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HomeMy WebLinkAboutContracts & Agreements_3-2006_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR ENGINEERING SERVICES FOR PHASE It OF THE ALESSANDRO ROAD QUIET ZONE PROJECT This Agreement is made and entered into this 3rd day of January,2006 by and between the City of Redlands, a municipal corporation (hereinafter "City") and CBA, Inc. hereinafter ("Consultant"). In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform professional services for Phase It of City's Alessandro Road Quiet Zone Project (the "Services") located in San Timoteo Canyon, Redlands, California. 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Ser-vices which Consultant shall perform are described in Exhibit"A,"entitled "Phase It Proposal Alessandro Road Quiet Zone,"("Proposal"),which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal,State and local laws and regulations in the performance of the Services including,but not limited to,all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et seq- and non- discrimination laws including the Americans with Disabilities Act and the Fair Employment and Housing Act. 2.3 Consultant further understands that if it violates the provisions of the Labor Code relating to prevailing wage, that City may enforce the Labor Code by notice of the withholding of contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726, 1.727 and 1771.6. 2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the Services, that Consultant shall comply with Labor Code sections 1.775 and 1777.7, by providing the subcontractor with copies of the provisions of sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by the City pursuant to Labor Code sections 1775 and z:1 1813. DWAgreementsTBA.Quiet Zone ARTICLE 3 -RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in City's possession that is relevant to the performance of Consultant's Services. 3.2 City will make provision for Consultant to enter upon City-owned property to perform the Services. 3.3 City designates Ronald C. Mutter to act as its representative with respect to the Services. ARTICLE 4- PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Section 3.0 of the Proposal entitled "Project Implementation Schedule." ARTICLE 5 -PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$12,815. City shall pay Consultant on a time and materials basis in accordance with the rates identified in that section of the Proposal entitled"Research Allocation Chart With Loaded Hourly Rates including Overhead, G/A& Profit." 5.2 Within ten days following the end of each month,Consultant shall submit an invoice to City indicating the portion of the Services performed, who performed the Services and costs incurred. Payments by City to Consultant shall be made within thirty(30)days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows: LAY Consultant Ronald C. Mutter, P.E. Christopher Becker, President Public Works Director CBA, Inc. PO Box 3005 22431 Antonio Parkway, Suite Nos. 160-251 Redlands, CA 92373 Santa Margarita, CA 92688 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to whom notices and payments are to be given by giving notice pursuant to this section. DWAgreementsTBA.Quiet Zone 2 ARTICLE 6- INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement shall be maintained by Consultant during its performance of the Services and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall not commence the Services unless and until all required insurance listed below is obtained by Consultant and Certificates of Insurance and endorsements evidencing such insurance are presented to City. All insurance policies shall include a provision prohibiting cancellation,except upon thirty (30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout its performance of the Services in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its elected officials and employees for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees. Consultant agrees that its obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent ofthe negligence ofConsultant,its officers,agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout its performance of the Services comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Professional Liabilitv Insurance. Consultant shall secure and maintain professional liability insurance throughout its performance of the Services in the amount of one million dollars ($1,000,000) per occurrence and two million dollars($2,000,000) annual aggregate. 6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million dollars($1,000,000)per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant-owned vehicles used in connection with its performance of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3 6.6 Assignment and Insurance Requirements. Except for field survey,utilities engineering,the preparation of legal descriptions and concept design plans, final plans, specifications and estimates for crossing modification work and street and striping plans, which will be performed by Hansen Wilson, Incorporated as a Subcontractor to Consultant,Consultant is expressly prohibited from assigning any of the Services without the prior written consent of City. In the event of mutual agreement between the parties to assign a portion of the Services,Consultant shall add the assignee as an additional insured to Consultant's insurance policies and provide City with insurance endorsements prior to any Services being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless City, its elected officials, officers, employees and agents from and against any and all actions,claims,demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees,that may be asserted or claimed by any person,firm,entity, corporation,political subdivision or other organization arising out of or in connection with Consultant's negligent and/or intentionally wrongful acts or omissions in performing the Services; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. ARTICLE 7-GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 7.2 All documents, records, drawings, designs, cost estimates, electronic data files, databases and other documents developed by Consultant pursuant to this Agreement and any copyright interest in such documents shall become the property of City and shall be delivered to City upon completion of the Services,or upon the request of City. Any reuse of such documents and any use of incomplete documents will be at City's sole risk. 7.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 7.5 This Agreement may be terminated by the City, without cause, by providing five (5)days prior written notice to Consultant of intent to terminate. 4 7.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made,but no amount shall be allowed for anticipated profit or unperformed Services,and any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.7 Upon receipt of a termination notice,Consultant shall immediately discontinue all Services, and within five(5) days of the date of such notice, deliver or otherwise make available to City, copies(in both hard copy and electronic form,where applicable)of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in performing the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.9 This Agreement,including the attachments incorporated herein by reference,represents the entire agreement and understanding between the parties as to the matters contained herein, and any prior negotiations,written proposals or agreements with regard to the subject matter hereof between City and Consultant are superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by City Council of City and signed by City and Consultant. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS CBA, INC. I - t 40 By: By x ka*j 0 ON HARRISON HRIST PHER BECKER Mayor President ATTEST: Cityperk, City fe ands 6 Inc. �aicrhri5b�ls�r..co m 22431 Antonio Parkway,Suite#5160-251 Santa Margarita,GA 92688 P 949-456.0823 F 949.709.2673 E 72 a ® - � s � s _ _ - ___-- - ------------ S SElFpR AL RGAOA6 �` "7 QUEE _..� _ r. EXHIBIT "a" 1.0 Background/ Project Approach: This phase II proposal will build upon the recommendations presented in CBA's [� Alessandro Road Quiet Zone Feasibility Study (October 3, 2005) and get the f project to a construction ready state. The aforementioned feasibility study recommended specific next step milestone tasks to be taken towards project implementation: Milestone ✓ Conduct diagnostic field review meeting with Ci , FRA, CPUC , ✓ Agency Plan Review mom ✓ Be in FRA Notification Process ININ ✓ UPRR A reement sco a to be determined followm diagnostic meeting) ✓ Construction Phase Su ort , n N Our Phase II project approach will incorporate the above tasks into the Scope of Work outlined below. 2.0 Scope of Work: 2.1 Conduct diagnostic field review meeting: A diagnostic field review meeting is an official meeting of all regulatory agencies as well as the operating railroad. CBA will secure the attendance of the regional representatives of the Federal Railroad Administration (FRA) and the California Public Utilities Commission (CPUC), as well as the City of Redlands and the public projects representative from the Union Pacific Railroad (UPRR). The Crossing Diagnostic process is crucial for determining which Supplementary Safety Measures (SSM's) should be installed at the Quiet Zone crossing. The term "crossing diagnostic" describes this on-site meeting where the participants discuss safety issues and operational concerns at the highway/railroad grade crossing. The intent is for all viewpoints to be addressed prior to making safety improvement decisions. This process is crucial for determining SSM's at Quiet Zone crossings. Access issues, construction costs, and maintenance costs are just some of the issues that result from SSM selection. Parties involved with diagnostics will differ on SSM preference based on the impacts. Arriving at an agreeable SSM solution for the crossing proposed to become a Quiet Zone is largely guided now b g y 9 y the Federal Regulations that went into effect on June 24, 2005. CBA will be in attendance and will work closely with the City before, during and after the diagnostic meeting to gain support for the SSMs recommended in the feasibility study. M: CBA and the diagnostic team will use Appendix ppendix F of the new FRA rule as a reference to guide the process. Much of the required data gathering has ' already been completed and included in the Feasibility Study. The following information will be documented by CBA as part of the diagnostic process: ✓ Current highway traffic volume and percent trucks ✓ Posted speed limits on highway approaches ✓ Maximum allowable train speed ✓ Accident history ✓ Bus use ✓ Presence of US DOT grade crossing number ✓ Potential for crossing closure or separation ✓ Number of lanes on each highway approach ✓ Pavement and crossing condition ✓ Drainage patterns ✓ Rail track elevation and alignment ✓ Quality of ride over crossing by vehicles ✓ Crossing vertical alignment and any vehicle danger (hump) ✓ Distance of nearest intersections ✓ Distance of nearby traffic signals, if any and interconnect ✓ Traffic queuing concerns ✓ Grade crossing warning devices in place and condition ✓ Type of train detection in place-old or modern ✓ Any sidings or rail storage areas nearby-visual obstructions ,,, ✓ Evidence of motorist violations of warning devices ✓ Accident data-potential problems to correct ✓ Can buses, if any be re-routed to other crossings ✓ Pedestrian issues, if any 2.2 Preliminary Engineering Phase: The California Public Utilities Commission (CPUC) has legal jurisdiction over any proposed modification of a public highway-rail crossing, including safety modifications on roadways approaching a rail crossing. The CPUC will require the filing of a formal application (see section 2.4 below) that must include preliminary engineering plans and details of the proposal. t r. CBA will coordinate the preliminary engineering phase work with Hanson- Wilson Engineering, which will require preparation of two to three plan sheets as well as a site topographic survey of existing conditions, utility identification and plotting as well as the preparation of a legal description of the crossing and an updated estimate of project costs. The preliminary engineering will incorporate the crossing modifications agreed to by the parties during the diagnostic phase. All plans and information will conform to City standards as instructed by the Public Works Department. F 2.3 Agency Plan Review: As soon as the preliminary engineering ` plans are completed, CBA will distribute the plans for the review and approval of all the participating agencies (FRA, CPUC, UPRR and the City) and coordinate any required plan revisions. 2.4 Prepare CPUC Application: The CPUC will require the filing of a formal application requesting to modify the Alessandro Road rail crossing. Public Utilities Code Sections 1201-1205 require Commission approval for projects involving the construction of new, or alterations of existing, public or publicly-used highway-rail crossings. During the diagnostic field review meeting, CBA will request the CPUC staff to determine which type of application must be filed for this project. There are two types of application procedures — a formal process with consideration before the full Commission or a more informal process at the CPUC staff level. A formal application for a non-controversial highway-rail crossing project typically takes six to 12 months for approval. Commission General Order 88-B (abbreviated GO 88-13) provides rules for staff approval (in contrast to Commission action for formal applications) of projects that meet certain criteria. Projects that are processed pursuant to GO 88-B typically take less than 45 days for approval. CBA has processed numerous formal and GO 88-B applications and although there are definite schedule advantages of the GO 88-B process, the CPUC required application documents are very similar for each process. We will prepare the following items to complete the CPUC filing: (a)A legal description of the location of the crossing. (b) Crossing numbers of the nearest existing public crossing on each side of the crossing. (c) A statement showing the public need to be served by the proposed crossing modifications. (d) If the proposed crossing is at grade, a statement showing why a separation of grades is not practicable. (e) A statement showing the signs, signals, or other protection which applicant recommends be provided at the crossing. (f) A map of suitable scale (50 to 200 feet per inch) showing accurate locations of all streets, roads, property lines, tracks, buildings, structures or other obstructions to view for a distance of at least 400 feet along the railroad and 200 feet along the highway in each direction from the crossing. Such map shall show the character of surface or pavement and width of same, either existing or proposed, on the street or road adjacent to the crossing and on each side thereof. (g) A map of suitable scale (1,000 to 3,000 feet per inch) showing the relation of the crossing to existing roads and railroads in the general vicinity of the crossing. (h) A profile showing the ground line and grade line and rate of grades of approach on all highways and railroads affected by the crossing. (i) A certificate showing that a copy of the application has been served by mail on the affected railroad corporations. (k) A general statement indicating the temporary traffic controls and type(s) of warning devices to be provided, if any, during the period of construction of the proposed alteration. The temporary traffic controls shall be in compliance with Section 8A.05, Temporary Traffic Control Zones, of the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, as amended. CBA will also prepare the CEQA environmental clearance document for the project, which also must be included in the CPUC application. A letter of support will also be needed from UPRR and CBA will assist the City to make this request. Lastly, CBA will work with the UPRR to secure the Construction and Maintenance Agreement (see Section 2.7 below) that the CPUC will require be submitted before taking final action on the City's application. 2.5 Begin FRA Notification Process: The Federal Railroad Administration's new rule that regulates train horn use and quiet zone implementation requires the applicant (the City) to prepare and transmit several formal notifications. CBA will prepare the notices for the City to mail including: F ✓ Notice of Intent to Create a Quiet Zone: Before the City establishes the Quiet Zone, either through the public authority designation method or through the FRA approval process, it must provide written notice to several parties including all railroads operating over the rail crossing, the state agency responsible for highway and road safety (Caltrans) and the state agency responsible for grade crossing safety (CPUC). The notices must be sent by certified mail, return receipt and contain the following information: ❑ Unambiguously state the crossing that will be included in the quiet zone ❑ The US DOT National Highway-Rail Grade Crossing JIM Inventory number and the street name ❑ The time period during which train horn restrictions would be imposed (i.e. 24-hour or a partial period such as 10 pm to 7 am) ❑ Brief explanation of the tentative plans for implementing improvements within the quiet zone ❑ The name, title and contact information for the person who will act as point of contact during the development process ❑ List of the names and addresses of each party notified A party may submit information or comments to the City during a 60-day period after the date on which the Notice of Intent was mailed. The 60-day comment period may terminate early if the City obtains written statement that all the notified parties do not have any comments. ✓ Notice of Quiet Zone Establishment., The Notice of Quiet Zone Establishment must be mailed no later than 21 days before the date on which train homs are scheduled to cease sounding. For a new quiet zone, this notice cannot be served earlier than 60-days after the Notice of Intent was mailed, unless the City receives "no comment" written statements from each party that was notified. All notices must be provided by certified mail, return receipt requested. Parties to be notified include the following: Li All railroads operating over the crossing u The highway or law enforcement authority with jurisdiction over motor vehicle traffic at the quiet zone crossing u Landowners with control over any private crossings within the quiet zone u The state agency responsible for highway safety (Caltrans) a u The state agency responsible for grade crossing safety, and u The FRA Associate Administrator The notice must also contain the following information: u Unambiguously state the crossing that will be included in the quiet zone u The US DOT National Highway-Rail Grade Crossing Inventory number and the street name u The regulatory provision that provides the basis for establishing the quiet zone i.e. Section 222.39 (a) (1), implementation of SSMs at the quiet zone crossing a A statement indicating the time period during which horn restrictions will be observed o An accurate and complete grade crossing inventory form for each quiet zone crossing, reflecting conditions at the crossing before any new safety measures were implemented u An accurate and complete grade crossing inventory form for each quiet zone crossing that reflects the SSIVIs in place upon establishment of the quiet zone Li A written statement affirming that the Notice of Intent was provided in accordance with the rule and indicating the date on which the Notice of Intent was mailed ❑ A written statement affirming that he City received written comments and/or "no comment" from the parties receiving the Notice of Intent ❑ The name and title of the person responsible for monitoring compliance with the requirements of the rule and his/her contact information including business address, telephone number, fax number and email address ❑ A list of al parties notified in accordance with the rule, and ❑ A statement signed by the Chief Executive Officer (City Manager) certifying that responsible officials of the public authority (City) have reviewed the documentation prepared by the FRA, sufficient to make an informed decision regarding the advisability of establishing the quiet zone. 2.6 CPUC Approval/Final PS and E Phase: The final engineering phase will begin upon receiving approval for the proposed crossing modifications from the CPUC. CBA will coordinate the preparation of final Plans, Specifications and Estimates with Hanson Wilson Engineering to ready the project for award of a construction contract. All plans and information including the scale of the drawings will conform to City standards as instructed by the Public Works Department. The plan set will include an electronic file(s) and mylar originals for City records and at a minimum will consist of- u Title sheet including project contacts, location map and vicinity map as well as general notes ❑ Construction details (1-2 sheets) ❑ Street improvement plans (1 sheet) ❑ Signing and striping plans (1 sheet) ❑ Utility plotting (incorporate with street plans) The specifications will follow the City's standard format and will include the notice inviting bids, proposal documents, contract documents, general provisions and special provisions. CBA will require the City to provide an electronic file of the City boiler plate specification template. We will provide electronic and hard copy originals for City records. We will also require the City to provide one copy of record plans, aerial photographs or any other mapping or details that can assist in the design effort. A line item engineers' estimate for all project items located outside of the UPRR right-of-way will be provided and will coincide with the bid line items in the proposal documents. Each item will include unit cost, quantity and total cost. In addition, an itemized cost estimate for work that the UPRR -n will do with its own labor force will be provided so that all project expenses L will be identified. Copying and printing of plans and bid sets will be done at cost plus 5%. The City will need to instruct CBA on the number of copies needed, size/scale, and special color for cover stock or for any of the proposal or contract documents. Alternatively, the City can do the reproduction work from the original files CBA will provide. 2.7 UPRR Agreement: The UPRR will require the City to enter into a Construction and Maintenance Agreement (CM Agreement) for any modifications at the crossing or new equipment installations that will require railroad involvement. This agreement will also need to be _u addressed as part of the CPUC approval process, The CPUC normally requires the City to submit the CM Agreement prior to taking final action on the City application requesting to alter/modify the crossing. The CM Agreement for this project will only be needed if "power-out" indicators are required to be installed pursuant to the FRA rule. It is not likely that any other UPRR work will be needed at this crossing. The diagnostic review meeting will provide clarification on the specific items the UPRR will need to accomplish and whether or not these items will need to be included in the CM Agreement. CBA has negotiated many CM agreements on behalf of municipal agency clients and will work closely with the City and UPRR to secure a CM Agreement that is supported by all parties. 2.8 Finalize Budget and Funding: At present, the project is unfunded. However, property owners who reside near the crossing have expressed interest in privately funding the quiet zone construction phase. In addition, the recently approved Federal Transportation Bill (SAFETEA-LU) includes new funding in the HIGHWAY SAFETY IMPROVEMENT PROGRAM (23 USG 148 Requirements). Section 1401 of SAFETEA-LU includes the program and policy language for implementing the new "core" Highway Safety Improvement Program (HSIP), which is codified as the new Section 148 of Title 23 of the United States Code (23USC148). CBA is very familiar with this legislation and has identified the following "highway safety improvement project" activities as being consistent with the new funding provisions, making this a solid project funding alternative that should be followed up on with state and federal elected representatives: * Construction of any project for the elimination of hazards at a railway highway crossing that is eligible for funding under section 130, including the separation or protection of grades at railway highway crossings. 9 Construction of a railway-highway crossing safety feature, including installation of protective devices. 9 The conduct of a model traffic enforcement activity at a railway- highway crossing. e Construction of a traffic calming feature. * Improvement of highway signage and pavement markings. 9 Safety-conscious planning. * Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of motorists and workers), and crash attenuators. * Construction and operational improvements on high risk rural roads. As a new highway funding program, it will take several months for the funds to flow from the federal to the state level. In California, Caltrans will become the contact agency for distribution of the funds and implementation of the program objectives. California could receive $100 million in the next four years. CBA will outline a strategy to seek the support from US Representative Jerry Lewis and the State Business, Transportation and Housing Agency Secretary, Sunne Wright McPeak, for a funding earmark for this project. In addition, the residents favoring the quiet zone project have initiated discussions with Mr. Lewis' local staff. This funding opportunity needs to be discussed with the City and immediate follow-up actions started to secure a funding earmark as a high priority project. CBA will coordinate the resident and City funding efforts so that the request for funds will be from one unified audience. This rail corridor is a key element of the nationaloods movements stem g y and is a vital link connecting the San Pedro Bay port complex to the Midwest and East coast. Secretary McPeak and the Governor's Administration have embarked on a goods movement improvement plan as a top priority for the state. Eventually, state funding is expected (maybe as soon as 2006-07) for projects that will improve safety, the environment and the throughput of freight and goods. Rail crossing safety improvements and grade separations have risen to the top of the list as the priority projects to be funded. CBA will assist the City by making their project needs known to Secretary McPeak and will inform the City of many upcoming opportunities to become involved in this new goods movement funding initiative. Quiet zones alone are not yet favored projects of transportation funding agencies, however, safety improvement and goods movement improvement projects are well supported. The City will be well served to represent the project as a safety/goods movement improvement project and not place emphasis on the train horn alone as the reason for the project funding request. 2.9 Construction Phase Support Although not included in this proposal, CBA can be available under a separate task order to assist the City with construction phase support including contractor and railroad coordination. 2.10 Public Outreach/Education Although not included in this proposal, CBA can be available under a separate task order to assist the City with a targeted public outreach and education campaign so motorists will be aware of the quiet zone before it goes into full operation. The recently completed Orange Line (dedicated lane bus way) in Los Angeles is experiencing substantial driver confusion and accidents that could have been prevented with a solid education effort. Similarly, drivers passing through the Alessandro Road crossing will need to be alerted of the new crossing safety features and that no train horn will be used well in advance of project completion. A good outreach effort also will result in positive media for the City. 3.0 Project Implementation Schedule The project implementation schedule lists key milestones and critical path items along with f typical schedule duration periods for each task. Included in the schedule is the state and ( federal application approval processes. f . WI r � f � • M � lii f 2.1. Conduct diagnostic field review TBD meetin with City, FRA, CPUC , UPRR „ . 2 3 A enc Plan Review 30 Da s ,... �� 4 r 2 5 FRA Notification Process Allow 60-90 davs 2.7 UPRR A reement 60 Da s and, 2.9 Construction Phase SupportTBD Many tasks can be implemented simultaneously to accelerate the schedule, but the process typically takes 12-18 months to complete, due to the number of agencies involved. CBA will provide a more detailed project schedule upon receipt of a Notice to Proceed. Progress summary reports will be provided along with monthly invoices for work completed. 4.0 Fee Schedule The recently completed Feasibility Study included an initial planning level cost estimate for the recommended quiet zone supplemental safety measures (Table 9) as well as the estimated cost for the preliminary and final engineering phase work and the preparation, processing and coordination of approvals from the regulatory agencies and the UPRR. The proposed fee schedule below holds the line on the earlier presented costs and provides everything the City will need to get the project approved and construction ready. iiM Description Staff Positions Total 2.1 Diagnostic Review CBA staff Proi. Mgr. Clerical Hourly Rate 125.00 25.00 Hours 2.1,1 Contact FRA, CPUC, UPRR, City 1.00 125.00 2.1.2 Prepare field review materials 1.50 1.00 212-50 2.1.3 Attend diagnostic meeting 2.00 250.00 2.1.4 Prepare diagnostic report 2.00 1.00 275.00 Task Subtotal 862.50 Hanson-Wilson 2.2 Prelim. Engineering staff Survey Design Eng CAD Clerical Hourly Rate 100.00 130.00 50-00 30.00 2.2.1 Survey 3.00 Hours 300.00 2,2.2 Utility Eng. 5.00 2.00 1.00 780.00 2.2.3 Prep/Legal Description 3.00 1.00 1.00 470.00 2.2.4 Concept design plans 7.00 3.00 1060.00 Task Subtotal 2610.00 2.3 Plan-check Coord. CBA staff Prof. Mgr. Clerical Hourly Rate 125.00 25.00 2.3.1 Internal QC plan-chk Hours Z3.2 Transmit plans to agencies 2.00 250.00 1.00 25.00 2.3.3 Coord. Comments/revisions 2.00 1.00 275.00 2.3.4 Transmit final concept plans 1.00 25.00 Task Subtotal 576.00 "IRV3, 2.4 CPUC Application CBA staff Proi. Mgr. Clerical Hourly Rate 125.00 25.00 Hours 2.4.1 Contact CPUC 1.00 125.00 2.4.2 Legal desc. Exhibit 0.50 1.00 87.50 2,4.3 Public needs statement 0.50 1.00 87.50 2.4.4 Crossing safety features 2.00 MO 262.50 2.4.5 Location map Exhibit 1.00 0.50 137.50 2.4.6 Profile Exhibit 0.50 12.50 2.4.7 Cart. of service to UPRR 0.50 0.50 75.00 2.4.8 Traffic control description 0.50 0.50 75.00 2.4.9 CEQA Clearance 1.00 1.00 150.00 Prepare draft 2.4.10 appliction 2.00 2.00 300.00 2.4.11 Prepare final application 1.00 1.00 150.00 Task Subtotal 1462.50 2.6 FRA Notification CBA staff Proi- Mgr. Clerical Hourly Rate 125.00 25.00 Hours 2.5.1 Notice of Intent 2.00 1.00 275.00 2.5.2 Establishment Notice 2.00 1.00 275.00 Task Subtotal 550.00 Hanson-Wilson 2.6 Final PS and E staff Survey Design Eng CAD Clerical Hourly Rate 100.00 130.00 50.00 30.00 Hours 2.6.1 Title sheet 3,00 2.00 490.00 2.6.2 Const. Details 3.00 2.00 490.00 2.6.3 Street Improv. Plans 3.00 1.00 440.00 2.6.4 Signing/striping plans 2.00 1.00 310.00 2.6.5 Utility plotting 2.00 1.00 310.00 2.6,6 Specifications 4.00 3.00 610.00 2.6.7 Cost estimate 3.00 1.00 420.00 QC internal plan- 2.6.8 check 2.00 260.00 Task Subtotal 3330.00 Wmas S�' u -.1- 2.7 UPRR CM Agmt. CBA staff Prof. Mgr. Clerical Hourly Rate 125.00 25.00 Hours 2.7.1 Contact UPRR-discuss scope 1.00 125.00 23.2 Begin draft 5.00 2.00 675.00 23.3 Meet w/UPRR 1.00 125.00 27.4 Meet wl City 1.00 125.00 2.7.5 Revise draft 3.00 2.00 425.00 2.7.8 Final Agreement 3.00 2.00 425.00 Task Subtotal 1900.00 2.8. Budget&Funding CBA staff Proi. Mgr. Clerical Hourly Rate 125.00 25.00 Hours 2.8.1 Federal funding strategy 2.00 1.00 275.00 2.8.2 State funding strategy-goods movement 2.00 1.00 275.00 2.83 Program project into FTIP 3.00 2.00 425.00 2.8.4 Private contributions 1.00 1.00 150.00 2.8.5 Project position paper 3.00 1.00 400.00 Task Subtotal 1625.00 2.9 Const.Ph.Support CBA staff Proi. Mgr. Clerical Hourly Rate 125.00 25.00 NIC Hours 2.1 Public Outreach CBA staff Proi- Mgr. Clerical Hourly Rate 125.00 25.00 NIC Hours TOTAL 12,816.00