HomeMy WebLinkAbout108818 SEAR BROWN GROUP - CONTRACT - CONTRACT - 17182 P816PROFESSIONAL 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 SEAR -BROWN,
"Professional".
WITNESSETH:
a corporation, hereinafter referred to as
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 thirteen (13) pages, and
incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within two (2) days following execution
of this Agreement. Services shall be completed no later than June 1, 2004. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by the
parties hereto.
3. 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:
PSA 05/01
1
City Staff will complete any press release information.
The open house exhibit materials will be created by the consultant team and will be in an easily
understood graphical form. The open house materials, prepared by the consultant, will generally
include:
• scale drawings showing the proposed project improvements in plan and corresponding
profile view
• drawings representing the typical cross sections of the roadway through the project limits
• anticipated interim improvements at the Summit View Drive intersection and transition zone
• exhibits showing representative landscaping on the project
• a hand sketched rendering of the proposed bridge and trail crossing at the Poudre L-Path
location.
Appropriate consultant team members (not to exceed four) will attend the open house.
Following the open house, the project team will summarize the public feedback and coordinate a
team debrief meeting with the City.
Final Desien
Final ROW Acquisition
Sear -Brown will delineate in electronic format the Final ROW and permanent drainage, storm
water, utility, slope and temporary construction easement locations throughout the project
corridor. Final ROW acquisition documents, legal descriptions, exhibits and agreements will be
generated by City staff. The City's ROW staff will complete all property appraisals and
purchase negotiations, however the team will provide technical support and prepare individual
property mitigation plans for the properties along the corridor from Sharpe Point to Summit
View Drive that require acquisition of new right-of—way or easements. It is expected that there
are five (5) individual properties that may require mitigation plans. These properties include the
Anderson Parcel at the southeast corner of E. Prospect Road and Sharpe Point, the Condict
property east of the City Riverbend Ponds, the two (2) Schafer properties at the northwest comer
of Summit View Drive, and the Behnke property on the southwest corner of Summit View
Drive. Mitigation plans for the CSU Environmental Learning Center property and all City
Natural Area properties will not be necessary provided that these improvements are detailed on
other sheets within the final plan set. A "stand alone" mitigation plan will be prepared for each
property and will be included in the construction documents.
Final Drainage
The final drainage design effort will provide a detailed final analysis of the roadway, including
the storm water quality ponds based on the findings and recommendations of the preliminary
design effort in October 2002. This will include development of the final drainage report to
include summaries of all previous design phases. All software models utilized for the design of
the project will be included on electronic media (diskette or CD) with the final report.
The final drainage effort will include refining the preferred alternative routing for conveyance of
stormwater flows off of the roadway as shown in the preliminary drawings. It is anticipated that
storm flows from the roadway will not be detained prior to release, but will be routed through
Page 4of10
"Water Quality" features as practical. It is understood that roadway drainage east of the Poudre
Bridge will be collected in curb and gutter and conveyed in pipe or ditches south of the right-of-
way to new water quality ponds at existing drainage features. The project team will utilize the
floodplain analysis models prepared by Anderson Consulting as a starting point for the tailwater
analysis. Roadway drainage west of the Poudre Bridge will also be collected in curb and gutter,
and will be conveyed to existing drainage structures on Sharpe Point.
This scope of work for drainage effort assumes that the City of Fort Collins will provide, through
Anderson Consulting, all effort necessary to update floodplain elevations for the Poudre River "L
Path". It is our understanding that Anderson Consulting will continue to assist Sear -Brown with
finalizing the hydraulic approach, opening size under the L-Path bridge, and stabilization of the
embankment at and near the bridge structure.
Final Roadway Design
The final design of the roadway will include development of final plan and profile sheets and
detailed typical sections for.the proposed roadway. The profile drawings will include flowlines
(road edge and medians) organized with identifying labels and control information. Completion
of the supporting plan set will generally include:
o demolition plans,
o grading plans
o signing & striping plans,
0 overall drainage plans plus storm sewer profiles with HGL,
o detailed erosion control plan with water quality pond design,
o landscaping plan,
o wetlands mitigation plans.
o landscape irrigation plan,
o Poudre L-Path bridge structure with structural details, (bridge type is assumed to be a 2-
span "slab -girder" type as depicted in the preliminary plan set),
o plans for trail both below Poudre L-Path bridge and new trail within the project corridor,
0 overall project traffic control and construction phasing plan,
o intersections plans for Summit View and Sharpe Point,
o CSU / Natural Resources parking lot
o utility modification plan and profile
o private property mitigation plans
o Roadway Driveability Report: this will include drive lane profiles in sufficient detail to
indicate a 0.2% grade change within 40 feet and identify obstructions in plan view.
Examples of obstructions include manholes, valve boxes and vaults. This report will
discuss the ability to move obstructions out of the wheel paths in both travel and bicycle
lanes.
o and project specific details.
Plan sheets will detail the ultimate four lane roadway section from Prospect Parkway through the
Summit View Drive intersection and the interim transition near Summit View Drive.
Accompanying the plan set will be a full set of detailed cross sections for the length of the
corridor including underground utilities prepared at minimum 50' intervals and at critical
locations. These cross sections will illustrate both interim and ultimate improvements within the
transition zone. The final roadway design will be developed in concurrence with the
Geotechnical Recommendations Report prepared with the Preliminary Phases. The report will
Page 5 of 10
be updated as necessary to include design recommendations consistent with the final design
elements.
Final Utilities
The engineering services included with this scope associated with existing and proposed utilities
are generally those necessary to complete the final design of the utility modifications shown in
the preliminary set of design drawings. More specifically this effort includes:
o Delineating the removal or relocation of existing utilities owned by XCEL (natural gas
and electricity), ELCO (water), Poudre Valley REA (electricity), Qwest (telephone),
Comcast (cable), City (electricity and water), AT&T (communications), and any fiber
optics with the project limits. Detailing of the removal or relocation of these utilities will
be done by others and not include with this scope of work.
o Design and detailing of the horizontal relocation of approximately 600 lin. feet of an
existing Anheuser Busch 16" force main.
o Design and detailing of the vertical relocation of a PRPA force main through the limits of
the proposed bridge structure, approximately 300 Lin. Feet.
o Design and detailing of approximately 1900 lin. feet of "cured in place pipe"(CIPP). The
CIPP will be used to slip line the existing Boxelder Sanitation line through the project.
o Delineating miscellaneous relocations and adjustments of water valves, manholes and
water meters.
Utility Pot -holing
Sear -Brown will schedule and coordinate the utility potholing required for establishing
horizontal and vertical locations of existing utilities at proposed critical, storm pipe, and structure
locations in the project corridor. Sear -Brown has obtained information from various utility
entities and from potholing activities performed during the preliminary phase, and we anticipate
approximately 10 additional potholes will be needed to verify exact locates at proposed
crossings. Potholing will be done utilizing a water jet/vacuum truck assembly to minimize
disturbance to the existing roadbed. Use of equipment beyond what is shown above, such as a
backhoe or excavator, to locate utilities is not included within this scope of work.
The City will provide traffic control for potholing operations. A two -week notification is
required.
Jurisdictional Wetland Delineation and Mitigation
Jurisdictional wetland delineation was completed by Cedar Creek Associates during the
preliminary phase of the project within a 100-foot corridor on each side of the existing East
Prospect Road corridor using the methodology outlined in the publication Corps of Engineers
Wetlands Delineation Manual.
The scope of effort in this phase of work will include the effort required to complete a wetland
mitigation plan for the East Prospect Road Project. The plan will be suitable for inclusion in,
and submittal with, the 404 permit to be developed by the City of Fort Collins (City) in the late
Fall 2003 or Spring 2004. The wetland mitigation plan will be prepared by Cedar Creek
Associates and will generally include the effort outlined below.
The engineering plans for the road will be reviewed and impacts to existing wetlands will be
assessed. The soil, hydrology, and vegetation components of the wetlands to be impacted will be
Page 6 of 10
evaluated with a view to reconstructing these ecological elements at the selected mitigation site.
The selected mitigation site will then be traversed in the field, characterized, and any data
concerning existing soils and hydrology reviewed. The mitigation success potential of the
mitigation site will be determined given site characteristics, and a preliminary mitigation
approach developed. This approach will be presented to the City for review.
Following the review, the mitigation plan will be finalized and the required techniques selected
for implementation. Unless otherwise required, mitigation will take an "in -place, in -kind"
approach and be completed on a 1.0 acre constructed: 1.0 acre impacted ratio for both the
vegetated wetland and other Waters of the U. S. to be impacted. This approach is typically
required by the Corps of Engineers. The mitigation plan to be prepared will include
specifications for soil salvage and handling, seedbed preparation, fertilization, seeding and
planting, mulching, and soil stabilization. Seed mixtures and seedling/tree planting lists will be
included as will mitigation schedules, a weed control program summary, a maintenance program,
a monitoring methodology, and a technical specifications appendix.
It is assumed that the wetland mitigation area will be located on, or adjacent to, the impacted
sites. A search for an alternate mitigation area outside of the project boundaries is not included
in this proposal.
Final Landscape, Trail, and Irrigation
The final design of the trail will include development of a plan, profile and adjacent grading for
the proposed trail as well as connections to the existing trail and roadways. In addition, within
this portion of the overall final design the project team will complete landscape and irrigation
design concepts for the trail and the roadway with associated details. Sub -consultant BHA
Design will complete this work on the project, which will more specifically include:
o Trail/Walk Design
Revise trail configuration and grading based on comments from staff
Prepare plan and profile sheets for trail (with SB assist on profile creation)
Prepare sign plans for trail
o Planting Plans
Furnish planting plans based on comments from staff, Parks Maintenance and Boards
Revise planting plans as necessary based on roadway adjustments during Final Design
(anticipate two revisions)
Coordinate with Cedar Creek regarding wetland mitigation planting configuration
Update planting details
Prepare fence details
Prepare retaining wall details (with structural review by Sear -Brown)
o Grading, and Drainage
Review water quality pond grading and prepare aesthetic earthwork recommendations
Prepare grading at trail underpass and retaining walls
o Irrigation Plans (by Aqua Engineering)
Page 7 of 10
Prepare irrigation plans required for landscaping within City Right -of -Way. A temporary
irrigation system is anticipated to operate for a two year establishment period for most
planted areas. A permanent, independent, tree irrigation system will also be designed.
o Property Mitigation Plans
Meet with property owners to review plan concepts
Prepare property mitigation plans and details as needed (fencing, walls, etc.)
Prepare revisions to mitigation plans based on meeting with landowners and comment
from City staff.
Prepare final mitigation plans for use by City Real Estate Services and inclusion into the
final plan set.
Final Plan Set
The "Final Plan Set" task is the common effort to pull together all the individual design
components into a single 95% submittal set. The plan set will include common sheets such as
the cover, index, key map, general notes etc in addition to the individual design plans. A final
opinion of probable construction cost will be generated simultaneous to the development of
project quantity tabulation plan sheets. The opinion of probable construction cost will be
separated into the three individual project components (Road, Trail, and Water Quality Ponds)
including ROW and easements required for each. However, the tabulations will summarize the
entire project. Bid tabulations will be separated into component schedules. A preliminary index
of anticipated project sheets is included at the conclusion of this exhibit.
Detailed in-house independent Quality Control and Constructability Reviews will take place. The
"For Bid" final plan set will be revised to address the City comments received from the 95%
submittal. Completing the construction documents are the Project Specifications which will be
generated in CSI format from current Larimer County Urban Street Standard and amended or
supplemented with appropriate CDOT Standard Specifications for Road and Bridge Construction
1999. Project bid documents will represent the City of Fort Collins format, with the City
providing applicable "up -front" specifications. The project team will assist with the pre -bid
meeting, contractor questions during bidding, a post bid meeting and bid review.
Final Plan Set Deliverables
1- Full size plan set (24 x 36 mylar reproducible set) (signed and P.E. sealed)
3- Full size plan set (24 x 36 blue line copies)
1- Half size plan set (11 x 17 unbound bond reproducible set)
30- Half size plan set (11 x 17 bound copies)
1- Contract Documents/Specifications (unbound bond reproducible set)
33- Contract Documents/Specifications (bound)
Final Open House
Following the conclusion of the final design phase and award of the construction contact the
second open house will be held. This effort will follow the template of the first open house but
represent final design and construction expectations. The project World Wide Web site will be
updated with more specific project information. The open house will be conducted utilizing
project team generated display materials which depict the final design and anticipated
construction phasing in easily understood graphical formats. Following the open house, the
Page 8 of 10
project team will summarize the public feedback and coordinate a team debrief meeting with the
City.
Construction Phase Services
Construction Services represent the project team efforts to assist the City in the administration of
the project construction. It is expected that the detailed scope of these services will be developed
under a separate agreement sometime within the final phase of project design. It is anticipated
that these services could include the following:
• Construction Administration (management and meetings)
• Construction Observation Services
• Materials Testing
• Project Reporting and Documentation
• Record Drawings
• Drainage Certification
• Project Closeout
Summary of Ennineering Fee Estimate
Project Management / Meetings
$17,600
Roadway Design / Plan Set
$72,227
Bridge Design / Details
$46,580
Public Outreach / Open Houses
$19,294
Wetland Mitigation
$ 3,550
Supplemental Surveying (Sear -Brown)
$ 5,378
Landscape / Irrigation
$42,146
Expenses
$12,202
Total estimated Fee
$218,977
The Engineering Fee Estimated is based on Hourly Rates, up to a Not to Exceed amount of
$218,977. Further break down of the Engineering Fee Estimate is included with this proposal.
The upper limit is not to be exceeded without prior written consent of the City of Fort Collins.
Work will be invoiced to the city of Fort Collins in accordance with the attached Sear -Brown
Hourly Billing Rate Schedule for 2003.
Reimbursable Expenses
Reimbursable expenses are the actual expenses incurred directly in connection with the Project
for: reproduction of documents, phone calls, services of suppliers or contractors (such as utility
potholing), and transportation incidental to the Project. Reimbursable expenses will be invoiced
at the incurred cost and will be invoiced with supporting documentation.
Page 9 of 10
Final Plans — main set
Description
Estimated Sheets
Cover Sheet
1
Legend
1
Abbreviations
1
General Notes
2
Summary of Quantities
4
Typical Sections
3
ROW Plan
1
Horizontal Control Plan
1
Construction Phasing Plan
2
Demolition Plan
4
Overall Drainage Plan
2
Overall Utility Plan
2
Overall Grading Plan
4
Erosion Control Plan
2
Wetland Mitigation Plan
4
Roadway Plan & Profiles
20
CSU / Natural Areas Parking Lot
2
Natural Areas Plans
Included in
landscape plans
Storm water Quality Ponds
2
Signing and Striping
6
Intersection Plans
2
Structural Plans
4
Structural Details
10
Architectural Details
2
Utility Plans
10
Utility Details
6
Storm Plan and Profiles
7
_Landscape Plans
10
Landscape Details
6
Irrigation Plans
10
Irrigation Details
5
Trail Plans
3
Detail Sheets — Road
3
Detail Sheets — Storm
5
Detail Sheets — misc
4
Estimated total sheets +/- 151
Final Plans — auxiliary set
15 - Cross -Sections
5 - Mitigation Plans
Page 10 of 10
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ACORD CERTIFICATE OF LIABILITY INSURANCE OSR OP,E/15"""
SEARB-1 0915 03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6 Dake Co., Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Lucas
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1399 Monroe Ave.
Rochester NY 14618
Phone: 585-461-3690 Fax: 585-461-1504
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER& Seouxity Ins Co SE Bart[orG
NSWER B:
The Sear Brown Group Inc.
INSURER
300 Meridian Centre
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Suite 250
INSURER O'.
Rochester NY 14623
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADOED BY ENDORSEMENT I SPECIAL PROVISIONS
A $250,000 deductible applies to professional liability. All operations of
the named insured including project #020224, E. Prospect Roadway Widening
Final Design.
CITYFOR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER FM1L EMIDEAYWL TO MML 10 DAYS WMTTEN
NOTICE TO THE CERTIFICATE HOLDER FUMED TO THE LEFT. BUT FAEU S TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City
of Fort Collins
P.O.
Box 580
REPRESENTATNES.
ADTHOR�D REP E
Fort Collins, CO 80522
l
AGUKU 2D IZUUTIUBJ
CORPORATION 1989
Professional: City With Copy to:
Dale Stein, Project Manager John Lang, Engineering John Stephen, CPPO. Sr. Buyer
Sear -Brown City of Fort Collins City of Fort Collins, Purchasing
209 South Meldrum P. O. Box 580 P. O. Box 580
Fort Collins, CO 80521-2603 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 performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
4. 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 $500,000 combined single
limits, and errors and omissions insurance in the amount of $1,000,000.
5. Compensation. 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 and Reimbursable direct costs:
See Exhibit B, consisting of two (2) pages, and incorporated herein by this reference,
PSA 05/01
►7
Debbie Whyt- At: Landmark Group To: Patti Towner
Faxo: (585) 272.7709 Date: 9/12/03 12:31 PM Page 2 of 2
ACORDCERTIFICATE OF LIABILITY
CSR DR Dp
INSURANCE
_
SEARB-1 00/12/03
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THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
Landmark Group of Brighton
Inc
: 1956 W Henrietta Road
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
!Rochester NY 14623-1308
Phone: 585-272-1956 Fax:585-272-7709
'WPED
WSURERA OneBeacon America Insurance
WEURER BOnIaBeac On Insurance Company
NSOPEac American Employer's Ins. Co.
The sear -Brown Group, Inc.
300 'Meridian Centre -suite: 250
Rochester NY 14616
_
NsuRERc Diamond state Insurance Co.
INBIJRER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BXCLLWIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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TYPE OF INSURANCE
POLICY NUMBER
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=GARAGE LIABILITY
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EACHOCCURRENCE
S50000,000
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WGUO000937
12/31/02
12/31/03
AGGREGATE
$5,000,000
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EL. EACH ACCIDENT
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E.L DeEAEE- POLICY UMT
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OTHER
]ESCMlP NON OP OPERGTIONSILOCATIONSNEHICLESIEECLU61ON6 AbOEO BT ENDOROEMENTISPECWL PRON610NS
Re: E Prospect Roadway Widening Final Desing Proj #020224. City of Fort
Collins, CO, its o£Picers 6 employees are included as Additional Insureds
on GL ppolicy per CG2033 limited to the liability arising out of the named
insured operations
CERTIFICATE HOLDER N I ADDITIONAL INSURED; NEWER LETTER: CANCELLATION
CFTC-01 SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE RWINO INSURER WILL ENOEAYCR TO MAIL 'An DAYCAMe".N
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ELY iNLURE TO DO BO SHALL
City of Fort Collini IMP OBE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER ITS ACBNTS OR
PO Box 580 REPREBENTATNES.
Fort Collins CO B0522 AUTHORZD.PEEREBEM� LYE— — A
Re���'dime Seo•1212:lOPM��I ROZ:d[ EOOb 'bl'deS
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Two Hundred Eighteen Thousand Nine Hundred Seventy-seven Dollars ($218,977.00).
The parties acknowledge that BHA Design, Cedar Creek Associates, Van Thuyne Downs, Inc.
and Terracon are not parties to this agreement. However, the rates listed for services to be
provided by these subcontractors shall be the rate paid by the City to the Professional for these
services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "B"
the excess amount shall not be paid or owed by the City. 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, reports,
specifications, drawings and other services rendered by the Professional shall become the sole
property of the City.
6. 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.
7. Project Drawings. 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 quality, prepared on
stable mylar base material using a non -fading process to prove for long storage and high quality
reproduction.
PSA 05/01
3
8. 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.
9. 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.
10. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
11. 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.
12. 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.
PSA 05/01
rd
13. 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.
14. 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.
15. 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.
PSA 05/01
N1
THE CITY OF FORT COLLINS, COLORADO
By: 021.
John F iisschbach *
City Manager
By:C� 1364-'OL
Ja es B O'Neill II, CPPO, FNIGP
Director olPur asing & Risk Management
DAT
M
e
Ch'y: C4erk
AFPR,0NEDDAAS�T'gO FORM:
Assistant City Attorney
4AT E
rp to a Se r tary
PSA 05/01
Title: d
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 4*-//-03
(Corporate Seal)
�J
EXHIBIT A
July 31, 2003
The City of Fort Collins
East Prospect Road Improvements
Final Design
Page 1 of 10
Scope of Services
Introduction
This scope of services represents the final engineering design services associated with the City of
Fort Collins' project, "East Prospect Road Improvements" (hereinafter referred to as the
Project). This scope is intended to accompany the project Engineering Fee Estimate. The
project Engineering Fee Estimate is a spreadsheet representing an overview of the project with
individual work tasks represented in rows and anticipated professional staff effort represented in
columns. A target project Schedule has been prepared concurrently with this scope.
General
The remainder of this document describes our understanding of the scope of work. As a matter
of clarification, several assumptions were made in developing the scope, schedule and work
plan:
The final design is understood to include the design and preparation of construction
documents for the "ultimate design" as shown in the East Prospect Road Preliminary plans
dated October 2002. The project corridor includes East Prospect Road from Prospect
Parkway across the Poudre River Bridge to and including the intersection of Summit View
Drive. The final design plan sheets will also include a superimposed interim roadway
alignment which will transition from the ultimate road section to the existing two lane road
section at Summit View Drive beginning just east of the MBI entrance. No improvements on
E. Prospect Road east of Summit View Drive are included with this scope.
• The limits of the project will generally be from Prospect Parkway to Summit View Drive
along the East Prospect Road corridor. It is expected that the final design will include:
• roadway demolition and reconstruction
• earthwork
• identification and layout of utility relocations
• identification of right-of-way, slope easement and construction easement needs
• a new bridge at the Poudre River L-path
• pavement design
• sidewalks, curb and gutter, medians and trails
• wetland mitigation plans
• private property mitigation plans
• landscaping and irrigation
• storm sewer and storm water quality ponds
• combined City Natural Area and CSU Environmental Learning Center parking lot
• detailed cost estimates
• review copies and P.E. sealed bid documents and specifications
• The overall project design has been established in distinct engineering phases including
Conceptual Design, Preliminary Design, Final Design and Construction Engineering.
Page 2 of 10
Conceptual and Preliminary Design phases were completed under City of Fort Collins'
project number P-816. Final Design Engineering will be completed under this Scope of
Services and Construction Engineering Services will follow under a separate agreement,
subject to the availability of funds for construction.
• The Sear -Brown Team (also referred to as the "project team" in this scope of services) for
this project includes the following sub consultants: BHA Design, Cedar Creek Associates
Inc, Aqua Engineering, Van Thuyne - Downs (or other potholing company) and Terracon
Consulting Engineers & Scientists.
All project deliverables will be made available to the City in electronic as well as hard copy
format. Electronic files will be prepared and formatted in current industry standard software
including AutoCAD 2000, Microsoft Office 97, Microsoft Excel 97 or mutually acceptable
higher versions.
The City will provide traffic control for potholing operations. A two week notice is required
to coordinate this work. The City may perform supplemental surveying, however, Sear
Brown may be requested to complete this task subject to the City's availability.
Basic Services
Project Management, Meetings and Design Coordination
This effort will generally include preparing monthly project updates to the City Engineering
Project Manager along with monthly invoicing. It is also anticipated that a team progress
meeting will be held monthly usually requiring the attendance of the project team members. We
also expect that individual members of the design team will need to attend or assist with
additional smaller meetings with City Engineering staff and meetings with the Natural Resources
Department and Board, the Growth Management Lead Team, the Planning and Zoning Board,
the Art in Public Places Board, the Transportation Board, and City Council. Two open houses
are planned with Sear Brown's attendance as well as individual property owner meetings and
utility meetings. This scope of work also includes attendance and assistance of necessary team
members at a pre -bid meeting and bid opening.
Initial Open House
This is the first of two scheduled open houses and will present the recommended alternative to
the general public. This first open house, to be held over two consecutive nights, will identify the
project, outline the objectives, present preliminary engineering issues, and detail the preferred
alternative to the public.
The open house will be advertised in the following ways:
A project World Wide Web site will be established within the City's web site at the
beginning of this phase and will include an overall advertisement for the open house. The
consultant team will create the web site materials while City staff will do the update and
posting of material.
An invitation / flyer / mailer will be created by the consultant team and provided to the City
for review, comment, approval and mailing. The flyer will be produced, folded, addressed
and mailed by the City.
Page 3 of 10