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HomeMy WebLinkAbout108818 THE SEAR BROWN GROUP - CONTRACT - RFP - P816 PROSPECT ROAD IMPROVEMENTS,. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and SEAR -BROWN, a corporation, hereinafter referred to as "Professional". W ITNESSETH: 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 "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 6001in. 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 8of10 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 Engineering 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 $2189977 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 I 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 Sild SEAnBtOWN - - East Prospect Roadway Final E,di...r Senior . U = 'g TOTAL Design EnIneerin Fee Estimate svuuul Daagn Cad Tn6k Sr. cadd Technician Total Saar. Saar -Brown e [ a Ent....I sway Craw Entbw.rl D.egn•r End.r Dann ara Satary Brown won [maser coat w Sear -Brown Labor Cost $115. DO $97.Go S108.00 $72.Do 365.00 $92.00 $65.00 S45.00 Task Task Oascriptkn Gary Dale TBD Jose D. Marilee Man. Linda Jere Dawn 1000 PRE -DESIGN START-UP AND COORDMATB)N A Project Stan -UP Team eetings 1010 Project elan -up aanwig, morttYy update. .. _ 7 morahs 2 10 13 f11200 --. 1020 Kck-off modeamakil (List(CR __.. 1 1 i __. 1 _. - 1 __ 8.. - f}% .. _ i1�200 - 7030 Maintain Coded List (CAy, Agemxs. UilRies) _ _ _.. 2 _ ____:. _ _..1 .- _.. __. _._. —_ 2 __. - - S191 _._ _..-.. SAW 10!Wo Progress meetings rk sessom assume 8 __. _ _ _. - - 12 16 _ _- _. 16 16 e e TO 58,220 - - __ 56,483 3300 f194 1050 0 Update existing data ._ 4 _ _. 8.. - 4 _... ._.__ -_ __ _.. . _. _ _ _ _ _ f12,_ 3 1060 McMkgs wM1h other Agercies 4 4 Is . $1,224 _. _ - f1,224 _-_4 4 _-. 16 _ f1,584 f1,504 __.--------------- _SUBHRS TOTAL _ ..... _ —_(]._— 19 _ 37 _0 _—__ SLETOTAL S E2.185 33589 SO E2,OB6 51385 f1188 i55 5380 f10,t3t 36463 _ 3300 SO $759 f189410 B. Dept entl Agency Coordination and Standards Datamination - Corrpkled 2000 PRELIMINARY DESION A Traffic Anelyak- Cornolate '_'- --- - B. Envhonrrental Overview- eorrpkk.. - -- - _ C. Geotechmral Stady - Prelimmery Couplets- 2220 Analysis ardReporting -_Fire!Update __. _ T 2 220 Unity PtIoNngl" Coordination -.. e e f432 - - 2240 UMy Polholrtg(by sumrtrador)(2 day-@12001 day) ---- - --- — - - MAN 52,400 z 0 6 z D o"-- E230 $1W SO $432 $130 S0 SO SO itt0 SO __. ,_ SUBTOTALS Sc 53,Otp 1248B f8455 D. Design AAarnarive.- corrpkta E. Conceptual pesgn Report - catrpbte F. InBkl Open House26M -- -- - - — - - Meeting planning .. - 4 _ 8 12 __. f11, 24 -.. _ Hill 2520 Eslsbtsh Protect SAe on... Saner _... 1 - ._... 4 _ 5 $465 _- .. -.. - _ - S1,1f4 nw 2530 Ad Ope(open _ _- 1 -. 2 3 $281 - - $46E Plasetor h. 25]0 Display Materials (open Musa 2 24 6 _. - .. __. 34 f2,400 $281 ... 2540 Open louse -_ --- 6 _.... _ fi __ __. _. 6 - ._ 6 11 f1,Te4 --$2915 $J00 f2,490 E5,0% 25M lnpul _ _ - 2 2 16 _ 20 _. f1,M8 - -.. _ _. - $1.098 Team Debrief 2560 Team Debrie(meelsg w/ Cdy to Decuss Crdiral Comerm 2 f351 G. Second Open Nousa 2610 Meet rg 4 __ _ _ -._ _.. t __ f7se _.. ---- -_ -- 2610 rgedplannr on City Sane( _ 1 - 1 5 _. - $756 AdverUpdate_Pmpdwww LmSite 2820 Advertise for Open Rome _ _ _ 1 _- - -- 2 _...$INS f281 _. - SAN 2630 Depky Materek (open Igoe) 2 _ _ _ _- 16 6 24 $1,784 $281 2650 Open - .- _-..._ -.._ 6 _ - 6 - .. 6 _6_ _8 .. 24 . _ . f iTt4 _ _S2,305 - $4,099 artnaFloLs 2650 5ivnmar�Maeteg lnpM 2 2 12 f738 -.. 2860 Team Debrief meeting wl GAY to Do.CrAinl Concerns 2 1 1 4 $361 _.- $351 SUBTOTAL LMS� SIBTOTAL f51 $o - - _ f3.4B2 50 SO S3510 $5.152 $0 $two $13",4 5522o 5300 fo _ 5560 f11854 FINAL DESC`iN - A Watkntl Delimation entl Mdigewn (to frontage road) -- - 4000 Wetkntls Mitigation Pkre_ PermAs (by CAY) 2 _.. 4 _ _. t __ _ E454 $3.550 - _ Simi4010. - 0 __. 2 _ 0 ... 0 4 0 0 0 8 EO StB4 SO SO E280 SO SO f0 flbl SO f355p SLBrOTAI 5 SO S32 M Wt B. survey and 9asenapping.._ PMB 3umy 41N SLpplUpdate Ot60 Update AiAaCAD 2000 fiaee MaPpv9 2 40 u $4y514 $044 .._. _.___ _.___._ SUBTOTAL LH2s1__. 0 _ 2 __ 45_ —_ __0 0 0 SO f164 f5,1M _0 b —_ SUBTOTAL f b __ SO f0 W iS 1It fo SO ._30 1376 _-- $0.764 asoa sr's—car. Foe RUNQ a4+ I JJ SEAS RBROWN East Prospect Roadway Final Engineer 9,nior Oeelpn Cad Trartic Sr. Catltl Tecbnlcian Total Bear- Sear-arewe , j TOTAL Design EngineerinFee Estimate sbudera EaPp.rl Ba.•r crew Ergm..rl Oeagn.. anvb., or.mn9 a..r•tary arowa Nee. tam, uat Bear -Brown Labor Cast $115.00 E97.00 S10B-00 S72.00 $65D0 $92,00r S55.00 $45,W Task Task Description Gary Dale TBD Jose D. Mad.. Marina Linda J. Dawn C. Rwdwey _. 300 Proposed Roadway Plan 10 a 4310 Proposed Roatlway pro0le - 10 4 24 38 $2,911 - 4320 CormlrVdpn Plwsleg. e 8 11 f1.158 _ -. f2,118 SoRs 4330 Intersection Plan _... -. -_ 8 20 38 fI$82 f1158 Dwelop Dr a300 DewJop Drainage Phn Plan / 32 - 38. $289I 4 24 _ 28 _ _ f2.118 f2,892 4370 4360 Bridge Structuralndsap _ 120 -..- 4 _ _ _-. ___ _ ___ ____. _.. f1d,188 121 Stidge 4360 Streetscape /Landscape Design 4 a 12 f9N ____ 523.645 f14.116 4380 Iniatbn 2 2 f130 f15224 __ f24,553 _ f16.354 WaWa 4lbrtl Mtgatonplarm _ f97 4W ff CkalSMbrm i 12 _.._1 13. ... f8)r $97 "To Update -ROW 4410 update ROW Take Line Map _ 1 _ 2 3 __ f22]._ _ - _ _ f87] 6420 Uipy Wrw ... 2 ___.. __. _ f227 sueroTAL [Ijtsj_-__ 120 __-_-53 _____D - _ tzo 1a4 o ° o »r SUBTOTAL S Et3.800 551d1 f0 $B640 f8780 _ so _ f0 _ so 531341 S3B 869 __ ___ __ EO __ _ _ SO 52404 -------- _--- _ $75014 _ 0. Final Plan Set 45W Coordkwtlon of base meppkg with sWs - 16 16 f i040 4520 TiiaGen Shael 1 _.._ . 8 _ _ _ 10 -. fe89 -. 1689 45M Gemral Notes 4 1 ._ 2 _ B 15 f1,221 -- 51,221 4540 CormtrugbnPMsng Pbn 1 6 16 23 - ._ __. - K109 d540 Demoltbn Pbrm - 2 B - - 16 26 _f1�W i1,Wo .. _ ___.. $1,050 4550 Bunmary W Duartares 12 1 _ 2 16 31 $21501 - - i2,591 4560 Typical Sedlorm __. _. --. _... 2 _._ B ..._ 24 _.- _ _- _. .... 31 __ .. _._ f2A?0 - _- i�3�o 4580 Roadway PbnB ProlM1es (20 acab)- d 12 a0 -__98- i6,152 _ _ f8452 45N Drakwge Pbm __. _._ - - 2 _ _12 _._ ___.. _ — _ 94 .- 58.458 _ _ i5,158 and! Working Crass Sectgrm 4600 2 12 30 30 — 7/ f4.B5t -... - Sig mrg 4800 SgrngB Strqing --.- 2 e 20 -_ --___ __._. _.. _ S_4,fi58 _ _ . _ 4620 DetstrRat -..._ _._ 1 _._ -._.__ -. _ 20 - ._.__ 20 -..86 44 41 .._..$2,497 52,19] __.. - - S2,928 52,/97 46M 5lructval StmII _ 4630 Corlroll CormtrugabllM1y ftexew so 48 2 _ __.. -. 46 i6v E13,a6a -..$9,164 _ - St3.1u _14 16 B B 98 _ P,- 4650 Prelimiery 5 4 _-_ - d 18 4 28 St 938 51,936 final Rer%iorm to Fps 10 a 20 24 32 00 _ $B 298 46M ______. _. _. C660 Deaeopdbn Sifies -__ 20 8 _2<__. .. .._ 18 12 80 _. feats S2.000 .-„ - fa.i98 - Same 4670 Oesebp punrtglas/Opkton of Probable Cosl I Opinion 8 4 24 24 24 8/ f5916 $1.278 - _ S7,194 ____ ____ 152 --__57 __..9__ 157 326 le 326 12 10b SUBTOTAL E St]dB0 $5.528 f75 53278 SO SD f5281 Wool SO f1t 304 5211(p $1 Q2 51 ],930 f5l0 6000 CONSTRUCTION SERVICE` 0. Construction BMdsrg__. - -- Pnatn 6010 Pa -W nneea, am Restio 2 d _. 16 _.._8 12 u _-52,SN _ _ f2.5]e 6010 Aebid meMag aitl queatbrm _ __._. _.... ._.__. ..2 4 8 _.._ _. _ 18 __ $1421 _ - 51,424 Bozo BH Review z a _. 6.__.. fete __. - _. $618 SUBTOTAL HRB0— __. -_.__ __—_ -.�.6 — U ...12 -_.. 16 __ 0 .-=_...a _r�-72._ _..�__..__ ..___—_—.____._. Tolel 95 20 0 caraFa.caa. 6aa papa aaa, ., Pa"., ACORD CERTIFICATE OF LIABILITY INSURANCE CSR u DATE(MMIDD"YYY) SEARB-1 1 09 15 03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lucas & Dake Co., Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1399 Monroe Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Rochester NY 14618 Phone: 585-461-3690 Fax: 585-461-1504 INSURERS AFFORDING COVERAGE NAIC# INSURER A: BeeCMaily Ing Cc INSURER S. The Sear Brown Group Inc. 300 Meridian Centre INSURER C: Suite 250 INSURER O: Rochester NY 14623 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 ISSUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR O'L NERD I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MID=Y POLICY EXPIRATION DATE fMMX)DfYY1 LIMITS GENERAL LABILITY EACH QCCURRENCE $ PREMISES E..CC mnce S COMMERCIAL GENERAL LABILITY LIED EXP (Awry one person) S CLAMS MADE O OCCUR PERSONALSADVINIURY S GENERALAGGREGATE $ GENL AGGREGATE UMT APPLIES PER PRODUCTS-COMP/OP AGO S POLICY jE'C'T 7 LOC AUTOMOBILE LABILITY ANY AUTO COMBINED SINGLE UMM (Ea acOuerp S BODILY MXIRY (Perperson) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INAIRY (Per accident) S HIRED AUTOS NONOMEO AUTOS PROPERTYDAMAGE (Per accident) S GARAGE LABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC S ANY AUTO f " AUTO ONLY. AGG EXCESSIVMBRELLALABILITY EACH OCCURRENCE S AGGREGATE S OCCUR ❑ CLAIMS MADE S S DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LABILITY VVC STATLL OTH- TORYLWRS I I ER EL. EACH ACCIDENT S ANY PROPRETORIPARTNERAEJECUINE E.L. DISEASE -EA EMPLOYEE $ OFFDERAIEMEER S(CLUDEDT S Yee, under PRO SPECIAL SPECAL PROVISIONS btlaw I EL. DISEASE -POLICY LIMR S OTHER A Professional Liab. PL703126 01/15/01 01/15/04 Ea. Claim 5000000 Aggregate 5000000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEMCLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECAL PROVISIONS A $250,000 deductible applies to professional liability. All operations of the named insured including project #020224, E. Prospect Roadway Widening Final Design. City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 CITYFOR I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE WSANG INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SD 04ALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE MEURER. ITS ACENTS OR Oebbie Whyt_- At: Landmark Group To; Patti Towner Faxw: (585) 272.7709 Date: 9112/03 12:31 PM Page 2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCESCSR nA DATE(MLVO2rEARB-1 09 12/ 03 rA0OpCGq Landmark Group of Brighton Inc 1956 W Henrletta Road THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .Rochester BY 14623-1308 Phone: 585-272-1956 Fax:585-272-7709 INSURERS AFFORDING COVERAGE 'NsvRED INSURER OneBeacon America Insurance INSURERS ork"aacon Insurance Co an _ NSURERC American Employer's Ins, Co. The Sear -Brown Group, Inc. 300 'Meridian Centre --suite 250 Rochester NY 14618 INSURER Diamond State Insurance Co. INSURER E: COVE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOLII R EM ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLL4SIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �- _9R _, R TYPE OFFNSUNANCE POLICY NUMBER POLICYfPPBCY1Vf DATE JMMIOONYj POLICY fkPIRATION DATE ON LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A 3 CO'aYER^_IA GENERALLUeiLiT R774352 12/31/02 12/31/03 rRCDAMGe(Am enema s 300,000 C.wrs MADE �OC.VR VIED EP(Any one person) $ 10,000 PERSONL&ADVINJURY % 1,000,000 DErIERALACGREGATE $ 2,000,000 3SsrECATE LIMIT A PPLIE3 PER PRODUCTS -COMP/OP AGO S 2,000,000 OLPC! PRO- JEGT LOC AUTOMOBILS LIABILITY B _NIL C AW35041 12/31/02 12/31/03 COMONEO SINGLE LIMIT (Es PLdwO $ 1 OOO OOO cv�aED N1ros yL Cooky s „A'c0 N.ROS C (PerC,periAO) pq'.'1 g -J A'jTOq BOOZY W)VRY S $ sCm-O+nuEO -lIi05 (Per Room) PROPERTY DNMOE $ (Per 9CCISFOI) GARAGE 6IAf11ITY AUTO ONLY -EA ACCIDENT S .:ill' A:T7 �- OTHER THAN .....,........� $ NJTO ONLY AGO EXCESS LMBLITy F E.1[H OCCURRENCE $ 5 r QQQ! QQQ AGGREGATE $5,000,000 E .CCOJR CLN615 LADE WGu0000937 12/31/02 12/31/011 $ .:JED'JL'TIELE E �ETEnTCN $ S WORKERS COMPENSATION AND i TORY LMITS [R ■MPLOYORC-LMfLMY E.L.EACFAccoEw $ 1 000 000 H220997 12/31/02 12/31/03 E.L.DOEAOE•EA ELPLCYEE _ $1, DOG, OOO - EL DISEAEE-POUDY L/.'tr E 1 OOO OOO OrruR 9ISCAIP TION of OPERATION$ILOCNTIONSrVEMCLESIEXCLUSIONS ADDED BY ENDORSEMENTRSPECAL PROVISIONS Re: E Prospect ROadWAY Widening Final Desing Proj #020224. City of Fort (;011ins, CO, its officers 6 employees are included as Additional Insureds on GL ppollcy per CG2033 limited to the liability arising out of the named insured operations CERTIFICATE HOLDER LQ ADDITIONAL INSUREO; INSURER LETTER: CANCELLATION CFTC-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUNONSURERWILL NNOEAVORTOMNIL RO_DAYS WRITTeN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FNLURE TO DO SO SHALL City Of Fort Collins IMPOSE NO OBLIGATION ORUMLITY OF ANY KIND UPON THE INSURUR ITS AOENn OR PO Box 580 REPRESENTATIVES. Fort Collins CO 90522 AUTHO BENT E ..ORD 25.S (7/97) '—� ©ACORDLCORPORATION 1988 'dP"8610'0pjime Sep•12. 12:10PM NMONB-03S NIdOZ:ZI 800Z 'Zl'dac 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, Protect 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 2 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 a 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 4 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. Bindinq 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 5 THE CITY OF FORT COLLINS, COLORADO By: C-) �') I. John F.� i�bach City Manager By: Ja es B O'Neill II, CPPO, FNIGP Director o Pur asing & Risk Management DATE: o (7� vtfi."Afi� e . CtCy' Clerk AIPPRON ED AS TO FORM: Assistant City Attorney SEAR -BR WN By: CORPORATE PRESIDENT OR VICE PRESIDENT Date ATrE 1� P rp Se r tary PSA 05/01 6 (Corporate Seal) EXHIBIT A July 31, 2003 The City of Fort Collins East Prospect Road Improvements Final Design Page 1 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 • 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 Design 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 pf 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 corner 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 4 of 10