HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - CONTRACT - RFP - P942 US 287 S COLLEGE BICYCLE LANES PROJECTPROFESSIONAL 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 Felsburg Holt & Ullevig, hereinafter referred to as "Professional".
WITNESSETH:
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 ten (10) 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 upon signing of this Agreement.
Services shall be completed no later than December 31, 2005. 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:
Meetings: Task Force Meetings — Three (3) meetings
Deliverables: Vision Plan on the aerial photo
Task 4 Prioritization of Construction Phases
The FHU Team will assist the City and CDOT in prioritizing elements of the Vision Plan into
construction phases that match the available construction budgets. The following steps will be
used to create a prioritized set of design projects:
• Develop conceptual opinions of probable cost for construction elements. The quantities
will be carefully documented as to limits and location of quantity items.
• Determine logical points to segregate the work — by segment, by type of work, by
direction of travel, or other method.
• Create construction phases — make logical divisions in the work based on bike lane
continuity, developer participation, and potential construction costs. FHU will prepare up
to three (3) scenarios with cost breakdowns for the phases in each scenario.
• Evaluate and create a prioritized list of phases to define the construction project.
Meetings: Task Force Meetings — Two (2) meetings
Deliverables: Prioritization Phasing, Conceptual Opinions of Probable Cost
Task 5 Conceptual Plan Document Production
Using the Vision Plan, the prioritized project phases and budget information, the FHU Team will
assist the City and CDOT with packaging the elements of the first construction project.
Following the Construction Project Decision, FHU will prepare a Conceptual Plan Report that
contains the following:
• Project Goals and Objectives
• Critical Issues, Constraints, and Opportunities
• Conceptual Design Process
• Vision Plan
• Prioritization Process and Results
• Construction Project Decision and Future Projects
This report will serve as documentation for the project and will provide the design information for
future construction projects throughout the corridor.
Deliverables: Construction Project Limits and Elements, Conceptual Plan Report (10 copies)
Task 6 Public Involvement Support System
The following represents a Public Involvement Program that engages the public and
stakeholders, but also matches the project scope and budget:
• Project Announcements - Formally announce the project and key milestones through a
mailing or newsletter and through the newspaper. We will prepare up to three (3) project
announcements. The first will announce the project; the second will provide information
regarding the outcome of the Draft Vision Plan Open House; and the third will provide
10
information about the construction project. Important information that will be included is
a definition of the project limits, objectives, contact information, design and construction
timelines, and approximate Open House schedules.
• Public Open Houses — Organize and conduct up to three (3) Open Houses to present
and obtain feedback on the design. The open houses will be organized in an informal
meet and greet format and will not include formal presentations. Project displays will be
prepared and set up around the room for the public to review and project team members
will be available for questions and comments. The first open house will be in late
August/early September as an introduction to the project and an opportunity to gather
pre -design input on the corridor from the users and adjacent property owners. The
second open house will be held in late October to present the Draft Vision Plan and
gather feedback. The third open house will be held in January and would present how
public input was addressed in the final Vision Plan, prioritized construction phases, limits
and elements of the first construction project, and the schedule for final design and
construction.
• Website Support — Provide support to post project information on the City's website.
This could include open house graphics, project announcements, and contact
information.
Attendance at meetings for City advisory boards, such as City Council, Transportation Board,
Planning and Zoning Board, etc, is not included in this scope of work. Presentation materials
will be provided as needed, but the City will conduct presentations at these meetings. The City
will also build and manage the stakeholder data base for project mailings.
Meetings: Public Open Houses - Three (3) meetings
Deliverables: Project Announcements, Graphics for Public Meetings
Task 7 Supplemental Data Collection
Once the limits of the construction project have been determined, supplemental data collection
will be completed. City forces will complete a field survey for the project, obtaining topographic
and planimetric data. The City will provide the information necessary to adjust the conceptual
design and aerial photograph to match the field survey coordinate system, including any
translation, rotation, and scaling factors. FHU will assist the City to define important elements to
develop accurate mapping for preliminary and final design. Invert and rim elevations, size and
material of pipes and definition of the pipe system connections will need to be collected for
impacted drainage structures that are identified during the Conceptual Design. Other survey
needs may be requested from the City as the project progresses and further impacts are
defined. FHU will provide services to reduce the survey to AutoCAD format and create a digital
terrain model (dtm). In turn, the product will be returned to the City Surveyor for field verification
and an accuracy test of the data.
FHU will collect existing right-of-way (R.O.W.) information from the City survey staff. We expect
that the surveyors will collect property corners or other R.O.W. monumentation at the time the
survey is performed. It is assumed that the City will provide this information to FHU in an
AutoCAD format.
The conceptual existing utility base file will be updated to match surveyed utility locates and
planimetrics such as manholes, valves, etc.
Deliverables: AutoCAD database including survey and updated utilities
11
Task 8 Preliminary Engineering
The FHU Team will develop a set of 40% complete preliminary design plans according to CDOT
standards reflecting the "Construction Project Decision" plan. We have assumed that a one
mile section will be carried forward into preliminary design. Formal design will begin, right-of-
way requirements will be finalized, and utility impacts will be identified. At this point the aerial
background will be replaced by planimetrics from the digital mapping and supplemental field
survey. The following specific scope items are anticipated:
• Horizontal and vertical geometry will be established for widening sections along the
flowline of curb and gutter. Typical section elements will be added to establish full
impact widths.
• Intersection layouts will be developed that reflect definition of through lanes, turning
lanes, bicycle lanes, and medians necessary for operation of the intersections.
• A three dimensional model will be developed at widening sections, using the Inroads
package of software, that will facilitate production of cross -sections, grading, and
earthwork volume determination.
• Slope limits will be defined and right-of-way limits identified. This information will be
provided to the project surveyor to allow final right-of-way plans to be prepared and
approved by CDOT to allow acquisition of right-of-way and construction easements to
begin.
• Impacts to existing drainage facilities will be identified and plans will be produced to
define necessary drainage modifications. We have assumed that the existing storm
sewer system has been designed to meet the appropriate drainage requirements and
that the system will be adequate for any minor widening. No further hydrology and
hydraulic analysis will be performed as a part of this project and a drainage report will
not be produced.
• Preliminary grading and erosion control plans will be developed for necessary sections.
• Impacts to existing utilities will be defined and a mitigation plan established. Plans will be
provided to the individual utility companies and a utility coordination meeting will be held
to further discuss impacts and timeliness for mitigation. We have assumed that
potholing will not be necessary to complete the design.
• Preliminary signing and striping plans will be prepared.
• Preliminary traffic signal design plans will be developed including modifications to
existing signals and potential addition of bicycle signals. We have assumed that three
signalized intersections will require signal design.
• Preliminary construction phasing plans will be developed. The purpose of these plans is
to identify a feasible method to construct the project within the project limits.
• We have assumed that there will not be any structures impacted by the project and that
structural design efforts will not be required.
• Geotechnical investigations will not be completed. CDOT will provide pavement
recommendations for the project based on roadway sections that have previously been
constructed along US 287.
• Preliminary quantities for all proposed work will be calculated and the Opinion of
Probable Cost from conceptual design will be updated and enhanced to include
miscellaneous costs.
• Twenty (20) half sized plans will be submitted to the City and CDOT for review. A Field
Inspection Review (FIR) meeting will be held with the City and CDOT to discuss
comments.
12
Meetings: Preliminary Design Progress Meetings —Three (3) meetings
FIR Meeting — One (1) meeting
Utility Meeting - One (1) meeting
Deliverables: Preliminary Plan Set, Preliminary Opinion of Probable Cost, R.O.W.
Requirements
Task 9 Final Engineering
The FHU Team will make modifications to the plans identified at the FIR and finalize the design
elements of the project. FHU will prepare final engineering plans and specifications to a CDOT
Final Office Review (FOR) (95%) level. The following specific scope items are anticipated:
• Horizontal and vertical alignments will be refined to geometrically define roadway
widening sections.
• Intersection layouts will be finalized to reflect horizontal and vertical geometrics.
• Necessary construction details will be prepared.
• The three dimensional model will be finalized at widening sections, using the Inroads
package of software, that will facilitate production of cross -sections, grading, and
earthwork volume determination.
• Drainage plans, profiles, details, and quantity tabulations will be produced for required
drainage system modifications.
• Grading and erosion control plans will be produced that display proposed contours,
identifies any locations of erosion control devices, quantifies the amount of materials,
and details materials and placement techniques.
• FHU will design utility mitigation measures and coordinate with individual utility
companies. Clearances from affected utilities will be obtained and the Utility Clearance
will be obtained from CDOT.
• Signing and striping design will be finalized complementing the Manual on Uniform
Traffic Control Devices (MUTCD) and the City of Fort Collins Standards.
• Traffic signal design for three intersections will be finalized based upon the City of Fort
Collins Standards.
• Final construction phasing plans will be developed. Construction traffic control plans will
be produced.
• Quantities will be calculated and tabulations will be prepared.
• FHU will prepare final plans according to CDOT standards to a FOR (95%) level that
depict the design as discussed above. The following plan sheets are anticipated:
Title Sheet
Roadway Plan Sheets
Standard Plans List
Roadway Profile Sheets
Typical Sections
Drainage Plans & Profiles
General Notes
Grading & Erosion Control Plans
Summary of Approximate Quantities
Utility Plans
Survey Control Diagram
Signing and Striping Plans
Quantity Tabulations
Traffic Signal Plans
Miscellaneous Details
Construction Phasing & Traffic
Intersection Detail Sheets
Control Plans
Removal Plan Sheets
Cross -Sections
• FHU will develop project specifications that discuss methods, materials, and
requirements as related to elements of this project. We anticipate supplementing City of
13
Fort Collins Specifications and CDOT's Standard Specifications for Road and Bridge
Construction, 1999. In addition, we will assist the City with preparation of the General
and Special Conditions sections that are unique to the City and your contract conditions.
• FHU will develop an opinion of probable cost for construction of all the improvements.
• Twenty (20) half -sized plan sets will be submitted to the City and CDOT for final review.
A FOR meeting will be held with the City and CDOT to discuss comments.
• FHU will incorporate final comments from the FOR and provide 100% plans ready for
advertisement.
• Bid assistance — The City of Fort Collins will advertise the contract and coordinate the
bid with contractors and agencies. FHU will attend a pre -bid meeting, assist with bid
addenda, review bids, and provide recommendations for contractor selection.
• After the contract has been awarded to a contractor, FHU will prepare a construction
plan set and a set of construction project specifications.
Meetings: Final Design Progress Meetings - Two (2) meetings
FOR Meeting — One (1) meeting
Pre -bid Meeting - One (1) meeting
Deliverables: Final Review Plans, Final Review Specifications, Opinion of Probable Costs,
Utility Clearance, Final Plans for Advertisement (half size originals and electronic
files), Project Specifications for Advertisement (hard copy and electronic file),
Recommendation of a Bid and Contractor, Final Plans for Construction: City -
One full size (22"x34") mylar-signed and sealed, one half size (11"xl7") bond,
and electronic files, CDOT- 7 half size (11"xl7") bond and one 8.5"X14"-signed
and sealed ,Project Specifications for Construction (One hard copy and
electronic file)
Task 10 Right -of -Way Acquisition
The FHU Team will assist the City and CDOT in finalizing Right -Of -Way plans to obtain the
R.O.W. clearance. The following tasks will be completed:
• As a part of preliminary design, slope limits will be defined and right-of-way/easement
needs will be identified.
• FHU will provide drafting services for the production of the right-of-way plans in a CDOT
format. The City will be responsible for providing the information to be included in the
plans and preparing legal descriptions.
• Obtain Right -of -Way Clearance from CDOT.
• Prepare R.O.W. mitigation exhibits that graphically represent the work to be performed
at each property. The City will use these as tools to facilitate discussions and
negotiations. We have anticipated two iterations for each of twenty (20) separate
properties.
The City and CDOT will complete right-of-way negotiations with the property owners and report
any necessary design changes to FHU to be included in the plans.
Deliverables: Drafted right-of-way plans in CDOT format, Right -of -Way Clearance,
Property mitigation plans
14
Task 11 Reviews and Meetings
Regular progress meetings will be held throughout conceptual design with a small Task Force
comprised of City, CDOT, a cycling representative, and consultant representatives to present
design ideas and to brainstorm solutions in constrained areas. The Task Force will be
responsible for making the decisions that will finalize the Vision Plan for the entire corridor and
develop and prioritize construction phases. Regular progress meetings will continue through
preliminary and final design with appropriate representatives from the City and CDOT to
determine the details necessary to prepare construction documents.
We have assumed that the City will provide a Notice to Proceed by early August, 2004 with
advertisement in June, 2005. The conceptual design report will be submitted in December; FIR
plans will be submitted in late February; FOR plans will be submitted in late April. Coordination
is anticipated throughout the process. The following meetings are programmed:
• Kick -Off Meeting — The FHU Team will attend an initial project kick-off meeting with City
and CDOT staffs to discuss project goals, constraints and opportunities, work tasks,
technical approaches, and work products prior to implementation.
• Task Force Meetings — The FHU Team will attend Task Force meetings with City and
CDOT staff once per month to discuss the conceptual design, schedule, and to establish
goals for the next period. Five (5) meetings are programmed for conceptual design and
prioritization.
• Public Open Houses — The FHU Team will organize and conduct three (3) public open
houses to present the project and gather public input on the design.
• Preliminary/Final Design Progress Meetings — FHU will attend monthly progress
meetings with City and CDOT staff to discuss the preliminary and final project design,
schedule, and to establish goals for the next period. Five (5) meetings are programmed.
• Formal Plan Review Meetings - FHU will attend a FIR meeting at the end of preliminary
design and a FOR meeting at the end of final design with the City and CDOT to discuss
the design and construction documents. FHU will collect and incorporate or respond to
comments. Two (2) meetings are programmed.
• Utility Meeting - FHU will attend an informal utility meeting to discuss design impacts to
their facilities, and to discuss utility service needs for the site. One (1) meeting is
programmed.
Deliverables: Meeting Minutes and Necessary Graphics and Staff Support for the Meetings
15
Task 12 Construction Assistance
Construction services are not added as a part of this scope of work. However, at the City's
discretion, these services could be provided as a contract amendment. We would commit to
providing these services at the billing rates listed below:
Principal11
$150.00/hour
Principal
$135.00/hour
Associate
$120.00/hour
Sr. Engineer
$110.00/hour
Engineer V
$100.00/hour
Engineer IV
$ 95.00/hour
Engineer III
$ 85.00/hour
Engineer II
$ 80.00/hour
Engineer
$ 75.00/hour
Senior Designer
$ 90.00/hour
Designer IV
$ 80.00/hour
Designer III
$ 70.00/hour
Designer II
$ 65.00/hour
Designer 1
$ 60.00/hour
Administrative
$ 60.00/hour
16
US 287/SOUTH COLLEGE AVENUE BICYCLE LANE PROJECT
EXHIBIT 8 FEE PROPOSAL
TASK
PRINCIPAL
I
DPB
$ 135.00
SENIOR
ENGINEER
RRF
$ 110.00
ENGINEER
II
MRH
$ 80.00
ASSOCIATE
ELL
$ 120.00
ENGINEER
II
KKN
$ 80.00
ENGINEER
II
CDT
$ 80.00
ENGINEER
II
TF
$ 80,00
SENIOR
DESIGNER
JC
$ 90.00
DESIGNER
II
JH
$ 65.00
CLERICAL
CG
$ 60.00
FHU COST
FEHR&
PEERS
CITY VISIONS
LUND
PARTNERSHIF
TOTAL COST
1. Pro act Initiation
1.1 Design Cntena
1
1
4
4
885.00
$ 885.00
1,2 Pm ect Team Contact List
2
1
220.00
$ 220.00
1.3 Pm ect Schedule
1
3
1
$ 440.00
$ 440.00
1.4 Mission Statement
1
4
$ 430.00
$ 430.00
TASK 1 SUBTOTAL
1
3
13
0
1 4
0
1 0
1 1
0
1 1
$ 1,975.00
I $
$
$ 1,975.00
2. Data Collection for Conce Wal Design 3 Mile Corridor
2.1 Called GIS Data
4
16
1,360.00
7 360.00
2.2 Collect Traffic Data
4
440 00
440.00
2.3 Collect Condor Data
2
160.00
160.00
2.4 Collect CityfPfiyaW Utility Data and Create Utility database
2
130.00
2,340,00
2 470.00
TASK 2 SUBTOTAL
0
4
6
0
0
0
0
0
18
0
$ 2,090.00
$
E
$ 2.340.00
$ 4,430.00
3. ConcelI Design 3 bfile Condor
3A Bipyole Lane TreaMents for General Applications
2
4
16
32
8
5270.00
S 2950,00
S 8220.00
3.2 Bic le Lane Dee' n-Draft Vision Plan
2
4
24
60
$ 7,430.00
$ 2,950.00
10 380.00
3.3 Finalize Vision Plan
16
24
$ 3 200,00
3200.00
TASK 3 SUBTOTAL
4
8
56
0
116
.0
0
8
0
0
$ 15 900.00
$ 5,900,00
$
$
$ 21.800.00
4. Pnoritizaton of Contt iAon Phases
4.1 Conce Wal Opinion of Pmbable Coat 3 Mile Corridor
1
4
20
8
8
12
4 115.00
4 115.00
4.2 Determine How m S ata Into Phases
4.3 Create Censunictbn Phases f3 Scenarios with Costal
2
2
4
4
20
4
40
16
$ 860.00
6 550.00
860,00
6,550.00
4.4 Evaluate and Prioritize Phases
2
4
8
$ 1.350.00
$ 1 350,00
TASK 4 SUBTOTAL
5
10
36
0
64
8
8
0
28
0
$ 12,875.00
$
$
$
$ 12,875.00
5. Construction Pm'ed Decision
5.1 Conce Wal Design R rt
2
8
60
8
8
40
4
10150.00
$ 10150,00
TASK 5 SUBTOTAL
2
8
60
0
e
0
0
8
40
4
$ 10,150.00
$
$
$
$ 10.150.00
6. Public Involvement Su rt S dean
6.1 ProAnnouncements 3
6.2 Public Open Houses 3
6.3 WebOutneae a rt
6.4 Outreach and Followu
6
12
6
24
6
24
9
12
480.00
7 580.00
$ 480.00
-
$ 2 000.00
3 600.00
S 1200M
S BMW
$ 2 480.00
$ 11 180.00
1680.00
$ 800.00
TASKS SUBTOTAL
6
12
36
0
24
0
0
9
12
0
$ 8.520.00
$
$ 7,600.00
$
$ 16,120.00
7. Su le rimtal Date Collection (SurveyB CityForces
7.1 Sury AssistancerCom atibili
T2 Create Existing DTM
T3 U81 Database
4
4
40
1
16
2
$ 720.00
$ 4,240.00
130.00
1 520.00
$ 720.00
$ 4 240.00
S 1 650.00
TASK 7 SUBTOTAL
0
0
4
0
44
1
0
0
18
0
$ 5,090.00
$ -
$
$ 1.520,00
$ 6,610.00
EXHIBIT C
ATTENTION CONSULTANTS - NOTICE
In February, 1999 the U. S. Department of Transportation (USDOT) revised its Title 49, Code
of Federal Regulations, Parts 23 and 26, concerning its continuing requirement that all States
implement a Disadvantaged Business Enterprise (DBE) Program for all federally -funded
contracts. That federal requirement applies to all section 24-30-1401, C.R.S., federally -funded
professional services consultant agreements executed by CDOT.
In response to that federal regulation, in June, 2001 the Colorado Transportation Commission
adopted Resolution No. 966. Among other things, Resolution No. 966 established a new DBE
goal setting process for professional services consultant contracts, in order to more narrowly
tailor CDOT's DBE program to conform with the results of the 2000 Statewide Disparity Study.
That Disparity Study found that all DBEs will be considered to be UDBEs.
Accordingly, CDOT will now set individual project goals on consultant contracts for all UDBE
professional services consultants/subconsultants, based upon the type of work included in
each project and the availability of UDBEs capable of performing such work. CDOT will use a
consultant's proposed use of UDBE participation in the project work as an evaluation criterion
in the selection of a consultant for the project.
Project specific DBE goals will be set by the appropriate Regional EEO Representative or
Headquarters DBE Program Manager, using a process similar to the one currently used to
establish DBE goals for UDBEs on highway construction projects.
As a result, all CDOT professional services projects advertised after June, 2001 shall contain
individual project UDBE goals conforming to Resolution No. 966, and each selected consultant
shall be required by CDOT's project contract to provide the UDBE participation contained in its
proposal. Please refer to the section in the Statement of Interest package that describes the
new DBE goals and requirements.
III
October 26, 1999
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
1. Definitions and Procedures - For this project, the following terms are defined:
A. Disadvantaged Business Enterprise (UDBE). A small business concern that is certified
as being:
1. At least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the
stock of which is owned by one or more socially and economically disadvantaged
individuals; and
2. Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it.
3. "Socially and Economically Disadvantaged individuals" means those individuals who
are citizens or lawfully admitted permanent residents of the United States and who
are:
(a) Minorities or individuals found by the Small Business Administration pursuant to
Section 8(a) of the Small Business Act to be disadvantaged.
(b) Individuals found by the Office of Certification at the Department of Regulatory
Agencies to be socially and economically disadvantaged.
B. UDBE Joint Venture. An association of two or more businesses formed to
carry out a single business enterprise for profit for which purposes they
combine their property, capital, efforts, skills and knowledge. UDBE joint
ventures must be certified as a joint venture. The UDBE percentage of the
joint venture will be determined at the time of certification.
C. Underutilized UDBE (UDBE). A firm which meets the definition of Underutilized
Disadvantaged Business Enterprise (UDBE) based on the findings and
recommendations of CDOT's Disparity Study concerning consultants on CDOT projects
and is eligible to meet the contract goal as defined in the paragraph titled "Contract
Goal." The Colorado Transportation Commission adopted Resolution No. 966 and set
a 10.93% overall annual goal for the remainder of FFY 2001 and for FFY 2002.
D. Contract Goal. The goal for UDBE participation that the Department determines should
appropriately be met by the selected consultant, based on the type of work included in
each project and the availability of UDBEs capable of performing such work. The
Contract goal will be the percentage stated in the invitation for consultant services and
in the project documents.
E. Certification as a UDBE by the Department
Any small business may apply to the Department of Regulatory Agencies (DORA)
for status as a UDBE. Application shall be made on forms provided by the DORA
for certification of UDBEs. However, only work contracted or subcontracted to
UDBEs that also qualify as UDBEs and independently performed by UDBEs shall
be considered toward contract goals as established elsewhere in these
specifications.
3
Professional:
City:
With Copy to:
Felsburg Holt & Ullevig
City of Fort Collins, Purchasing
City of Fort Collins
6300 South Syracuse Way
P.O. Box 580
Transportation Planning
Suite 600
Ft. Collins, CO 80522
P.O. Box 580
Centennial, CO 80111
Attn: John Stephen
Ft. Collins, CO 80522
Attn: Dean Bradley
Attn: Kathleen Reavis
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 o Ofb Ott .
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:
2
2. It shall be the UDBE applicant's responsibility to submit applications so that the
DORA has sufficient time to render decisions. The DORA will review applications in
a timely manner but is not committed to render decisions about a firm's UDBE
status within any given period of time.
3. The Department will prepare, publish or make available from time to time a list of
UDBE contractors, consultants, vendors and suppliers for the purpose of providing
a reference source to assist any consultant in identifying UDBEs and UDBEs.
Consultants will be solely responsible for verifying the Certification of UDBEs they
intend to use prior to submitting a Statement of Interest (SOL) The Business
Programs Office in the Center for Equal Opportunity will maintain a current list of
eligible UDBEs. The UDBE list is also available at:
http://www.dot.state.co.us/business/design/consuItantm
_qt/
2. Selection of UDBEs by Consultant:
A. Consultants shall exercise their own judgments in selecting any subconsultant to
perform any portion of the work.
3. Requirements
A. The use of UDBEs is an evaluation factor for cosultant selection under Section 24-30-
1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of
their UDBE subconsultants to meet the contract goal.
B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the
Consultant shall also submit the names of those UDBEs. However, the non-UDBEs will
not be used to meet the UDBE goal for the project.
C. Evaluation points will be awarded for UDBE participation during the Statement of
Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE
participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE
participation to meet the project goal, they may be awarded from 0 to 4 points, based
on the amount of UDBE participation they submit.
D. The selected consultant must use the UDBE firms named (if any) in the Statement of
Interest for the items of work described. The replacement of a named UDBE firm will
be allowed only as provided for in (6) of the UDBE Definitions and Requirements.
Failure to comply may constitute grounds for default and termination of the Contract.
E. Consultant's UDBE Obligation.
The Consultant submitting a Statement of Interest and a Work Plan on consultant
projects advertised by the Department agrees to ensure that UDBEs, as defined in
this special provision, have the maximum opportunity to participate in the
performance of contracts or subcontracts. The prime Consultant shall not
discriminate on the basis of race, color, national origin, or sex in the selection and
bidding process or the performance of contracts.
2. To ensure that UDBEs are offered maximum opportunity to participate in the
performance of contracts, it is the responsibility of the prime Consultant to offer and
to provide assistance to UDBEs related to the UDBE performance of the
subcontract. However, the UDBE must independently perform a commercially
useful function on the project, as described in F(4) below.
F. Counting UDBE Participation Toward Goals
1. Once a firm has been certified as a UDBE, the total dollar amount of the contract
awarded to the firm shall be counted toward the contract goal as explained below,
and as modified for the project in the project special provisions titled "Contract
Goal."
2. The actual dollar total of a proposed subcontract, supply or service contract with
any UDBE firm shall be reported to the Department in the Consultant's Cost
Proposal.
3. The eligibility of a proposed UDBE subconsultant will be finally established based
on the firm's status at the time the contract is signed. If a firm becomes certified as
a UDBE during performance under a fully executed contract with CDOT but prior to
the UDBE performing any work, then 100% of the work performed by the firm under
that contract may be claimed as eligible work. No work performed by a UDBE firm
can be counted toward UDBE participation prior to the firm receiving certification as
a UDBE.
4. The Consultant may count toward its contract goal only that percentage of
expenditures to UDBEs which independently perform a commercially useful function
in the work of a contract. A UDBE is considered to be performing a commercially
useful function by actually performing, managing, and supervising the work
involved. To determine whether a UDBE is performing a commercially useful
function, the Department will evaluate the amount of work subcontracted, work
performed solely by the UDBE, industry practices, and other relevant factors.
5. A UDBE may enter into subcontracts consistent with normal industry practices. If a
UDBE subcontracts over 51% of the work of the Contract the UDBE shall be
presumed not to be performing a commercially useful function. The UDBE may
present evidence to rebut this presumption to the Department.
6. The Consultant may count toward its contract goal the percentage of expenditures
for materials and supplies obtained from UDBE suppliers (regular dealers) and
manufacturers specifically for use on the project, provided that the UDBEs assume
the actual and contractual responsibility for and actually provide the materials and
supplies.
a. The Consultant may count 100 percent of its expenditures to an UDBE
manufacturer if the purchased items are to be used on the project. A UDBE
manufacturer is a certified firm that operates or maintains a factory or
establishment that produces on the premises the materials or supplies obtained
by the Consultant.
b. The Consultant may count 60 percent of its expenditures to UDBE suppliers that
are not manufacturers, provided that the UDBE supplier performs a
commercially useful function in the supply process. A supplier is a certified firm
that owns, operates, or maintains a store, warehouse, or other establishment in
which the materials or supplies required for the performance of the Contract are
bought, kept in stock, and regularly sold to the public in the usual course of
business. To be a supplier the firm must engage in, as its principal business
and in its own name, the purchase and sale of the products in question. A
supplier in such bulk items as steel, cement, gravel, stone, and petroleum
products need not keep such products in stock, if it owns or operates distribution
equipment. Brokers and packagers shall not be regarded as manufacturers or
suppliers within the meaning of this section.
10
c. The Consultant may count toward its UDBE goal the following expenditures to
UDBE firms that are not manufacturers or suppliers:
The fees or commissions charged for providing a bona fide service, such as
professional, technical, consultant or managerial services and assistance in
the procurement of essential personnel, facilities, equipment, materials or
supplies required for performance of the Contract, provided that the fee or
commission is determined by the Department to be reasonable and not
excessive as compared with fees customarily allowed for similar services.
2. The fees charged for delivery of materials and supplies required to a job site
(but not the cost of the materials and supplies themselves) when the hauler,
trucker, or delivery service is not also the manufacturer of or a supplier of
the materials and supplies, provided that the fee is determined by the
Department to be reasonable and not excessive as compared with fees
customarily allowed for similar services.
3. The fees or commissions charged for providing any bonds or insurance
specifically required for the performance of the Contract, provided that the
fee or commission is determined by the Department to be reasonable and
not excessive as compared with fees customarily allowed for similar
services..
5. Determination of goal achievement
To determine the goals achieved under this Contract, the UDBE participation shall be
divided by the original prime Contract amount and multiplied by 100 to determine the
percentage of performance. The Consultant shall maintain records of payment that show
amounts paid to all UDBEs and UDBEs. Upon completion of the project, the Consultant
shall submit a list of all UDBEs (both UDBEs and other UDBEs) that participated in this
Contract, the subcontract tier number of each, and the dollar amount paid to each. The
Consultant shall certify the amount paid, which may be audited by the Department. When
the participation by UDBEs is less than the Consultant committed to the Department, the
Consultant shall submit a statement to CDOT that indicates the amount of participation and
gives reasons why it was different from the Consultant's commitment.
6. Replacement of UDBEs used to meet the contract goal
A. Based upon a showing of good cause the Consultant may request that a UDBE named
in the Consultant's Statement of Interest be replaced with another UDBE pursuant to
the terms and conditions of this special provision. Replacements will be allowed only
with prior written approval of the Department.
B. If a replacement is to be requested prior to the time that the named UDBE has begun to
effectively prosecute the work under a fully executed subcontract, the Consultant shall
furnish to the Department the following:
1. Written permission of the named UDBE. Written permission may be waived only if
such permission cannot be obtained for reasons beyond the control of the
Consultant.
2. A full written disclosure of the circumstances making it impossible for the Consultant
to comply with the condition of award.
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3. Documentation of the Consultant's assistance to the UDBE named in the
Consultant's Statement of Interest.
4. Copies of any pertinent correspondence and documented verbal communications
between the Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the
results of the efforts. It is within the control of the Consultant to locate, prior to
award, UDBEs that offer reasonable prices and that could reasonably be expected
to perform the work. For this reason, increased cost shall not, by itself, be
considered sufficient reason for not providing an in -kind replacement.
C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily
complete performance of the work, the Consultant shall furnish to the Department the
following:
1. Documentation that the subject UDBE did not perform in a satisfactory manner.
2. Documentation of the Consultant's assistance to the UDBE prior to finding the
UDBE in default.
3. A copy of the certified letter finding the UDBE to be in default or a letter from the
UDBE stating that it cannot complete the work and it is turning the work back to the
Consultant.
4. Copy of the contract between the Consultant and the UDBE, plus any modifications
thereto.
7. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with the maximum
opportunity to participate in the performance of the work.
B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully
consistent with the intent of the UDBE program, and in substantial compliance with the
terms and conditions of these UDBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function as described in
subsection 4(E) of these UDBE definitions and requirements or operate in a manner
which is not consistent with the intent of the UDBE program may be subject to
revocation of certification.
D. A finding by the Department that the Consultant has failed to comply with the terms and
conditions of these UDBE definitions and requirements may constitute sufficient
grounds for default and termination of the Contract.
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ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (Common Rule), at 49 Code of
Federal Regulations, Part 18, except to the extent that other applicable federal
requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are
more specific than provisions of Part 18 and therefore supersede such Part
18 provisions. The requirements of 49 CFR 18 include, without limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures,
as required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of
changes to any subcontracts in the manner, and to the extent required by,
applicable provisions of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any
subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or
other authorized representative, shall also submit a letter to CDOT certifying
Local Agency/Contractor compliance with section 18.30 change order
procedures, and with 18.36(d) procurement procedures, and with 18.37
subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(i) (which are also deemed incorporated herein) into any
subcontract(s) for such services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR Chapter 60) (All
construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department
of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction
or repair).
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of
Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000
awarded by grantees and subgrantees when required by Federal grant program
legislation. This act requires that all laborers and mechanics employed by
contractors or sub -contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of
the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR
Part 5). (Construction contracts awarded by grantees and subgrantees in excess
13
of $2,000, and in excess of $2,500 for other contracts which involve the
employment of mechanics or laborers).
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act
(42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368).
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
Part 15) (contracts, subcontracts, and subgrants of amounts in excess of
$100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-
110, whichever is applicable.
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state that federal funds cannot be used for partisan political purposes of
any kind by any person or organization involved in the administration of federally -
assisted programs.
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation,
45 C.F.R. Part 80 et. seq.. These acts require that no person shall, on the grounds
of race, color, national origin, age, or handicap, be excluded from participation in or
be subjected to discrimination in any program or activity funded, in whole or part,
by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102,
12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-
12213 47 USC 225 and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as
amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-
256). (If the contractor is acquiring real property and displacing households or
businesses in the performance of this contract.)
M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701
et seg.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its
implementing regulation, 45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and
implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related
Contracts".
P. 23 C.F.R Part 633, concerning 'Required Contract Provisions for Federal -Aid
Construction Contracts".
14
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions' .
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of
1973. The requirements for which are shown in the Nondiscrimination Provisions,
which are attached hereto and made a part hereof.
15
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and
successors in interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations of
the Department of Transportation relative to nondiscrimination in Federally assisted
programs of the Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after
award and prior to completion of the contract work, will not discriminate on the
ground of race, color, sex, mental or physical handicap or national origin in the
selection and retention of Subcontractors, including procurement of materials and
leases of equipment. The Contractor will not participate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix C
of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the
Contractor for work to be performed under a subcontract, including procurement of
materials or equipment, each potential Subcontractor or supplier shall be notified
by the Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, color, sex, mental
or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information and
its facilities as may be determined by the State or the FHWA to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Contractor is in the exclusive possession of another
who fails or refuses to furnish this information, the Contractor shall so certify to the
State, or the FHWA as appropriate and shall set forth what efforts have been made
to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this contract, the State shall impose such
contract sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
1. Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or;
2. Cancellation, termination or suspension of the contract, in whole or in part.
16
F. Incorporation of Provisions. The Contractor will include the provisions of
paragraphs A through F in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Regulations, orders, or instructions
issued pursuant thereto. The Contractor will take such action with respect to any
subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event the Contractor becomes involved in, or is threatened
with, litigation with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to protect the interest
of the State and in addition, the Contractor may request the FHWA to enter into
such litigation to protect the interests of the United States.
17
ATTACHMENT LO
Certification for Federal -Aid Contracts
The contractor certifies, by signing this contract, to the best of its knowledge and belief,
that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf or
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or of Congress, or
an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The prospective participant also agree by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
Required by 23 CFR 635.112
[E:
Hourly billing rates:
Principal11
$150.00/hour
Principal
$135.00/hour
Associate
$120.00/hour
Sr. Engineer
$110.00/hour
Engineer V
$100.00/hour
Engineer IV
$ 95.00/hour
Engineer III
$ 85.00/hour
Engineer II
$ 80.00/hour
Engineer
$ 75.00/hour
Senior Designer
$ 90.00/hour
Designer IV
$ 80.00/hour
Designer III
$ 70.00/hour
Designer II
$ 65.00/hour
Designer 1
$ 60.00/hour
Administrative
$ 60.00/hour
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Two Hundred Nine Thousand Eight Hundred Eighty-seven Dollars ($209,887.00).
Monthly partial payments based upon the Professional's billings and itemized statements of
reimbursable direct costs are permissible. The parties acknowledge that Fehr & Peers, City
Visions, and Lund Partnership, are not parties to this agreement. However, the rates listed for
services to be provided by these subcontractors shall be the rates paid by the City to the
Professional for these services. If the amount charged by these subcontractors exceeds the
rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The
limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in
Exhibit "B" including subcontractor rates.
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.
3
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds
with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such
disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
19
J
0
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. Proiect 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.
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
M
0
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.
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.
16. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of thirteen (13)
pages, attached hereto and incorporated herein by this reference.
5
THE CITY OF FORT COLLINS, CppOLLORADO
By: ��V `L—
Jai es B. O'Neill II, CPPO, FNIGP
Di of Purchasing &Risk Management
DATE:
P
epb
A TO ORM:
Assistant City Attorney
Felsburg Holt & Ullevig
Title: Mara-'nvc' VP
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 3o�a4-
(Corporate Seal)
C7
EXHIBIT A
PROJECT DESCRIPTION
The City of Fort Collins wishes to contract with Felsburg Holt and Ullevig to design and prepare
construction documents for the US 287/South College Avenue Bicycle Lane Project. The first
stage of this project is development of a conceptual plan for the addition of bicycle lanes along
US 287/South College Avenue from Harmony Road to Carpenter Road. This plan will define
bicycle lane widths, locations, crossing treatments, right-of-way impacts, construction
impacts/elements, and signing/striping/signal treatments that will safely and efficiently integrate
a new bicycle facility on the state highway. Once a Vision Plan has been established for the
entire corridor, construction phases will be defined and prioritized based on design and budget
criteria. Preliminary and final design will then be performed to implement the first phase of
construction identified in conceptual design.
Coordination with multiple interested stakeholders will be a key element of the project. City of
Fort Collins Transportation Planning and Engineering Departments will be actively involved in
the design process and will be supported by other departments within the City as the project
progresses. CDOT will also be an active participant since the project is located on a state
highway and will be utilizing Federal Enhancement Funds administered through CDOT. In
addition, the community, including residents and business owners in the area, potential facility
users, the cycling community, and City advisory boards, will provide keen insight into the
development of the Vision Plan for the corridor.
PROJECT TEAM
Felsburg Holt & Ullevig will be the singular point of contact for this work assignment. Many
work assignments will be performed using our in-house capabilities. Where we do not have the
expertise, we have supplemented those skills with those of Fehr & Peers, City Visions, and
Lund Partnership. Individual responsibilities include:
Felsburg Holt & Ullevig - Project Management
Bicycle Lane/Roadway Design
Traffic Engineering
Signing and Striping
Signal Design
Construction Phasing and Traffic Control
Public Involvement Assistance
Construction Assistance
Fehr & Peers - Bicycle Facility Design/Expertise (Concept Level)
Construction Plan Review
City Visions - Public Involvement Program
Lund Partnership - Drainage/Erosion Control Design
Utilities
7
SCOPE OF WORK AND ANTICIPATED COSTS
3de]v�0JAMTc71
The addition of bicycle lanes along the US 287/South College Avenue corridor south of
Harmony Road will be a beneficial expansion to the City's bicycle system, especially to those
commuter cyclists at the south end of Fort Collins. The following goals are established to help
develop a plan that will provide a safe, continuous route for bicycles:
Define bicycle lane treatments that will safely integrate bicycle traffic with high-speed
vehicular traffic without reducing the efficiency of traffic flow through the corridor.
Define impacts, and mitigate these impacts, associated with constructing the bicycle facilities.
Determine right-of-way and easement requirements to implement the plans.
Inform the public and meet with adjacent property owners to work out design issues relating
to their property and access.
Implement the plans in a timely fashion with sensitivity to project budgets.
Coordinate the design with other Potentially Affected Interests including CDOT, other
City Departments, the cycling community, and City advisory boards.
Fulfillment of the above outlined outcomes will assure successful completion of the project.
Therefore, the following scope of work has been established to focus on attaining these
outcomes. It should be noted that there are some uncertainties as to project limits and needs
for the preliminary and final design and construction phases of this project. Several
assumptions have been made to develop the scope and fee. Following the conceptual design
phase, it will be necessary to review the scope to determine if the assumptions correspond to
the actual efforts that will be required to complete the preliminary and final design.
BASE SERVICES
Task 1 Proiect Initiation
Upon Notice -to -Proceed, an initial project kick-off meeting will be held with all vested City,
CDOT, and FHU Team staffs. The principal purposes for this meeting are for each involved
party to state their goals and objectives, identify known opportunities and constraints, and agree
on design guidelines for the project. In addition, the group will review work tasks, technical
approaches, and work products required to complete the project. Items to be discussed include:
• Goals and Objectives — needs and wants of City, CDOT, cyclists, motorists, adjacent
property owners, etc. that can be addressed by this project.
• Design Criteria - lane widths, accel/decel lane requirements, use of signed shared
roadway sections, bicycle treatments, etc.
• Critical Design Issues — bicycle lane interfaces at intersections, widening conflicts,
coordination with developments.
• Public Involvement Program — stakeholders, project announcements, open houses, web
page
• Design and Review Process — level of detail for existing conditions and design,
steps/tasks to define the improvements to be advanced to preliminary/final design.
This meeting shall be followed with a field visit to review existing conditions and gain the real
world perspective on the improvements. FHU will provide the City with a handout for this
meeting with project contacts, design criteria, the anticipated project schedule, and other
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pertinent information. Following the meeting, FHU will consolidate the goals and objectives
identified at the meeting into a draft project Mission Statement that can be presented to the
public for review and comment at the first public open house.
Meetings: Kick -Off Meeting
Deliverables: Design Criteria, Project Team Contact List, Project Schedule, Mission Statement
Task 2 Data Collection for Conceptual Design
The FHU Team will utilize existing City of Fort Collins GIS data as the base for the Conceptual
Design phase. FHU will complete field investigations as necessary to confirm existing
conditions that may not be clear from the GIS mapping at critical design areas. The following
information will be provided by the City to complete the Conceptual Design:
• GIS Aerial Mapping
• GIS Electronic Files- topographic, planimetric, and right-of-way maps
• Existing Traffic and Accident Data
• Corridor Planning Documents/Active Development Projects
• City Utility Key Maps
• South College ACP Mailing List
The FHU Team will also collect utility key maps from private utility companies
Deliverables: AutoCAD utility mapping and database
Task 3 Conceptual Desian
Building off the Mission Statement developed from input at the kick-off meeting and first public
meeting, the FHU Team will work with the City and CDOT to evaluate cross -sectional elements
of the bicycle lane implementation. Opportunities and constraints of differing bicycle lane
treatments will be identified and designs for crossing locations will be developed. With input
from the City, CDOT, and the public, the Team will identify treatments for the following
applications:
• Free -flow traffic sections
• Signalized intersections
• Unsignalized intersections
• Driveways with high traffic flow
• Driveways with low traffic flow
• Connections to other bicycle lanes/trails
Once treatment options are identified for general applications, site -specific conditions will be
considered and alternative design solutions will be presented for evaluation at specific locations,
as required. A Draft Vision Plan will be developed on the aerial mapping in accordance with
City and CDOT standards. The design will define bicycle lane locations, width, signing, striping,
signal improvements, and bicycle lane interfaces at intersections/driveways. Roadway widening
locations will be identified, as well as property and infrastructure impacts. The Draft Vision Plan
will be presented to the public. Based on comments from the public, the Vision Plan will be
updated and finalized.
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