HomeMy WebLinkAbout102130 COOVER-CLARK - CONTRACT - RFP - P806 COLORADO STATE UNIVERSITY TRANSIT CENTERPROFESSIONAL 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 Coover-Clark & Associates, P.C., 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:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of five (5) 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 execution of this Agreement. Services shall be
completed no later than August 12, 2002. 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
Task 6: Design Development
Task 6.1: Design Development Plans and Specifications
provided regarding the following elements:
• Structures (excluding Phase II buildings)
• Utilities
• Vehicle areas
• Pedestrian plazas and walkways
• Landscaping
• Street Furniture
• Lighting
• Outline Specifications
Detailed design documents will be
Task 6.2: Cost Estimate. Cost estimates will be revised to current phase of design.
Task 6.3: Plat Map. The Project Team will prepare a plat document describing the subject
tract for compliance with the Fort Collins/CSU agreement. The plat map is not intended to be
filed of record as a subdivision plat.
Task 7: Construction Documents
Task 7.1: Construction Plans and Technical Specifications. A complete set of documents
ready for submittal for building permits will be developed for all elements detailed in the Design
Development Phase.
Task 7.2: Cost Estimate. The Cost Estimate will be revised to reflect the CD level of design.
Task 7.3: Weather Station. Design documents regarding the weather station relocation, if
necessary, will be provided.
Task 8: Bidding and Negotiation
Task 8.1: Bid Preparation. Bid documents, to be supplemented as necessary with
procurement specifications provided by the City of Fort Collins, will be prepared.
Task 8.2: Pre -Bid Meeting. The Project Team will attend and will be available for questions
455 Sherman .Street, Suite 205.4 Denver, Colorado 80203 ..Phone: (303) 783-0040 A Fax. (303) 783-0060
to potential contractors.
Task 8.3: Advice on Bids Received/Contract Negotiation. Work with City of Fort Collins
regarding negotiation of award to selected contractor.
Task 9: Construction Administration
Task 9.1: Site Visits and Meetings. Site visits will be scheduled to match construction
schedule regarding various components of the project and will occur no less frequently than bi-
weekly.
Task 9.2: Administration. Construction administration services will include:
• Site visits for each technical area
• Submittal review
• Pay application review
• Contractor questions regarding design intent
• Punch List and Closeout.
Task 10: Meetings
Task 10.1: Meeting Planning and Scheduling. The Project Team will schedule all planned
meetings described herein.
Task 10.2: Meeting Attendance and Recording. The following meetings will be attended by
some or all of the Project Team. The Project Team will be responsible for minutes and records
of these meetings.
• Program Review and Preliminary Site Plan Review Meeting
• Final Site Plan Meeting
• Phasing Plan/Design Development Review/Final Plat Meeting
• Construction Document Submittal Meeting
• Pre -Bid Meeting
• Contract Negotiation Meeting
• Construction Administration Meetings (Bi-weekly or as needed)
• Final Punch List
455 Sherman Street, Suite 205 4 Deaver, Colorado 80203 ..t Phone: (303) ; 834040 t Fax: (303) 78.1-0060
EXHIBIT B
STATE OF COLORADO
STATE BUILDINGS AND REAL ESTATE PROGRAMS
ARCHITECT/ENGINEER AGREEMENT STANDARD FORMAT
(STATE FORM SC-5.1)
ARTICLE 8. INSURANCE
8.1 COMMERCIAL GENERAL LIABILITY
8.1.1 It is agreed and understood Architect/Engineer shall maintain in full force and effect
adequate commercial general liability insurance and property damage insurance, as well as
workmen's compensation and employer's liability insurance pursuant to the State insurance
requirements as defined below:
1 The Architect/Engineer shall obtain, and maintain at all times during the
term of this Agreement, insurance in the following kinds and amounts.
.a Standard Workers' Compensation and Employer's
Liability as required by State of Colorado statute, including
occupational disease, covering all employees at the work
site.
b General Liability (minimum coverage)
.1 Combined single limit of $600,000 written on an
occurrence basis.
.2 Any aggregate limit will not be less than $1 million.
.3 The Architect/Engineer must purchase additional
insurance if claims reduce the annual aggregate
below $600,000.
.c Automobile Liability (minimum coverage) in the amount of
$600,000 combined single limit.
.2 The State of Colorado, State Board of Agriculture, and/or Colorado State
University and The City of Fort Collins shall be named as an additional
insured on each commercial general liability policy.
.3 The insurance shall include provisions preventing cancellation without 45
calendar days prior written notice, by certified mail to the Principal
Representative.
.4 Architect/Engineer shall be responsible for all claims, damages, losses or
expenses, including attorney's fees, arising out of or resulting from the
performance of the Services contemplated in this Agreement, provided that
any such claim, damage, loss or expense is caused by any negligent act,
error or omission of Architect/Engineer, any Consultant or associate thereof,
or anyone directly or indirectly employed by Architect/Engineer.
Architect/Engineer shall submit a Certificate of Insurance at the signing of
this Agreement and also any notices of Renewal of said Policy as they
occur.
8.2. PROFESSIONAL ERRORS AND OMISSIONS LIABILITY
8.2.1 The Architect/Engineer promises and agrees to maintain in full force and effect an
Errors and Omissions Professional Liability Insurance Policy in the amounts (indicated in
the following table) as minimum coverage or such other minimum coverage as determined
by the Principal Representative and approved by the State Buildings and Real Estate
Programs. The policy, including claims made forms, shall remain in effect for the duration
of this Agreement and for at least three years beyond the completion and acceptance of the
Work. The Architect/Engineer shall be responsible for all claims, damages, losses or
expenses, including attorney's fees, arising out of or resulting from the performance of
Professional Services contemplated in this Agreement, provided that any such claim,
damage, loss or expense is caused by any negligent act, error or omission of the
Architect/Engineer, any consultant or associate thereof, or anyone directly or indirectly
employed by Architect/ Engineer. The Architect/Engineer shall submit a Certificate of
Insurance verifying said coverage at the signing of this Agreement and also any notices of
Renewals of the said policy as they occur.
For a Fixed Limit of Construction
Cost
Minimum Coverage per Claim
Minimum Coverage in the
Aggregate
$999,999 and under
$250,000
$500,000
$1,000,000 to $4,999,999
$500,000
$1,000,000
$5,000,000 to $19,999,999
$1,000,000
$2,000,000
$20,000,000 and Above
$2,000,000
$2,000,000
ARTICLE 9. INDEMNIFICATION
9.1 INDEMNIFYING THE STATE AND CITY
9.1.1 To the extent authorized by law, the Architect/Engineer shall indemnify, save and
hold harmless the State of Colorado, State board of Agriculture, and/or Colorado State
University, and The City of Fort Collins, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses and attorneys fees,
to the extent such claims are caused by any negligent act or omission of, or breach of
contract by, the Architect/Engineer, its employees, agents, subcontractors or assignees
pursuant to the terms of this contract, but not to the extent such claims are caused by any
act or omission of, or breach of contract by, the State, its employees, agents, other
contractors or assignees, or other parties not under the control of or responsible to the
Architect/Engineer.
EXHIBIT C
B. Fee Pro osal - Hourl Breakdown
Hours Per Hour Total
LILA
Coover--Clark & Associates
Principal Architect
4
125.00
500.00
Principal Planner
4
110.00
440.00
Project Designer
4
100.00
400.00
Associate Designer
4
80.00
320.00
Clerical
0
30.00
-
KA Associates
Senior Partner 4 100.00 400.00
Huitt-Zollars
Project Principal
3
147.10
441.30
Project Manager
6
115.30
691.80
Clerical
2
44.71
89.42
Task u otal 3,282.52
Coover-Clark & Associates
Principal Architect
Principal Planner
Project Designer
8
32
8
125.00
110.00
100.00
1,000.00
3,520.00
800.00
Associate Designer
8
80.00
640.00
Clerical
6
30.00
180.00
KA Associates
Senior Partner 36 100.00 3,600.00
Huitt-Zollars
Project Principal
1 2 1 147.10 294.20
ra-sk SubTotal 10,034.20
Coover-Clark & Associates
Princi al Architect
Princi a] Planner
Project Designer
Associate Desil4ner
56
32
72
12
125.00
110.00
100.00
80.00
7;000.00
3,520.00
7,200.00
960.00
CADD 80 50.00 4,000.00
KA Associates
Senior Partner 16 100.00 1,600.00
Huitt-Zollars
Project Principal
2
147.10
294.20
Project Manager
3
115.30
345.90
Engineer II
12
70.70
848.40
Desi ner
Clerical
40
1
71.78
44.71
2,871.20
44.71
Survey (Lump Sum
1
17,000.00
17,000.00
as Sub Total45,684.41
JA2001 Jobs\0114 - Fort Collins Transit\Proposal\Fee Proposal.xls
JA2001 Jobs\0114 - Fort Collins Transit\Proposal\Fee Proposal.xls
JA2001 Jobs\0114 - Fort Collins Transit\Proposal\Fee Proposal.xls
JA2001 Jobs\0114 -Fort Collins Transit\Proposal\Fee Proposal.xls
JA2001 Jobs\0114 - Fort Collins Transit\Proposal\Fee Proposal.xls
ACQRD CERTIFICATE OF LIABILITY INSUR 4NC�o OP ID B DATE(MM/DDNY)
OVE-1 1 08/28/01
PRODUCER THIS CERTIFICATE IS . .SUED AS A MATTER OF INFORMATION
Olson & Olson, Ltd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Carolyn Gratrix Book HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
333 W. Hampden Ave., Suite 440 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Englewood, CO 80110
Phone:303-761-0085 Fax:303-788-1817
INSURED
Coover-Clark & Associates P.C.
455 Sherman St., #205
Denver CO 80203
INSURERS AFFORDING COVERAGE
INSURER A: Continental Casualty Co.
INSURERS
INSURER C:
INSURER D:
INSURER E:
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 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, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
P 1 EFF TIVE
DATE MM/DD/YY
PO 1 Y EXP RATION
DATE 1MM/DD1YY1
LIMITS
GENERAL LIABILITY
-
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
FIRE DAMAGE (Any one fire)
$
MED EXP (Any one person)
$
PERSONAL& ADV INJURY
$
GENERAL AGGREGATE
$
-
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECT PRO- LOG
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident) -
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
OCCUR CLAIMS MADE
-
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TORY LIMITS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE -EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
A Professional AEA 11 374 75 39 08/15/01 08/15/02 Per Claim $1,00,0000
Liability CLAIMS -MADE Annl Aggr $1,000,000
DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Claim expenses are included in the limits of liability. Payment of claim
and claim expense reduce the limits. *Except due to nonpayment of
premium.
CFRTICICATC ut11 11CD
COOVCLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Coover-Clark & Associates, PC
455 Sherman St., #2 O5 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Denver CO 80203 REPRESENTATIVES.
25-S (7/97)
TION
Professional:
City:
With Copy to:
Coover-Clark & Assoc., P.C.
City of Fort Collins,
City of Fort Collins, Facilities
455 Sherman Street
Purchasing
P.O. Box 580
Suite 205
P.O. Box 580
Ft. Collins, CO 80522
Denver, CO 80203
Ft. Collins, CO 80522
Attn: Steve White
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 $600,000 combined single limits, and errors and
omissions insurance in the amount of $1,000,000. Please see Exhibit B for further insurance
requirements.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of One Hundred Thirty-
PSA 05/01
2
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making 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
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee 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
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
et seq . )]
(3) The undersigned shall require that the language of this certification be included in the
award .documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. 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 31, U.S.C.3 1352 (as amended by
the Lobbying Disclosure Act of 1995). 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.
[Note: Pursuant to 31 U.S.C.1352(cx1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, c0010ea- e-c.a,QK- 4, A-Joae ttAXMes9 gyp, c. , certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certificatioo9nd disclosure, if any.
(. ttl ---- Signature of Contractor's Authorized Official
C. tAkukm & )A,^7 Name and Title of Contractor's Authorized Official
Date
Page 6
�. ..
Jim ON eill - RE CSU Transit Center pLL1
From: "Beckhouse, David (TRO-08)" <David.Beckhouse@fta.dot.gov>
To: "'Tom Frazier"' <tfrazier@fcgov.com>, "Dolby, Chic...
Date: Mon, Oct 29, 2001 11:13 AM
Subject: RE: CSU Transit Center
Nope, you've got a LONP for the whole project so you're good to go. Just
keep doing all the procurements and contract clauses as if they'll be paid
for with FTA funds and you'll keep them eligible.
-----Original Message -----
From: Tom Frazier [mailto:tfrazier@fcgov.com]
Sent: Monday, October 29, 2001 11:03 AM
To: Chick. Dolby@fta.dot.gov; David. Beckhouse@fta.dot.gov
Cc: MSITTNER@fcgov.com; SWHITE@fcgov.com
Subject: CSU Transit Center
Good Morning Gentlemen,
The firm of Coover-Clark & Associates from Denver have been selected to be
the A-E firm on the Colorado State Transit Center project... Dave Clark, a
principal in the firm, is the project leader, and I gave him your names just
in case they have any FTA type questions ... a few things on the project
status, we are initiating another appraisal, there was an appraisal
completed in 1997 of the property, but the project staff felt it was best to
do another full appraisal along with the required Review Appraisal... due to
the short construction period allowance (CSU is out of session mid -May and
returns the 3rd week in August) the A-E staff is planning to bid the project
in February 2002 with construction starting in mid -May ... the City of Fort
Collins is not participating in the Colorado Coalition this year, and the
City will be seeking a specific funding earmark for the balance of the CSU
Transit Center Project (Approx $6M)... is there anything we need to do
through your office on this 5309 process???
Thanks for all your help on the past projects, and we look forward forward
to another transit center opening...
Tom F
CC: FC7.FACILITIES(SWHITE),FC3.Transfort(MSITTNER)
0
Coover-Clark & Associates, P.C.
Architects A Planners A Landscape .Interiors
October 26, 2001
Mr. James B. O'Neill, CPPO, FNIGP
Director of Purchasing and Risk Management
City of Fort Collins
215 North Mason Street
P.O. Box 580
Fort Collins, CO 80522-0580
Re: P-806 Colorado State University Transit Center
Dear Mr. O'Neill:
OCT 3 0 2001
Enclosed please find the four signed copies of the documents relating to the Colorado State University
Transit Center. Also enclosed is a copy of our Professional Liability Insurance policy. A certificate will
be mailed to you in your name from our company next week.
Thank you for the opportunity to provide services to the City of Fort Collins. Please advise if you have
any questions or you need anything else.
Enclosures
4i4.ChPrmnn Vrnot. Nuity 201 .4 nvuropr. Cn/nrndn 90207 i Phnnm MM 797-0040 i Far- 007) 787-1)061)
Oct.24. 2001 91 7AM
No.2953 P. 1/2
0
Architects .c Planners a Landscapes A Interiors
455 Sherman Street, Suite 205 .4 Denver, CO 80203
Phone: 303.783-0040 .4 Fax: 303-783-0060
webmail@coover-clark.com
Fax Transmittal
To: JB" `- -nze }-9uAjLgh From: C L- *—L).1 ! h
Few- 97)4 - o-61 - is 7 Q 7 Date: 10 -• O"L C4+Q /
Phone: Pages:
Re: CC:
❑ Urgent ❑ For Review ❑ Please Comment R Please Reply El Please Reoyale
•Comnranfs:
.1J 8 IL
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, tc
any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making 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
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee 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
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
et seq .)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. 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 31, U.S.C.3 1352 (as amended by
the Lobbying Disclosure Act of 1995). 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.
[Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, Gomueti.- C-C-AA c- 4� A-fjoGIA.-V* 4?. c . , certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certificatig8;and disclosure, if any.
�� l� L. Lk L ILGE--- - Signature of Contractor's Authorized Official
GNP¢--es♦'Drwr'� e-"AA�-, Name and Title of Contractor's Authorized Official
4 t 53 o ( Date
Page 6
Nov• 8. '?001 3:46PM No.3177 P. 2/2
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making 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
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee 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
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
at seq .}]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. 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 31, U.$.C.a 1352 (as amended by
the Lobbying Disclosure Act of 1995). 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.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, Goev"- c4-NL0L 4 h'S'3,W tArCe I r?. c- . , certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certificatiq+-, nd dis ure, if a�ny.
�-+� ��^•- �-�-� �-1Ll E-- Signature of Contractor's Authorized Official
Ge�+t- 5,�"► •++7 cl-�I Name and Title of Contractor's Authorized Official
I t 1 o i Date
Page 6
Oct,24. 2001 9:38AM
No.2953 P. 212
STATE OF COLORADO
DEPARTMENT OF REGULATORY AGENCIES
COLORADO OFFICE OF CERTIFICATION
s
ti
Bernette L Collins, Director
�3
1560 Broadway, Suite 1540
♦ ,�
Denver, CO 80202
+
(303)894-2355
* 876
Bill Owens
Governor
January 28, 2000
M Michael Cooke
Executive Director
COOVER-CLARR &,ASSMATI S
333 W. Hampden Avenue, Suite 315
Englewood, CO 80110
Dear Ms.Coover-Clark,
ANNUAL APPROVAL OF CERTMCATE #1159
The Colorado Office of Certification is pleased to inform you that COOVER-CLARK & ASSOCIATES has been
reviewed and deemed eligible for continued participation in the United States Department of Transportation's (U.S.
DOT) Disadvantaged Business Enterprise (DBE) Certification Program. This letter serves as your official certification.
Your firm will be included on eligibility lists maintained by the entities seeing a programmatic need for your work
specialty, and for whom this office performs contract certification services.
In accordance with U.S. DOT Regulations found at 49 CFR Part 26, your firm is certified for a period of three years.
However, you will be ttotifted by postcard each JANUARY, the month commensurate with your Wtial certification, that
your certification status must be re-evaluated. The postcard provides instructions on how to obtain the necessary form
and the other documents to submit to the Office of Certification, Submittal of this information is necessary to ensure
that there is no interruption in your certified status.
For the duration of your firm's continued eligibility, business development assistance is available from the Colorado
Department of Transportation (CDOT), the Regional Transportation District (RTD) and the Denver Water Board
(DWB). To inquire about particular programs available through these entities, please contact them directly.
The Colorado Office of Certification, Department of Transportation, Regional Transportation District and Denver
Water Department wish you continued success in your business endeavors.
Sincerely,
Berretta L. Collins, Director
Supporting Big Results for Small .Business
three Thousand Six Hundred Eighteen Dollars and Four cents ($133,618.04) plus reimbursable
direct costs. All such fees and costs shall not exceed One Hundred Thirty-three Thousand Six
Hundred Eighteen Dollars and Four cents ($133,618.04). The parties acknowledge that KA
Associates, Huitt-Zollars, and BCER 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
"C" 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 "C" including subcontractor rates.
Monthly partial payments based upon the Professional's billings and itemized statements 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 actual reimbursable expenses. 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.
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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.
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
PSA 05/01
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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 parry'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.
THE CITY OF FORT COLLINnnS,,, COLORADO
By: 1.
John . Fischbach
Manager ig 0/�_
By:
a es B. O'Neill II, CPPO, FNIGF3'--
DirectoLzIf Purchasing & Risk Management
DATE: Ilk
AT T:
City Clerk
APPROV D AS IRM:
- .2
Assistant City Attorney
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If Me
By:
Title
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: % 0/
ATTEST-
CorporateSecretary
W Commission 03hY1Z003
PSA 05/01
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EXHIBIT A
9
Coover-Clark & Associates, P.C.
Architects . Planners .i Landscape A Interiors
A. SCOPE PROPOSAL
Task 1: Orientation/Goals Meeting
Task 1.1: Kick-off Meeting. The project will be initiated by a kick-off meeting attended by
the Project Team and representatives for Fort Collins and Colorado State University. The intent
of the meeting is to:
• Establish reporting preferences,
• Establish project management contacts,
• Confirm the schedule and tasks,
• Collect existing reports, studies, data, guidelines, and regulatory information affecting
the project .
The meeting will also include a Goals Session that is intended to discuss objectives and
priorities for the project. Meeting minutes and a summary of goals will be provided by the
Project Team.
Task 1.2: Stakeholder Involvement (Optional/Supplemental to RFP description). The
Project Team will work with University, community, and regional stakeholders in the
identification of transportation projects for CSU, the City of Fort Collins, and Larimer County
transportation groups that meet common goals. The Project Team will work to develop a
consensus among these stakeholders regarding project priority.
The Project Team is also available to meet with CSU Stakeholders regarding project
development and specific impacts to the campus and to the Student Center. Status meetings
scheduled monthly through the design phase is proposed.
Task 2: Program Verification
Task 2.1: Program Summary. The Project Team will review the existing project program and
provide analysis for each component in relation to the project goals. At minimum, the written
analysis will:
• Verify program elements.
• Validate area/space requirements.
• Review operational requirements that affect programming, including the identification of
455 Sherman Sfree4 Suite 2054 Denver, Colorado 8020.3 .[ Phone: (303) 983-0040 4 F" qx: 003 78:3-0060
pedestrian, bicycle, and automobile routes that will access the Transit Center to insure
"multimodal aspects."
• Review operational aspects of the current Transfort system for application to the Transit
Center and critique of operational aspects of the system relative to access and
operational impacts.
• Enumerate regulatory and/or design requirements that impact programming, including
CSU guidelines, Code Issues, Fort Collins land use controls, and Federal Transit
Administration (FTA) regulations.
• Summarize each program element.
Task 2.2: Off -Site FTA Regulation Compliance (Optional/Supplemental to RFP). Past
experience dictates that the FTA will want to insure that campus and community circulation has
been reviewed and documented as part of this project. Sub -tasks include:
• Review internal campus circulation patterns and campus plans with focus on
applicability of transit way development.
• Review Mason Street Corridor plan for application and integration to the Transit Center
proj ect.
• Assist in client contact and coordination of the project with the FTA regional office.
Task 3: Master Site Plan
Task 3.1: Topographic Survey. Prepare a detailed boundary and topographic survey of the
subject tract. The survey will extend 100 feet beyond the parcel and will be reported at a one (1)
foot contour interval.
Task 3.2: Site Inventory. Prepare a mapped inventory of all surfaces, structures,
improvements, and landscaping currently on the subject tract.
Task 3.3: Develop Base Maps. A project specific and a vicinity base map will be prepared for
use through the project.
Task 3.4: Preliminary Site Plans. Alternative preliminary site plans that accommodate the
entire project program will be developed for internal review. A review meeting to present the
opportunities and constraints of each approach will be scheduled.
Task 3.5: Final Site Plan. Upon consensus regarding alternative approaches, a final site plan
will be prepared.
Task 3.6: Environmental Review Documents (Optional/Supplemental to RFP). FTA will
require an environmental review, (probably best at the site plan phase) with the objective of
455 Sherman Street, Suite 205_t Denver, C"Werado 80203.4 Phone: (703) 783-0040.4 i ax. (303) 783-0060
obtaining a categorical exclusion from the Regional Office Engineer, that may impact the
project schedule. Also, ADA and Title VI documentation may be required.
Task 3.7: Enhanced Conceptual Plans for Phase II Transit Center Building
(Supplemental to RFP/Included in Fee Proposal). The function and layout of the Transit
Center Building is critical information relevant to site planning, especially regarding pedestrian
movement and service provision to the building when constructed. The RFP suggests that
Schematic Design for the building occur during Phase Il. An enhancement of the conceptual
plan is regarded as key to a sustainable Master Site Plan.
Task 3.8: Model (Optional/Supplemental to the RFP). A three dimension scaled model of
the site and long range building plan would be valuable in the planning and scheduling of
campus projects in close proximity to the subject tract.
Task 4: Schematic Design
Task 4.1: Schematic Plans. This task is proposed to supplement the Master Site Plan.
Schematic Design for all project elements will be prepared, including:
• All physical structures (excluding Phase II buildings)
• Utilities
• Grading/Drainage structures
• Vehicle areas
• Pedestrian plazas and walkways
• Landscaping
• Street Furniture
• Lighting
Task 4.2: Cost Estimate. Preliminary cost estimate will be prepared based on detail of design
accomplished through this phase.
Task 5: Phasing Plan
Task 5.1: Technical Memorandum Regarding Project Phasing. General construction
phasing recommendations will be enumerated. Specific phasing details regarding the CSU
Weather Station and the Arthur Ditch will be provided.
Task 5.2: Preliminary Plat. (Not requested in the RFP). A preliminary plat will be
developed and submitted for review.
455 Sherman Slreey Suite 205 A Denver, Colorado 80203.4 Phone: (103) 783-0040 A Fax: (303) 783-0060