Loading...
HomeMy WebLinkAbout307110 HDR ENGINEERING - CONTRACT - RFP - P996PROFESSIONAL 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 HDR Engineering Inc., hereinafter referred to as "Professional". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ten (10) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 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: 1 Deliverables; ➢ Public Comment Report (including a summary of actual comments received as well as common ideas/key themes) 2.2 — Public Presentation of Conceptual Alternatives The purpose of these meetings will be to present the conceptual alternatives and gather public input. The approach to dissemination of this information and gathering public input will be the same as in Task 2.1, where HDR will conduct the Town Hall meeting with individual property and business owners, followed by one day of reserved time for additional one-on-one meetings with those property and business owners that request it. If additional meeting days/times are needed, they will be conducted by Core Project Team (City & DDA) representatives. After the Primary Stakeholders meetings have occurred, a public open house for the general public and other secondary stakeholders will take place. The open house will occur within two weeks of the conclusion of the Primary Stakeholder meetings. It is likely that the identified boards and commissions, the DDA and DBA and City Council could request that the Core Project Team present project progress at one of their meetings. HDR anticipates that up to two (2) such meetings could occur following the initial public meetings. If additional meetings are necessary, they will be attended by Core Project Team (City & DDA) representatives. HDR will provide presentation materials for these meetings, including the Conceptual Alternatives, Right -of -Way Maps, and Opinions of Probable Construction Costs (described in Task 3.4). HDR will also provide comment cards to record public comments. It is anticipated that the City and the DDA will be responsible for advertising the one-on-one meetings and public open house, as well as reserving space for each meeting. HDR will assist in the development of the information that would be included in the advertising. HDR will also assist the City to incorporate this information on the City's website. Following the public open house, HDR will arrange a Core Project Team meeting to evaluate the information received. Deliverables: ➢ Public Comment Report (including a summary of actual comments received as well as common ideas/key themes) 2.3 — Public Presentation of Preliminary Design Plans The purpose of these meetings will be to present the preferred alternative using a similar approach to the previous two public involvement efforts. HDR and the Core Project Team will conduct the Town Hall meeting with individual property and business owners, followed by one day of additional one-on-one meetings with those property and business owners that request it. After the Primary Stakeholders meetings have occurred, a public open house for the general public and other secondary stakeholders will take place. The open house will occur within two weeks of the conclusion of the Primary Stakeholder meetings. It is likely that the identified boards and commissions, the DDA and DBA and City Page 4 Council could request that the Core Project Team present project progress at one of their meetings. HDR anticipates that up to two (2) such meetings could occur following the initial public meetings. If additional meetings are necessary, they will be attended by Core Project Team (City & DDA) representatives. HDR will provide presentation materials for these meetings, including the Preferred Alternative, Preliminary -Level Cost Estimate, and preliminary -level prioritization of the proposed improvements (described in Task 4.2). HDR will also provide comment cards to record public comments. It is anticipated that the City and the DDA will be responsible for advertising the one-on-one meetings and public open house, as well as reserving space for each meeting. HDR will assist in the development of the information that would be included in the advertising. HDR will also assist the City to incorporate this information on the City's website. Following the public open house, HDR will arrange a Core Project Team meeting to evaluate the information received. Deliverables: ➢ Public Comment Report (including a summary of actual comments received as well as common ideas/key themes) Meetings: In summary, this scope identifies the following public meetings: ➢ Three (3) Town Hall meetings with Primary Stakeholders ➢ Three (3) "by appointment" meetings with Primary Stakeholders ➢ Three (3) open house meetings for the general public ➢ Ten (10) meetings with various Secondary Stakeholders. If additional meetings are necessary, they will be attended by Core Project Team (City & DDA) representatives. Task 3.0: Conceptual Design The purpose of this task will be to select a preferred design alternative from a list of identified conceptual alternatives. 3.1 — Project Base Mapping and Data Collection Based on information provided in the Request for Proposal, it is anticipated that the City will be responsible for providing project base mapping information and collecting most of the data that will be necessary to perform the conceptual alternatives analyses. This information includes: ➢ Survey data (full topography, roadway limits, existing right-of-way boundaries) ➢ Aerial mapping (note: aerial mapping is from May 2002) ➢ Existing and future -year daily traffic volumes and existing intersection turning movement counts ➢ Recent crash data ➢ Existing water, waste water, and storm water infrastructure ➢ Future water, waste water, and stormwater pipe sizes and layout Page 5 ➢ Historic and cultural property survey information ➢ Ecological and environmental assessment data ➢ Storm drainage modeling output ➢ Condition of Lincoln Avenue bridge over the Cache la Poudre River HDR will augment the project base mapping and collected data with: ➢ Photo analysis of the project area ➢ Summary of pertinent information gathered from the list of reference plans as identified in the RFP (i.e. the Downtown River Corridor Implementation Program, City Plan, Downtown Plan, Downtown Strategic Plan, Land Use Code RDR District, Poudre River Land Use Framework Plan, Phase I Environmental Site Assessment Fort Collins Brownfields Program Downtown River Corridor, Cache La Poudre River Natural Areas Management Plan, Action Plan for Sustainability Master Street Plan, SH14 Access Plan, and Larimer County Urban Area Street Standards) ➢ Base mapping of third -party utilities (Qwest, Xcel, etc.) as available HDR will work with the City's staff to ensure that all survey data needs are met. Once the survey data, aerial mapping, existing utilities and storm water data, and historic property survey information has been obtained from the City and HDR has performed the photo analysis, HDR will assemble an Inventory Map that depicts this data and present it to the Core Project Team for review and comment. The intent of this effort will be to resolve any issues concerning existing infrastructure and rights -of -way information presented in this map. One of the regularly scheduled project progress meetings will be used to discuss any comments. Deliverables: ➢ Inventory Map ➢ Photo Analysis 3.2 — Site Analysis With the base mapping in place and with input from the Core Project Team, HDR will evaluate and identify opportunities and constraints that may impact design solutions. These items will be graphically depicted over the aerial mapping to aid in communicating to the public and soliciting their comment. Deliverables: ➢ Opportunities and Constraints Map ➢ Natural Habitats and Features Impact Letter 3.3 — Transportation and Parking Study HDR will perform a transportation study to assess the safety and capacity needs of traffic within the project area. This information will be used to evaluate the impacts that each conceptual alternative will have on traffic and parking. HDR will utilize the provided existing and future -year traffic volumes and recent crash data to perform the transportation study. Traffic analyses will be performed using the Highway Capacity Manual methodologies and the Synch ro/Si mTraffic software suite. Levels of service criteria for vehicular traffic, pedestrians, bicycle Page 6 traffic, and transit service will be taken from the latest edition of the Larimer County Urban Area Street Standards (LCUASS). Recommendations will be made that would result in acceptable levels of service for each mode of travel. The findings and conclusions of this study will be incorporated into the Transportation and Parking Study report. HDR will also perform a parking study to evaluate the potential for overall parking demand throughout the project area. The basis for this study will be the parking analysis findings and conclusions from the Downtown Strategic Plan; this will also include the applicable Principles from the Downtown Strategic Plan. HDR will supplement this data with an analysis of current zoning of the project area and current City standards to determine the total number of parking spaces that would be needed within the project area. The findings and conclusions of this study will be incorporated into the Transportation and Parking Study report. Deliverables: ➢ Transportation and Parking Study Report 3.4 — Conceptual Alternatives Analysis HDR will prepare up to three conceptual alternatives to begin the initial Framework Plan concepts, including visioning and infrastructure capacity and safety needs. All design work will be performed utilizing AutoCAD 2004. These alternatives will consist of roadway features, including typical sections, vehicular and bicycle travel lane characteristics, on -street parking orientation, and intersection traffic control; streetscape design concepts, including theme development, key feature areas, building setbacks, sidewalks, street crossings, locations for public art, environmental stewardship, and landscape concepts; and utilities and storm water infrastructure (to be provided by the City). Additionally, hand -drawn sketches will be prepared to help illustrate concepts. These alternatives will also include design standards that integrate infrastructure needs with the unique character of this historic and environmentally sensitive area. These alternatives will be developed by the Core Project Team and be presented to the Primary and Secondary Stakeholders, in accordance with the procedures identified in Task 2.2. The HDR team will also prepare plan view sketches and perspective sketches of proposed design solutions for urban design components. Deliverables: ➢ Conceptual Alternatives ➢ Right -of -Way Maps ➢ Opinion of Probable Construction Costs 3.5 — Preferred Alternative After the public meetings described in Task 2.2, the Core Project Team will convene. The primary purpose of this meeting will be to evaluate the public and agency input to select a preferred alternative. The preferred alternative will be carried forward into preliminary design. Page 7 Task 4.0: Preliminary Design The purpose of this task will be to refine the preferred alternative into a preliminary design set that can later be taken to final design. 4.1 — Geotechnical Study An analysis of subsurface conditions will be performed in accordance with the LCUASS. The primary output from this analysis will be the anticipated road. section, including excavation requirements, subsurface conditions, base course material and thickness, and wearing surface thickness. A geotechnical study report will be developed that will convey the analysis and findings. Deliverables: ➢ Geotechnical Study Report 4.2 — Preliminary Design Plans Preliminary design plans will be developed for the preferred alternative. Preliminary design will include: development of typical sections, horizontal geometry, vertical centerline geometry, and conceptual horizontal layout of curb, gutter, sidewalks, and property accesses. A traffic control plan will also be prepared, identifying signing and striping as well as intersection traffic control requirements. During this design process, HDR will closely coordinate with City staff regarding the City's utilities and storm water design. Other key components of the preliminary design will include: ➢ Strategies for alternative transportation (pedestrian plan, bicycle plan, transit routes) ➢ Strategies for parking plan (taken from City's downtown parking study) ➢ Develop a 'Kit of Parts" for urban and streetscape design (plaza areas, pedestrian amenities and site furnishings) ➢ Develop environmental stewardship alternatives where feasible ➢ Preliminary landscape and irrigation plans ➢ Preliminary grading standards for streetscapes, addressing issues such as cross pitch, ADA accessibility, ramps and drainage inlets These preliminary design elements will delineate the limits of construction, which will be used to identify future right-of-way, easement locations, and future right-of- way acquisitions. A tabulation of quantities will also be established. The preliminary design plans will not include cross sections or grading plans. Ten (10) copies of the preliminary design package will be submitted to the Core Project Team, who will distribute the plans to appropriate City departments (Engineering, Traffic Operations, Utilities and Storm Water, etc.). Comments received from City reviews will be incorporated into the Preliminary Design Plans, which will be presented to the Core Project Team. After this meeting with the Core Project Team, the Preliminary Design Plans will be presented to the Primary and Secondary Stakeholders, in accordance with the procedures identified in Task 2.3. Page 8 Deliverables: ➢ Ten (10) copies of the Preliminary Design Plans, including plan and profile sheets, streetscape and landscape design, and tabulation of quantities. 4.3 — Preliminary -Level Cost Estimate Based on the preliminary design plans, the cost estimate that was developed during the conceptual design phase will be refined to reflect the preliminary design. This will be included in the preliminary design package that will be submitted to the Core Project Team. Deliverables: ➢ Ten (10) copies of the Preliminary -Level Cost Estimate 4.4 — Framework Plan After the public meetings described in Task 2.3, the Core Project Team will convene. The primary purpose of this meeting will be to evaluate the public and agency input and finalize the Preliminary Design Plans, which will be refined into the Framework Plan. This document will include all final deliverables of the Project. Deliverables: ➢ Framework Plan (plan and profile sheets, streetscape design plans, itemized and prioritized list of proposed improvements, preliminary -level cost estimate) Deliverables All deliverables listed in this Scope of Services will be provided to the City of Fort Collins in accordance with Item S. of the Professional Services Agreement. In Item 8., it is stated that a hard copy of the drawings will be provided to the City on a stable mylar base and an electronic copy of the drawings will be provided on a CD. Additionally, all applicable electronic non -CAD files will be provided to the City in Microsoft Word, Excel, or PowerPoint. If necessary, the deliverable format for any document that does not match either of these noted formats will be discussed with the City's Project Manager as the need arises. Page 9 ADDITIONAL SERVICES The tasks outlined in this section of this Scope of Services have been identified in case they become necessary as the project progresses and issues are identified. HDR will not erform work on these tasks, nor will HDR bill the City and the DDA for these tasks, without a defined scope and fee estimate and written authorization from the City and the DDA to perform these tasks. Task A.1: Utilities and Storm Water Infrastructure Design The City of Fort Collins intends to provide their funding match for this project by providing services in -kind. These services include the utilities and storm water modeling, pipe sizing, and pipe layout for future water, waste water, and stormwater system. After completion of Task 3, it is anticipated the City will contract with HDR to develop preliminary plan and profile sheets for future water, waste water, and stormwater design. Task A.2: Development of Specific Architectural and Urban Design Standards After completion of preliminary design, the team may find a need to create specific urban design standards and/or architectural design standards to be available for applicants desiring to redevelop in the district. These services may be provided as an additional service, if desired. Task A.3: Non -Invasive Detection of Subsurface Archaeological Resources Given the historic nature of the project area, there is potential for subsurface archaeological resources within the envelope of any conceptual alternative. If it is deemed necessary, HDR will work with the City to perform a non-invasive detection for such resources. The method of detection could include a ground -penetrating radar survey. Page 10 Downtown River District Improvements Project I HIBIT "B" Schedule ID Task Name Duration Start Finish Ma ]l 21 S tembe, 1 �December 11 � March 21 July I i October 11 nuar 21 1 Mayl 11;/14—�11,. 11& 1/29 4123 1213 3/25 Pre -Design 37 Mon 1-01-3-1-0-5, Tue 11=05 . ..... 2 Project Initiation 20 days Mon 10/3/05 Fri I G/28/05. 3 i Kickoff Meeting 1 day Tue 11/22/05 Tue 11122JOS, Assemble Pub6c/Stakeholder Involvement Plan 10 dap' Mon 10/31165 Or-, 11/11/OS Conceptual Design 155 days Mon 11/28105 Fri 6*0106 7 Coordinate with City Design Team 155 days Mon 11/28/05 Fri 6/30/06: Prepare Project base Mapping, Site Analysis 01 25 (JWYS Mon I VM05 Fri IMb/M 9 Traffic and Parking Study 40 days Mon 11/28/05 Fri 1/20/06' 10 Initial Public Meetings 10 days Mon 1/23t66 F 11 ri 2/3/ 1 0 . 6. 11 Establish Desig n Criteria 20 days Mon 1/23/06 Fri 2/17/06 Prepare Corridor Design Alternatives 80 daysM 1 ' . on 21 2 1 0/06 Fri 6 1 19106 13 Public Presentation of Corridor Design Alternatives 5 days Mon 6/12/06 Fri 6/16/06 14 Select Preferred Alternative 10 days Mon 6/19/06 Fri 6/30/06 116 1 Preliminary Design 150 days Mon 7/10/06 Fri 212/07 -17 Coordinate with City Design Team 150 days Mon 7/10/06 Fri 2/2/07 18 Geolachnical Investigation 15 days Mon 7110/06 Fri 7128106 19 Prep are Preliminary Design Plans 90 days Mon 7/31/06 Fri 1211/06 26 Refine Cost Esimate and Outline Specifications I 10 days Mon 12/4/06 Fri 12/15/06. 21 City Departmental Reviews 20 days Mon 12/18/06 Fri 1/12/07, 22 Public Presentation of Preliminary Design 5 days Mon 1/15/07 Fri 1119107. 23 Assemble and Submit Framework Plan 10 days Mon 1/22107 Fri 2/2/07' Exhibit "C" DOWNTOWN RIVER DISTRICT IMPROVEMENT PROJECT Billing Rates and Expenses ll� Principal -In -Charge 191.00 A/ C Reviewer 131.00 Project Manager 106.00 Project Engineer I 119.00 Project Engineer II 94.00 CAD Technician 70.00 Project Controller 74.00 W 6Y BHA Princi al_ AJ C 135.00 Project Mana er 100.00 Senior Engineer 85.00 Landscape Architect $ 65.00 Clerical 75.00 Urban Nei hb rhoods President 200.00 Cedar Creek As o fates S ecialized Technical Permitting, Consulting 70.00 Technician 45.00 Earth Engineering Senior Project Engineer PE 110.00 Project Engineer PE 95.00 Field Engineer 75.00 Level III Engineering Technician 60.00 Level II Engineering Technician 50.00 Level I Engineering Technician 40.00 Local Government Sollutiol3s Grou Management Consultant 125.00 Item Unit Unit Cost Technology Charge (HDR Only) Hour 4.10 Reproductions Copies - Black & White Each 0.12 Color Plots Each 2.50 Mileage Mile 0.485 Meals Each Mailing & Freight Each Courier Service Each Miscellaneous Drilling (borings, traffic control, lab testing, etc.) Each Potholin Each * At Actual Reasonable Cost (no mark-up) No Text Professional: HDR Engineering Inc. 19 Old Town Square Suite 242 Ft. Collins, CO 80524-2463 Attn: John Seyer PE City: City of Fort Collins Transportation Planning P.O. Box 580 Ft. Collins, CO 80522 Attn: Kathleen Bracke With Copy to: City of Fort Collins Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen 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. Desion. Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of One Hundred Eighty Eight Thousand, One Hundred Eighty Two Dollars ($188,182.00) plus reimbursable direct costs. All such fees and costs shall not exceed Two Hundred Thousand Dollars ($200,000.00). The parties acknowledge that BHA Design, Cedar FA A RDL CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 mmmwm 05/25/2W5 PRODOCER Lackton Companies 444 W.47th Street, Suite 900 Kansas City Mo 64112-1906IF (816) 960-9000 THISISSUED ONYAD CERTIFICATE IS SGTMOICRTFON UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURED HDR ENGINEERING, INC. 1013472 ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 INSURER A: I E - IN R A N vvisugrg c SENTRY INSURANCE A MUTUAL COMPANY INSURER a CONTWENTAL CAS W.O. r_nVr:Qercc "nRTNDt CO 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 SHOWNN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "A PE MBEA � � EF CTIVE PO CY I LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X] OCCUR GL )3504583 06/01/2005 06/01/2006 - EACH OCCURRENCEOCGURRENCE $ 1 000 OO FIRE DAMAGE ne Ero $ 1.000.000 MED EXP fAny one reon) $ 1 O OOO PERSONAL& ADV INJURY $ 1,000.0m GENERA. AGGREGATE $ 2 O00 OOO GEML AGGREGATE LIMIT APPLIES PER: POLICY X 29 X PRODUCTS - COMNOP AGG $ 2.000.0W B B AUTOMOBILE LL48KJTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NONAWNED AUTOS BAP3504594 TAP3504586. ON01 /2005: 06/01/2005 06/01 /2006 06/01/2006 COMBINED SINGLE LIMIT (Ea aCCldenl) g 2,000,000 BODILY INJURY (Per Peri;or+) $ XXXXXXX BODILYINJURY (Par acelaem) $ XXXXXXX PROPERTY DAMAGE IPer wodenp $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA A AUTO ONLY: AGG XXXXXXX $ XXXXXXX B EXCESS LIABILITY X I OCCUR ❑ CLAIMS MADE Q UMBRELLA DEDUCTIBLE FORM RETENTION $ AUC3808400 (EXCLUDES PROF. LIAB) 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 11000,000 s XXXXXXX xxXXXXx XXXXXXX C C WORKERS COMPENSATION AND EMPLOYERS LIABILITY 90-14910-01 90-14910-02 06/01/2005 O6/O1/2005 06/01/2006 O6%OU2OO6 X TD A - E.L. EACH ACCIDENT $ 1000000 E.. DISEASE - EA EMPLOYEE $ ] ow E.L. DISEASE • POLICY LIMIT $ 1 000 000 D OTHER ARCHS a ENGS PROFESSIONAL LLLBILM PLA113978408 06/01l2005 06/01/2006 PER CLARk$1,000,0M. ACO:SI,000ADO. MWRWMM OF OPERATM)KW4M'nONWEHICLEBNXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 1916M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL Q QFAVQA-Zp-MAIL 3.0_ DAYS WRITTEN ATTN-. PURCHASING P.O. BOX FJ6O NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FORT COLLINS CO BD522 AUTHORIZED REPRESENTATIVE ACORD 25S (7197) For gmwm flow eam owaeub,awme+V,e meiewwoela ar TMaaeeer aaloo Wore end enrRv ew tlNnl ooa7oNxeY. aACORDC PORATION 11283 Creek Assoc., Earth Engineering, Dana Crawford and Local Government Solutions Group, 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 "C", consisting of two (2) pages, 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. Protect 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 3 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 al 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/SeverabaL. 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. 5 City Clerk APPROVED AS TO FORM: Assis ant City Attorney THE CITY OF FORT COLLINS, COLORADO By: _ (� L�I , J me B. O'Neill II, CPPO, FNIGP Directo Purchasing & Risk Management 1 Z o� Fonrr_ HDR Engineering � c. By: 7� r Title: VIc 7�re1ld _x CORPORATE PRESIDENT OR VICE PRESIDENT Date: 11beG "-.6 r Z 3 200 �j ATT T: -- (Corporate Seal) Corporate Secretary 6 EXHIBIT "A" 6a City of Fort Collins City of Fort Collins Downtown Development Authority DOWNTOWN RIVER DISTRICT IMPROVEMENT PROJECT Fort Collins Project Number: P996 Scope of Services City of Fort Collins Project Manager: Kathleen Bracke, AICP Downtown Development Authority Project Manager: Chip Steiner, PE HDR Project Manager: John Seyer, PE, PTOE Introduction• The City of Fort Collins and the Downtown Development Authority (DDA) have jointly procured the Downtown River District Improvement Project to address the lack of sufficient public infrastructure to support infill development and redevelopment of the Downtown River Corridor. The Downtown River Corridor is generally bounded by the Cache la Poudre River on the north, N. College Avenue on the west, Jefferson Street on the south, and Lincoln Avenue on the east. This contract will address the first phase of the Downtown River District Improvement Project, including the development of preliminary design drawings and cost estimates of needed transportation and utility improvements throughout the project area. The project area includes: ➢ Jefferson Street, from N. College Avenue to Lincoln Avenue ➢ Willow Street, from the Union Pacific Railroad (UPRR) tracks to Lincoln Avenue ➢ Linden Street, from Jefferson Street to the south end of the bridge over the Poudre River (excluding the bridge) ➢ Lincoln Avenue, from Jefferson Street to the north end of the bridge over the Poudre River (including the bridge) Page 1 Description of Work Tasks Task 1.0: Project Management and Administration The purpose of this task will be to provide project direction and control for the Project. The HDR project manager will be responsible for development of the Project Guide, team coordination, quality control, document submittal, progress reporting, and overall project performance. Individual tasks associated with project management and administration will include: ➢ Project kick-off meeting with City and DDA staff ➢ Preparation of the Project Guide ➢ Regular project progress meetings with City and DDA staff ➢ Administration of HDR's Quality Assurance/Quality Control Program ➢ Preparation of monthly progress reports Deliverables: ➢ Delivery Plan, including the Project Guide ➢ Monthly progress reports Task 2.0: Stakeholder Coordination and Public Involvement The purpose of this task will be to garner public involvement and support for the project and appropriately involve representatives from various affected agencies and the community. Coordination of project design will occur at three levels: ➢ Core Project Team ➢ Primary Stakeholders ➢ Secondary Stakeholders The Core Project Team will consist of the project managers from the City of Fort Collins Transportation Planning and the DDA, key staff liaisons (Engineering, Advance Planning, Natural Resources, Utilities and Storm Water, Traffic, etc.), and the HDR team. This team will initiate all design considerations and task execution, providing approval of draft deliverables before presentation to the Primary Stakeholders and Secondary Stakeholders. This team will meet once per month throughout the life of the Project. The Primary Stakeholders will include individual property and business owners within and adjacent to the project area. This team will be selected early in the process to streamline communications between itself and the Core Project Team. Through the public meeting schedule described in this scope, the Core Project Team will present concepts and other deliverables to this team to obtain input and feedback. The Secondary Stakeholders will include key boards and commissions (Landmark Preservation Commission, Natural Resources Advisory Board, Transportation Board, Planning and Zoning Board), the Downtown Development Authority (DDA) and Downtown Business Association (DBA), Chamber of Commerce, City Council, the Colorado Department of Transportation, the Union Pacific Railroad, Environmental Page 2 Protection Agency (EPA) and the general public. These stakeholders will be invited to provide comment through submittal documents and their presence will be requested at the public meetings. The boards and commissions, DDA, DBA, and City Council may also request that the Core Project Team present project progress at various stages throughout the design process, in accordance with the conditions described in Tasks 2.1, 2.2, and 2.3. Deliverables: ➢ Public and Stakeholder Involvement Plan ➢ Summary, of comments and common ideas/key themes received at each public and stakeholder meeting 2.1 — Initial Public Meetings The purpose of these meetings will be to gather information that will assist with the development of the conceptual alternatives. HDR and representatives from the Core Project Team will conduct meetings with individual property and business owners to gather specific information about each of their sites and/or the project in general. This effort will begin as an open house, "Town Hall," format where these property and business owners will be the only invited attendees. In addition to the Town Hall meeting, HDR will reserve one full day for those property and business owners who wish to have a one-on-one meeting with the Core Project Team. These meetings would occur at City offices or on -site at the various businesses/properties and would be held by appointment only. After the Primary Stakeholders meetings have occurred, a public open house for the general public and other secondary stakeholders will take place. The open house will occur within two weeks of the conclusion of the Primary Stakeholder meetings. It is likely that the identified boards and commissions, the DDA and DBA and City Council could request that the Core Project Team present project progress at one of their meetings. HDR anticipates that up to two (2) such meetings could occur following the initial public meetings. Additionally, individual meetings will be conducted with CDOT and the UPRR to discuss any proposed impacts and/or changes to their facilities within the project area. If additional meetings are necessary, they will be attended by Core Project Team (City & DDA) representatives. HDR`s attendance at such meetings could also be requested. The quantity of these meetings will be limited to four (4) throughout the project. HDR will provide presentation materials for these meetings, including the Inventory Map, with the base mapping and aerial photography provided by the City, and the Opportunities and Constraints Map (described in Task 3.2). HDR will also provide comment cards to record public comments. It is anticipated that the City and the DDA will be responsible for advertising the one-on-one meetings and public open house, as well as reserving space for each meeting. HDR will assist in the development of the information that would be included in the advertising. HDR will also assist the City to incorporate this information on the City`s website. Following the public open house, HDR will arrange a Core Project Team meeting to evaluate the information received. Page 3