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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - RFP - P1018 CONSULTING ENGINEERING SERVICES FOR HARMONYPROFESSIONAL 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 Interwest Consulting Group, 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 thirteen (13) 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than March 1, 2008. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. 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 coordination between the Harmony Road Project and other Harmony / College intersection studies such as the Bicycle Lane Project and Access Plans for South College Avenue, and with the Environmental Study being performed by CDOT. Of special concern in this section is the lack of bike lanes. With the completion of improvements from Seneca Street to Mason Street, there will be continuous bike lanes on all portions of Harmony Road except for this section between Mason and College. With the addition of the Mason Street Corridor Trail to the west of the Harmony / College intersection, we anticipate a mixed level of commuter and recreational trail users wanting to then access the businesses near the intersection; therefore, it is important to develop a safe ped/bike system in the very near future. This section has other constraints that will challenge our ability to provide a standard LCUASS arterial section such as the close proximity to several existing structures and the substantial centerline offset through the intersection. The addition of a dedicated right turn lane from east bound to south bound College Avenue would significantly improve the Level of Service on this approach; however, the close proximity of Ultimate Electronics will pose a formidable design constraint. This project will be funded by the Building on Basics sales tax and shall be based on the current LCUASS wherever feasible. It is the intent of the City to only evaluate conceptual designs at this time; however, the City may consider extending this contract at a future date to complete the design. Deliverables • Conceptual Design Report ■ Construction Cost Estimate A detailed scope and fee has been presented for the Conceptual Design Phase of the project. A scope and fee has also been presented for the Preliminary and Final Design Phase. Based on the findings and recommendations developed during the Conceptual Phase, we will work closely with City Staff to confine the scope and fee for the Preliminary Phase and make adjustments as needed. At the conclusion of the Preliminary Phase we will similarly confirm the scope and fee for the Final Design Phase of the project. Should the City desire to extend the contract with the Interwest Team for Preliminary and Final Design Services of Harmony Road between Mason and College and complete design services for the College Avenue intersection, we are prepared and agreeable to provide said services. Fees for these services have not been included at this time. The following sections describe in greater detail the services to be provided for the development of'the plans described above. Traffic Engineering Traffic Study Although some basic traffic data was completed in past years, this study will utilize current traffic counts (provided by the City), standards, and area information such as recent and proposed developments to identify the necessary roadway configurations for all modes of travel. The work will be closely coordinated with City traffic staff, utilizing their existing traffic volume numbers and agreed upon growth for the future. Likely "buildout" volumes will also be determined. Access along the entire corridor will be reviewed and recommendations made for specific changes that would improve the function of the area. Prior to completion of the traffic study, an overall review of access, mobility, and connectivity in the project area will be completed. For instance, this includes review of movements allowed at the intersection of Wakerobin Lane and Shields Street. Since the original work was completed in 2001, Scope of Work Page 10 additional connectivity that was completed in the area may provide an opportunity to improve function along Shields Street. For the intersection of Shields and Harmony, time is included to complete the traditional intersection review typical when comparing signalization versus roundabouts. Coordination with the roundabout designer is also included. Roundabout Analysis Our Team will update the Intersection Alternative Analysis, dated April 2002. The following general tasks will be performed as part this new analysis: Lane Configuration ■ Check capacity performance/geometry and lane configurations through RODEL — Evaluate and design to include adjacent intersections and business access and overall circulation needs of the area. ■ Including lane use and exit flows and pavement markings thru entire system. Design Conegpt(s) ■ Refine/develop preliminary recommended geometry. ■ Ensure feasibility goals and objectives are addressed. ■ Identify lane balance and truck aprons and pavement marking needs. Geometric Layout ■ Check entry path deflection, design vehicle(s), and provisions for minimum pedestrian refuges. ■ Show preliminary pavement markings. ■ Review profiles to determine smooth -safe transitions ■ Check for sightline/sight distance issues. ■ Determine preliminary lighting locations for target illumination. ■ Identify construction staging constraints. Provisions for Vulnerable Road Users ■ Design pedestrian and cyclist facilities based on identified needs. ■ Look into tactile ramp treatments and other crossing details for ADA compatibility. ■ Provide bicycle or shared sidewalks or paths and bicycle lane terminations. Public Process • In order to reach consensus on the roundabout/traditional intersection, it is anticipated that there will be specific tasks required to inform and educate key stakeholders and decision makers. These may include information on roundabouts in general and detailed comparisons of the advantages and disadvantages as compared to a typical intersection at this location. Roundabout Construction Documents (if required) Finalize Layout • Review of vertical design, provisions for vulnerable road users, signs and markings, illumination, landscaping and construction staging. ■ Recheck deflection, design vehicles and sightlines, and make subtle changes in geometry if necessary. ■ Develop pavement elevations/profiles and overland flow paths to provide good central island visibility and appropriate pavement cross -fall. ■ Check stopping sight distances to yield lines, cross -sections, and grading using topographic contours. Scope of Work Page 11 Signage and Markings ■ Include standard regulatory and warning signs. ■ Determine need for map -type or other directional signs, lane designation signs, exit signs, route confirmation signs, etc. ■ Determine need for warning signs at crossings for motorists or pedestrians. ■ Provide yield lines, lane designation arrows, crosswalk markings if necessary, and entry and exit markings. ■ Check lane use balance. ■ Provide spiral striping as required. Landscape and Lighting Design ■ Review planting plans according to sight restrictions. ■ Provide diagram of clear -view areas if required. ■ Specify minimal horizontal luminance as measured along the curbs. Landscape Architecture & Irrigation The Conceptual level plan prepared by JR Engineering was used in developing this proposal. It is assumed that the site will contain approximately 31,000 SF of irrigated landscaped median, and 66,000 SF of right-of-way streetscape irrigation. If a booster pump is required, an additional fee will be necessary for the design and specification of pump equipment. West Harmony Road from Seneca Street to Mason Street ■ Prepare conceptual, preliminary and final streetscape design ■ Work with city and project team to compare and analyze alternatives for streetscape, medians and affects on adjacent properties (assume approximately 13 adjacent properties will be affected by construction) ■ Prepare landscape plans including size and location of plant materials and representative plant list, planting construction details, fencing details, mitigation plans and irrigation plans ■ Prepare outline specifications for landscape items ■ Prepare opinion of cost and bid tab quantities ■ Prepare exhibits for Open House ■ Attend Open House Harmony Road / Shields Street Intersection ■ Prepare 2-3 conceptual landscape alternatives based on road design alternatives. ■ Work with city and project team to compare and analyze alternatives for landscape and affects on adjacent properties and existing vegetation ■ Prepare landscape plans including size and location of plant materials and representative plant list ■ Prepare irrigation plans ■ Prepare outline specifications for landscape items ■ Prepare opinion of cost and bid tab quantities West Harmony Road from Mason Street to College Avenue ■ Prepare 1-2 conceptual landscape alternatives based on road design alternatives • Work with city and project team to compare and analyze alternatives for landscape and affects on adjacent properties ■ Provide landscape narrative and conceptual plans for inclusion in conceptual design report Scope of Work Page 12 Field Investigations Geotechnical Tetra Tech MFG will identify the locations of eighteen (18) test holes, at various locations across the right of way, along Harmony Road within the proposed design area. To minimize conflicts with existing utilities the location of all utility trenches within the work area will be located, we will have the electrical power lines, gas lines, water lines, sewer lines, telephone lines, and cable lines located and marked. The City surveyor will provide the surveying to mark the boring locations and provide Tetra Tech MFG with grade elevations for all bore holes. Tetra Tech MFG will coordinate the drilling of eighteen (18) test holes at locations identified on a map of the work area and agreed upon in advance between Tetra Tech MFG and Interwest. The test holes will be drilled approximately 10 feet deep. Tetra Tech MFG will arrange for traffic control, approved by the City of Fort Collins to be in place during all work within the right of way. We will perform laboratory tests and engineering analysis based on the results of our field and laboratory investigations. Our tests are expected to include: in -place density and moisture; Atterberg Limits and particle size analysis; classification; pH, water soluble sulfate content; and soil strength. We will present our data, opinions, conclusions and recommendation in an engineering report signed by a professional engineer registered in the State of Colorado. Our report will include the following: ■ Logs of the borings, including soil descriptions, classification using the Unified Soil Classification System, penetration values, and water level measurements. ■ Discussion of special conditions ■ Pavement design recommendations; Environmental Funding Conflicts There is a potential problem of separating projects that have common links to the roadway networks and funding them with different funding sources. The Federal Highway Administration (FHWA) could involve the Harmony Road- Seneca Street to Mason Street segment as an important link to the Harmony Road/ Shield Street Intersection improvement. They both deal with increased highway capacity issues. The worst -case scenario could be that FHWA directs the local agency to process an environmental assessment that includes combining both roadway segments into one project area. Solution. Smith Environmental, Inc. (SEI) personnel has the experience in dealing with the FHWA and CDOT with determining reasonable roadway termini, and how each segment can stand alone as a separate project If an Environmental Assessment is required (but at this time SEI does not think this will be needed), SEI can accomplish and complete the entire process if need be. Early coordination with the CDOT and FHWA on this issue is absolutely imperative. SEI will complete environmental studies to obtain permits and clearances for intersection, roadway and drainage improvements associated with the Harmony road improvement project The environmental scope is segregated into three sections based on the roadway sections in the RFP: Seneca to Mason, Harmony -Shields Intersection, and Mason to College. Based on the project site reconnaissance completed by SEI, previous environmental work completed by SEI at the Harmony — Shields intersection, and its extensive knowledge of the application of National Environmental Policy Act (NEPA) to transportation projects, SEI believes that a NEPA document (Environmental Assessment) will not be needed. Scope of Work Page 13 Because the Harmony - Shields intersection is the federally funded portion of the project, it will need to be in compliance with National Environmental Policy Act (NEPA), Colorado Department of Transportation (CDOT) environmental guidelines, and FHWA requirements, as defined by 23 CFR 771 and 40 CFR 1500. SEI will provide individual study reports to the City of Ft. Collins (City) and CDOT, to obtain permits and clearances in support of obtaining a signed Categorical Exclusion (CE) form CDOT. Harmony Road Seneca Street to Mason This segment of the project subscribes a four lane arterial street, making this a highway capacity project, but with no federal funding. The City of Ft. Collins will be addressing any environmental conflicts that come up. If the need arises, SEI can accomplish all the reports/clearances, etc. that may be required. Harmony/Shields Intersection Mandatory Environmental Tasks Hazardous Materials — Initial Site Assessment An Initial Site Assessment (ISA) to identify hazardous substances, petroleum contamination, solid waste, and other potential environmental impacts will be conducted for the project location by SEI. The objective of this ISA is to identify potential environmental risks and liabilities to the project sponsors and construction worker health and safety. This assessment will be accomplished by reviewing written information concerning the past and present uses of the land; reviewing federal and state databases of environmental liabilities and potential liabilities; possibly interviewing current and past land owners; and completing an initial site inspection. This assessment will be accomplished by adhering to CDOT standards. The on -site inspection will start with a visual reconnaissance to search for evidence of on -site and nearby environmental impacts. Information from the visual on -site inspection, from the literature review, and from the Geotechnical reports (to be provided by the County) will be used to draw conclusions and complete the ISA report. Stormwater Discharge Construction Permit and Storm Water Management Plan SEI will prepare a Stormwater Discharge Construction Permit Application including the Stormwater Management Plan (SWMP). The SWMP will detail erosion and runoff control measures, such as a revegetation plan and silt fencing, to prevent surface water quality degradation. Current best management practices (BMP) will be presented. SEI will submit an application for a Stormwater Discharge Construction Permit, accompanied by the SWMP, to CDOT for submittal to the CDPHE. Noise The noise study will be performed in accordance with CDOT Noise Analysis and Abatement Guidelines, December 1, 2002, and FHWA guidelines (23 CFR Part 772). The following specific tasks that will be conducted are presented below. • Task 1: Construct and Validate TNM Noise Model of the Site • Task 2: Assess Noise impact and Analyze Mitigation (if necessary) • Task 3: Prepare Documentation/Meetings Farmlands SEI will identify prime and unique farmlands and complete a farmland report (AD Form 1006). SEI assumes that no prime or unique farmlands will be impacted by the project and that no mitigation planning will be needed. SEI will obtain the Natural resources Conservation Service's concurrence on this report. Harmony/Shields Intersection Optional Environmental Tasks SEI believes the following environmental studies and will also be required based on its reconnaissance of the intersection. These tasks are shown as optional because they are not specifically required by the RFP. Scope of Work Page 14 Archaeological and Historical Resources Survey SEI will follow the procedures to conduct the archaeological and historical resources survey in the project area, to be in compliance with the Section 106 of the National Historic Preservation Act. SEI will prepare a survey report discussing methods, research design, results, historical background, and recommendations. SEI assumes up to three sites will need to be recorded and no significant archaeological or historical resources will be found within the intersection area and, therefore, mitigation will not be necessary. If mitigation is necessary, it will be addressed as a change order. Section 4(f)/6(0 Resources The following activities. shall be performed by SEI: 1) determine if the intersection areas include Section 4(f)/6(f) properties (e.g., parks, recreation, wildlife refuges, recreational land that was acquired through the Land and Water Conservation Fund grants, and historic sites), and 2) determine and evaluate project impacts on these properties using basic roadway engineering data and the necessary commitments for mitigation measures. Prepare an analysis of avoidance and minimization, and discussion of mitigation alternatives considered for indirect or direct impacts to Section 4(f) properties. To obtain Section 4(f) clearance/concurrence, SEI will: 1) Prepare the documentation for 4(0/6(f) clearance, 2) Prepare and coordinate determination with CDOT environmental staff and FHWA, and, 3) coordinate with affected agencies (e.g., U.S. Department of Interior, SHPO, property owners, etc.). Paleontological Resources Survey SEI will gather literature and analyze it to detemvne the likelihood of occurrence of significant paleontological resources present within the project site. Geologic maps and literature will be reviewed to confirm geologic formation in which the fossil has been found. Afield survey will also be conducted. If any resources are found, an analysis to determine their significance will be conducted. A determination of the potential for additional resources will be completed and summarized in a preliminary paleontology report. SEI assumes no significant artifacts will be found within this task area and, therefore, mitigation investigations and a mitigation plan will not be necessary. Migratory Bird Survey SEI will conduct a migratory bird and nest survey. The area around the intersection will be walked to examine each tree for existing nests and birds. A GPS unit will be used to collect sub -meter point locations of these existing bird nests. Existing bird nests will be examined for its size and to see if it was active or inactive at the time of the field observation. Harmony Road- Mason to College This segment of roadway is conceptual in nature and will not involve increasing highway capacity, and no federal funding is anticipated. Because of these conditions, no environmental studies are anticipated. If during the design process, environmental issues surface, SEI has the experienced personnel to deal with any and all of the potential environmental impacts. Acquisitions The first step in the acquisition process (after the affected properties are identified and the appropriate legal descriptions and exhibits are prepared) is the property appraisal process. For the properties that are impacted by the Federal funding of the intersection, the Team will utilize Beverly Phillips with Value Consultants to perform these appraisals. Beverly is well versed with the Federal process and has performed similar services for the City of Fort Collins in the past. Once the appraisals are complete we will move into the actual acquisition process as outlined below. Based on the information provided to us by the City, we believe that the key elements to the right of way acquisition program for this Project will be centered about coordination with Region 4 of the Colorado Department of Transportation regarding the acquisition procedures and expedient performance of our services in order to allow the Project construction to begin in early 2007. Considering this, we believe the following to be an appropriate approach to completion of the work described by the City. Scope of Work Page 15 Initial Project Scoping-Right of Way Management Upon receiving notice to proceed from the City, Western States would meet with the City's Project Manager as soon as practical thereafter to review the key elements of the acquisition program. These meetings may include representatives of the City's co -consultants for engineering, survey and appraisal. We will review compilation and delivery of the following necessary building blocks: ■ Title Commitments including background documentation (provided by the City). ■ Design plans with associated legal descriptions of the right of way acquisition areas. ■ Appraisals and value findings. Coincident or subsequent to this initial review with the City's Project Manager, we plan to meet with representatives of CDOT, Region 4, typically Bob Grube or Mike Morgan, to review the right of way acquisition procedures that are impacted by the Federal and State acquisition requirements. We note that recent revisions to CDOT's Right of Way manual (December 2005) require that Local Public Agencies (LPA) adhere to the procedures set forth in CDOT's Right of Way Acquisition manual. In addition to confirming the specific procedures to be employed on this Project, we will utilize these initial meetings to establish a chain of communication between our office, the City's Project Manager and CDOT Region 4. Federal Right of Way Requirements Particular elements of the Federal and State Right of Way Guidelines have a direct correlation to the conduct of right of way acquisition services and the resulting schedule. During our aforementioned meetings with CDOT, we will identify the specific procedures that CDOT believes are relevant to this Project and incorporate same into our work. Additionally, the NEPA process and development of right of way plans correlate directly with the timing of the acquisition procedures. Right of way plans must be approved by CDOT prior to the completion of appraisals. Once the appraisals are complete, CDOT must issue determinations of fair market value (FMV). We must take into consideration the status of the NEPA process as it may relate to final approvals and designated properties, including 4F designations, historic, etc. and other. Value Findings -.Appraisal Review As the magnitude and nature of the acquisitions are defined, it may be determined that certain parcels qualify for development of value findings in lieu of full narrative appraisals. Smaller Temporary Construction Easements often qualify for this process. Typically, individual acquisitions that result in a value of less than $5,000.00 will qualify for value findings. Provided that there are specific acquisition parcels that appear to qualify for this procedure, Western States will prepare the value findings and submit same to the City and CDOT for inspection and approval. In order to perform value findings, we would coordinate our property value research with the City's Contract Real Estate Appraiser and perform independent comparable property research and property inspections in order to establish a proper value. In the event it is necessary to commence condemnation proceedings on a parcel where a value finding was utilized as a basis of negotiations, it is typical that a full narrative appraisal will need to be prepared. During the appraisal process, Western States typically accompanies the City's appraisal consultant during initial field meetings with the subject property owners. This process helps establish an initial rapport with the subject property owner and will often define issues that will later be addressed during negotiations. Conduct of Negotiations Once we are notified that all conditions precedent to the initiation of negotiations have been completed to the satisfaction of the City and CDOT, Western States will prepare formal statutory Notice of Intent to Acquire and Offer letters. These will be hand delivered or mailed as the individual circumstances may dictate. The Notice of Intent letters will conform to the requirements of Colorado Statutes and will provide a negotiation time frame with each property owner. The Offers will include a summary of the just compensation or a copy of the City's complete appraisal consistent with Federal and CDOT requirements. Scope of Work Page 16 Once the Offers have been issued, Western States will attempt to meet with each property owner and / or their representatives in an effort to establish "Good Faith" negotiations and resolve the acquisition by voluntary settlement. Depending upon the nature of the property owner, these negotiation efforts may include multiple personal meetings or telephone and written correspondence. As set forth in the preliminary schedule attached, we anticipate that at least 30 days should be allowed to provide a reasonable opportunity for the property owner to consider the City's Offer. At the conclusion of the initial negotiation period, in the event a voluntary settlement has been reached, we will present to the property owner a written "Final Offer" restating the City's terms and establishing a final deadline for the negotiation process to conclude. Often, depending upon the specific circumstances involved with the acquisition, we will request that the property owner consider an interim Possession Agreement that will provide the City with the rights to occupy the area necessary for the Project construction while negotiations can continue. Voluntary Acquisitions -Closings Upon obtaining an executed contract by the property owner, the documentation will be forwarded to the City's Project Manager for final review and approval by the City. As contracts are executed by the City, we will work with the City staff to ensure that the City's title and closing consultant receives adequate information and instruction to properly close the transaction and provide good title to the City. We will advise the title company of CDOTs requirements relating to real estate closings. As necessary, we will be available as an interface between the closing agent and the property owner to help facilitate that process. Note that the closing process would normally be required to consummate a contract or an interim agreement such as a Possession and Use Agreement. Condemnation Support In the event the negotiation process discussed above does not result in a final voluntary settlement of the acquisition, Western States will provide to the City Project Manager and legal counsel documentation relating to the negotiations necessary to establish that "Good Faith" negotiations have occurred pursuant to Colorado law. We will assist the City's Project Manager and legal counsel in assembling the necessary information including title work, appraisals, and all negotiation documentation and negotiation logs to facilitate the filing of an action in condemnation. Should a hearing be required in Larimer County District Court to provide Immediate Possession of the necessary property interests for the City to proceed with construction, our negotiator(s) involved with the specific negotiations will attend such hearings and provide testimony as to the "Good Faith" negotiation efforts. Public Outreach Our experience with public projects has taught us that the more effort you put into keeping the public informed the more successful your project will be. We empathize with city officials on how delicate this issue is and how significant it is to the success of a project. It is imperative to identify potential problems and affected interest groups during the early stages of your project and work on honest and professional approaches to develop informed consent and create an environment were citizens feel a part of the decision making process. The potentially affected interest groups/individuals on this project are: ■ Front Range Community College — Class Sessions / Graduations ■ Fort Collins Library — Special Classes/Functions ■ Poudre School District — Bus Routes / Parents / Kids Walking — Riding to School ■ Transfort Bus Route ■ Adjacent and Surrounding Businesses ■ Church — Weddings / Funerals / Masses ■ Vehicle Commuters ■ Bicycle Commuters Scope of Work Page 17 Emergency Services — In case of Emergency Property Owners of potential development properties Property Owners that will not have the same access We have determined how to present the issues to these affected groups and have come up with solutions to reach informed consent and prevent strong opposition and encourage project participation. Public Outreach is critical to making a project successful. Our team accomplishes this by using all or a combination of the following techniques: Open Houses, talking face to face with surrounding owners, distributing informative flyers, sending letters to all owners within a certain distance of the project, provide information to the city manager and city council so they are prepared to answer questions, press releases prior to construction and prior to road closures, weekly newsletters relaying the progress of the project, message boards and specialty signs, and personal emails or phone calls to answer all concerns and questions. Construction Administration Our Team is highly experienced in the Construction Administration of roadway projects such as Harmony Road. Our approach to this project is to construct the improvements under traffic, utilizing inventive bidding methods (milestones, incentives, night work, etc.) to ensure the traveling public and surrounding residents/businesses that the City is serious about finishing the project in a timely manner with minimal disturbance to the public. There will be a need for some lane closures due to utility crossings, temporary detour fly -outs, and possibly some weekend closures for safety issues. We would ask the City of Fort Collins Project Manager to arrange law enforcement to be present during night work operations to protect the Contractor from reckless drivers. Should the City desire to extend the contract with the Interwest Team for Construction Administration services, we are prepared and agreeable to provide said services. Fees for services during the Construction Phase of the project have not been included; however, a detailed scope and fee will be prepared at such time as said services are requested. Scope of Work Page 18 EXHIBIT "C" HOURLY RATE SCHEDULE Hourly Rate Terry Rodri ue, Project Manager $100.00 Bob Almirall, Project Engineer $90.00 Mike Oberlander, Roadway Engineer $85.00 Jon Lofton, Designer $75.00 Martina Wilkinson, Transportation Engineer $90.00 Mark Johnson, Roundabout Consultant $160.00 Angela Milewski, Landscape Architect $105.00 Jim Hines, BHA President $110.00 Michelle Peterson, Irrigation Consultant $75.00 Tom Chapel, Sr. Geotechnical Engineer $125.00 Jason Cumbers, Geotechnical Engineer $90.00 Peter Smith, Environmental Scientist $96.00 Jon Jacobs, Utility Locates $150/Pothole Beverly Philips, Property Appraiser $150.00 Phil Mazur, Acquisition Manager $60.00 Eileen Bayens, Construction Management Manager $85.00 Gerry Montgomery, Field Manager $80.00 `T'he hourly rates listed above will be valid through the end of Calendar Year 2008. Rates for 2009 and beyond will be adjusted based on the Colorado Consumer Price Index differential between 2006 and 2009. Hourly Rate Schedule Page 19 Professional: City: With Copy to: Interwest Consulting Group, Inc. City of Fort Collins, Purchasing City of Fort Collins Attn: Bob Almirall, PE PO Box 580 Attn: Dean Klinger 1218 W. Ash Ste C Fort Collins, CO 80522 281 N. College Ave. Windsor, CO 80550 Fort Collins, CO 80524 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. 5. Design Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 6. 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 Four Hundred Thirty Two Thousand One Hundred Ninety Six Dollars ($432,196) plus reimbursable direct costs in accordance with the hourly rate schedule attached hereto as Exhibit "C' , consisting of three (3) pages and incorporated herein by this reference. All such fees and costs shall not exceed Four Hundred Sixty Four Thousand Four Hundred Forty Six Dollars ($464,446). The parties acknowledge that Subcontractors: North Star Design, Wilkinson, LLC, MTJ Engineering, BHA Design, Inc., Hines Irrigation Consultants, MFG, Inc., Smith Environmental, Colorado Boring, 161 Harmony Road Improvements Seneca Street to College Avenue 1 Project Kick Off Meeting Mon 6/19/06 Mon 6116106 Conceptual Engineering Design Mon 6/19/06 Wed 9/13/06 3 Plan Research & Reviews Mon 6/19/06 Mon 7/3/06 Topographic Survey Base Plan Preparation Mon 6/26/06 Mon 7/17/06 5 Utility Research Mon 6/19/06 Mon 7/3/06 Utility Potholes Mon 7/10/06 Mon 817/06 7 Property Research Mon 6/26/06 Mon 7/24/06 Traffic Study Mon 6/19/06' Mon 7/17/06 Geotechnical Investigation Mon 6/19/06 Mon 7131/06 fO-- Drainage Research Mon 6/19/06: Mon 7/3/06 11 5061. Plans w/ construction Estimate I Mon 7/17/06. Mon 914106 Open House Wed 9113106. Wed 9/13/06 13- Preliminary Engineering Design Wed 9113/06 Wed 12113106 R Preliminary Plans Mon 9/41 6166 Mon 12/4/06 15 Utility Coordination meeting Wed 9/13/06. Wed 9/13/06 f6-1 .. ... ..... Preliminary Drainage Report . ....... ... Mon 10/16/06 ... ...... ... Mon 12/4/06 Construction Cost Estimate Mon 11/6/06, Mon 12/4/06 18 Open House Wed 12/13/06, Wed 12/13/06 19 Final Design - Mon 1214/06 Mon 4130/07 Final Design Plans Mon 12/4/06 Mon 3/5/07 Final drainage Report Mon 12/4/06 Mon 3/5107 Construction Permits ... .. . ....... Mon 3l5l07 Mon 4/2/07 !3 Contract Documents and Specifications Mon 1/29/07 Mon 3/5/07 '4— .. . . ......... ..... .... ... ... Bid Documents Mon 3/5/07*. Mon 3/19/07 25 Pre -Bid Meeting Mon 4/30/07. Mon 4/30/07 26 Special Requirements for the Harmony I Shields Mon 713106 Mon 3119107 27 Environmental Documentation (by' City)- Mon 7/3/O6. Mon-1/8*/-07 28 Hazardous Materials Site Assessment Mon 7/3/06. Mon 7/31/06 29- Stormwater Discharge Permit Mon 12/4/06. Mon 1/8/07 Project: Harmony 2 Task Progress Date: Fri 6006 Split . . . . . . . Milestone Summary ^ External Tasks Project Summary External Milestone Page 1 Deadline toten4YCa :: rc v. t: i % ; n u c, v. •V.::` Harmony Road -Seneca Street to College Avenue Corridor Improvement Design Engineering Fee Estimate Transportation Design Traffic Engineering Landscape and Irrigation Field Investigations Acquisitions Construction Administration Total Hours Per Task Labor Cost Per Task ted ReEEstimastima ables Total Cost Per Task Engineering Services Project Manager Project Engineer Roadway Engineer Designer Traffic Engineer Roundabout Consultant Signal Designer Landscape Architect Irrigation Engineer Designer Sr, Geotech Engineer Geotech Engineer Environmental Scientist Environmental Engineer Utility Potholes Appraiser Acquisition Manager Construction Manager Field Manager $100.00 $90.00 $85.00 $75.00 $90.00 $160.00 $100.00 $105.00 $75.00 $70.00 $125.00 $90.00 $96.00 $68.00 $150.00 $150.00 $60.00 $85.00 $80.00 Conceptual Design Conceptual Design Research (Utilities, R.O.W., Site Visit, etc.) 4 8 8 16 2 38 $ 3,170.00 $ 3,170.00 Utility Locates and Potholes (300 Assumed) 8 300 308 $ 45,600.00 $ 3,000.00 $ 48,600.00 Gconchnical Investigation 16 40 56 $ 5,600.00 $ 9,500.00 $ 15,100.00 Traffic Study 82 82 $ 7,380.00 $ 100.00 $ 7,480.00 Environmental Documentation 116 220 336 $ 26,096.00 $ 750.00 $ 26,846.00 Landscape Plans 24 160 184 $ 13,720.00 $ 13,720.00 Conceptual Drainage Report 4 20 4 28 $ 2,360000 $ 2,360,00 Initial BNSF Railroad Meeting/Coordination 2 4 6 $ 560.00 $ 560.00 Initial Federal Process Appraisal and Acquisition Meetings 25 25 50 $ 5,250.00 $ 5,250.00 Intersection Alternative Analysis 4 4 16 10 42 76 $ 9,740.00 $ 9,740.00 Arterial Design - Seneca to Mason 8 8 16 40 3 8 83 $ 6,830.00 $ 1,000.00 $ 7,830.00 Arterial Design - Mason to College 4 4 16 20 3 8 1 55 $ 4,570.00 $ 1,000.00 $ 5,570.00 Arterial Desi n-Harmon / Shields Intersection 8 1 8 1 20 40 3 8 87 $ 7,170.00 $ 1,000.00 $ 8,170.00 En incces Cost Estimate 4 60 64 $ 5,500.00 $ 5,500.00 City Meetings (Bi-week)) 24 24 24 24 8 104 $ 9,080.00 $ 9,080.(10 Public Mcetings/Open House 40 24 10 10 8 6 8 106 $ 9,790.00 $ 500.00 $ 10,290.00 TOTAL COT C'EPTUAL I)ESI - . $8 �' 130 ? 162 ., 1091 , A2r '. 0 3 :)' '4 t60 ' 16 dd 116 ,. 220 300 25:°. 2i )ai13 0' " �;i 3 '.. Preliminary Design Arterial Design - Seneca to Mason 24 40 80 120 4 268 $ 22,160.00 $ 4,000.00 $ 26,160.00 Arterial Design- Harmony/ Shields Intersection 24 40 80 120 4 48 316 $ 29,840.00 $ 3,000.00 $ 32,840.00 Railroad Crossing Exhibit 2 4 4 24 10 44 $ 3,550.00 $ 3,550.00 Landscaping Plans 20 170 190 $ 14,000.00 $ 14,000.00 Irrigation Design 4 4 $ 300.00 $ 200.00 $ 500.00 Preliminary Drainage Report 4 20 24 $ 2,060.00 $ 2,060.00 Property and R.O.W. Exhibits 40 40 $ 3,W0.00 $ 3,000.00 Federally Funded Property Apprinsals (6 Assumed) 250 250 $ 37,500.00 $ 37,500.00 Federally Funded Pro Acquisitions (6 Assumed) 475 475 $ 28,500.00 $ 28,500.00 En incer's Cost Estimate 4 110 114 1 S 9,750.00 $ 9,750.00 City Meetings (Bi-weekly) 24 24 24 24 8 104 $ 9,080.00 $ 9,080.00 Public Mcctin s/Open House 4 4 4 4 8 24 $ 2,080.00 $ 500.00 S 2,580.00 Final Design Arterial Design - Seneca to Mason 24 40 80 120 264 $ 21,800.00 $ 4,000.00 $ 25,800.00 Arterial Design- Harmony/ Shields Intersection 24 40 80 120 50 314 $ 29,800.00 $ 3,000.00 $ 32,800.00 Landscape Plans 12 180 192 $ 13,960.00 $ 13,860.00 Irrigation Design 104 150 254 $ 18,300.00 $ 200.00 $ 18,500.00 Traffic Signal Plans (not required w/ Roundabout Alternative) 0 $ - $ Bidding Assistance 4 16 8 8 36 $ 3,120.00 $ 3,120 00 Final Drainfissic Reports 8 40 4 52 $ 4,420.00 $ 4,420.00 En incer's Cost Estimate 4 60 64 $ 5,500.00 $ 5,500.00 JCity Mcctin s (Bi-weekly) 24 24 24 24 8 104 $ 9,080.00 $ 9,080.00 Public Meetings/Open House 4 4 4 4 8 24 $ 2,080.00 $ 500.00 $ 2,580.00 A detailed scope and fee has been presented for the Conceptual Design Phase of the project. Based on the findings and recommendations developed during the Conceptual Phase. we will work closely with City Staff to confirm the scope and fee for the Preliminary Phase and make adjustments as needed. At the conclusion of the Preliminary Phase we will similarly confirm the scope and fee for the Final Design Phase of the project. Value Consultants, Western States Acquisitions, and White Pine Consulting 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" 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. 7. 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. 8. 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. 9. 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 3 monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 4 15. 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. 16. 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. City Clerk Attorney THE CITY OF FORT COLLINS, COLORADO By. FJ J mes B. O'Neill II, CPPO, FNIGP Direc f Purchasing & Risk Management 0 in Title: T/(-e5ID A 7 CORPORATE PRESIDENT OR VICE PRESIDENT Date: I' I - DtP (Corporate Seal) 5 EXHIBIT "A" SCOPE OF WORK General Project Scope There are three main components to this project as outlined below: Conceptual, Preliminary, and Final Arterial Roadway Design for West Harmony Road from approximately 600-feet east of Seneca Street to Mason Street Conceptual Design This section of the corridor was evaluated as a 4-lane arterial design in 2001 and several members of the Interwest Team played critical roles in that analysis. Now our Team will advance those concepts based upon up to date traffic counts and enhancements made to the corridor. As this portion of the project is partially funded by the Building on Basics sales tax and partially by the Street Oversizing Development Fees, it is intended for the plans and specifications to be based on the current Larimer County Urban Area Street Standards (LCUASS) and to generally meet typical City standards. The initial phase of this project will be the data gathering and research. Although the Interwest Team is intimately familiar with the corridor, it will be important to update all background information relative to utilities, drainage, survey, property ownership, traffic counts, geotechnical and environmental impacts, access, transit and railroad requirements. One of the most vital scheduling aspects of a roadway project is to make sure that all the utilities within the project limits are relocated in a timely manner to allow the contractor to construct the improvements without delay. This is accomplished by having all utilities potholed and identified in the construction documents to verify their location and to determine if the depth or alignment creates a conflict with proposed crossings or the proposed pavement section. We propose to obtain potholes across the roadway at 100 foot intervals. Based on an average of 5 utility crossings per section we estimate approximately 300 potholes for the project component ending at Mason Street. The City may still require the contractor to pothole all utilities when they are under construction even though this information has been gathered. Once the utilities have been potholed, individual field meetings are scheduled with both public and private utility companies to go over the project scope and provide enough time for them to schedule their relocations, provide new services for new developments, upgrade their systems, and place conduits for future crossings. We encourage them to think ahead of development so there are no reasons to cut into the newly constructed roadway for utility issues. We will host a Utility coordination meeting with all the utility companies so they can coordinate their schedules and work within joint trenches if applicable. We assist them in identifying which utilities must be relocated and will create a conflict with the construction schedule prior to commencement. It is assumed for this proposal that the City will order and provide Title Work for all affected properties along the corridor; however, the Interwest Team can lead this process if so requested by the City. The City Surveyor will provide the topographic and real property information from field findings and County Records for our Team to prepare the digital terrain model and property base map. Interwest will work as an extension of the City staff throughout this process in order to evaluate and reach consensus on the critical design elements of this phase such as horizontal roadway geometry, roadway typical cross -sections, construction phasing, schedule, utility, drainage and right-of-way requirements, and cost estimates. The cost estimate will be consistent with the varying requirements of the multiple funding sources. Scope of Work Page 6 During this phase, Interwest will work together with the City to lay the groundwork for a successful public process. This is anticipated to include creating a list of all key stakeholders, holding "introduction" meetings with all of the adjacent land owners, and presenting the recommended design, cost, and schedule to the City's Boards and Council. Other key stakeholders requiring on -going coordination throughout the design include CDOT, Front Range Community College, Burlington Northern Railroad, and third party utilities. Conceptual Design Deliverables ■ Conceptual (50%) Plans ■ Traffic Study ■ Geotechnical Investigation w/ Pavement Design Report ■ Utility Pothole Maps ■ Land Ownership and Land Acquisition Need Maps ■ Conceptual Construction Cost Estimates ■ Detailed Monthly Progress Reports ■ Project Meeting Minutes ■ Open House Exhibits Preliminary Design Once we have agreed upon the preferred alignments, the preliminary design will commence. During the preliminary design we will prepare plans showing the horizontal and vertical alignments, right-of-way needs, utility installation and relocation designs, signal relocation (if required), grading and erosion control design, drainage plans and reports, landscaping and irrigation. Preliminary roadway cross sections will also be provided. This level of detail will allow for quantity takeoffs and cost estimating and give us a tool for further discussions with affected property owners. At this time, it is often useful to layout much of the project in the field as this helps to identify issues that may have been missed during the preparation of the preliminary plans. Our Team is well versed with the identification and acquisition of right-of-way and easements and will coordinate with the City Surveyor who will prepare the necessary exhibits and legal descriptions, and City Real Estate Services who will spearhead the acquisition of properties not affected by Federal funds. Our Team is also comprised of professionals with expertise in the area of Appraisals, Negotiation and Acquisition for the Federal funded portions of the project. We will assist the Real Estate Services Department by meeting with the surrounding owners once a conceptual/preliminary design is complete to provide information regarding the changes in their frontage and access. We review technical information regarding easement and/or take areas, discuss the project scope and how it will affect them during construction, listen to their needs to assure the least amount of impact to their property, and continuously inform them on the project's progress. We will prepare "Mitigation Plans" or a similar document where appropriate to easily convey all of the proposed changes and impacts to the property owners. We will provide a detailed cost estimate using the Colorado Department of Transportation numbering system and Standard City of Fort Collins Bid Formats with competitive unit prices from our data base. The estimate will include all bid items as well as the miscellaneous project costs to provide the City of Fort Collins with an accurate project budget. We have many years of experience in splitting the responsibilities for adjacent developing properties as well as other participating departments. We also have experience in managing projects with different funding sources. Our team is equipped with advanced total estimating programs similar to those used by the local roadway contractors for estimating Scope of Work Page 7 bid quantities. We go beyond the typical line items listed on the engineering plans and include other line items that would normally result in a change order. Due to our many years of experience in constructing public roadways, we know what to look for that could invite a change order request. We believe the key to a great bid is investing a lot of time defining the scope of the project and the ability to foresee issues that could add to the scope of the project. Preliminary Design Deliverables ■ Preliminary (75%) Plans (3 full size and 11 half-size sets) ■ Preliminary Drainage Report ■ Preliminary Construction Cost Estimate ■ Detailed Monthly Progress Reports ■ Project Meeting Minutes ■ Open House Exhibits Final Design Once the preliminary design phase is complete we will proceed with the preparation of final plans for bidding and construction. The plans for this component will be in compliance with the LCUASS. Our team believes in thinking outside of the box and looks at different approaches to completing the project under budget and on time. We have experience in putting together special bids such as: incentive bids, cost plus time bids, milestone bids, aggressive schedules, and lowest -responsible bids with work day schedules. We have found that the public really appreciates the City going above and beyond to make sure the impacts to the traveling public and surrounding businesses, schools and residential areas are minimized through creative bidding. The construction specifications will consist of the necessary Standard Special Provisions and Project Special Provisions to the "Standard Specifications for Road and Bridge Construction", used by the City and CDOT. We will ensure that the Special Provisions are unique to the project and cover all items listed on the bid that need to be explained to the Contractor to clearly define what is expected and what should be included in the unit prices. Our Team will create quality bid documents that are clearly defined, with accurate construction items producing a project that is straightforward to bid and construct. We will create a design that incorporates all facets of the project that will be constructed. This will help eliminate confusion during the coordination and review process. Once the design has been completed and approved, the design team will create construction plan sets for the different phases of the project. This project will need to be separated into at least two construction sets: 1) The surface work for the intersection, including the median noses and pedestrian access landings, and 2) The remainder of the project (including all utility relocates/upgrades in the intersection) showing the intersection for reference only. The intersection design must be separate to save the City of Fort Collins money on the project, given that it is a CMAQ funded portion of the project, the bid documents must be in CDOT format and the unit prices will include Davis Bacon Wages. We have experience in applying for all local government, state and federal construction permits necessary to complete the project and have experience in coordinating with the railroad and ditch companies in the surrounding areas. Our team will assist the City of Fort Collins in preparing the Pre -Bid Meeting. Our Pre -Bid Meetings generally consist of a power point presentation that is split into two segments: The first covers the general requirements for the project and the second section goes over all of the items found on the bid Scope of Work Page 8 with photographs showing existing conditions. Packets are handed out to all attending contractors made up of all of the power point slides along with note areas for comments during the presentation. Our team will attend the bid opening and immediately follow up with a complete evaluation of the Contractor bids. We will prepare a computerized bid tab and check for accuracy once the documents are available. After the contract has been awarded, we will coordinate a pre -construction meeting involving all necessary utility companies, City and State officials. Final Design Deliverables ■ Final (95%) Plans (3 full size and 11 half-size sets) ■ Bid (100%) Plans (1 Mylar signed/sealed set and electronic files) ■ "For Construction" Plans (1 Mylar signed/sealed set) ■ Final Drainage Report ■ AutoCAD Design Drawings for City Construction Staking • Final Construction Cost Estimates ■ Contract Documents and Specifications ■ Detailed Monthly Progress Reports ■ Project Meeting Minutes Arterial -Arterial intersection design for the Harmony / Shields intersection The majority of the project research and conceptual deliverable items noted above will also cover the needs for the Harmony / Shields intersection. The project limits are noted as being along Harmony Road from Starflower Drive to Regency Drive and along Shields Street from Wakerobin Drive to Clarendon Hills Drive. As this project is partially funded through a CMAQ grant, the contract documents will need to be prepared in CDOT format and the right-of-way acquisition process will need to meet all applicable State and Federal regulations. As outlined throughout this proposal, our Team is skilled and prepared to assist the City with all aspects of the design of the intersection alternatives, including traditional signalized intersection and roundabout analyses, environmental assessments and right-of-way acquisitions. Our project approach will be to design this intersection concurrently with the arterial design of Harmony Road in order to effectively evaluate and design the overlaps between the two projects. Therefore, plans and exhibits will be prepared showing the entire corridor. Once plans are ready for formal review submittals the plans will be split into the projects with the appropriate format and details. Deliverables ■ Updated Intersection Alternative Analysis ■ Conceptual (50%) Plans ■ Preliminary (75%) and Final (95%) Plans (3 full size and 11 half-size sets of each) ■ Bid (100%) Plans (1 Mylar signed/sealed set and electronic files) ■ "For Construction" Plans (1 Mylar signed/sealed set) ■ AutoCAD Design Drawings for City Construction Staking ■ Conceptual, Preliminary and Final Construction Cost Estimates ■ Contract Documents and Specifications ■ Detailed Monthly Progress Reports ■ Project Meeting Minutes Conceptual Roadway Design for West Harmony Road from Mason Street to College Avenue The intent of this project is to conceptually evaluate upgrading the existing Harmony Road street section to Arterial Standards between Mason Street and College Avenue. This will require extensive Scope of Work Page 9