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HomeMy WebLinkAboutRFP - P1124 CIVIL ENGINEERING ANNUALADDENDUM No 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of P1124 Civil Engineering Annual OPENING DATE April 24 2008 (Our Clock) 3 00 P M To all prospective bidders under the specifications and contract documents described above the following changes are hereby made CHANGE • The UDBE goal for this contract has been changed to 15% • The City can receive files no larger that 25MB • Attached herein the Pre -bid Attendance Please contact John D Stephen CPPO Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where l onewal Is a way of life A noxious weed survey and management plan will be completed if directed by R4 Environmental staff Noxious weed surveys and management plans will only be completed if there is a heavy weed infestation Senate Bill 40 Senate Bill 40 requires any state or state funded project to obtain wildlife certification from the Colorado Division of Wildlife when construction is planned in any stream streambanks or tributaries either under CDOT Programmatic protocol or a formal request if required Documentation will consist of the letter sent to the Colorado Division of Wildlife under the Programmatic agreement or a response from the Colorado Division of Wildlife if a formal request was made Hazardous Materials An initial site assessment using CDOT form 881 will be conducted to determine if any hazardous materials may exist in the project area If upon this assessment hazardous materials were found to exist in the area CDOT will determine whether a Phase I Site Assessment will be required A Phase I Site Assessment (if necessary) will be conducted in accordance with ASTM E 1527-05 Standard Practice for Environmental Site Assessments Phase I Environmental Site Assessment Process Storm water Discharge Permit Associated with Construction Activity (CDPS) During construction if one acre or more of earth disturbance is anticipated a CDPS permit is required A Storm Water Management Plan (SWMP) is one of the requirements for the CDPS permit All SWMP s must be approved by R4 region environmental CDOT must approve any seeding mix used for revegetation within CDOT right of way Air Quality A Hot Spot Analysis will be completed on signalization projects if the project occurs in a maintenance/non-attainment area Noise Analysis A noise analysis will be conducted if the project is adding capacity or significantly changing current roadway design The analysis will be compatible with 23 CFR 772 Procedures for Abatement of Highway Traffic Noise and Construction Noise Federal -Aid Policy Guide Transmittal 19 10-16- 1997 Subchapter H — http //www fhwa dot gov/legsregs/directives/fapq/cfr0772 htm and the procedures outlined in the CDOT Noise Analysis and Abatement Guidelines December 1 2002 or most recent version Preliminary Engineering Design The deliverables for the preliminary design phase will be a refined detailed set of design plans and specifications(approximately 75% CDOT format Components of the design will at a minimum include horizontal and vertical alignment right of -way needs existing utility locations utility conflicts modifications and relocations landscaping drainage and detailed cost estimates The consultant will verify both the vertical and horizontal locations of all utilities through potholing The consultant will be responsible for coordinating with the Project Manager to schedule the City survey crews to survey in the potholed utilities • The consultant will arrange a Utility Coordination Meeting with all utilities impacted by the project Individual meetings with each utility may also be necessary All utility conflicts must be identified and preliminary relocation and removal plans must be coordinated through the appropriate utility companies • The consultant will be required to coordinate with the City Surveyor and City Real Estate Services for the identification and acquisition of right-of-way and easements The City Surveyor will prepare the right-of-way and easement exhibits and descriptions • The Consultant Teams shall include personnel qualified to complete the Federal acquisition process This includes but is not limited to appraisals right of way plan preparation and negotiations • All geotechnical investigation services required for the design of this protect will be provided by the consultant These services will include subsurface exploration for the roadway soils report and a pavement design report Testing for sulfates may be required • The consultant must provide detailed written monthly progress reports and minutes of protect meetings throughout the duration of the design The progress reports will be part of the billing submitted monthly throughout the entire protect • At the completion of this phase the consultant shall provide the City with up to three (3) full size and eleven (11) half-size sets of review plans The plans should be approximately 75% complete • The consultant shall prepare a construction estimate with as much detail and accuracy as possible Final Design • During this phase the consultant will be required to provide complete detailed design plans for the protect The scale of all full size drawings should be no smaller than 1 =20 and be in compliance with the Larimer County Urban Area Street Standards • The consultant will be required to prepare all applications for necessary design approval or construction permits • The consultant will be required to prepare contract documents and specifications The contract documents will contain the standard City EJCDC General Conditions • Near the completion of final design the consultant shall provide the City with up to three (3) full-size and eleven (11) half size sets of review plans cost estimate and specifications The plans should be approximately 95% complete The consultant shall implement comments from the City and other affected agencies and incorporate necessary modifications into the final set of bid documents The consultant shall provide the City with final bid documents in electronic format as well • The consultant shall also provide to the City Surveyor a design drawing in AutoCAD in a City compatible version that contains all of the design elements contained in the plan set which will allow the City survey crews to provide construction staking This drawing must maintain the coordinate base established during the initial topographic survey (e g horizontal and vertical alignments) • During protect bidding the consultant will attend the protect Pre -Bid Meeting and provide bidding assistance prior to the bid opening The consultant will also assist in evaluating contractor bids • The consultant will revise the bid plans as necessary based on addendums or discrepancies noted and issue a full size (24 x 36 ) original P E stamped and signed Mylar plan set and specification book These plans will be produced after the contractor has been selected and the plans will be noted For Construction Construction Administration — Depending on City staff workload and other factors the City may elect to extend the Contract for the selected Consultant to perform Construction Administration assistance Anticipated tasks may include the following • Submittal review and field inspection The Resident Protect Representative must be qualified and pre -approved by the City • Preparation of weekly progress reports as well as daily logs • The consultant may also be required to produce as constructed drawings on Mylar P E stamped and signed at the completion of the protect Final drawings shall also be submitted on compact disk All material submitted at the completion of the protect shall become property of the City of Fort Collins Proposals shall include a section dedicated to the proposing team s experience willingness and qualifications to perform Construction Administration duties The City requires that Consultants maintain contract -established billing rates for this extension Project Schedule It is expected that the design of this project will begin in the summer of 2008 and be completed by early 2009 The City s goal is to have the construction completed in 2009 On -Call Card Engineering Design Drafting and Surveying Services The Consultant will work closely with City Protect Managers to design and/or draft conceptual preliminary and final improvement plans Some protect specific surveying may also be required to facilitate the design The Consultant will be responsible for producing plan documents under the direction of a City Protect Manager The plan documents will consist of but not be limited to the following removals plan views profile views cross sections general notes specifications construction notes and details suitable for construction The Consultant may also assist in the roadway alignment calculation of plan quantities plans required for right of way acquisition and other work related to producing plan documents It is essential that the successful Consultant be familiar with the Larimer County Urban Area Street Standards (LUCASS) and CDOT requirements and procedures Additional requirements may include • Researching existing panel and right-of-way boundaries legal descriptions easements water rights etc • Creating displays and graphic representations of various design protect elements for meetings and/or City Council hearings • Attend coordination and review meetings public meetings property owner meetings • Coordination with other consultants (geotechnical bridge etc ) When the City provides survey data that data will be provide in an ASCII file — comma delineated format (point number northing easting elevation description) For new protects the Consultant may be required to provide design drafting and/or surveying services In such case the Consultant will work closely with a City Protect Manager to produce the best possible design and within the budget constraints associated with that protect Survey data is usually collected by City crews however there may be certain instances where the Consultant will be required to collect their own survey data because of City staff s workload The City does not require a specific design software to be used but final drawings shall be submitted to the City in AutoCAD Our anticipated need for design and drafting work is expected to be on an as needed basis The Consultant should expect that services required for individual projects could range up to 500 hours depending on the complexity of the protect(s) The City is seeking Consultants that can excel at delivering protects with complex requirements (City and CDOT Standards Federal Funding publicly controversial protects etc ) Equally important is the Consultants ability to quickly efficiently and cost effectively complete small straightforward protects III INSTRUCTIONS TO THE CONSULTANTS E-Mail submittal shall to e-mailed to Istephen(o)fcgov com If submitting a written proposal please send five (5) copies of your written proposal to the Purchasing Office P O Box 580 Fort Collins Colorado 80522 or deliver to Purchasing 215 North Mason Street 2nd Floor Fort Collins Colorado 80524 on or before 3 00 p m (our clock) March 18 2003 Proposals should be kept to 40 total pages or fewer Please include the following in your proposal • Resumes for all members of your firm who are proposed to provide the actual services Resumes should include the persons name title or job classification qualifications and experience related to roadway design computer drafting and/or surveying and specify the length of service with your firm • References for your firm • A list of computer hardware and software available to your surveyors technicians and engineers which they can use efficiently • A statement as to the amount of time they could be available for the next four to six months Planned Consultant Selection Schedule • Pre Proposal Meeting April 141h 2008 10 AM • Due to Purchasing April 24th 2008 • Interviews with Finalists Week of May 19th 2008 • Final Selection Week of May 19`h 2008 • Negotiation Week of May 26`h 2008 IV SELECTION CRITERIA AND METHOD Review and Assessment Professional firms will be evaluated on the following criteria These criteria will be the basis for review of the written proposals and interview session The rating scale shall be from 1 to 5 with 1 being a poor rating 3 being an average rating and 5 being an outstanding rating WEIGHTING FACTOR QUALIFICATION STANDARD 20 Scope of Proposal Does the proposal show an understanding of the project objective methodology to be used and results that are desired from the project? 20 Assigned Personnel Do the persons who will be working on the project have the necessary skdls9 Are sufficient people of the requisite skills assigned to the project? 1 0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1 0 Motivation Is the firm interested and are they capable of doing the work in the required time frame9 30 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 10 UDBE is the primary firm a UDBE or has the primary firm submitted UDBE participation that meets or exceeds UDBE goal for the project Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria The evaluation rankings will be labeled Satisfactory/Unsatisfactory QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study did it meet the Scope of Work? b) If Professional administered a construction contract was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? V TERMS AND CONDITIONS The payment for services as described under the Scope of Services shall be based on unit prices hourly rates and reimbursement rates (at cost) for completed services The agreement will be effective for a period of one year from the date on the Services Agreement and may be renewable for four (4) additional one year terms (one year at a time) at the option of the City and if the Consultant is agreeable to the same terms as contained herein Prices shall remain the same for the first renewal term A price increase may be negotiated for subsequent renewals The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide Billings and payments will be made using the prices listed on the agreed to Price Schedule In the event that a service is requested which is not listed on the Price Schedule the Consultant and the City will negotiate an appropriate unit price for the service A copy of the City standard Professional Services Agreement is attached ADDENDUM A FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include A The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions The requirements of 49 CFR 18 include, without limitation 1 the Local Agency/Contractor shall follow applicable procurement procedures as required by section 18 36(d), 2 the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18 30, 3 the Local Agency/Contractor shall comply with section 18 37 concerning any subgrants, 4 to expedite any CDOT approval, the Local Agency/Contractor's attorney or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18 30 change order procedures, and with 18 36(d) procurement procedures, and with 18 37 subgrant procedures as applicable, 5 the Local Agency/Contractor shall incorporate the specific contract provisions described in 18 36(1) (which are also deemed incorporated herein) into any subcontract(s) for such services as terns and conditions of those subcontracts B Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $1(1,000 by grantees and their contractors or subgrantees) C Thf, Copeland "Anti -Kickback" Act (18 U S C 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair) D Thf, Davis -Bacon Act (40 U S C 276a to a 7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation This act requires that all laborers and mechanics employed by contractors or sub contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor) E Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C 327 330) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts awarded by grantees and subgrantees in excess of $2,000 and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) F Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U S C 1857(h), section 508 of the Clean Water Act (33 U S C 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000) G Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L 94-163) H Office of Management and Budget Circulars A 87, A-21 or A 122, and A-102 or A-110 whichever is applicable I The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728 These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted programs J 42 USC 6101 et seq 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C F R Part 80 et seq These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds, K ThL Americans with Disabilities Act (Public Law 101 336, 42 USC 12101, 12102, 12111- 12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611 L ThL Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100 17, 101 Stat 246-256) (If the contractor is tcquinng real property and displacing households or businesses in the performance of this contract ) M Thf, Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq ) N Thf, Age Discrimination Act of 1975, 42 U S C Sections 6101 et seq and its implementing regulation, 45 C F R Part 91, Section 504 of the Rehabilitation Act of 1973, 29 U S C 794 as amended, and implementing regulation 45 C F R Part 84 O 23 C F R Part 172, concerning "Administration of Engineering and Design Related Contracts" P 23 C F R Part 633 concerning "Required Contract Provisions for Federal -Aid Construction Contracts" Q 23 C F R Part 635, concerning "Construction and Maintenance Provisions R Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof APRIL 1980 Nondiscrimination Provisions In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor for itself, its assignees and successors in interest agree as follows A Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49 Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations") which are herein incorporated by reference and made a part of this contract B Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations C Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin D Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information E Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate including but not limited to 1 Withholding of payments to the Contractor under the contract until the Contractor complies, and/or, 13 2 Cancellation termination or suspension of the contract in whole or in part F Incorporation of Provisions The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States 14 ATTENDANCE RECORD PREBID CONFERENCE Project P1124 Civil Engineer Annual Time 10 00 amDate April 14 2008 Location 215 N M T R PRINT NAME PRINT ason DDRESS raining oom TELEPHONE FAX # E-MAIL ADDRESS FIRM NAME 13(bZ3 P ;?Y6n G�vr0nlnjekt�- 10606 w �e� el/ 3e3 -c �b3 -9�� Lvlki� ee) Ave 0- LO Nc C g 11cer vl� �e�o (� v� J l jZo�PY 'a" �l� Gil SCO7I l��lSOn �( CoMPA�w_ 9`,Sug Zboot 5cof> W0.+e✓Man® (.)o�er�no ✓. f -2�D3 51)1-/Lz7 3o3 297-&f 93 W ISGACO eoM Ron Ntes SF ScJoorld 589E 526ppS-� 303797-IZO(D 303797-1187 rnles @ jfsa+o corn Assocrc4es L14Won co SoIzD 494N S00S E Lai TCOIV vc�we �c�1 Qilcrc� S A N Sr 97o-z3Z-9(,19 3o3-zzl-'fuij abo�ss�lo�� r��� w CP,i �^ L �10 1 lZ �— Kws.�ti� r�� I Q I � q ld 3 as i �d -� 3c3 �G��u�i`�nn.✓ C _�v✓ ✓1 Ll 76U ��` 1 it vl JP " D0. Li�dr� PgSEJ 46o1 Dr(. 81-d S03 ZZ,-7L7,, 3v3 Lit 7Z76 b�,ddlc 6r6s� Coh- ?1/C Dtl , (0 807-37 rLtc Jvk. s,Pv, ALM 35 .3d7-&37--1,W7 J° ne�avr� . uir t�tyercrtc7 tJ>� ATTACHMENT LO Certification for Federal -Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that No Federal appropriated funds have been paid or will be paid by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract grant, loan, or cooperative agreement If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying " in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly Required by 23 CFR 635 112 15 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR CMS # Anticipated Location(s) Project# Sheet PROJECT SPECIFIC (PS) of Contract DBE Goal Will Your DBE % Meet The Goal (box C) CONSULTANT CONTRACTS % ❑ YES ❑ No insu ucuuns For Prime Consultant An Cffiaer of the consultant must complete and submit an original copy of this tone as part of the Commendation Section of your PS contract Statement Of Interest (SOI) Submit a separate CDOT Form #1331 for each proposed DBE Atta h a signed Letter of Acceptance and copy of DBE certificate from each DBE firm Retain a photocopy for your records (NOTE See 49 CFR part 26 55 and the DSE Definitions and Requirements section of the contract for further information concerning counting DBE participation toward the contract s DBE goal ) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY DBE SUBCONSULTANT REQUIRED ATTACHMENTS ❑ Letter of Acceptance ❑ DBE certificate A) What percentage of the overall contract is this proposed subcontract supply/vendor contract OR service/broker contract? NOTE Calculate % based on actual s,uboontractor dollars and not prime contract prices Only report °6 amounts A> that are eligible for counting toward the contract goal (See DBE Definitions and Requrremertts in contract) (See B) iA hat is the total percentage ialue of proposed DBE participation from prior sheetsKormsv B> aka C) What is the accumulative percentage value of the overall contract that is committed to DBEs? C-[A + B] C> 0/0 I certify that • my company has accepted a proposal from the DBE subconsultant named above • my company has notified the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached) my company s use of the proposed DBE subconsultant for the items of ivork listed above is a condition of the contract award my company will not use a substitute DBE subconsultant for the proposed DBE subconsultant s failure to perform under a fully executed subcontract unless my company complies with the DBE Definitions and Requirements section of the contract • In addition if my company does not meet the intended DBE goal for this contract and is unable to document adequate good faith efforts I understand that my company will receive a poor contract performance rating from COOT which will negatively impact the scoring of our Statements Of Interest (SOI) on future COOT contracts I declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made on this document are true and complete to the best of my knowledge COMPANY NAME DATE COMPANY OFFICER SIGNATURE TITLE COOT Form 1331 1105 16 Mulberry Street Laurel Street v >. CU r C J Drake Road 0 Harmony Road ♦% ♦/ __j Intersection Improvements Project Mulberry & Shields Laurel & Shields Lemay & Drake Harmony & Lemay Vicinity Map 0 Intersection Locations 17 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 hereinafter referred to as Professional WITNESSETH In consideration of the mutual covenants and obligations herein expressed it is agreed by and between the parties hereto as follows 1 Scope of Services The Professional agrees to provide services in accordance with any project Work Orders for issued by the City A blank sample of a work order is attached hereto as Exhibit A consisting of ( ) pages and is incorporated herein by this reference The City reserves the right to independently bid any protect rather than issuing a Work Order to the Professional for the same pursuant to this Agreement 2 The Work Schedule The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order 3 Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order Time is of the essence Any extensions of any time limit must be agreed upon in writing by the parties hereto 4 Contract Period [Option 1] This Agreement shall commence 200 and shall continue in full force and effect until 200 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods Renewals and pricing changes shall be negotiated by and agreed to by both parties The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a In guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 4 Contract Period This Agreement shall commence 200 and shall continue in full force and effect until 200 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver Boulder CPI U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 5 Early Termination by City/Notice 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 address Professional With Copy to In the event of any such earlv termination by the Citv the Professional shall he nairl fnr A.virpc 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 6 Design, Protect Insurance and Insurance Responsibility The Professional shall be responsible for the professional quality technical accuracy timely completion and the 19 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 attorney s 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 $ combined single limits and errors and omissions insurance in the amount of 7 Compensation In consideration of services to be performed pursuant to this Agreement the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit B consisting of ( ) page(s) attached hereto and incorporated herein by this reference At the election of the City each Work Order may contain a maximum fee which shall be negotiated by the parties hereto for each such Work Order Monthly partial payments based upon the Professionals billings and itemized statements are permissible The amounts of all such partial payments shall be based upon the Professionals City verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professionals direct 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 8 City Representative The City will designate prior to commencement of work its protect representative who shall make within the scope of his or her authority all necessary and proper decisions with reference to the protect All requests for contract interpretations change orders and other clarification or instruction shall be directed to the City Representative 20 9 Proiect Drawings Upon conclusion of the protect and before final payment the Professional shall provide the City with reproducible drawings of the protect containing accurate information on the protect as constructed Drawings shall be of archival prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction CD disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard 10 Monthly Report Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order 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 11 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 12 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 13 Acceptance Not Waiver The City s approval of drawings designs plans specifications reports and incidental work or materials furnished hereunder shall not in anyway relieve the Professional of responsibility for the quality or technical accuracy of the work The City 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 21 14 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 15 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 16 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 17 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 18 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8 17 5-101 C R S et seq Contractor represents and agrees that a As of the date of this Agreement 22 1 Contractor does not knowingly employ or contract with an illegal alien and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 23 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien f Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5) C R S g If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8 17 5 102 C R S the City may terminate this Agreement If this Agreement is so terminated Contractor shall be liable for actual and consequential damages to the City arising out of Contractors violation of Subsection 8-17 5 102 CRS h The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach 19 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C consisting of One (1) page(s) attached hereto and incorporated herein by this reference P ATTENDANCE RECORD PREBID CONFERENCE Project P1124 Civil Engineer Annual Time 10 00 amDate April 14 2008 .IaJVn 1 THE CITY OF FORT COLLINS COLORADO M James B O Neill II CPPO FNIGP Director of Purchasing & Risk Management Date ATTEST City Clerk APPROVED AS TO FORM Assistant City Attorney [Insert Professionals name] or [Insert Partnership Name] or [Insert individuals name] Doing business as _ [insert name of business] a -A Title CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST (Corporate Seal) Corporate Secretary 25 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED Work Order Number Purchase Order Number Project Title Commencement Date Completion Date Maximum Fee (time and reimbursable direct costs) Protect Description Scope of Services Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control Professional M Date User The attached forms consisting of (_) pages are hereby accepted and incorporated herein by this reference and Notice to Proceed is hereby given City of Fort Collins In James B O Neill II CPPO FNIGP Director of Purchasing and Risk Management (over $30 000 00) Date 26 EXHIBIT C As per section VIII A II 2 f) of your contract with MOT the local agency shall ensure that its consultant contract complies with the requirement of 49 CFR 18 36(1) and contains the required provisions as well as the following language which shall be included verbatim 1) The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project The State is an intended third party beneficiary of this contract for that purpose 2) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may anse during the construction of the project 3) `The consultant shall review the construction contractors shop drawings for conformance with the contract documents and compliance with the provisions of the State s publication, `Standard Specifications for Road and Bridge Construction' in connection with this work 27 ATTENDANCE RECORD PREBID CONFERENCE Project P1124 Civil Engineer Annual Time 10 00 amDate April 14 2008 Lncatinn 21 R N Mnenn Trv.mnn Rnnm PRINT NAME PRINT ADDRESS TELEPHONE FAX # E MAIL ADDRESS FIRM NAME Qtu7S �w tee_ Cc>�c� o C�✓ t L'Jrsf Z9�1S� 970 L-7� fez-1 WC C) J �?JS 3 S�C��c�r Snni� CD�b�dd0 C ;fhYo��� 1�13 GJ, Alt" <ZL 6�g3g p4.,�ACA✓rGSAssookf�s 30: 63�e-9,949 0.a c C-<<NS L67 6�1�Ct C''�TCyo�� Lc�o� -66oS JU)aA1614�u (041 1.[YU � gp49 QaJF�.� Q//A/£n/ �o�Js�l.�'rii✓C� 37/'S�.�t\f9Llau� �6�a2�o� a.r�co�.Je� L 1 Joe- -r- �(- co� rL � boq� S C-7Zo)3d-5�(0co Coul 2laZe c�2osF T �7G / �58 77�1, sue_ laNek 2I� to ir' L _ (57,) 22t-�3(�� aa?,j-L�«o-f- �70 "ty a15 N hl,4-56. - f� Sll r REQUEST FOR PROPOSAL Intersection Turn Lane Improvements Federal Aid Protect AQC M455-091 16603 and Civil Engineering Annual Design Drafting and Surveying Services The City of Fort Collins Engineering Department RFP P1124 The City of Fort Collins Engineering Department is seeking a qualified Civil Engineering Consultant ( Consultant ) to provide project management design plan preparation and construction support services for proposed turn lane improvements to four (4) intersections in the City of Fort Collins funded by a Federal -Aid Congestion Mitigation and Air Quality (CMAQ) grant Furthermore the City seeks to establish an Agreement suitable for engineering protect management design drafting and survey services for various future yet -to -be -determined civil engineering protects (primarily roadway) both locally and Federally funded The Department has determined the contract goal for UDBE participation in this Intersection Turn Lane Improvements, Federal -Aid Project AQC M455-091, 16603 Contract will be met with certified UDBEs who have been determined to be underutilized on professional services contracts The UDBE goal for this project has been established as follows Professional Services Consultants and/or Subconsultants 10 Percent Renewals and pricing changes shall be negotiated by and agreed to by both parties The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end E Mad submittal shall to e-mailed to Istephen(a)fcgov com Please send a separate a mail to confirm that your proposal was received If submitting a written proposal please send Five (5) copies of written proposals to the Purchasing Office P O Box 580 215 North Mason Street Fort Collins Colorado 80521 Please limit proposal length to 40 total pages or fewer Proposals will be received before 3 00 p m (our clock) April 24 2008 Proposal No P1124 A pre -proposal meeting will be held April 14 2008 at 10 00 am at 215 N Mason 2nd floor in the Training Room Questions concerning the scope of the protect should be directed to Project Manager Dean Klinger (970) 221-6605 rev 01 /08 Questions regarding proposals submittal or process should be directed to John D Stephen CPPO CPPB Senior Buyer (970) 221-6777 A copy of the Proposal may be obtained as follows Download the Proposal/Bid from the BuySpeed Webpage www fcgov com/eprocurement 2 Come by Purchasing at 215 North Mason St 2nd floor Fort Collins and request a copy of the Bid The City of Fort Collins is subject to public information laws which permit access to most records and documents Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible Proposals may not be marked Proprietary in their entirety Information considered proprietary is limited to material treated as confidential in the normal conduct of business trade secrets discount information and individual product or service pricing Summary price information may not be designated as proprietary as such information may be carried forward into other public documents All provisions of any contract resulting from this request for proposal will be public information Sales Prohibited/Conflict of Interest No officer employee or member of City Council shall have a financial interest in the sale to the City of any real or personal property equipment material supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift gratuity favor entertainment kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited Collusive or sham proposals Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities Sincerely James B O Neill II CPPO FNIGP Director of Purchasing & Risk Management where renewal Is a way of life I PURPOSE The City of Fort Collins Engineering Department, is seeking a qualified Civil Engineering Consultant ( Consultant") to provide project management engineering design, drafting, and survey services for a federally funded intersection improvements project and for various on -going civil engineering projects The successful Consultant will address all of the tasks, issues, and requested information in their proposal, possess the requisite skills, experience and manpower necessary to produce high quality projects on time and on budget, and be motivated to work with City and Colorado Department of Transportation staff, citizens, and to accomplish the project goals and objectives 11 BACKGROUND In 2007 the City applied for and received a Federal -Aid Congestion Mitigation and Air Quality grant to design and construct turn lane improvements to four (4) intersections within the City The intersections and proposed improvements are Lemay Avenue and Harmony Road — addition of second westbound left -turn -lane Lemay Avenue and Drake Road — addition of westbound right -turn lane Laurel Street and S Shields Street — addition of northbound right -turn -lane and Mulberry Street and S Shields Street — addition of northbound and westbound right -turn lanes The combined anticipated project budget for design right-of-way acquisition and construction of all four intersections is $908 000 This project is subject to the oversight of the Colorado Department of Transportation (CDOT) and will have to meet all applicable requirements for federally funded projects Also the City has historically demonstrated a need for on -call Engineering support Typical services requested include small project design and construction support drafting traffic engineering structural engineering surveying drainage engineering and environmental engineering This contract may be utilized by all City Departments H SCOPE OF SERVICES Intersection Improvements Proiect Conceptual Engineering Design • The consultant shall coordinate with the City Survey Department to obtain the necessary topography survey data for each on the four sites The consultant will produce the digital terrain model and existing topography from the raw survey data It is required that the project be tied into the High Accuracy Reference Network (HARN) • The consultant shall conduct detailed research to update the existing utility information • The consultant shall conduct detailed property research including property ownership property line information and current tenants to update the existing data • The consultant shall meet the City Traffic Departments requirements for a Traffic Study The results of the Traffic Study shall be used for the pavement design and to adequately size the turn lanes • At the completion of this phase the consultant shall prepare conceptual drawings current land ownership and land acquisition needs and produce a conceptual level construction estimate for the alternatives The plans and specifications shall be approximately 50% complete • The Consultant shall provide support for property owner meetings as necessary • The goal of the Conceptual Design phase will be to evaluate and reach consensus on the following 1 Horizontal roadway geometry intersection 2 Construction phasing and anticipated construction schedule 3 Anticipated Right of Way needs 4 Total project cost estimates 5 Utility inventory with proposed relocations Special requirements The consultant will be responsible for preparing documents in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) For NEPA documentation the project will likely qualify as a Categorical Exclusion (Cat Ex) Following is CDOT s standard RFP language regarding Environmental Requirements The consultant will be responsible for preparing documents in accordance with the National Environmental Policy Act of 1969 (NEPA) and federal state and local environmental regulations Most local agency protects will be covered by a Categorical Exclusion (Cat Ex) These documents will be in CDOT s format and presented to CDOT for review and submittal to FHWA for the following clearances as applicable Threatened or Endangered Species If it is determined that habitat for any threatened or endangered (T&E) species could potentially occur within the project footprint or adjacent to the project site a biologist qualified to conduct T&E assessments and/or surveys will need to be retained It will be the biologists responsibility to follow survey protocol and obtain all applicable permits to conduct the survey Wetlands If it is determined that wetlands exist within the project area a wetland ecologist or other qualified person will conduct a wetland determination and if needed a wetland delineation The wetland delineation shall be conducted according to the guidelines outlined in the 1987 Corps of Engineers (Corps) Wetland Delineation Manual Wetland boundaries will be surveyed into the project plan sheets and temporary and/or permanent impacts determined If the wetlands are jurisdictional project activities will be subject to Section 404 permitting through the U S Army Corps of Engineers (Corps) Section 404 Permitting If a Section 404 permit is required the applicant will be responsible to ensure all conditions of the permit are adhered to including preparation of a mitigation plan CDOT requires a copy of the Corps permit MdigationNVetland Findings For permanent impacts of 500 sq feet or temporary impacts of 1000 sq feet including wetlands not regulated by the Corps (CDOT treats non jurisdictional wetlands the same as jurisdictional wetlands) CDOT will require a Wetland Findings Report that will include a detailed mitigation plan Unless otherwise noted mitigation will be at a 1 1 ratio For all mitigation requirements coordination with Jim Eussen CDOT R-4 biologist (970 350 2168) will be initiated Noxious Weeds