HomeMy WebLinkAbout450906 MULLER ENGINEERING COMPANY - CONTRACT - RFP - P1147 SIGNAL TIMING PROGRAMPROFESSIONAL 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 Muller Engineering Company, Inc., 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:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of six (6) 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. Contract Period. This Agreement shall commence within five (5) days following
execution of this Agreement and shall continue in full force and effect until December 31, 2009,
unless sooner terminated as herein provided.
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:
Professional: City: With Copy to:
Muller Engineering Co., Inc. City of Fort Collins, Traffic City of Fort Collins, Purchasing
Attn: Mr. Karl Buchholz Attn: Mr. Ward Stanford PO Box 580
777 S. Wadsworth Boulevard PO Box 580 Fort Collins, CO 80522
Lakewood, CO 80226 Fort Collins, CO 80522
Standard Professional Services Agreement- rev07/08
1
City of Fort Collins
Traffic Signal Timing Program
Scope of Work
5.2 Timing Model Updates — Using the information gathered above, the Muller team will inspect
and update the existing Synchro (Version 7) files to ensure that the necessary parameters are
accurate and match existing field conditions. The timing parameters will also be compared
against the existing work orders database to ensure accuracy.
5.3 Calibration of Timing Model — The Synchro timing model will be calibrated against existing
conditions based on field observations and the before TT/D runs for the AM, midday and PM
peak periods. Parameters such as saturation flow, lane utilization and link speeds will be
adjusted as necessary. Synchro summary reports will be prepared and presented to City staff
for reasonableness checks and identification of areas for signal timing improvement.
Meetings: 2 (as needed)
Deliverables: Meeting Minutes, Synchro Summary Reports of Existing Conditions
6. Cycle Selection and Development of Timing Plans
5.1 Analysis of Cycle Lengths — Using the calibrated model developed in Task 5, Muller team
members will conduct a system -wide cycle evaluation for the timing plans noted in Task 4.
Synchro software will be used as the primary tool for evaluating the cycle length performance
index; however, other relevant considerations will include accommodations of pedestrians,
queue penalties, fuel consumption and vehicle emissions. cycle length break points will also be
evaluated. Muller staff will summarize the cycle length MOE's in tabular and graphical form and
conduct two cycle length selection meetings with City staff to determine the most appropriate
cycles for each corridor/time period. This task is envisioned as an iterative process to arrive at
the best cycle length.
6.2 Timing Plan Development — The Muller team will prepare corridor timing plans (cycle length,
offset and split) for the five time periods discussed above. Intersection timing plans will be
developed for each intersection in the project as well as time -space diagrams for the following
corridors:
North/South Corridors East/West Corridors
6.2.1 Taft Hill Rd 6.2.6 Harmony Rd
6.2.2 Shields St 6.2.7 Horsetooth Rd
6.2.3 College Ave 6.2.8 Drake Rd
6.2.4 Lemay Ave _ 6.2.9 Prospect Rd
6.2.5 Timberline Rd 6.2.10 Mulberry Rd
The timing plans will be prepared in draft form for City review and comment. "Final" plans will
be prepared for field implementation. During the development of the timing plans, the Muller
team will identify intersections that could benefit by a change in left -turn phasing or possibly
removal of a signal if it is clearly unwarranted. Changes in left -turn phasing could include
recommending removal of the left -turn phase if volumes are very low, or changing between
protected -only and protected/permissive.
6.3 Work Order Preparation — Muller will provide the City with electronic work orders for each
intersection and each timing plan. The work orders will be prepared in Synchro's Universal
Traffic Data Format (UTDF) for automatic download to the controllers. City staff will have
primary responsibility for downloading of the timing plans.
Meetings: Approximately 4-6
Muller Engineering Company Page 3 of 6 October 29, 2008
Standard Professional Services Agreement- rev07/08
City of Fort Collins
Traffic Signal Timing Program
Scope of Work
Deliverables: Meeting Minutes; Technical Memorandum on Cycle Length Analysis and
Selection; Time -space Diagrams for each corridor/time period; Electronic Work Orders
Implementation and Fine Tuning
7.1 Initial Field Observations — On a corridor -by -corridor basis the Muller Team will coordinate with
City staff for the implementation of timing plans. All timing plans will be implemented on a
single corridor and fine-tuned prior to the start of implementation on the next corridor. Minor
fine-tuning changes may overlap from one corridor to the next. The initial field observations will
include verification of the correct cycle length and offsets, checks for overall progression quality,
and observations of individual intersection operations (queuing, cycle failures, etc.).
7.2 Develop Fine -Tuning Changes — Muller will provide the City with initial adjustments to the timing
plans in electronic format during the implementation and fine-tuning phase. This will be an
iterative process and the level of adjustments will vary by corridor and timing plan,
7.3 Final Field Observations — Final field observations will be made prior to the "after" travel time
runs to ensure that the timings have been fully optimized and are operating according to plan.
7.4 Final Timing Plans — Upon completion of the implementation process, Muller will provide the
City with final time -space diagrams and electronic files (Synchro) of the final timing plans.
Meetings: 1-2 (as needed)
Deliverables: Meeting Minutes; Revised and Final Timing Plans for each corridor and time
period
8. Evaluation and Documentation
8.1 "After' Travel-Time/Delay Runs — "After" Travel-Time/Delay (TT/D) runs will be completed by
City staff. A minimum of 8 valid runs in each direction will be completed for each corridor and
time period being evaluated. Corridors to be evaluated include those listed in Task 6.2. Fort
Collins will provide Muller with the before and after TT/D data in electronic format (spreadsheet
compatible).
8.2 Evaluation — Using the before/after data provided above, Muller staff will utilize a spreadsheet
template to calculate corridor benefits for each timing plan. Benefits will be calculated on a
daily and annual basis and at a minimum will include the following performance measures:
travel time; delay, speed, fuel consumption and emissions (CO, HC and NOX). Based on the
outcome of Task 3, other performance measures may also be provided to assess system -wide
and/or multi -modal benefits. Data collection necessary for the evaluation of additional benefits
(e.g. pedestrian/bicycle counts, etc.) will be provided by Fort Collins staff.
8.3 Documentation — Documentation will include corridor notebooks and a final project summary
report. The corridor notebooks will include the following information for each corridor:
8.3.1 Corridor Summary Report
8.3.2 Time -space diagrams for each timing plan
8.3.3 Synchro Model Output
8.3.4 Project benefits Analysis
8.3.5 Before/After Travel-Time/Delay Output
3.3.6 Traffic Volume data
8.3.7 Intersection Lane Geometry and Phasing
8.3.8 Electronic Synchro Files on CD
Muller Engineering Company Page 4 of 5 October 29, 2008
Standard Professional Services Agreement- rev07/08
City of Fort Collins
Traffic Signal Timing Program
Scope of Work
The Project Summary Report will describe the project process, goals and objectives, and
summarize the project benefits. An Executive Summary will accompany the report. A draftcopy
of the report will be provided to the City for review and comment, followed by a final version.
Muller's project manager will be available to present the project results to City Management or
City Council,
Meetings: 2
Deliverables: Corridor Notebooks (1 for each corridor); Project Surnrnary Report (s draft copies,
Isfinal copies).
Muller Engineering Company Page 5 of 6 October 29, 2008
Standard Professional Services Agreement- rev07/08
City of Fort Collins
Traffic Signal Timing Program
Scope of Work
Attachment A — Project Study Area
2008 SIGNAL G PROJECT
INTERSECTIONS & Ci1R I))ORS
M=-U.
R
r
LEGEND
i P007 Courts (7) Ccurts Neeced i
2008 CourTs e) A6dl lcns
Muller Engineering Company Page 6 of 6 October 29, 2008
Standard Professional Services Agreement- rev07/08
EXHIBIT B
PROJECT SCHEDULE
_.
Standard Professional Services Agreement- rev07/08
1
EXHIBIT C
FEE SCHEDULE
CLIENT:
City of Fort Collins
PROJECT NC:
PROPOSAL NO.:
908-h
PREPARED 6Y.
KE3l
CATE:
11OiZ0O8
PROJECT:
2008 Traffic Si nal Tirninq Pro
ram . Cost Pro osal
TIME (HOURS)
TOTALS
SUBCONSULTANTS
MULLER
EXPENSES
(SS)
Rob C. Karl S.
NancY L.
Cesip.^.
h4Jll9'Engc
MULLER
Ta^x
Task
PId IX Pid VII
I FEN
I Eng"n,I
Atlmin
THAE
LABOR
Hamm,'
CIC Engr'
MILEAGE'
RE-RO
OTHER'
SU600NSULT.
EXPENSES
TOTALS
rlo.
Deb<nDnon 2G08 HWnY Rate»»
S14500 1 S126,00
I 510 to
I $KOO
$6200
(HOJRS)
!S$)
r55)
(SS)
tss)
(s$)
(SS)
(SS)
(SS)
(SS)
1
PrOj[cunitiation
v
1.2
cie•<n s+mi=e
r�,an:e ioe¢X-+Cd"ry
6
4
6
1
1.
S1,6s8
55D0
S285
SBO
S735
$o
SZO
SO
$2.553
$544
Task Subtotal
0 12 6 0 0
18 $2.232
S520 S285
SSO $o SO
S785 $80 s3,097
2
PioRCt Managtment and Administration
21
22
?.3
24
?.5
soe)mxeo.,,aawnaoaeeme=:
a k �;ne Mminknxkea.xcn.m.;ano,
u:J4C
cmmn.;caua,
D:emC.<ana.aseme,.:
2
2
2
20
20
40
20
8I
22
28
2
221
$3.012
53216
SsIO2
$3,012
s43
S5,7w
SO SO $3.012
$0 $O 5321E
55,700 57 S11.32
50 I SO I S3.012
$p SO 549E
Task 2 Subtotal
6 100 0 0 16
122 S15AM
SO S5,700
SO 50 s0
$5.700 SO S21168
3
31
3?
33
\•:arh^oG1:a:-ni-6 and k--h
:5'muNo=
ra_hnka: Nemc.aMom
1
GG � 16
6 E
3 24
56
16
33
1 ST04O
51 ES8
$3.634
S2`,J
SLCOD
S950
51?0
$1O0
S80 $1DO
51G]
$250
SL960
St90
$0 $7290
5200 54038
StRO St.Cpe
Task 35ubtotal
1 56 48 0 0
105 $12.562
St2YJ S1140
$80 52W 5100
S2,390 V3SO S15,332
a
oao ee.;.w and nnan:a
4?\+'•:vvr
-s.ITM, Da'a
o!nomly lurk vaumes
4
S
C
9
c54q
51,08E
$2.006
$6,COZ
52008
So.005
s0
6D
$2.552
$7,096
42
Sd
a5
oa+orPnli nn�nrcC,t iacors
'¢✓ae"i')J Pvm fEyCY, M1I��.:cco-E4,at:an)
nae/&4•oala kn.Cw
b
B
4
8
b
4
51,04E
51.02E
5:=4
SS,CGB
FhJ
S5,OJ8
F9
$p
SRO
50
W
S6,176
$1088
550.1
4b
Tem:.cal aaeoo.,=dum
1 4
5
559p
52.SGJ
S50
$2500
550
53240
Task 4 Subtotal
1 36 G 0 0
37 SEW
$15.524 So
S80 S50 so
$15,524 5130 520,69E
5
Flltl Observations and Tirnino Model Update
5.1
5?
53
held vc;asatm�ornmi,q afoael
nm:narfwd voea:es
canmmm:.mrimi�c Mad,
40
40
20
a0
2J
36
GO
20
L0
80
56
512.64G
$9040
SS 320
59000
51.01E
$3.5CS
S14W
A6O
52350
$t0.9Cp
51.01E
5t.268
52,350
SO
SO
$25690
513.05E
510 09
Task 5 Sumotal
0 100 96 SO 0
2% SOS=
S15,524 S2,ma
$2.350 50 SO
519,184 S2,350 w,534
6
CYck StlecGonand Deaeloprnen(ot Tirninu Pt —a
61
62
n,a sao¢1zk:v�:6:h+
nmi:,rs:. r<.elavmen<
60 60
80 SS
GC
40
180
168
S20,080
s13880
54.006
S8.780
S1520
Si E20
5150
$150
55,528
510:,G0
at 50
$150
S25.75E
529.330
bs
m:'+adv, caomina:o,
8
b
5109^0
53.520
5100
53.520
St00
St J08
Task 6 Subtotal
0 168 108 SO 0
356 W,048
$16,308 S3.040
Sd00 SO SO
S19,3t8 S400 S59,796
7
Implementation and Fine Turing
:.t
lel;m cold aburva:ana
SO
64
72
2:6
523.W0
SOOO) 1
51,140
S2300
$10,1a0
52.30p
S35.G80
72
44
GO
20
tG1
Sti 544
55760 155
T60
SO
St',344
73
anal e.m oxervuio=\
40
e0
40
12C
$t 2,&t0
57, 003
SOSO
St SOp
$S,e50
51 500
$22.59C
Zs
16
d0
76
57.31E
52.260
52.250
SO
59.63E
Task 7 Subbal
0 19O 1641 172 0
516 $54,64D
S24,520 52p90
S3SOD So $0
S26,610 53.SOD S65,050
6
Evaluation and Doctmenmron
e'
'4Ner'T/D sues lM ou, Ml,l:ertx'Einaca':1
S
9
$10.i'E
50 50
$1 pR3
62
¢
36
40
60
156
SS.296
S239D
$150
$2,390 St50
51>,S36
s.a
oxummx:na
2
36
48
50
20
t5a
516,028
$226➢
$''<,OW
$2260 52.000
S20,236
Task 8 Subotal
2 80 S8 140 23
330 22,4112
S4,650 $0
$150 52,000 so
S4,650 S2,150 $39,212
Project Total Nour6
10
732
510
452 1
36
1>a0
7PA
157
258t
Project Total Labor Costs
5t,460
599,552
SY,OGC
530160
S<'232
S19geM
$79,276
S14,915
594,19t
5284595
Project Total Expenses
-
-
$5.52S
S63
S6.Ss0 $3,269
S1W
59,299
51a,q;6
Project Total
- -
S19o.4O4
S84,804 S15.003
- - -
- $299.501
ND'eS:
LM1UIe. qe at Federal Rase (Nrten3y 50.5451m1!el
2,Pm,oeLUnCb(OrWO! ShXp Asar a,S
3. Ez rases for SUUnonsutanl5 are nal in<ludetl h' task bT are Slimmed Ua'ew.
Standard Professional Services Agreement- rev07/0S
MULLER ENGINEERING COMPANY, INC.
SCHEDULE OF HOURLY RATES
FORT COLLINS TRAFFIC SIGNAL TIMING PROGRAM
Professional Staff
Hourly Rates*
Principal Engineer IX
$146.00
Principal Engineer Vill
141.00
Project Manager VII
136.00
Project Manager VI
124.00,116.00
Project Engineer V
108.00
Project Engineer IV
100.00
Design Engineer III
94.00
Design Engineer II
88.00
Design Engineer I
80.00
Senior Designer
91.00
Designer
87.00
Technician/CADD Operator IV
84.00
Technician/CADD Operator III
77.00
Technician/CADD Operator II
71.00
Technician/CADD Operator 1
62.00
Administrative Support
62.00
Intern
47.00
" Includes 3% Cost of Living Adjustment to 2008 Hourly Rates
Other Direct Costs
Vehicle Mileage (or approved IRS rate) ......................... :............. $ 0.585 / mile
Black & White Photocopies — 8 Yz x 11......................................$ 0.10 / copy
Color Photocopies — 8'/z x 11...........................................$ 0.30 / copy
22' x 34" Prints ..................... ....................................................... $ 1.00 / sheet
When large print jobs are required for a project, they are sent out to printing shops and billed at
actual cost.
Subconsultants, messenger delivery, overnight delivery, equipment rental, long distance telephone,
outside computer, reproduction, out-of-town living expenses, travel costs, and other miscellaneous
direct project expenses, will be charged at actual cost.
Use of computers and computer software is included in the hourly rates of personnel.
Standard Professional Services Agreement- rev07/08
2
Muller Engineering Company
EMPLOYEE
NAME
EMPLOYEE
CLASSIFICATION
Andrews, Matthew D.
Project Manager VI
Behrer, Bruce B.
Project Manager VII
Buchholz, Karl E
Project Manager Vil
Carlson, Robert
Principal IX
Cavoto, Catherine
Executive. Secretary
Clark, A. Gray
Project Manager VII
Chenard, Melanie D.
Project Engineer IV
Colby, Sandra S.
Financial Controller
Dungan, Michael S.
Principal IX
Early, Justin J.
Project Engineer IV
Fearns, Robert J.
Project Manager VI
Fitzgerald, Ronni
Marketing Coordinator
Fuhr, Karen S.
Project Engineer IV
Gabriszeski, Steven G.
Project Engineer V
Hamilton, Glenn
Project Manager VI
Hamilton, John M.
Principal IX
Harris, Dean A.
Project Manager VII
Hibbeler, Steven
Project Engineer IV
Hopkin, Lance R.
Design Engineer III
Janssen, Erik
Design Engineer II
Johns, Derek
Project Manager VI
Juergensen,Joseph
Project Engineer VI
Juntunen, Candace
Sr. Designer
Keller, John H.
Designer/CAD Manager
Kroeger, Christopher
Project Engineer V
Lambertson, Nancy
Project Engineer IV
Mestas, Geoffrey C.
Design Engineer I
Moffat, Mari
CADD Operator II
Murray, Jo A.
Design Engineer I
Nelson, Rick
Project Manager VI
Padilla, Korina S.
CADD Operator II
Pultorak, Andy
Design Engineer II
Roan, Carolyn
Project Engineer V
Sabo, Kevin
Designer/IT Manager
Sanchez, Paula
Administrative Support
Scholz, Justin R.
Project Engineer IV
Stewart, Andrew K.
Design Engineer I
Unger, Monica M.
Design Engineer II
Watt, James A.
Design Engineer II
Webb, Derek
Project Engineer IV
Wulliman, Jim
Principal Vill
Yager, John A.
Design Engineer III
Standard Professional Services Agreement- rev07/08
Personnel Classification Name Hourly Billing Rate
Principal/Senior Engineer
Hartwig, Marvinetta
$
125.00
Senior Structural Engineer
Felzien, Lee
$
125.00
Senior Traffic Engineer
Markovetz, Steve
S
125.00
Senior Transportation Engineer
Smith, Danielle
$
104.00
Sr. Construction Observer III
Luft, Jim
$
90.00
Sr. Construction Observer II
Forni, John
$
98.00
Sr. Construction Observer I
Berg, Wayne
S
96.00
Construction Observer II
Toiler, Dennis
$
88.00
Construction Observer
Viszlay, Dan
$
63.00
Sr. Technician II
Dyer, Dave
$
$8.00
Sr. Technician I
Hanson, Ryan
$
75.00
Technician
Lang, Eric
$
63.00
Sr. Project Administrator
Lewis, Kathy
$
70.00
Administrator Coordinator
Newpower, Jennifer
$
57.00
Intern II
Vacant
S
30.00
Intern I
Berg, Peter
$
22.00
Reimburseab/e Project Expenses
Mileage rate I mile
Copies • 8.51' x 11" & 8.5" x 14"
Copies • 11" x 17"
Bond Prints • (Black & White)
Bond Prints • (Colored)
Subsistence per diem outside Metro Area
Communications: long distance telephone
Outside materials, supplies & services
Subconsultants
Computer
Billing Rate
current federal government rates
each
$
0.10
each
$
0.20
Lin. Ft
$
1.00
Lin. Ft.
$
7.50
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Included in overhead
Standard Professional Services Agreement- rev07/08
4
Hourly Rate
5.
4" ❑Rll'g trans
Prelirn : inary Field
7 3 Final Field
dic Engineering
Draft Estimate of Hours and Fees
Ft Collins Signal Timing
Prepared for Muller Engineering
2-Nov-08
Dan Cronin
Task
Principal
Total
$ 95.00
3>:
$
-:285.00
60
$
5,700-00
4
$
380.00
8
$
'760.00
20
$
1,900.00
8
$
760-00
16.
$
1520.00
16
$
1,520.00
12
$
1,140 00
10
$
950.00
0
$
157
$
14,915.00
Standard Professional Services Agreement- rev07/08
5
Comments
1
0
primarily Muller; some dlc input 0
1'`
Assist Muller Engr. with Field Observations 4
1
Assist Muller Engr. with Field Observations 4
Assist Muller Engr with Field Observations 4
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 Two Hundred Ninety
Nine Thousand Five Hundred One Dollars ($299,501.00) plus reimbursable direct costs in
accordance with the Fee Schedule attached hereto as Exhibit "C", consisting of five (5) pages, and
incorporated herein by this reference. All such fees and costs shall not exceed Two Hundred Ninety
Nine Thousand Five Hundred One Dollars ($299,501.00). 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. The parties acknowledge that the sub -contractors, Hartwig and Associates
Standard Professional Services Agreement- rev07/08
2
EXHIBIT D
SPECIAL PROVISIONS
FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except
to the extent that other applicable federal requirements (including the provisions of 23
CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore
supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without
limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of
changes to any subcontracts in the manner, and to the extent required by,
applicable provisions of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any
subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and
with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as
applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(i) (which are also deemed incorporated herein) into any
subcontract(s) for such services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department
of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair).
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees
and subgrantees when required by Federal grant program legislation. This act requires that all
laborers and mechanics employed by contractors or sub -contractors to work on construction
projects financed by federal assistance must be paid wages not less than those established for
the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500
Standard Professional Services Agreement- rev07/08
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 efficiencywhich 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 sea. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R.
Part 80 et. sea.. These acts require that no person shall, on the grounds of race, color,
national origin, age, or handicap, be excluded from participation in or be subjected to
discrimination in any program or activity funded, in whole or part, by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-
12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-1221347 USC225
and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the
contractor is acquiring real property and displacing households or businesses in the
performance of this contract.)
M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 at sea.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sea. 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.
Standard Professional Services Agreement- rev07/08
EXHIBIT E
COLORADO STATE DEPARTMENT OF TRANSPORTATION
REQUIREMENT 49 CFR 18.36(i)
Consultant will comply with the Colorado State Department of Transportation
requirement 49 CFR 18.36(i):
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
arise during the construction of the project."
3) "The consultant shall review the construction contractor's 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."
Standard Professional Services Agreement- rev07/08
EXHIBIT F
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Professional shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Professional, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in work
performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during
the life of this'Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single
limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
Standard Professional Services Agreement- rev07/08
and dlc Engineering, are not parties to this agreement. However, the rates listed for services to be
provided by these subcontractors shall be the rate paid by the City to the Professional for these
services. If the amount charged by these subcontractors 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. 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, 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 City in and AutoCAD version no
older then the established city standard.
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 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 hereunderfor the payment of
Standard Professional Services Agreement- rev07/08
3
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.
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.
Standard Professional Services Agreement- rev07/08
4
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.
17. Prohibition Against Employing Illegal Aliens. Prohibition Against Employing Illegal
Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees
that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional 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. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
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 Professional
Standard Professional Services Agreement- rev07/08
5
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.
e. Professional 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.
f. If Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" — Federal Requirements,
consisting of two (2) pages and Exhibit "E" — Colorado State Department of Transportation
Requirement 49 CFR 18.36(i), consisting of one (1) page, attached hereto and incorporated herein
by this reference.
Standard Professional Services Agreement- rev07/08
6
OF
0
City Clerk
THE CITY OF FORT COLLINS, COLORADO
By
James Bj O'Neill II, CPPO, FNIGP
Director of purchasing & Risk Management
DATE: j z, (ta .6
Mull3EnBy,
Title: /
CORPORA
Date:
Inc.
OR VICE PRESIDENT
(Corporate Sea])
Standard Professional Services Agreement- rev07/08
EXHIBIT A
SCOPE OF WORK
City of Fort Collins —Traffic Signal Timing Program
Muller Engineering Company
Scope of Work
1. Project Initiation
1.1 Project Kick-off Meeting — Conduct Project Kick-off Meeting to review scope of work, available
data, project schedule and initial tasks. Request all available information related to existing
signal timing work orders, traffic data, time -of -day schedule and system operating parameters.
A portion of the meeting will also include a hands-on operational review of the City's Siemens i2
system to give Muller team members a better understanding of the City's current operational
procedures and practices. Project includes the traffic signals shown in Attachment A.
1.2 Project Schedule — Finalize project schedule with City staff including early meeting dates and
critical project milestones.
Meetings: Project Kick-off Meeting
Deliverables: Project Schedule and Meeting Minutes
2. Project Management and Administration
2.1 Staff/Subconsultont Management — Manage project staff and subconsultants to ensure City's
expectations of budget, schedule and quality are met or exceeded throughout the project.
2.2 Meeting Administration — Prepare Meeting Agenda and Meeting Minutes for all formal project
meetings
2.3 QA/QC—Conduct OA/QC reviews of key work tasks and project deliverables
2.4 Communication — Conduct day-to-day (as needed) communications with the City's project
manager throughout the duration of the project
2.5 Documents— Prepare file and document management of all electronic and hard copy materials.
Meetings: None
Deliverables: None
Project Visioning and Strategy
3.1 Workshop Planning and Research — Prior to the workshop session with City staff, Muller will
develop draft project goals, objectives and performance measures as an initial starting point for
the workshop meeting (see 3.2). Muller will also prepare a comprehensive draft document of
signal timing strategies for discussion with City staff. This document will be based on current
signal timing practices in Fort Collins as well as those used in other Colorado communities and
elsewhere. The document will also identify parameters of the 2070 NextPhase controller that
can be used to positively impact coordinated traffic flow as well as other items such as use of
left -turn phasing, accommodation of peds/bikes, etc.
3.2 Goals and Timing Strategy Workshop — Conduct full -day workshop at Fort Collins Traffic
Operations Center to discuss and develop project goals, objectives, performance measures and
signal timing strategies/philosophy. Muller staff will lead the workshop and will prepare
meeting materials prior to the meeting as discussed in Section 3.1.
3.3 Tech Memo— Prepare Technical Memorandum summarizing decisions made at the workshop.
Meetings: Full -Day Workshop Meeting
Deliverables: Technical Memorandum Summarizing Goats, Objectives, Performance Measures
and Recommended Timing Strategies
Page 1 of 6 October 29, 200S
Standard Professional Services Agreement- rev07/08
City of Fort Collins
Traffic Signal Timing Program
Scope of Work
4. Detailed Review and Analysis of Traffic Data and Field Conditions
4.1 Analysis of TMC Data — TMC data to be provided by Fort Collins for AM, Midday and PM peak
periods for all intersections. Analyze TMC data and check for data anomalies and unbalanced
volumes. Identify locations and/or time periods that may require re-counts or hand -
adjustments.
4.2 Analysis of Hourly link Volumes — Using hourly link counts provided by Fort Collins (in a
spreadsheet compatible format), prepare hourly -volume graphs for average weekday (MO-FR)
and weekend conditions (SA and SU). Hourly -volume graphs will be prepared at 3 locations
along each major corridor to assess the variation in traffic flow by day -of -week, time -of -day, and
by direction. Based on this information, provide recommendations for hours of operation for
the following time periods:
4.2.1 Weekday AM Peak Period (existing timing plan)
4.2,2 Weekday Midday Period (existing timing plan)
4.2.3 Weekday PM Peak Period (existing timing plan)
4.2.4 weekday/Weekend low -Volume Period
4.2.5 Weekend Peak Period
4.3 Develop TMC Adjustment Factors — Using the data analyzed in 4.2, develop hourly and
directional adjustment factors for each intersection that will be applied to the turning
movement counts to arrive at turning movement volumes for the weekday/weekend low -
volume period and the weekend peak period. Hand -adjust volumes as needed to balance
network.
4.4 'Before"Travel-Time/Delay Runs (by City staff) —City staff will collect travel time runs on each of
the 10 Corridors for each of the above timing periods noted in Task 4.2, Eight valid TT/D runs
will be collected in each direction.
4.5 Ped/Bike Activity — Review pedestrian volume counts (and bicycle, if available) to assess
locations of high, medium and low activity. Based on this review, provide recommendations to
the City on the operation of pedestrian phases with regard to setting vehicle split times,
pedestrian recall modes and any other strategies to manage the safety and mobility of
pedestrians and bicyclists.
4.6 Tech Memo — Prepare Technical memorandum that documents and summarizes process used to
develop tuning movement counts and recommended hours of operation.
Meetings: 1
Deliverables: Data Analysis Technical Memorandum; Meeting Minutes
5. Field Observations and Timing Model Updates
5.1 Verification of Timing Model in Field — Muller team members will visit each signalized
intersection to verify the lane geometry, phasing, approach speeds, and any special operating
conditions. An intersection template form will be prepared to document the observations and
update the Synchro files(s). In addition to verifying physical characteristics of each intersection,
Muller will observe intersection and corridor traffic operations during each of the five time
periods noted in Task 4.2. Muller staff will note operational issues such as over -capacity
conditions, queuing problems, lane utilization, ped/bike activity, progression quality, link speeds
etc. Muller will also utilize the "before" travel-time/delay data collected during Task 4.4 to
identify existing problem locations and areas for improvement.
Muller Engineering Company Page 2 of 6 October 29, 2008
Standard Professional Services Agreement- rev07/08