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457580 J F SATO AND ASSOCIATES - CONTRACT - RFP - P1161 PEDESTRAIN AND BICYCLE GRADE SEPERATED CROSSING AT TROUTMAN PARK
PROFESSIONAL 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 J. F. Sato and Associates, 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 the scope of services attached hereto as Exhibit "A", consisting of ten (10) pages, and incorporated herein by this reference 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing 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: J. F. Sato and Associates City of Fort Collins, Engineering City of Fort Collins, Purchasing Attn: Mr. James F. Sato Attn: Mr. Jin Wang PO Box 580 5898 South Rapp Street PO Box 580 Fort Collins, CO 80522 Littleton, CO 80120 Fort Collins, CO 80522 Page 1 1) Determine the structure layout alternatives. Determine the structure length, width, and span configurations that satisfy all horizontal and vertical clearance criteria. For walls, determine the necessary top and bottom of wall profiles. 2) Determine the structure type alternatives. Consider precast and cast -in -place concrete and steel superstructures and determine the spans and depths for each. For walls, determine the feasible wall types (CDOT Bridge Design Manual Section 5 will not apply). 3) Determine the foundation alternatives. Consider piles, caissons, spread footing, and reinforced earth foundations based on geology information from existing structures and early estimates from the project geologist. Foundation investigation will be performed by JFSA's subconsultant, Yeh and Associates. (d) Determine the rehabilitation alternatives. This is not needed because there are no existing structures. (e) Determine a construction phasing plan by providing input on the effects of construction phasing on the structural elements. The impact of staged construction on the structure alternatives shall be considered and reported on. (f) Compute preliminary quantities and preliminary cost estimates as necessary to evaluate and compare the structure layout, type, and rehabilitation alternatives. (g) Evaluate the structure alternatives. Establish the criteria for evaluating and comparing the structure alternatives that, in addition to cost, encompass all aspects of the project's objectives. Based on these criteria, select the optimum structure layout, type, and rehabilitation alternative, as applicable, for recommendation to the City. (h) Prepare preliminary general layout for the recommended- structure. Prepare structure layouts in accordance with the CDOT Bridge Detailing Manual. A detailed preliminary cost estimate shall accompany the general layout. (i) Memorandum of Design — Structures. Prepare a Memorandum of Design — Structures summarizing the an design criteria, and recommendations. This memo should summarize the structure site data used to select and layout the structure. Include the following: o Project site plan o Roadway vertical and horizontal alignments and cross sections at the structure o Existing site condition data o Construction phasing o Utilities on, below, and adjacent to the structure o Hydraulics (not required): description of why no hydraulics is needed o Preliminary geology information for structure foundations o Architectural requirements o Consideration of different types of superstructures (see Conceptual Design for number of alternatives) and use of square foot costs to determine the most cost efficient type Page 3 (j) Report on the structure selection and layout process. Include the following: o Discuss the structure layout and type of structure alternatives considered. o Define the criteria used to evaluate the structure alternatives and how the recommended structure was selected. o Provide a detailed preliminary cost estimate based on estimated quantities and a general layout of the recommended structure. (2) Conceptual Design: JFSA will provide conceptual design alternatives for the trail alignments and bridge concepts (two maximum) as part of the structure selection report. At the completion of the conceptual design phase, JFSA will prepare a Conceptual Design Report, which will include conceptual drawings and design calculations, identify all land acquisition requirements, and contain a conceptual Opinion of Cost to identify any possible funding shortfalls. c. Coordination with the BRT MAX: Coordinate the crossing alternative analysis with the current BRT MAX design. The City will provide the AutoCAD file of the current BRT MAX design around Troutman Parkway. d. Public Involvement: One public meeting is anticipated before the structure selection report is finalized. JFSA will provide the City with exhibits for the meeting and be in attendance. 3. Preliminary Desiqn a. Preliminary Plans: JFSA will provide detailed design plans for all project components. A status set of plans will be kept available to the owner for review and submittal to the appropriate agencies, utility companies, and affected property owners as needed. b. Utilities: The plans will show all found existing utilities and structures. It is anticipated that the utilities in the area are limited to a City 12-inch water line running east and west across the railroad ROW, a Comcast line on the east side of that ROW, a gas line on the east side, an electric line for the light pole on the west side, and a possible secondary communication line on the east side. The only utility running across the railroad ROW is the water line. It is not anticipated that a relocation of the water line in the railroad ROW will be needed. Some modifications to the water line on the east side of the ROW may be necessary but it is assumed this is minimal. They will be shown both horizontally and vertically, if possible, and in relation to the proposed improvements. JFSA will identify all utility conflicts and will coordinate relocation/removal through the appropriate utility companies. It is anticipated that the City will provide both potholing and surveying of the pothole locations. c. ROW: JFSA will identify impacts on the existing properties and determine areas of temporary and permanent easements or ROW acquisitions by providing the City with toe of fill or cut slope locations., The following will be provided by the City of Fort Collins (see 2.a.(7) and (8)): 1) Legal descriptions Page 4 2) Appraisal and acquisition service through the City Real Estate Services d. Permits: JFSA will prepare the applications for necessary permits noted herein for the design phase. This does not include the application for an Army Corps of Engineers Section 404 permit. CDOT will do the Section 404 permitting as well as the Hazardous Materials clearance. (1) It should be noted that a BNSF Private Crossings permit application and submittal of this application to BNSF will be required. A permit application fee of $350 is required by BNSF. Any additional changes to the permit after submittal will require an additional fee of $350. It is assumed that JFSA will assist the City in preparing this permit application but that the City will submit the permit and pay the fees. It should be also noted that BNSF reserves the right to deny the permit based on safety and operational constraints as deemed solely by the railroad. (2) Assist the City with the PUC application. e. NEPA: JFSA will prepare documents in accordance with the requirements of the current federal and state environmental regulations, including the National Environmental Policy Act of 1969 (NEPA). An Environmental Assessment has previously been completed for the entire Bus Rapid Transit project that will be adjacent to the RR. For NEPA documentation, the intent is to qualify the project as a Categorical Exclusion to be tiered off of the previously approved Environmental Assessment. Additionally, CDOT has already done a preliminary site review and have not identified any issues. CDOT will also handle anything that arises from the initial site assessment by JFSA. If. Section 404 Permit: It is not anticipated that this project will need to obtain a Section 404 Clean Water Act permit for dredge and fill of jurisdictional waters of the US. This work will include related tasks necessary to complete the permit, including a wetland mitigation plan, wetland delineation, and compliance. with the US Endangered Species Act. However, this task will be provided by CDOT. g. Storm Water Discharge Permit Associated with Construction Activity (CDPS): During construction, if 1 acre or more of earth disturbance is anticipated, a Colorado Discharge Permit System (CDPS) permit will be required. JFSA will complete the Storm Water Management Plan forms provided on CDOT's website as part of the CDPS permit to the construction plans. The SWMP must be approved by Cathy Curtis, CDOT Region 4 landscape architect, (303) 757-9174. Discharges from the City's municipal separate storm sewer system (MS4) must also follow the City's MS4 permit requirements. h. Environmental: Before evaluating the environmental issues associated with this project, JFSA will gather data and reports that have been previously completed within the project area. As noted above, in item "e", an Environmental Assessment NEPA document has been completed for the Bus Rapid Transit project, and CDOT has also reviewed the site and found no apparent issues. CDOT will also provide the field and office work necessary to address any issues that may come up. JFSA will take CDOT's previous work and incorporate them into the appropriate permit applications. The following tasks will be performed, with those tasks to be performed by CDOT duly noted: Page 5 (1) A Phase I Environmental Site Assessment must be completed prior to any property transactions and also to assess potential. health and safety issues associated with construction activities. The initial site assessment will be conducted by visiting the site and reviewing available records to determine if any hazardous materials may be present in the project area. CDOT is responsible for this hazardous material clearance. In general, their scope of services for CDOT includes: • Review readily available historic land use documentation • Review the current site conditions • Produce a report summarizing our findings (2) Based on proposed construction activities and depth, a paleontological, archaeological, and historical survey may be required. An initial site review will be needed to determine if additional, in-depth investigations are required. It is anticipated that CDOT will provide these services as they have on similar projects. (3) A historical review of the project area will need to be assessed to evaluate potential historical structures, including the bridge. It is anticipated that CDOT will provide this service as they have on similar projects. (4) Lead -based paint is not expected on this project. (5) Wetlands delineation is not expected to be a concern for this project. It is anticipated that CDOT's environmental specialist will examine the site for wetlands. None are expected unless the project extends to areas near the irrigation canal and not delineation or mitigation is included in this scope. If wetlands delineation and/or mitigation is required due to the extent of the final alternative selected, the work can be added to either CDOT's work or JFSA's contract. If a supplement is provided, JFSA's work will be in accordance with the 1987 Corps of Engineers Wetland Delineation Manual and as noted: • A Section 404 permit may be required from the US Army Corps of Engineers if the wetlands are jurisdictional (provided by CDOT). • A Wetlands Findings Report may be required by CDOT. • A Wetland Mitigation ,Plan report will need to be completed if the wetland impacts are greater than 500 square feet or temporary impacts of 1,000 square feet. Also, wetland mitigation will need to be completed on a 1:1 mitigation ratio. All mitigation requirements will be coordinated with Jim Eussen, CDOT Region 4 biologist, (970) 350-2168. (6) A Noxious Weed Integrated Management Plan will be required for the project area, to evaluate the most practical method of weed control. (7) A threatened and endangered species habitat assessment by a qualified biologist is not required as noted by the Environmental Assessment. In conjunction with this work, JFSA will consult with the local office of the Division of Wildlife to determine jurisdiction of the Senate Bill (SB) 40 regulations. Project disturbance may not exceed the threshold amounts of wetland or riparian areas in the Application Criteria in Section III.A of the DOW/CDOT Guidelines. It is anticipated that a formal SB 40 certification is not required. However, in any case, the project would still be required to submit a Page 6 Programmatic Certification. If there is disturbance, according to the environmental assessment, "all disturbed areas will be replanted as soon as possible following construction with drought tolerant, native vegetation. A nesting survey for active migratory bird nests is recommended prior to start of construction and during the breeding season (approximately mid -April through August) to ensure no active nesting locations are disturbed. If required, appropriate permits will be obtained through U.S. Fish and Wildlife Services." (8) A Biological Assessment (BA) is not- anticipated for the design at this time. L Geotechnical Engineering: JFSA and our subconsultant, Yeh, will conduct geotechnical investigation for the project. There are two separate boring programs depending on the type of structure selected. For the overpass, 4 to 5 test holes would be drilled at ramps, abutments, and pier locations for foundation recommendations. For the underpass, three to four test holes would be drilled to determine subsurface conditions, including groundwater elevations. The general tasks will include: (1) Gather geological and geotechnical data to determine the impact of any geologic features. The information to be collected includes geologic maps, aerial photos, and geological hazard information, if any. (2) Conduct field reconnaissance and perform geological evaluation to field verify information collected. Potential problems identified during examination of information gathered will be checked in the field. (3) Conduct a subsurface exploration program by drilling test holes. Groundwater levels will be checked in each borehole several days after the .drilling is completed. Samples obtained will be.tested in the laboratory to determine their engineering properties. (4) The results of our field explorations and laboratory tests will be the basis for our conclusions and recommendations from the geotechnical report. Borings will be provided for subsurface information to address the new bridge support and pavement design. Data from these test borings will be needed for the foundation recommendations and the final pavement designs. Assumptions will include: (a) It is assumed that bedrock will be located approximately 25- to 30-feet down. Therefore, the bridge foundation test borings will be drilled up to 60 feet or approximately 10 feet into bedrock. (b) The location of the test borings will be selected based on the bridge layout information provided by JFSA. Field location of the test borings both pre- and post - drilling will be determined by professional survey provided by others. (c) Soil samples will be retrieved from the borings, inspected by the project engineer, and subjected to appropriate laboratory tests. (d) Groundwater levels will be checked during drilling and several days after the drilling is completed. Page 7 (e) The results of our field explorations and laboratory testing will be analyzed to obtain parameters for bridge foundation recommendations and pavement design recommendations. (f) A geotechnical report will be prepared to summarize the results of our field and laboratory testing and our foundation design. Specifically the report will include: • Descriptions of the existing subsurface conditions encountered. • Boring logs graphically depicting the subsurface data. • Subsurface profiles showing the geology along the proposed roadway. • Recommendations pertaining to special treatment of pavement subgrades due to soft subgrade soils. These could include moisture conditioning, subexcavation, or other state -of -practice improvement methods. • Recommendations for bridge foundation types. • Discussion concerning the ramifications of high groundwater. • The results of the soil corrosivity testing (soluble sulfates, pH, chlorides, and electrical resistivity) or proposed construction recommendations to help mitigate corrosion concerns or sulfate related concrete problems. • Compaction criteria for pavement subgrade and base course and shallow embankments that will help the construction of the roadway pavements. (h) Foundation, retaining walls, and vertical stability design recommendations will be prepared in accordance with AASHTO guidelines. Other related recommendations would be prepared in general accordance with the procedures used by the City or CDOT. (5) Soil nail, vertical support, and stability at the abutments or vertical sides . recommendations and technical design. (6) Prepare a report summarizing the geological data, site exploration data obtained during the field investigations, laboratory test results, conclusions and recommendations. The geotechnical work and report preparation will be conducted under the supervision of a registered professional engineer. j. Trail Design: This task will consist of conducting research, collecting data, coordinating with bridge design team regarding approaches, setting horizontal and vertical alignment, preparing trail plan and profile sheets, preparing cross sections and typical sections sheet, accommodating trail drainage, and revising documents based on agency comments. The trail will connect to the existing trail on the west side of the railroad tracks and to Troutman Parkway on the east side of the tracks. k. Bridge Design: The new grade separated crossing structure is expected to be on the order of 100- to 120-feet long with a width and height to be determined during the conceptual stage, approximately 10-feet high and 12-feet wide. The exact lengths and widths will be determined in concert with the City. JFSA will study a number of concepts (see Concept Design section) including both an overpass and an underpass and compare the relative benefits of each concept. Page 8 I. Drainage Design: This effort is based on the underpass structure being selected as the desired alternative. Drainage of the underpass is assumed to be possible with a gravity drain system that will connect to the New Mercer Ditch. m. Lighting Design: Pedestrian lighting is required for the structure. The level of effort will be based on a underpass condition. JFSA will identify the power requirements needed and if the nearby light pole on the west side does not have adequate power, JFSA will note on the plans that the power source will be designed and provided by the future BRT station. n. Estimates: JFSA will provide an opinion of probable construction costs based on 30% and 90% complete plans. o. Submittals: At the completion of the Preliminary Design Phase, JFSA will provide the City with 12 half-size (11 "x17") sets of review plans. The plans will be approximately 30% complete. JFSA can also provide these drawings to the City in electronic format. p. Field Inspection Review (FIR): JFSA will attend the FIR conducted by the City, with CDOT in attendance at an approximate 30% completion phase. 4. Final Design a. At the final design level, JFSA will provide detailed design plans for all aspects of the project, including trail, bridge, wetland mitigation, property restoration, drainage, erosion control, and culvert plans. For this preliminary scope of work it was assumed that the selected alternative will be the underpass design. An overpass may take additional disciplines for a possible elevator and aesthetic treatment. The long ramps on either approach will also add more structural design work to the contract. When the final design is completed JFSA will provide half-size drawings plotted on high - quality paper to ensure accuracy and scale. One set of final design drawings will be signed and stamped by a Colorado registered professional engineer. b. JFSA will prepare contract documents and specifications. JFSA will develop the technical specification format in CDOT format. The contract documents will contain the City of Fort Collins' standard contracts and bid forms. c. It is anticipated that the construction will be done in two separate packages, one for work within thirty feet of the BNSF railroad track, and one for the rest of the work. The construction documents will then be needed in two separate packages for each work area. d. Near the completion of the Final Design Phase, JFSA will provide the City 13 half-size sets of review plans and the specification package. The plans will be approximately 90% to 95% complete. JFSA will submit final drawings on disc in PDF format. e. Final Office Review (FOR): JFSA will attend the FOR conducted by the City, with CDOT in attendance. CDOT requires this at the 90-95% complete stage. All comments shall be incorporated into the final set of bid documents. Construction Documents: A complete set of bid ready plans and documents will be submitted to the City. Once CDOT approves of the construction documents for sealing, JFSA will seal and sign (by a Colorado PE) three sets of 8.5" x14" drawings. In addition, an Page 9 electronic copy of the construction plans and specifications will be submitted to the City. The acceptable formats are AutoCAD, MS Word, and PDF and as requested by the City. 5. Construction Engineering Support JFSA will provide construction administration as noted below: a. Attend prebid conference. b. Assist with prebid technical questions concerning the design. c. Assist with a review of the bids. d. Attend the preconstruction conference. e. Review construction shop drawings for conformance with the contract documents and compliance with the provisions of the Standard Specifications for Road and Bridge Construction. f. Provide technical assistance during the construction period. g. Assist with the evaluation of design change requests. h. Complete as -built plans based on redlines will be provided by the Contractor and the City. JFSA will transfer to the electronic plans. 6. Work Hours Estimate A spreadsheet with the breakdown of hours by task is attached. A total is shown on the last sheet. It should be noted that this estimate was based on the final design for an underpass structure. An overpass structure may require an elevator shaft and additional aesthetic treatment that would increase the scope of work. An overpass would also require a ramp structure on piers and foundations, which would also increase the amount of design effort. Page 10 EXHIBIT B P1161 PEDESTRIAN AND BICYCLE GRADE -SEPARATED CROSSING AT TROUTMAN PARKWAY PROJECT SCHEDULE WBS Task Name Duration Start Finish 01 Jul AugOct Nov Dec 1 NOTICE TO PROCEED 1 day Mon 4127109 Mon 427/09 t.a. KICKOFF/PREDESIGNMEETING 1day Tue428109 Tue428/09 1.a.(1) DEVELOP DESIGN CRITERIA 5days Wed 429/09 Tue%109 1.b. PROGRESS MEETINGS (2-4 WEEKS) 1T7 days Wed 429/09 Thu 12/31/09 l.b.(I) PROJECT MANAGEMENT 178 days Tue 428109 Thu 12131109 K77777-- 2.a. RIGHT OF ENTRY PERMITS (DONE) 0 days Tue 5/5109 Tue 5I5109 2.a. INITIATE SURVEY (DONE) 0 days Tue 5/5109 Tue 5/5109 2.a. SURVEY (DONE) 0 days Tue SISM Tue 61&% 2.b. CONCEPTUAL DESIGN 15 days Fri 511109 Thu 521109 2.b.(I)(c) ALTERNATIVES ANALYSIS 10 days Fri 522109 Thu 614109 2.b.(i)(a) REVIEW EXISTING INFORMATION 2days Wed429109 Thu4/30109 3.b. PRELIM. UTILITY COORDINATION 2 days Mon 427109 Tue 428109 3.c. PRELIM. ROW 3 days Tue 6d16/09 Thu 6118109 3.g. PRELIM. ENVIRONMENTAL CLEARANCES 8 PERMITS 60 days Wed 429109 Tue 721/09 3.h. FOUNDATION / GEOTECHNICAL INVES. & REPORT 21 days Tue 5112109 Tue 6/9/09 3.j. PRELIM. TRAIL DESIGN 20 days Tue 5119109 Mon 6I15/09 3.j. PRELIM. DRAINAGE 30 days Fri 511109 Thu 6111/09 3.k. PRELIM. BRIDGE DESIGN 20 days Tue 526109 Mon 622M9 3.k.(1) STRUCTURE SELECTION REPORT 1 day Tue 526I09 Tue 5I26109 3.k.(2) COOT SSR REVIEW 15 days Wed 527109 Tue 6116109 3.m. PLAN PREPARATION FOR THE PRELIMINARY REVIEW 5 days Tue 623109 Mon 629109 3.n. FIELD INSPECTION REVIEW 1 day Mon 7/20/09 Mon 7120109 3.n.(1) BNSF 50%REVIEW 21 days Wed 527109 Wed 624I09 4.a.(1) FINAL ROW IMPACTS DELINEATION 10 days Tue 918/091 Mon 921/09 4.a.(2) FINAL BRIDGE DESIGN 60 days Thu 8/13109 Wed 1114109 4.a.(3) FINAL TRAIL DESIGN 30 days Tue 728M9 Mon 9/7109 4.a.(4) FINAL UTILITY COORDINATION 30 days Tue 814/09 Mon 9114109 4.a.(5) FINAL DRAINAGE REPORT 30 days Tue 8/4/09 Mon 9114109 4.a.(6) COMPLETE PERMITS 90 days Thu 816109 Wed 1219I09 _ 4.a.(7) BNSF 80%REVIEW 21 days Thu 1018/09 Thu IIISM9 4.c. PLAN PREP. FOR THE FINAL OFFICE REVIEW 5 days I Thu 11/5109 Wed 11111109 4.d. FINAL OFFICE REVIEW 1 day Thu 12/10/09 Thu 12/10/09 4.e. CONSTRUCTION PLAN PACKAGE (PSBE) 15 days Fri 12/11/09 Thu 12(31/09 Project: FORT COLLINS TROUTMAN F Date: Fri 4110/09 Task 0 Milestone Rolled Up Critical Task 0 Split ANIONMI Task 0 Summary ^ Rolled Up Milestone 0 External Tasks Progress Rolled Up Task 0 Rolled Up Progress Project Summary Page 1 EXHIBIT C FEE SCHEDULE P1161 PEDESHOURTRIAN FEE ESTIMATE RARE-ATIO\ JFSi�� P1161 PEDESTRIA\ AND BICYCLE GRADE -SEPARATED CROSSING AT TROIiT\IA\ P.1RhNAY CITY OF FORT COLLINS I I-. Sao AND A&S- -IAI C Date: March 31, 2009 a- PROJECT_D_ESIGN SURVEY (1) (a) PRESURVEV CONFERENCE (1) (b) RIGHT OF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY (4) 8 (6) UTILITY 8 POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7) . ROW/OWNERSHIPMAP_.___-,. b. �CON.CEPTUALI DESIGN - �'~'- (1)'� CONCEPTUAL TRAIL ALIGNMENTS (2) CONCEPTUAL BRIDGE DESIGNS (3 CONCEPTS, INCL. OVERPASS AND UNDERPASS) (3) STRUCTURE SELECTION REPORT (4) CONCEPTUAL PLANS DEVELOPMENT/DATA GATHERING (5) �CONCEP7UAL DESIGN REPORT 2 8 10 $1,336 4 8 24 20 56 $S 11D 2 24 1 1 21 28 53,28 1 1 8 8 16 $1,747 (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) LAND ACQUISITION REQUIREMENTS (d) CONCEPTUAL DESIGN REVIEW MEETING C BR7 MAX Coo - I 2 16 . 18 $1,872 2 2 2 4 6 $84 5 8 5 8 S87 3-99 O. PUBLIC INVOLVEMENT ( GROUP MEETING 2 4 27 1 34 $4 226 SUBTOTAL CONCEPTUAL DESIGN H 3 PRELIMINARY DESIGN PHASE a REVISIONS FROM CONCEPTUAL DESIGN REVIEW b. ... �.. _.... __�__—___. 4G{6RJESJA1VE$T1GA-TI9N..._��..._____ (2) (3) COORD. RELOCATION INFO. Wf UTILITIES & PRELIM. DESIGN c. RIGHT-OF-WAY IMPACT PLANS 0-f, h.(ENVIRONMENTAL•'OOCUMENTATION--__ (2) 8 (3) SB 40 PROGRAMMATIC CERTIFICATION (I WETLANDS DELINEATION (by COOT) (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (al (7) (b) III) I. (MATERIALS ENGINEERING -� (1) GEOTECHNICAL INVESTIGATION � "- (2) SOIL STABILIZATION DESIGN AT ABUTMENTS (2) (3) DRAINAGE ANALYSIS (4) PRELIM. DRAINAGE REPORT 9. 8I. STORMWATER DISCHARGE PERMIT (COPS) WITH SWMP PER MS4 I. TRAIL DESIGN 8 OUANTS 8 COSTS I,An BRIDGE,DESIGN_'_8_O_UANTS S_COSTS_ _ - LIGHTING 0- FIR PREPARATION 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 Fifteen Thousand Nine Hundred Sixty Five Dollars ($215,965.00) plus reimbursable direct costs in the amount of Two Thousand Two Hundred Forty Six Dollars ($2,246.00) according to Exhibit "C" consisting of six (6 pages and incorporated herein by this reference with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Two Hundred Eighteen Thousand Two Hundred Eleven Dollars ($218,211.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 reimbursable direct costs. The parties acknowledge that the sub -contractors, Page 2 EXHIBIT C FEE SCHEDULE ADD FEE ESTIMATE TABULATION WORK HOURPEDESTRIAN PI161 PEDESTRIAK AND B[CI'CLE GRADE -SEPARATED CROSSING AT TROIiT\IA\ BICYCLE RADE PARS\VAI'' J FS&� CITY OF FORT COLLINS . �. li svo A�r� ,�c�ctihal Date: March 31, 2009 ' Indicates Contract Workers and—idered "Outside Services" J.F. SATO AND ASSOCIATES PM Bridge Ergr. Bridge Engr. Bridge Tech Road Designer Drainage Road Tech Envir. Mgr. Envir. Scien. Envir. Tech Civil Ergs Civil Engr. Tech Admin. JFSA TASK DESCRIPTION Direct as JFSA Fees Stan Bill Luzier Narasimham 'Paul Ryan David Chandan any young Lynn Dave Brad Disner Laurie Ratl Linda Costs Hours Kobayashi VempaU Haas Krell Momssey Dos BoviOdge .Mullen Moran Blumenshine Stuchlik 174.90 120.00 E714.62 E35.IR7 E723.25 $105.70 $95.11 $139.14 E92A1 572.20 5131. $7.02 1 $90.68 1 $89.60 PLAN REVISIONS DESIGN,Row (a) TRAIC ROAD DESIGN,(a) STI�OCTURE FINAL (b) QUANTITIES (C� INDEPENDENT DESIGN CHECK (d) INDEPENDENT QUANTITYCHECK ©---�_------�©� MEMO DRAINAGE REPORT SWMP 12 PLANS (3) FINAL DRAINAGE PLANS it PLAN PREPARATION FOR FINAL OFFICE REVIEW e FINAL OFFICE REVIEW CONSTRUCTION PLAN PACKAGE one= mum '= •�'��'i�S1iI1i��.ISL917:1�{7���iG1SLl�:]t�Eii"i7�ilEiNEtL WORK HOURS AND FEE ESTIMATE TABULATION P1161 PEDESTRIAN AND BICYCLE GRADE -SEPARATED CROSSING AT TROD' CITY OF FORT COLLINS Date: March 31, 2009 TASK DESCRIPTION EXHIBIT C FEE SCHEDULE OA10C Prq. Project Admin. I Sr. Engr. Sr. Engr. Princ. Engr Tech. Admin Mgr Admin. Adming Asst. Designer _CANTON CLANTON KJ Task KJ Direct Hours Fees Direct Task Hours Fees Costs Costs a. (1) J KI KO IN (1) (2) COORDINATION WITH OTHER AGENCIES 8 BNSF RR _ b. (1) PROGRESS MEETINGS (10) (2) PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM MTGS, ETC.) 2 11 1 1 1 4 $289 85 $12,929 2 CONCEPTUAL DESIGN PHASE SUBO AL 0.1 A AGEME U_ 6 1 1 1 4 289 12,929 0 a.,PROJECT _ _ DESIGN SURVEY - (1) (a) PRESURVEY CONFERENCE T �- (1) (b) RIGHT OF ENTRY PERMITS �(2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY ,(4) 8 (6) UTILITY 8 POTHOLE SURVEY (SEE 31) 15) HYDRAULIC SURVEY 11) ROW/OWNERSHIP MAP b.LCONCEPTUAL DESIGN- (1) CONCEPTUAL TRAIL ALIGNMENTS —�— (2) CONCEPTUAL BRIDGE DESIGNS (3 CONCEPTS, INCL. OVERPASS AND UNDERPASS) (3) STRUCTURE SELECTION REPORT (4) CONCEPTUAL PLANS DEVELOPMENTIDATAGATHERING _ (5) CONCEPTUAL DESIGN REPORT _ (a) CONCEPTUAL DRAWINGS - (b) CONCEPTUAL CALCULATIONS - (c) LAND ACQUISITION REQUIREMENTS (d) CONCEPTUAL DESIGN REVIEW MEETING cJBRT MAX COORDINATION-' _ d. PUBLIC INVOLVEMENT 1 1 l;ROI IF MFFTIW-, ---- _ a REVISIONS FROM CONCEPTUAL DESIGN REVIEW 12) GANA416T FI� (3) COORD. RELOCATION INFO. W/ UTILITIES 8 PRELIM. DESIGN c RIGHT-OF-WAY IMPACT PLANS d-f, h. )ENVIRONMENTAL DOCUMENTATION— (1)8(4) �NEPA CATER DOCUMENT WRITING (2) 8 (3) SB 40 PROGRAMMATIC CERTIFICATION (5) WETLANDS DELINEATION (by CDOT) (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (T) (a) (8) i. MATERIALS ENGINEERING 11) GEOTECHNICAL INVESTIGATION '� '- �"""'�� (2) SOIL STABILIZATION DESIGN AT ABUTMENTS 13) GEOTECHNICAL REPORT I. bRAINAGE (2) (3) DRAINAGE ANALYSIS (4) PRELIM. DRAINAGE REPORT g. 81. STORMWATER DISCHARGE PERMIT (CDPS) WITH SWMP PER MS4 j. TRAIL DESIGN 8 OUANTS 8 COSTS IBRIDGE DESIGN 8 OUANT5 8 COSTS —'-- - ---' m. LIGHTING ----`---------" G. FIR PREPARATION 3 EXHIBIT C FEE SCHEDULE WORK HOURS AND FEE ESTIMATE TABULATION P1161 PEDESTRIAN ANC BICYCLE GRADE -SEPARATED CROSSING AT TROD' CITY OF FORT COLLINS Date: March 31, 2009 TASK DESCRIPTION ,Kennedy Jenks K-J Task Hours K-J Fees LIGHTING - CLANTON CLANTON Task Hours CLANTON Fees Sr, Engr. Sr. Engr. QArQC Mgr Proj. Admin. Project Adming Admin. Asst. Direct Costs Pnnc. Sr. Designer Engr. Tech. Admin. Direct Casts 208.70 15348 126.57 112.69 86T 57.92 140 $75 7 55 4 FINAL DESIGN a. p) UTILITIES RELOCAT- ION PLANS (WATER LINE DESIGN)_____ —� C) !RIGHT-OF-WAY _ -- — - - (a) ROW FINAL PLANS (b) ROW PLAN REVISIONS (3) ITRAIL DESIGN_ - ,�____ ____ (a) TRAIL DESIGN, PLANS, SPECS (b) QUANTITIES (c) ROADWAY CHECK N) , BRIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (d)_INDEPENDENT QUANTITY CHECK b. 'l)RAINAGEAND�SWMP (1) DRAINAGE REPORT 2SWMP PLANS -_ FINAL DRAINAGE PLANS . _ c ,IGHTING _.--_ _ T d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE REVIEW (1) CONSTRUCTION PLAN PACKAGE 2 14 22 18 54 53,860 - FINALSUBTOTAL 0 1 1 ' TOTAL DESIGN HOURS 2 76 1 I 1 4 $289 854�129 7 38 58 34 0 SO 137 $f0.050 4. . 5 CONSTRUCTION ENGINEERING SUPPORT ' a. . b PREBID QUESTIONS c BID REVIEW d PRECONSTRUCTION CONFERENCE e SHOPORAWINGS f TECHNICAL ASSISTANCE DURING CONSTRUCTION 9 EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION 8 8 •16 $1200 4 4 8 S600 IUOT87X=TRUCTION SERVICES 01 01 01 01 01 01 so[0 0 121 12 01 0 S1, 00 • TOTAL HOURS (DOES NOT INCLUDE MISC. FEES SUCH AS RAILROAD FLAGGER. ETC. 2 76 i 1 1 1 1 1 4 S289 S12,929 7 - 50 70 34 0 SO i61 E11,850 AL H S)EPARTME EXHIBIT C FEE SCHEDULE WORK HOURS AND FEE ESTIMATE TABULATION P1161 PEDESTRIAN .ALND BICYCLE GRADE -SEPARATED CROSSING AT TROLi' CITY OF FORT COLLINS Date: March 31, 2009 TASK DESCRIPTION YEN-GEOTECH - SubTask:YEH Flours Fees TOHOURSSK TOTAL FEE Pnnc Pmj. Mgr. Prot. Engr. Prot. Engr. Sr. Tech Staff Engr. Tech Lab Tech I Direct Costs Shan-Tai Yeh Jere Strickland Ben Arndt Sam Yu Lev Bekker Sam McKay Mark Norris Mustapha Aichiouene 186.84 $129.96 $114,39 $88.70 71.10 556.86 $53.50 8.58 1 PROJECT MANAGEMENT a. (1) PROJECT KICKOFFI (1) (2) COORDINATION WITH OTHER AGENCIES & BNSF RR b. 11) PROGRESS MEETINGS(10) 12) PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM MTGS, ETC.)1 1,04 89 $13,422 60 $1Q209 140 $8,996 2 CONCEPTUAL SIGPHASE - a.!PROJECT DESIGN SURVEY (1) (a) PRESURVEY CONFERENCE (1) (b) RIGHT OF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL 13) TOPOGRAPHIC SURVEY (4) 8(6) UTILITY & POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7).-_ ROW/OWNERSHIP MAP b.(CON_CEP_TUAL DESIGN T _ (1) CONCEPTUAL TRAIL ALIGNMENTS'— —. -- — 121 CONCEPTUAL BRIDGE DESIGNS (3 CONCEPTS, INCL. OVERPASS AND UNDERPASS) (3) STRUCTURE SELECTION REPORT (4) CONCEPTUAL PLANS DEVELOPMENT/DATA GATHERING 40 $1 336 56 S5,110 28 $3,280 (5) +CONCEPTUAL.DESIGN REPORT _ '-' 16 $1,747 (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) LAND ACQUISITION REQUIREMENTS (d) CONCEPTUAL DESIGN REVIEW MEETING c.(BRT MAX bOORDINATfON.._�..-_,...--�_.�. ______�_ d. PUBLIC INVOLVEMENT 1 GROUP MEETING) 18 $1,872 2 $350 S8 5 5 8 75 $875 $1,399 34 S4,2.26 SUBTOTALCONCEPTUAL S HOUR! 3 PRELIMINARY DESIGN PHASE 0 0 0 18 1, a REVISIONS FROM CONCEPTUAL DESIGN REVIEW r. _.... ._... ..._..... (�) (3) COORD. RELOCATION INFO. W/ UTILITIES & PRELIM. DESIGN c. RIGHT-OF-WAY IMPACT PLANS _ _ _ d-( h. (ENVIRONMENTAL DOCl1MENTATION -_— - `--`�'--'—`---`-`— - — --- -- - ---- � � —� - ---- (15 & (4) _ ..- NEPA CATER DOCUMENT WRITING (2) & (3) SB 40 PROGRAMMATIC CERTIFICATION (5) WETLANDS DELINEATION (by COOT) (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (a) (7) (b) &F�-.�FG068 (8) 0 i. tMATERIALS,ENGINEERING Ib — GEOTECHNICAL INVESTIGATION _ (2) SOIL STABILIZATION DESIGN AT ABUTMENTS (3) GEOTECHNICAL REPORT I. rDRAINAGE ----_— _— 22 $2,279 8 S725 4 S363 13 $1 212 2 $� 65 �''9'2 9 S875 11 $1 054 8 20 16 80 16 24 S2,246 154 $14,330 66 1106 $14,620 2 60 20 24 $9,943 166 $9,943 2 $290 (1) �gtgRg✓=gCGY (2) (3) DRAINAGE ANALYSIS (4) PRELIM. DRAINAGE REPORT - g. 81. STORMWATER DISCHARGE PERMIT (CDPS) WITH SWMP PER MS4 t. TRAIL DESIGN & OUANTS & COSTS k.&n. IBRIDGE DESIGN'B QUANTS'8 COSTS _ _ —` -'"' _.,-,...__..._ .._-.._._.._..,._ 23 $1, 955 29 $2,531531 24 $2,138 52 S5,764 144 13 863 m- LIGHTING o. FIR PREPARATION FIELD INSPECTION REVIEW 99 $7,715 -99 161 $1,779 583 SUBTOTAL DESIGN HOURS 1 bul 1W 201 tiul 41.11 24 2q 242 4 1 EXHIBIT C FEE SCHEDULE WORD HOURS AND FEE ESTIMATE TABULATION PI161 PEDESTRIAN'AND BICYCLE GRADE -SEPARATED CROSSING AT TROD' CITY OF FORT COLLINS Date: March 31, 2009 TASK DESCRIPTION YEH-GEOTECH Sub: YEH Task Hours YEH Fees TOTAL,TASK HOURS TOTAL FEE Print: Proj. Mgr. Proj. Engr. Proj, Engr. Sr. Tech Staff Engr- Tech Lab Tech Direct costs Shan-Tai Yeh Jere Sbicktand Ben Arndt Sam Yu Lev Bekker Sara McKay Mark Norris Mustapha Aichiouene $186.84 $129.96 $114.39 $88.70 $7110 $56.86 $53.50 S48.58 4 FINAL DESIGN a. (1) UTILITIES RELOCATION PLANS (WATER LINE DESIGN) 63 .739 (2) IRIGHT-OF-WAY -- (a) ROW FINAL PLANS (b) ROW PLAN REVISIONS (3) ITRAIL DESIGN (a) TRAIL DESIGN, PLANS,, SPECS T (b) QUANTITIES (c) ROADWAY CHECK (e) '.BRIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (I) INDEPENDENT QUANTITY CHECK 59 $6.696 8 $986 2 $350 1 364 $24,060 40 S5,790 96 11,434 40 S5,790 INAGEANDSW b- DRAMP' D — (1) DRAINAGE REPORT (1) (2) SWMP PLANS (3) FINAL DRAINAGE PLANS 30 $2,708 41 $3,561 - - 17 $1,817 C. (LIGHTING d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE REVIEW (p CONSTRUCTION PLAN PACKAGE 54 53.860 29 S1,967 8 S1,499 _ 30 $3,086 SUBTOTAL FINAL DESIGN 0 1 TOTAL DESIGN HOURS 10 20 60 16 20 80 40 24 $2,246 270 $24,273 2,054 $205,545 11.17 SIGN DB = 1 . 5 CONSTRUCTION ENGINEERING SUPPORT a. PREBID CONFERENCE b PREBID QUESTIONS - ' c BID REVIEW d PRECONSTRUCTION CONFERENCE e SHOP DRAWINGS I TECHNICAL ASSISTANCE DURING CONSTRUCTION 9 EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION 1,1 10 S1, 163 2 $290 6 $1.132 28 S2,675 24 -$2,599 12 $1,617 45 $2,058 SUBTOTAL CONSTRUCTIONSERVICES 0 1 TOTAL HOURS (DOES NOT INCLUDE MISC. FEES SUCH AS RAILROAD FLAOGER. ETC. 10 20 60 16 20 80 40 24 $2,246 270 $15,988 2.18 $215,211 TOTAL LABOR HOURS BY DEPARTMENT0 = 1 EXHIBIT D SPECIAL PROVISIONS 4 — ATTACHMENTS REQUIRED BY CDOT 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 IS, except to the extent that other applicable federal requirements (including the provisions of 23 CPR Parts 172 or 633 or G15) 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 1836(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 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. 1. 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 seg. 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 oriffin, 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, 12201-12213 47 USC 225 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 Work -place Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et N. The 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 2 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. 3 APRIL 1980 Nondiscrimination Provisions: In compliance with Tide VI of the Civil Ruts 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 retard 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 around 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 FH-NVA 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 F1iRIA 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 FHNVA 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; 2. Cancellation, termination or suspension of the contract, in whole or in part. 4 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 F]- WA 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 FHNNIA to enter into such litigation to protect the interests of the United States. Kennedy Jenks, Clanton and Associates, Yeh and Associates, Goodbee and Associates, William Luzier and Paul Haaz are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. . Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, 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 an AutoCAD version no older than the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be Page 3 Certification for Federal -aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: 1. 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. 2. 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 ofCon gress, 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 Disadvantaged Business Enterprise Regulations ATTENTION CONSULTANTS - Notice On June 21, 2001, in order to more narrowfy tailor COOT's DBE program to conform with the results of COOT's 2001 Disparity Study update, the Colorado Transportation Commission adopted Resolution No. 966, which established a new definition of Underutilized DBE (UDBE) for construction contracts and for consultant contracts and set a 10.93% overall annual OBE goal for the remainder of FFY 2001 and for FFY 2002. The Disparity Study Update found that ALL DBES were underutilized on COOT construction contracts and on COOT consultant contracts, i.e., it determined that ALL DBES WILL BE CONSIDERED TO BE UDBES. Since all COOT OBEs are considered to be UDBEs, COOT's DBE list will also be the UDBE list. Please contact Business Programs with questions about this change. Telephone: 303-757-9162 or 800- 925-3427 or e-mail Karen.Gonzales@dot.state.00.us. October 12, 2005 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1. Definitions and Procedures - For this project, the fottowing terms are defined. A. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: 1. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is awned by one or more socially and economically disadvantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 3. "Socially and Economically Disadvantaged individuals" means those individuals who are citizens or lawfully admitted permanent residents of the United States and who are: (a) Minorities or individuals found by the Small Business Administration pursuant to Section 8(a) of the Small Business Act to be disadvantaged. (b) Individuals found by COOT s Office of Certification to be socially and economically disadvantaged. B. DBE Joint Venture. An association of two or more businesses formed to carry out a single business enterprise for profit for which purposes they combine their property, capital, efforts, skills and knowledge. OBE joint ventures must be certified as a joint venture. The DBE percentage of the joint venture will be determined at the time of certification. C. Underutilized DBE (UDBE). A firm which meets the definition of Underutilized Disadvantaged Business Enterprise (UDBE) based on the findings and recommendations of CDOT's Disparity Study and is eligible to meet the contract goal as defined in the paragraph titled "Contract Goal." D. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the selected consultant, based on the type of work included in each project and the availability of UDBEs capable of performing such work. The Contract goal will be the percentage stated in the invitation for consultant services and in the project documents. E. Certification as a DBE by the Department 1. Any small business may apply to the Colorado Department of Transportation (CDOT) for status as a DBE. Application shall be made on forms provided by CDOT for certification of DBEs. However, only work contracted or subcontracted to DBEs that also qualify as UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the DBE applicant's responsibility to submit applications so that CDOT has sufficient time to render decisions. CDOT will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will make available a list of DBE contractors, consultants, vendors and suppliers for the purpose of providing a reference source to assist any consultant in identifying DBEs and UDBEs. Consultants will be solely responsible for verifying the Certification of UDBEs they intend to use prior to submitting a Statement of Interest (SOL) The DBE list is available at: http:flwww. dot. state.co.usrapp_ucpl 2. Selection of UDBEs by Consultant: A. Consultants shall exercise their own judgments in selecting any subeonsultant to perform any portion of the work. 3. Requirements A. The use of UDBEs is an evaluation factor for consultant selection under Section 24-30-1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal. B. It the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the UDBE goal for the project. C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. It the consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit. The consultant must submit all UDBE participation commitments on either CDOT Form 91330 (for NPS Contracts) or CDOT Form #1331 (tor PS Contracts) with their SOI in order to receive the oorresponding evaluation points. D. The selected consultant must use the UDBE firms named (if any) on CDOT Form #1330 or 91331 in the Statement of Interest for the items of work described. The replacement of a named UDBE firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. Failure to comply may constitute grounds for default and termination of the Contract. Consultant's UDBE Obligation. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects advertised by the Department agrees to ensure that UOBEs, as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts. The prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the selection and bidding process or the performance of contracts. 2. To ensure that UOBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to UDBI=s related to the UDBE performance of the subcontract. However, the UDBE must independently.perform a commercially useful function on the project, as described in F(4) below. F. Counting UDBE Participation Toward Goals 1. Once a firm has been certified as a DBE that qualifies as a.UDBE, the total dollar amount of the contract awarded to the firm shall be counted toward the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE firm shall be reported to the Department in the Consultant's Cost Proposal. 3. The eligibility of a proposed UDBE subconsultant will be finally established based on the firm's status at the time the contract is signed. If a firm becomes certified as a DBE during performance under a fully executed contract with COOT but prior to the UDBE performing any work, then 100%of the work performed by the firm under that contract may be claimed as eligible work. No work performed by a UDBE firm can be counted toward UOBE participation prior to the firm receiving certification as a DBE. 4. The Consultant may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially usefuf function in the work of a contract. A UDBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a UDBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the UDBE, industry practices, and other relevant factors. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE subcontracts over 51% of the work of the Contract the UDBE. shall be presumed not to be performing a commercially useful function. The UOBE may present evidence to rebut this presumption to the Department. 6. The Consultant may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers specifically for use on the project, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. a. The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if the purchased items are to be used on the project. A UDBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Consultant. The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the UDBE supplier performs a commercially useful function in the supply process. A supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, -gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. c. The Consultant may count toward its UDBE goal the following expenditures to UDBE firms that are not manufacturers or suppliers: 1. The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 2. The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 4. Determination of goal achievement To determine the goals achieved under this Contract; the UDBE participation shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Consultant shall maintain records of payment that show amounts paid to all UDBEs and DBEs. The Consultant shall submit a CDOT Farm 411313 with each billinglinvoice to the Department listing all subconsultants (including UDBEs and other DBEs) that participated in this Contract and the dollar amount paid to each. The Consultant shall certify the amount paid, which may be audited by the Department. When the participation by UDBEs is less than the Consultant committed to the Department, the Consultant shall submit a statement to CDOT along with the COOT Form 41313 that indicates the amount of participation and gives reasons why it was different from the Consultant's SOI commitment. 5. Replacement of UDBEs used to meet the contract goal A. Based upon a showing of good cause the Consultant may request that a UDBE named in the Consultant's Statement of Interest be replaced with another UDBE purrsuant to the terms and conditions of this special provision. Replacements will be allowed only with prior written approval of the Department. B. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Consultant shall furnish to the Department the following: 10 1. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Consultant. 2. A full written disclosure of the circumstances making it impossible for the Consultant to comply with the condition of award. 3. Documentation of the Consultant's assistance to the UDBE named in the Consultant's Statement of Interest. 4. Copies of any pertinent correspondence and documented verbal communications between the Consultant and the named UDBE. 5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the results di the efforts. It is within the oontrol of the Consultant to locate, prior to award, UDBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an In -kind replacement. C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Consultant shall furnish to the Department the following: 1. Documentation that the subject UDBE did not perform in a satisfactory manner. 2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in default. 3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it -cannot complete the work and it is turning the work back to the Consultant. 4. Copy of the contract between the Consultant and the UDBE, plus any modifications thereto. 6 Sanctions A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to participate in the performance of the work. B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, .and in substantial compliance with the terms and conditions of these DBE definitions and requirements. C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E) of these DBE definitions and requirements or operate in a manner. which is not consistent with the intent of the DBE program may be subject to revocation of certification. D. A finding by the Department that the Consultant has failed to comply with the terms and conditions of these DBE definitions and requirements may constitute sufficient grounds for default and termination of the Contract. 11 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR CMS#: P1161 Anticipated Location(s): Fort Collins Project #: Troutman Parkway Sheet: 1 of 2 PROJECT SPECIFIC (PS) Contract DBE Goal: Will Your DBE % Meet the Goal (boxC)? CONSULTANT CONTRACTS 8 '7 % ® YES ElNO Instructions For Prime Consultants: • An officer of the consultant must complete and submit an original copy of this form as pan of the Commendation Section of your PS contract Statement of Interest (SOI). • Submit a separate CDOT Form #1331 for each proposed DBE. • Attached 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 DBE Definitions and Requirements section of the contract, for further information concerning counting DBE (.121 TL lui4._ 1LIUOX6irl la NAME OF DBE SUBCONSULTANT rrvnn i v oc rcrrrvnmr,u I BY DBE SUBCONSULTANT Yeh and Associates I Geotechnical Engineering REQUIRED ATTACHMENTS: El Letter of Acceptance ® DBE certification A) What percentage of the overall contract is this proposed subcontract, supply/vendor contract, OR service/broker contract? A> 5 ova NOTE: Calculate % based on actual subcontractor dollars and not prime contract prices. Only repoR 90 amounts that are eligible for counting toward the contract goal (See DBE 0e11nitions and Reaulroments fi coniractl B) What is the total percentage value of proposed DBE participation from prior sheets/forms? I B> 0 % C) What is the accumulative percentage value of the overall contract that is committed to DBEs? C> 5 % C=[A+B] 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 he items of work listed above is a condition of the contract award. • my company will not use a substitute DBE subconsultant or 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 CDOT, which will negatively impact the scoring of our Statements of Interest (SOI) on future CDOT 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: J.F. Sato and Associates 1/15/2009 COMPA Y OFFICER SI ATURE: TITLE: PI-eS%d�nf CDOT Form 1331 1105 12 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR C0,150: P1161 Anticipated Location(s): Fort Collins Project M: Troutman Parkway Sheet: 2 of 2 PROJECT SPECIFIC (PS) contras DBE Goal: Will Your DBE %Meet the Goat (bar C)? CONSULTANT CONTRACTS 6.7 % Q YES © NO Instructions For Prime Consultants: • An oMleer of the consultant must complete and submll an orighraf copy of this form as part of the Commandadon Section of your PS caaraot Statement of Interest (3a). • Submit a SeParste COOT Form 11331 for te proposed OBE. • Attached a signed Leder of Acceptance and copy of USE certificate from each DEE firm, • Relaln a photocopy for your records. (NOTE: See 49 CFR pan 26.55, and the DBE Definitions arrd Roquiremerds section of the contract, for further information corceming counting DBE participation tawwd the contract's DEE goal,) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFOR161ED BY DBE SUBCONSULTANT Goodbee and Associates Utilities REOUIRED ATTACHMENTS: © Letter of Acceptance ® DBE certification A) What percentage of the overall contract ks this proposed subcontract, supply/vendor contract, OR servicelbrokercontract? A> 4 ,ro NOTE: Calculate % based on actual sutconlractor dotlare and not prone contract prices, Only report % amounts that are ell le tot countim board the contract goal (See DSE Definitions and Reardrements in cantmm-i B) What is the total I B> 5 % percentage value of proposed DBE participation from prior sheets/forms? Q What Is the accumulative percentage value of the overall contract that is committed to DBEs? C=jA+B] C> 9 % I certify that: • my company has accepted a proposal from the DBE suboonsultant named above. my company has noillied the proposed DBE subeonsultant of the commitment % of work (Lefler of Acceptance is attached). • my company's use of the proposed DBE subconsultant for he items of work fisted above Is a condition of the contract award. • my company uAll not use a substitute DBE subconsultant or the proposed DBE subconsuftant's failure to perform under a fully executed subcontract, tudess my company complies with the DBE Definitions and Requirements section of the contract • In addition, it 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 CDOT, wftich w411 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: J.F. Sato and Associates 1/1512009 COMPANY OFFICER I ATURE: TITLE: CDOT Form 13$1 1105 13 EXHIBIT E 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. ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM oa„5/2009YY) ,zoos PRODUCER PINNACOL ASSURANCE 7501 E Lowry Blvd Denver, CO 80230-7006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: PINNACOL ASSURANCE 41190 J F SATO AND ASSOCIATES INC 5898 S RAPP LITTLETON, CO 80120 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L I I I POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYY) DATE(MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1-1 OCCUR PREMISES MED EXP(Any one person) PERSONAL B ADV INJURY GEN'L AGGREGATE LIMIT APPLIERS PER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG POLICY 11 PROJECT L LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Peraccident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO AUTO ONLY: AG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE AGGREGATE OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND X WC STATU- OTHER A EMPLOYER'S LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 1111852 08/01/2008 08/01/2009 LIMITS E..LLEACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000 It yes, please describe under SPECIAL PROVISIONS below E.L DISEASE- POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1150111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins Purchasing Dept. PO Box 280 Fort Collins CO 80522 THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gloria Gardner ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver, The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting parry shall be allowed a period often (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. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal Page 4 CERTIFICATE HOLDER COPY City of Fort Collins Purchasing Dept. PO Box 280 Fort Collins CO 80522 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. 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 Page 5 cease employing or contracting with the illegal alien; except that Professional 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 twelve (12) pages, attached hereto and incorporated herein by this reference. Page 6 THE CITY OF FORT COLLINS, COLORADO \ �--) (-J1b.L JjglrbeB. O'Neill II, CPPO, FNIGP ;tor urchasing & Risk Management E: 2 F. Sato and Associates Title. CORPORATE PRESIDENT OR VICE PRESIDENT Date: /' f, k 1 4. Z c- ca ATTEST: —oepl Z/ Corporate Seal) torporate—Secretary Page 7 EXHIBIT A SCOPE OF WORK P1161 PEDESTRIAN AND BICYCLE GRADE -SEPARATED CROSSING AT TROUTMAN PARKWAY The design work generally consists of the design of a grade -separated crossing for the pedestrian ' and bicycle trail at Troutman Parkway across the Burlington Northern Santa Fe (bN�SF) Yailfoaq,V The work includes a grade -separation structure, trail design at the BNSF, plan preparation, drainage evaluations, public process, environmental clearances, geotechnical'investigations, utility.,,• relocation and coordination, and production of bid documents. All work must.con'form to CI?OT procedures for a Federal -Aid project and with the design and construction standards of the governing agencies. The City will provide the raw survey data, acquire right-of-way (ROW), oversee the public involvement process, and assist in coordination with the BNSF railroad and CDOT. It is imperative that the design team work as part of the City's staff and be highly knowledgeable of CDOT and Federal -Aid project requirements. General Project Description — The City of Fort Collins has received Federal -Aid Congestion Mitigation and Air Quality (CMAQ) funds to design and construct a pedestrian and bicycle grade - separated crossing across the BNSF railroad. The project is located on Troutman Parkway, just west of South College Avenue. The intent is to provide a safe and direct American with Disabilities Act (ADA) compliant crossing connecting the Mason Bike Trail and the neighborhoods, to the Mason Corridor Rapid Transit (MAX) service and to adjacent businesses on the east side of the railroad. A planned MAX station will be located immediately north of Troutman Parkway. The project total budget for design and construction is approximately $1.4 million. 1. General Requirements J.F. Sato and Associates (JFSA) will complete all work using the latest AASHTO, CDOT, City of Fort Collins, PUC, BNSF, FRA, and ADA design and construction standards or guidelines, practices, and procedures. a. Coordination with Other Agencies: JFSA will coordinate with representatives of CDOT, BNSF, and City of Fort Collins. �. b. Monthly Reporting and Progress Meetings: Throughout the duration of the design, JFSA will provide written monthly progress reports detailing the work completed and the work anticipated for the next month. The monthly reports will be part of the billing submitted monthly. In addition, ten (10) progress meetings will be held at 2- to 3-week intervals. 2. Conceptual Design a. Surveying and Right -of -Way (ROW): The City will provide JFSA with the raw survey data of the project site. JFSA will produce the digital terrain model and existing topography from the raw survey data. City survey crews will be available to provide any additional survey information that JFSA deems necessary for the project. The City will provide legal descriptions, and JFSA will develop a ROW plan that conforms to CDOT requirements (see below). (1) Project Limits — It is anticipated that the survey project limits provided will cover the areas needed for our design. Page 1 (2) Horizontal and Vertical Control — The field survey and subsequent survey control and monumentation plan (survey control diagram) will establish, horizontally, the location of existing section corners, property corners, and the local control relative to the Colorado High Accuracy Reference Network (HARN). (3) Topographic Survey — It is anticipated that the City will provide the raw survey data and JFSA will provide a topography drawing with a 1-foot contour interval throughout the survey project limits. The design survey will be delivered as an AutoCAD drawing file. (4) Utility Survey and Potholing — Utilities will be delineated from the survey of the existing visible field appurtenances and field markings. JFSA will not conduct a detailed research to update the existing utility information provided by the survey. JFSA will coordinate and request utilities potholing through the City for any potholing not currently provided by recent completed potholing. Potholing services will be provided by the City's on -call contractor. It is anticipated that the City will need to survey in the potholes locations and possibly the depth of the utility. (5) Hydraulic Survey — It is not anticipated that a detailed survey of the irrigation canal is .needed. (6) Test Bores — It is anticipated that the City will need to survey the horizontal and vertical location of the test bores provided by the geotechnical consultant. This test bore information will be delineated on the design survey. (7) Right-of-way Plans (JFSA and the City) — The City will provide the property ownership and property line information for the project. JFSA will prepare a complete set of ROW plans, combined with the raw survey data and design plans, in CDOT format, except for the survey control diagram and monumentation sheet. JFSA will need the City's surveyor's assistance in creating these two sheets, and these sheets will need to be stamped by the PLS in charge of the survey. The City will provide title work, including the preparation of informational title binders on the adjacent property owners. These title binders will identify any existing encumbrances and/or easements on their property. (8) Legal Descriptions and Exhibits (provided by the City) — The City will provide legal descriptions with assistance from JFSA in preparing the exhibits for the descriptions. None are expected at this time. b. Conceptual Design and Structure Selection Reports: (1) Structure Selection Report — A minimum of two (2) alternatives, an underpass and an overpass, will be analyzed and included in the report with cost estimates. (a) Existing conditions data collection. Existing project conditions, both structural and site conditions, will be collected and documented. (b) Design criteria. The design shall be in accordance with the AASHTO LRFD Bridge Design Specifications, the CDOT Bridge Design Manual, and AREMA. (c) Review the structure site data to determine the requirements that will control the structure size, layout, type, and rehabilitation alternatives. Page 2