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465997 MICHAEL BAKER JR INC - CONTRACT - BID - 7073 MASON CORRIDOR MAX BRT FINAL DESIGN
a 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 Michael Baker Jr., Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of Seventeen (17) 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 September 30, 2010, 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: Michael Baker, Jr., Inc. City of Fort Collins City of Fort Collins, Purchasing Attn: Mr. Dwight Schock Attn:Steve McQuilkin PO Box 580 355 Union Boulevard, Suite 200 PO Box 580 Fort Collins, CO 80522 Lakewood, CO 80228 Fort Collins, CO 80522 11 4. Public Involvement a. The CITY shall provide a data base of mailing addresses, maintain the Mason Project website, and release advertisements and press releases. b. PROFESSIONAL will establish and maintain a computerized list of all appropriate interested parties for the communication process. The list will be used for notices regarding public meetings, mailings, newsletters, or other communication as appropriate. A group of key stakeholders will be identified from this list to participate in outreach sessions. 1) The information on the list shall include as a minimum: i. Name ii. Firm/organization (if any) iii. Mailing/E-mail address iv. Phone/Fax number 2) The contacts will be compiled from the list below and as supplemented by the Project Team, and the attendees at public meetings. i. Public Agencies ii. Elected/Appointed Officials iii. Neighborhood Groups iv. Property Owners/Tenants v. Business Interests vi. Special Interests vii. Railroads viii. Media Contacts c. Meetings - The types and number of meetings shall be flexible and determined by an interactive process as approved by the CITY/CPM. The PROFESSIONAL will develop minutes of these meetings which will be provided to the CITY/CPM and all participants. The PROFESSIONAL and the CITY/CPM will work jointly to set up meetings. 1) Conduct MAX Month with the CITY, CPM, and key stakeholders (determined from the contact list). MAX Month's goal will be to agree upon design decisions that will allow the project's elements to proceed into final design. This will be accomplished via technical work groups focused on finalizing key design decision about stations, structural elements, traffic and intersections, urban design and aesthetics, branding, and coordination with transit oriented development and other City plans, and railroad coordination. (Task 1d) 2) Interviews (one-on-one) - Meet with property and business owners or others directly affected by the project work to identify likely impacts and discuss possible mitigation or resolutions. (Tasks 3a and 3b) 3) Stakeholder Meetings — Up to six meetings with small groups of stakeholder will be held to discuss project design issues, station area plans, branding, and other localized project issues. 4) Public Open House - This meeting will be held at the completion of the 65% plans to update the public on the status of the project and to present details of the project. Graphics prepared for the public open house will include system wide design elements. Station area plans will include a typical center island station, and a typical side stop. One additional station area plan to be selected at the time of the time of the public open house will be included. J. Communication Aids 1) Notifications/Media — Will be completed by the CITY. Scope of Work 9 2) Graphics Support — PROFESSIONAL will provide the graphics for presentations, outreach and project documents. This may include ppt slides, maps and plan views of the design, computerized presentations and other displays for visual presentations at meetings. 3) Public Involvement Summary — The PROFESSIONAL will provide a quarterly summary of PI outreach to the CITY/PMC. 5. Fare Collection Feasibility Study Transfort in the City of Fort Collins operates fixed route service and complementary paratransit service, over the City of Fort Collins with connectivity to the City of Loveland and parts of Larimer County. The addition of a Bus Rapid Transit (BRT) service requires (1) an evaluation of the current fare collection system, and (2) identification and analysis of a recommended automated fare collection system preliminary design to support the fare collection requirements of the new BRT. The purpose of the Fare Collection Study will be to recommend the fare collection system preliminary design, consistent with the current state -of -the -practice in fare collection methods used for transit systems that operate both standard fixed route and BRT bus service. The primary goal is to achieve an automatic fare collection system that (1) addresses the needs of the identified stakeholder community, (2) is optimized to satisfy existing fare policies while offering flexibility for future fare policy evolution, (3) is based on the American Public Transportation Association (APTA) Contactless Fare Media Standards (CFMS), and (4) is open to future expansion. By identifying the unique characteristics and challenges of the various types of transit service Transfort will be operating, an overall integrated Transfort fare system will be accomplished. The intended Transfort conceptual design approach is to (on BRT vehicles only) avoid conventional fareboxes and instead use a combination of fare vending machines at some or all the BRT stations, smart cards, and proof of payment with offboard fare payment. All BRT fare payment with these offboard fare payment machines would need to be either with cash or smart card. Fixed route service would use fareboxes, but adapted to support smart card fare payment. Tasks a. Gather information from Transfort on the specific characteristics for the current fare collection equipment, fare policies/media, and fare collection procedures, as well as the planned physical layout for each of the vehicles/station to be used for the BRT b. Define a recommended preliminary design and the associated rough capital and five year operating/maintenance cost estimates, for the Transfort conceptual design approach. The recommended preliminary design will be based on considering various possibilities for the specific use of station fare vending machines, smart cards, paper tickets, and proof of payment. Other specific elements of the preliminary design and cost estimates will include: • System Requirements - Technology needed to match the operating environment, which will include both local/regional fixed route transit and BRT service. • Fare Media Distribution and Revaluing — Technology to support ticket sales and the distribution and revaluing of smart cards. This would include identifying the quantities for infrastructure such as BRT station fare vending machines. • Regional Fare Integration Support — Based on outreach to regional stakeholders, incorporate support for integration with their current or future fare collection system plans. This will include arrangements related to potential acceptance of the existing CSU smart card for fare payment and the potential acceptance of smart card stored value for payment by partners (e.g., parking). Scope of Work 10 • Comparative Costs - System capital and operating/maintenance costs to install the system for the BRT stations, vehicles and data center will be assessed along with costs to integrate needed changes into the existing fare system for the fixed route fleet and the ongoing costs for fare media, distribution, money handling, maintenance and TVMs security. • Financial - Cost Benefits Analysis, based on considering the capital and operating/maintenance costs relative to benefits with regard to both quantitative and qualitative factors. • Budget Impacts - How system costs will affect the capital and operating budgets. • Engineering and Operating Feasibility — Risks the system will not fully meet performance expectations after implementation. Provide benchmarks based on lessons learned from previous transit system deployments of similar systems at other transit agencies with combined BRT and fixed route service. • Backward compatibility - Effects the new integrated system will have on existing fare system components. What components can be leveraged from the existing system. • Evasion — How fare evasion can be controlled, the risks of fare evasion, and costs to mitigate fare evasion. • Administration Friendliness - How easy the system will be to understand and administer for Transfort staff, including customer service representatives, financial coordinators, system analysts. • Customer Friendliness - How easy the system (e.g., kiosks, web interface) will be for customers to understand and use. • Implementation - The timeframe for setting up, configuring, testing, and launching the new system, and schedule risks for implementing the system. • Consistency with the CDOT Region 4 Regional ITS Strategic Plan - How well the new system will follow the guidelines set forth for regional cooperation and interoperability required by CDOT and FTA. • Regional Fare Integration / Stakeholders - How the system will integrate with other transit providers throughout the region, and with other regional stakeholders such as City of Loveland, City of Greeley, Larimer County, Weld County (as well as others including Poudre School District, Colorado State University, and Front Range Community College). • Multi -Modal Capability - How the system will integrate with other providers, parking management, businesses, schools and universities. • Intelligent Transportation System (ITS) Integration — Opportunities to integrate other ITS components with the automatic fare collection system, as successfully done at other transit systems. • Operational - Operational procedures and processes that will need to be changed, and training that will be required for implementing a new integrated system. • Fare Policy/Structure Implications - How the system will affect the current fare policy, and what should the fare structure be for the BRT and Local/Regional fixed route. 1) Beyond this initial scope, additional efforts would be needed to (1) prepare a detailed design, specifications and updated cost estimate, (2) assist with RFP preparation, procurement and implementation management. Scope of Work 11 6. Identity Development (logo, stations, bus) a. General BRT Meetings 1) MAX Month 2) BRT Planning/Branding b. Collateral Development 1) Collaboration Meetings 2) First Round Logo/ID Systems - Develop 3 initial concept sets to include name, logo, 1 bus exterior and 1 station identification sign design each - Up to 4 rounds of collaboration to land on 3 concepts (roughs) to present 3) Identity Refinement - Refine selected logo concept set (logo, 1 bus exterior and 1 station identification sign design) collaboratively with CITY/Stakeholders - Up to 4 rounds of refinement to finalize 4) Final Printing Layouts - 1 external station identification sign - 1 exterior bus layout 5) Additional Creative Development (40 hours) 7. Final Design a. BRT Roadway Design and Roadside Development 2) BRT and Ancillary Roadway design i. Check and plot survey data ii. Prepare and present up to 6 cost saving alternatives to the 30% Plans as part of MAX Month: - Station location and structure analysis at intersection with Harmony - Guideway alignment at Bay Farms - Guideway alignment between Spring Creek and Prospect - Designated Guideway on McClelland iii. Adjust horizontal and vertical alignments of the guideway to meet drainage, station and stop needs. iv. Adjust horizontal and vertical alignments of adjacent roadways to improve intersections with the guideway. V. Check horizontal and vertical alignments against all design criteria. Necessary variances and/or design decisions will be identified with justification and concurrence by CITY and CDOT. vi. Layout intersection design for each roadway crossing, features to include: - Island geometry - Curb returns - Cross walk locations - Inlet locations vii. Provide alignments, toes of slope and pertinent design features, including permanent and temporary impacts. viii. Plot/develop all required information on the plans in accordance with all applicable CITY and CDOT policies and procedures ix. Generate a 3 dimensional design model and produce quantities 3) BRT and Ancillary Roadway Roadside Design - For roadside items including but not limited to, guardrails, delineators, landscaping, sprinkler systems, Scope of Work 12 sound barriers, bike paths, sidewalks, lighting and curb ramps provide the following: i. Layouts in the plans ii. Critical locations in the plans for irrigation sleeves and other utility conduits underneath the proposed roadways. iii. Coordinate the roadside items with the Storm Water Management Plan (SWMP). iv. Analyze clear zone requirements and warrants for roadside safety mitigation and barriers. V. Determine needs for design variances vi. Prepare variance requests and documentation 4) Incorporate final right-of-way into final roadway plans. b. Construction Phasing 1) A construction phasing plan shall be developed which integrates the construction of all the project work elements into a practical and feasible sequence. This plan shall accommodate the existing traffic movements during construction (detours). Including potential staging areas and access points. 2) A corresponding detailed traffic control plan will not developed. c. Lighting Plans (specifically at stations and CSU, potentially in high retaining wall areas, existing pedestrian underpass. For CSU areas, CSU will design and Baker will prepare the plans.) 1) After approval of the locations of the lights, the lighting design will be completed with the following information shown on the plan sheets: i. Circuit type and voltage of power source ii. Location of power source (coordinated with the utility engineer) iii. Luminaire type and lumens iv. Light standard type and mounting height V. Bracket arm type and length vi. Foundation details vii. Size and location of electrical conduit viii. Locations of power sources(s)/lighting control center(s) (if appropriate) ix. Location of direct burial cable X. Size of wiring and/or direct burial cable 2) Coordinate with local entities d. Landscaping (station areas, Troutman — native or xeriscaping) 1) Prepare landscape plans at stations only 2) Prepare planting, bioengineering, and revegetation details 3) Prepare technical specifications for revegetation and landscaping 4) No landscaping will be prepared between stations or at stops e. Irrigation - not included f. Hydrology/Hydraulic Engineering 1) Hydrology i. Review & finalize drainage basin data and prepare map: delineation, size determination, waterway geometrics, vegetation cover, land use. ii. Collect historical data; research flood history and previous designs in the project proximity; and obtain data from other sources (e.g., Existing drainage report, Stormwater Division of the Fort Collins Utilities Department Colorado Water Conservation City Maintenance, and local residents). iii. Select a storm frequency based on the City of Fort Collins Stormwater Scope of Work 13 Utility Storm Drainage Design Criteria and Construction Standards. iv. Perform a hydrological analysis using existing studies or approved methods (see City of Fort Collins Stormwater Utility Storm Drainage Design Criteria and Construction Standards.) v. Perform a risk analysis. 2) Hydraulics i. Review and verify (FHU drainage report) design of minor drainage structures: - South Transit West Line not included in this scope. - South Transit Irrigation research and design not in this scope. - Mail Creek: water surface profile and complete hydraulic analysis is required for major structures. Determine/verify the following: 1. Water surface profile and hydraulic analysis 2. Required hydraulic size and skew of the bridge 3. Minimum low girder elevation using City of Fort Collins Stormwater Utility Storm Drainage Design Criteria and Construction Standards. 4. The design year frequency 5. The design year and 500 year high water elevations 6. Predicted total scour profile for design year and 500 year scour 7. The channel erosion protection for structures - Harmony Park and Ride 1. Additional imperviousness calculations 2. Water quality design - 214+61 Outfall 1. Determine capacity of private system 2. Determine need to modify existing inlets and manholes in private system 3. Verify preliminary storm sewer design 4. Determine most effective mechanical BMP 5. Investigate running the storm sewer north to drain into the Troutman underpass system - 241+00 Outfall 1. Determine viability of draining into private pond 2. Verify preliminary storm sewer design 3. Determine most effective mechanical BMP if pond option is not viable 4. If existing pond is used, design outlet structure to drain to City storm system - Horsetooth Outfall 1. Determine storm sewer design 2. Provide grading to keep 100 year flows from bowling alley 3. Determine most effective mechanical BMP 4. Provide cover requirements to BRT designers for possible profile adjustments - Swallow Outfall 1. Determine Storm Sewer requirements due to BRT. 2. Design alignment and profile of 48" storm sewer from west of Larimer Ditch to existing 48" sewer. (this includes replacing existing 24" sewer that ties into 48" sewer) Scope of Work 14 3. Determine most effective mechanical BMP 4. Design BRT storm sewer to tie into 48" system - Harvard Outfall 1. Grade swale between the BRT and McClelland drive 2. Determine storm sewer design (tie into Type R inlet east of College Ave.) 3. Determine most effective mechanical BMP (swale will aid in WQ) 4. Design underdrain system if necessary - 407+50 Outfall 1. Determine storm sewer design 2. Determine size and details of WQ pond 3. Determine outlet design to existing storm sewer system - 426+00 Outfall 1. Determine alternative WQ detention or mechanical BMP that would limit impacts to Whole Foods 2. Determine storm sewer design. (PE alignment runs through new building) 3. Apply for variances where needed. - 443+50 & 449+55 Outfalls 1. Coordinate design with Spring Creek CLOMR 2. Determine possibility of a WQ Pond 3. Design storm sewer based on Spring Creek needs 4.. Determine most effective mechanical BMP if needed - Spring Creek Outfall 1. Determine storm sewer needs based on BRT 2. Tie into Ayers outfall design on the west side of the railroad that drains into the Spring Creek basin 3. Storm Sewer Design. Provide additional storm sewer for proper drainage of station and parking lot 4. Determine most effective mechanical BMP if necessary - Downtown - Analysis at BRT stops. 1. Ensure the base flood elevation does not increase by more than 0.1 feet. 2. No Mason Street inlet modifications are included in this scope. - Final Drainage Report ii. Final plans - Allowable headwater. - Degree of sediment and debris problems to be encountered, including abrasion and corrosion. - Type, size, shape and material of the structures. - Structure cross -sections - High water level iii. Recommend culvert pipe sizes, type, shape and material for proposed detours. iv. Water quality devices - determine best structural BMP's (including mechanical options) 3) Storm Water Management Plan i. Initiate a Storm Water Management Plan in accordance with: - Municipal Separate Storm Sewer Systems (MS4) Scope of Work 15 R h - Current CITY practices 4) Spring Creek floodplain permitting and modeling of Spring Creek i. Will be completed by the CITY. ii. PROFESSIONAL will coordinate with CITY floodplain PROFESSIONAL. 5) Irrigation Ditches i. Investigate alternatives to BRT box culvert over the Larimer Ditch ii. Design of ditch improvements Utility Coordination 1) PROFESSIONAL shall verify accuracy of utility locations on preliminary plans. 2) Identify where additional utility information is required and coordinate with CITY/CPM. Supplemental utility potholing will be provided by the CITY. 3) Support CITY/CPM in negotiations with utility agreements. 4) Identify utility conflicts and propose potential relocations. 5) CITY Light and Power complete own relocations & plans. Railroad Agreement Coordination - not included Right -of -Way Plans 1) PROFESSIONAL shall prepare right-of-way ownership and acquisition plans based on legal descriptions and property ownership data provided by the CITY. 2) Right-of-way plans are for information purposes only for the CITY and will not be used for right-of-way acquisition or recording purposes. CITY shall complete property acquisition documents including legal descriptions. 3) PROFESSIONAL shall prepare right-of-way plans at a scale of 1 "=40'for the 65% (draft) and 90% (final) design submittals, consistent with CDOT format. 1) Meet with CITY surveyors, review all data and line work. 2) Plans will include CITY topographic, edge of roadway, fence, sidewalks, drainage, buildings, and existing parcel information. 3) Plans will include project design, proposed right-of-way, and hatching for temporary and permanent easements. No color designation will be used. Easements will be labeled and cross referenced to the ownerships of the property. 4) Parcel and easement corners will be labeled using the CITY point numbering system. No bearings, distances or curve data labeling will be shown. 4) Draft right-of-way lines will be provided for incorporation into the 65% submittal and final right-of-way lines will be provided in AutoCadd 2010 for incorporation into the 90% design submittal. Traffic Engineering 1) Review traffic operations analysis and or the safety assessment report. 2) Analyze the proposed project design with the traffic projection data 3) Recommend the appropriate geometry (i.e., number of lanes, auxiliary lanes, storage lengths, weaving distances, etc.) in accordance with the current or most recent version of Highway Capacity Manual. (specifically at proposed alternatives including Laurel and McClelleand Drive) 4) The proposed design shall be reviewed to ensure compatibility with existing signing procedures. 5) Use traffic data appropriate to the anticipated construction timing in developing detour alternatives. 6) Prepare and provide permanent signing/pavement marking plans Scope of Work 16 7) Signalized intersections: i. Signal warrant studies not included ii. Prepare plan sheet with intersection condition diagrams and required traffic signal design (including railroad crossing gates) and forward to appropriate agency. Prepare 1 inch to 20 foot scale intersection plan sheet for each intersection which will have a traffic signal designed for it. 8) CITY shall complete traffic signal timing, modeling, priority and preemption, and coordination with BNSF train signal systems. k. BRT MIS Plans 1) CITY will design the fiber optic backbone and distribution system, BRT transit audio/visual communications, video surveillance, advanced traveler information and fare collection equipment and will provide the PROFESSIONAL with the following deliverables: i. Block diagram of fiber optic backbone network ii. BRT transit audio/visual communications to include stations used at, quantity, type. iii. Video surveillance to include required light levels for camera operations, types of cameras (PTZ or fixed), locations at stations. iv. Quantity and type of Advanced Traveler Information equipment that will be integrated at the stations. v. Type, characteristics, and stations that fare equipment will be located. vi. Stations where wireless access points will be located. vii. PROFESSIONAL will meet periodically to coordinate with the CITY on the design of the MIS plans. 2) PROFESSIONAL will prepare plans and specifications in accordance with the CITY's design to include: i. BRT Fiber-optic plans and profiles. ii. BRT transit audio / video communications plans iii. BRT video surveillance systems. iv. BRT advanced traveler information systems. v. BRT fare collection equipment. vi. BRT wireless services if applicable. Structure Design - structures shall be designed in accordance with the CDOT Bridge Design Manual and AASHTO LRFD Specifications. Analysis of culvert extension vs. bridges and additional retaining walls are included. The following structures are included: • Culvert extensions —Sherwood Lateral, Spring Creek Trail, Spring Creek (3 total) • Retaining Walls —Bay Farm Station, Spring Creek floodplain • Box Culvert — Larimer Canal box culvert and open channel (900 ft enclosed, 600 ft open concrete channel • New Bridge at Mail Creek (-200 ft, 2 span) • Evaluate existing bridge at Swallow Road for proposed new use. Includes summary memo describing issues that need to be addressed. Does not include design mitigation or repair. • Minor retaining walls along the length of the corridor. 1) Structural Data Collection - the following data, as applicable, shall be collected: typical roadway section, roadway plan and profile sheets showing Scope of Work 17 alignment data, topography, utilities, preliminary design plan, Right -of -Way restrictions, preliminary hydraulics and geology information, environmental constraints, guardrail types, recommendations for structure type, and architectural recommendations. 2) Structure Selection Working Session - This working session will be a collaborative process focused on establishing goals, defining engineering constraints, and documenting decisions regarding the structures on the corridor. i. Review the structure site data to determine the requirements that will control the structure size, layout, and type. Provide supporting data and recommendations as necessary to finalize the structure data. ii. Determine structure layout alternatives. Determine structure width, length and span configuration that satisfy all horizontal and vertical clearance requirements. iii. Determine structure type alternatives. iv. Prior to selection of a structure type, develop a project budget with CITY. v. Determine foundation alternatives. Obtain foundation borings from CITY. vi. Complete preliminary quantities and cost estimates using CDOT bid items as necessary to evaluate and compare the structure layout and type alternatives. vii. Evaluate the structure alternatives. Establish the criteria with the CITY for evaluating and comparing the structure alternatives that, in addition to cost, encompass all aspects of the project objectives. Based on the criteria, select the optimum structure layout and type with the CITY. viii. Prepare preliminary general layout for the recommended structure. 3) Structure Selection Report/Memo — walls and bridges i. Summarize the structure site data used to select and layout the structure. Include the following: - Project site plan - Roadway vertical and horizontal alignments and cross sections at the structure. - Construction phasing - Utilities on, below and adjacent to the structure. - Hydraulics: channel size and skew, design year frequency, minimum low girder elevation and design year and 500-year water surface elevations. - Preliminary geology information for structure foundation. - Architectural requirements. ii. Report on the structure selection working session including CITY's concurrence regarding selected structure type. Include the following: - Discuss the structure type and layout. - Define the criteria used to evaluate the structure alternatives and how the recommended structure was selected. - Provide a detailed preliminary cost estimate and general layout of the recommended structure(s). 4) Structure Final Design i. Review CITY accepted general layout, foundation recommendations, accepted hydraulic report and comments. Scope of Work 18 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. 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 according to the Insurance Requirements attached hereto as Exhibit "D", consisting of One (1) page. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Three Million Fifty Two Thousand Four Hundred Eighty Dollars and Twenty Cents ($3,052,480.20) according to the Fee Schedule attached hereto as Exhibit "C", consisting of Seventeen (17) pages, and incorporated herein by this reference. All such fees and costs shall not exceed Three Million Fifty Two Thousand Four Hundred Eighty Dollars and Twenty Cents ($3,052,480.20). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the 2 ii. Revise the general layout and proceed with the final design as necessary to incorporate all review comments. iii. Perform the structure analysis. Provide the superstructure and substructure design. Document with design notes, detail notes and computer output. 5) Preparation of Structural Plans and Specifications i. Prepare all detail drawings in accordance with the CDOT Bridge Detailing Manual, CDOT Design Guide and CDOT Bridge design Manual. ii. Complete the computer runs/calculations. iii. Prepare the plan sheets. iv. Prepare special provisions applicable to the project. v. Compute quantities and complete the quantity summary. 6) Design, Detail and Quantity Check i. Perform independent design check of calculations. ii. Perform independent detail check of plans. iii. Revise all plan sheets and design notes to reflect and deficiencies found in the design and detail check. iv. Compute and compare second set of quantities in accordance with CDOT Detailing Manual. 7) Structure Final Review Plans and Specifications i. Make final plan and special provision corrections. ii. Complete cross-referencing plans. m. Environmental Permitting — task is concurrent with final design and must be completed prior to the advertisement for construction. Task will ensure that all mitigation commitments within FONSI are incorporated in final design and construction plans. No modifications, revisions, or supplements to the EA / FONSI are included. 1) Wetlands mitigation i. It is assumed that a USACE nationwide permit #14 will be sufficient and a PNC will be developed by the CONSULATANT ii. Analysis and coordination for mitigation site west of Wetland 7. iii. Coordination with the Corps to confirm the wetland mitigation. 2) Hazardous materials mitigation i. Development of specifications to address work health and safety during construction in potentially contaminated soil and groundwater conditions. ii. Soil and groundwater analysis at three sites in the vicinity of Pitkin Street, Prospect Road, and McClellan Drive (5 samples per site) where groundwater could be encountered during construction. CITY will provide samples. 3) Threatened and endangered species review i. It is assumed that as long as construction impacts will be occurring on the east side of the railroad at Spring Creek, no additional coordination will be required. ii. Presence/absence surveys are not included. 4) 401 (Water Quality Certification) Permit Application 5) NPDES Storm Water Permit for Construction Activities 6) Review of design alternatives to ensure compliance with assumptions in the EA/FONSI. If deemed necessary, reevaluations will be scoped and budgeted separately. Scope of Work 19 7) Historic mitigation services associated with the removal of the existing Public Services Substation at Prospect Road is not included and is being completed by the CITY. n. BRT Stations and Stops 1) Eight station and eight stop locations are identified for MAX BRT. The PROFESSIONAL shall advance the design of stations and stops, using sustainable principles, from the preliminary design level provided in the preliminary plans to complete final design. The City will provide PROFESSIONALs with an updated baseline designs for Harmony Station, Horsetooth Station and Bayfarm Station i. Prepare conceptual drawings for review by stakeholders to determine preferred plans. ii. Consider sustainable elements for incorporation into design. 2) Civil and Architectural Design for Stations/Stops i. Site Layout - Platform plans and layout - Grading plans - Platform Cross Section views ii. Pedestrian Circulation - Exiting calculations at station - Pedestrian staging and queuing iii. Architectural Elements - Station lighting design coordination - Shelter design - Station wayfinding signage - System branding elements at stations. - Intergrate Public art at stations - Coordinate Station MEP - Identify location of Fare Collection equipment at stations - Station Amenities. Identify locations at stations and provide details. iv. Coordination of Transit System components - Transit fare collection equipment - BRT advanced traveler information equipment - Video surveillance & safety equipment - Transit audio / visual communications 3) Prepare materials for and present BRT station alternatives and solicit input into the design at two City Council work sessions. Collect input on station design during public and agency coordination addressed as part of Task 4. Public Involvement. o. 65% Design Submittal 1) Plans. 65% plans shall comply with the requirements of the CITY, CDOT and FTA and will include: - title sheet - typical sections - general notes - BRT plan/profile sheets - BRT station site plans - BRT fiber-optic plan/profile - landscape plans - storm drainage plans/profiles/details Scope of Work 20 structure layouts signing and pavement marking plans traffic signal plans cross sections right-of-way plans Drainage report Structure report The plan/profile sheets will include the following: all existing topography, survey alignments, projected alignments, profile grades, ground line, existing ROW, rough structure notes (preliminary drainage design notes), existing utility locations, preliminary earthwork (plotted cross sections at critical points with roadway template), catch points, proposed right -of way, and easements. The BRT station site sheets will include the following: transit and MIS system components, fare collection equipment, lighting, architectural and urban design elements. 2) Specifications in accordance with CDOT Standard Specifications for Road and Bridge Construction. 3) Construction cost estimate based on 2010 data (utilizing CDOT bid items) in FTA format. Role into SECC format. 4) The 11 "x17" plans shall be reproduced and distributed by the PROFESSIONAL. 5) Schedule and facilitate the 65% design review meeting and prepare and distribute meeting minutes. 6) Track review comments and actions items. Utilize Comment and Resolution sheets. 7) Obtain documented acceptance from all reviewers. 8) Revise 65% design plans and cost estimate to incorporate review comments for the CITY's use as part of the Project Funding Grant Agreement (PFGA) application. CITY shall make all submittals to FTA. p. 90% Design Submittal 1) Plans. 90% plans shall comply with the requirements of the CITY, CDOT and FTA and be completed to a design level in accordance with CDOT procedural directive for Final Office Review (FOR). 90% plans will include: - title sheet - typical sections - general notes - BRT plan/profile sheets - BRT station site plans - BRT fiber-optic plan/profile - landscape plans - storm drainage plans/profiles/details - structure layouts - signing and pavement marking plans - traffic signal plans - grading and drainage plans - storm water management plans - quantity tabulations - design details Scope of Work 21 MIS systems Lighting architectural and urban design elements cross sections right-of-way plans. The plan/profile sheets will include the following: all existing topography, survey alignments, projected alignments, profile grades, ground line, existing ROW, structure notes, existing utility locations, earthwork (plotted cross sections at critical points with roadway template), catch points, proposed right -of way, and easements. The BRT station site sheets will include the following: transit and MIS system components, fare collection equipment, lighting, architectural and urban design elements. 2) Specifications in accordance with CDOT Standard Specifications for Road and Bridge Construction. 3) Construction cost estimate based on 2010 data (utilizing CDOT bid items) in FTA format. 4) The 11 "x17" plans shall be reproduced and distributed by the PROFESSIONAL. 5) Schedule and facilitate the 90% design review meeting and prepare and distribute meeting minutes. 6) Track review comments and actions items. 7) Obtain documented acceptance from all reviewers. q. Construction Bid Package Submittal 1) Revise 90% design plans and cost estimate to incorporate review comments. - Specifications in accordance with CDOT Standard Specifications for Road and Bridge Construction 2) Construction cost estimate based on 2010 data (utilizing CDOT bid items) in FTA format. 3) Prepare construction bid package including plans, specifications and supporting bid documents. One bid package is anticipated. General conditions and bid requirements provided by the CITY. 7. Construction Bid Services a. Participate in pre -bid meeting and site -visit. b. Respond to bid inquiries and RFI's. c. Issue bid addenda. 8. Deliverables a. 65% Plans b. 90% Plans c. Construction bid documents d. Specifications e. FTA format construction cost estimates f. ROW plans g. Identity - Naming Assistance, Ideas and Selection Process - Creative Brief - Logo Design Scope of Work 22 External Bus Application and Design External Station Sign Design Working Files h. Structure Selection Report/Memo i. Drainage Report j. 401 (Water Quality Certification) Permit Application k. NPDES Storm Water Permit for Construction Activities I. Fare Collection Feasibility Study m. CD of record drawings in PDF format n. Meeting minutes o. Project Management Plan for Final Design p. QA / QC Plan for Final Design Scope of Work 23 EXHIBIT B SCHEDULE I Mason Corriodr BRT Project Final Design Schedule - f fa& 9 ID tTask Name 4MCe 1D Praceedt{kk-Q- Meettnp _ i brRtnp Group 1.leetingsrDetlgl Dectikri hpenCV3bketrotlI-4 CoordinadQrl are oaecU ftily Brar<dnaton awy -- - - - - --------- :3V Council Work Sesstartrt �u61sa Open iiGuae -teat Deign - BRT {xltle*w/ —.. �tral Desgn - BRT 3tatimw- nps �tsal Deign - 2Gorm Oralriage Riot Desigt - u6ty f eiow ens =anal Desigl- Str1sLLUrs =iw Desigf - tmmc Ergkteerinp Ym1 aesgn Lwwlkwtt 40. AamMeks ieal Deign - TvansL7TII IIystems iepare 551i Desfge Pat'ck3Jie 'mare Drat 8pecslcatlons - ------------ 'rePa<e t5uarditysl669 Estk4te - - - D rattan I 3Lr1 I Fnlsth 1 dayi Tue 12rf109 Tue 11TO9 IS dWs 'Hied 112-109 Tue U221169 48 days., Wed 12f.IA9' -- - Tue 1 dKin 40 arja Yfld iJ+�179N -Tue 1.2'fi�10 < 40 days Wetl 1� Tue 112fiJ10 1 ftisl Tue 2t161b Tue 3116J10 Sdays 1tiifl1Ttip Tme3Piltfl BO days Wed 12�:W9. Tue 3d21110 w days: Wed t �ZQ9;— Tue 323110 68 days', M 1.,21139 Tue 2,123110 60dris' 'Ned'Z16MS Tue 3X10 60 drls Tue tb29<129 Mon 322110 5Odays Tx 1Z29r09 tbn 3OB110 t3Odais; Tx 1Z29,U9 MDn 3LQ 110 So days, 'Neff 1Z.3.139 Tue 3'16i#0 60 daysi z2fm 4f30)11) 30 days' _—.. -Man Mon 3p' 10i -- Fr1413al10 _Fri 30 days, I.son 3i:2t90� �J3d110 _ 1 fty! Mon S,3ri0 ixc wIa 75 dalrsj Tue S'4 #0; MDn 9J24J10 1S dabs! Tue r2SJ 70. "On b114110 FtMI Destgt - 901i aesgn Package dO alars; Tue 6.15l10' Mon B'9I 10 'e� 9iN4 Dts Package - - i B'9, 10 F1n e1-- 'reAsrt 3pcnc�lRtans 20 ! 1 "M Mon fip9111] re 'pave Final Quanthp CoiJ Esbmate Tue 7 t10 Ahrl B'9'10 3utmlt 9tJ� Deign Package 1 daY, Tue S M-10 Tue 11111f 10 30'4 �ufl^ 15 013' Ned "It 10 Tue 101;116 'TepareConstrudtDnBR3Crowmenh �dYfs�; Wi#f1 eG90' - --- Tue9.2$�10� ly Task -"""_ � "h M3es"w # Feral T�ks Pralect Fina1DeslgF 3&IedJe.11 ��= Q Date: Wed 11 QS#09 Cott iii�iru�i��iriirii�iri�rii■ �il^irary Ester" MitstDne Q Prooms P-Jed 3ummary -- -----+ Deadine 1� Page 1 Schedule EXHIBIT C FEE SCHEDULE MCA/ ,y-{'�-�� . 'II�1t, >Ek"'�l�f ��'•` . ➢� ..c+a+w..f�;? "� d �'�;" �d"�a�'..,:1���.'s. �" -x�' `' nwT WPM -®---_---00 _ • • oo�®o®a0000 ©oa©aoo0oom 0 � 000�mo���oo 000a000®®oa oo©®000000® ... oo�ov000®ov 0 0 o000000000v n - 0 0 000©000000v _.., �1-X2m � mmmmm�mmmmm � omommommmmo � - mo�mm�mmmm® - • mmoo®�00000 - � m®omm�mmmmm � �mm�o�mmmm© � ommo��mmmm© � mmmmm�mmmmm � mommm�mmmm® ., - ov000v00000 � momm�ommmmm . as©v000000m o - -• �oom��mmmmm �• ©®moo®©®mom 7073 Mason Corridor MAX BRT Final Design City of Fort Collins, CO Submitted by: Michael Baker Jr., Inc. ODC's Description unit cost Mileage $ 0.55 per mile Plotting (B&W) $ 0.30 per sf Plotting (color) $ 1.95 per sf Reproductions B&W - 8 1/2x11 , 11x17 $ 0.05 per copy Reproductions color- 8 1/2x11, 11x17 $ 0.50 per copy Postage at cost Express Mail at cost Meals for Team meetings (6 total = 4 during MAX month, 65% review, 90% review - assume $300/ea) at cost mylar record sets are not included Michael Baker Jr., Inc. 7073 Mason Corridor MAX BRT Final Design November 24, 2009 City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub -contractors, IBI Group, Inc., Hartwig and Associates, Inc., Aqua Engineering, Inc, Jim Sell Design, Northern Engineering, Inc., and Sage Marketing, Inc. 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 then 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 3 7073 Mason Corridor MAX BRT Final Design City of Fort Collins, CO Submitted by: Mich aei Baker Jr., Inc. NAME ROLE Project Manager SPECIFIC RATE Dwight Schock $327.53 $180.98 Galina Leiphart Design Manager/Lead Structural Engineer Craig Friesen Roadway Design Lead $158.70 Nate Herman Structural Engineer $90.49 Hugh Boyle Senior Structural Engineer $173.74 Brian Gattshall Bridge Technician $86.72 Jeb Sloan Roadway Engineer $104.27 Justin Shintaku Roadway Engineer $75.03 Bryan Mouser Roadway Engineer $139.43 Nate Munro CADD Technician $79.63 Jodie Snyder Project Assistant/Environmental $75.26 Mary Keith Floyd Public Involvment/Environmental $130.30 Anne McDaniel Drainage Design $107.49 Jake Watson Electrical Engineer $118.72 Sarah Wolff Environmental - Hazerdous Materials $88.38 Kevin Schroder Environmental - Wetlands, NPDES $116.20 Tamara Keefe Environmental - T&E, Wetlands $85.51 Carla Santoro Traffic $107.72 Steve Stuart Traffic $100.04 Dan Ference Traffic $70.22 Jon Bonghi Traffic $70.94 Patrick Singleton Traffic $68.54 Andy Rebovich Traffic $88.40 Dan Berrill Traffic $67.24 Jim Katsafanas Traffic $152.60 Tim Buntrock Drainage Design $85.94 Nina Cress Marketing Support $86.99 Robbie Robbins Administration $84.06 Pete Hankovszky FTA Coordination $201.89 11 Michael Baker Jr., Inc. 7073 Mason Corridor MAX BRT Final Design November 24, 2009 IBI Group ITI 1401 17th Street —Suite 610 1 Denver CO 80202 GROUP tel 303 713 1013 fax 303 713 1014 Memorandum To/Attention Michael Baker Jr., Inc. Date November 24, 2009 Attn: Dwight Shock From Peter Zurawel, IBI Group Project No D2-99 cc Sal Birritteri, IBI Group Steno rc Galina Leiphart- Michael Baker, File Subject Fort Collins Mason BRT Final Design Staff fully burdened rate schedule Dwight, Below are the fully burdened rates for the proposed staff on the Fort Collins Mason BRT Final Design project. Rates for proposed staff will be used for tasks completed for out of scope activities. Name Rate Peter Zurawel $182.07 Trevor McIntyre $182.07 Lee Sims $182.07 Carl -Henry Piel $182.07 Duncan Allen $166.14 Ritesh Warade $100.38 Martin Hull $105.04 Doug Parker $180.52 Yuval Grinspun $95.26 Tom Prestia $97.08 Chris Prentice $184.93 Sal Birritteri $84.58 Patrick Butler $72.37 Adrian Pearmine $114.61 Bill Clifford $81.69 Larry Johnson $43.21 Charles Varela $72.00 Ray Whitchurch $133.57 Aaron Parson $52.51 Roxanne Jacobson $46.68 Catherine Wilkinson $43.19 Todd Silvernail $39.69 Amy McClure $47.85 Robyn Chang $48.43 Sharon Dacosta $70.57 1131 Group is a group of firms providing professional services IBI Group Memorandum Michael Baker Jr., Inc.— November 24, 2009 Mike Corby $143.15 Ron Stewart $231.40 James Paral $128.37 Rachel Quinn $44.23 Craig Hahn $92.78 Pankaj Harsora $63.92 Ashish Ghate $76.13 Sandip Kaul $48.55 Toshi Forrest $79.36 If you have any questions or comments regarding this matter please contact our office. Kind regards, IBI Group P Zurawel Director PROJECT COST WORKSHEET (SPECIFIC RATE OF PAY) Project Number: 7073 Mason Corridor MAX BRT Final Design Location: Fort Collins Firm Name: Hartwig & Associates Inc. Name of Preparer: Dave Stevenson Firm phone No: 720-733-1821 Scope of Work Date: November 24, 2009 Contract Time: TBD Type of Proposal: Specific Rate of Pay ESTIMATED BEGINNING DATE: TBD 1A. SPECIFIC RATE OF PAY EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT FEE MULTIPLIER SPECIFIC RATE NAME CLASSIFICATION COST/HOUR COST (%) N $/HOUR (a) (b) (c) (d) (e) Dyer, David A. Sr. Technician It S 107.00 0 0% 1.0000 s 107.00 Hanson, Ryan E. Sr Technician I S 62.00 0 0% 1.0000 $ 82.00 Hartwig, Marvinetta L. Sr. Engineer/Principal s 135.00 0 0% 1.0000 $ 135.00 Romero, Michael Transportation Engineer I S 56.00 0 0% 1.0000 S 56.00 Lewis, Kathy Sr. Project Administrator $ 75.00 0 0% 1.0000 s 75.00 Stevenson, Dave Sr. Project Manager $ 135.00 0 0% 1.0000 $ 135.00 Spear, Larissa Administrative Coordinator $ 35.00 0 0% 1,0000 $ 35.00 Smith, Danielle Sr. Transportation Engineer $ 109.00 0 0% 1,0000 $ 109.00 Multiplier (d)=(1+(b)]x11+(c)] Specific Rate($/Hour)=(a)+(axb)+(a+(axb)]cor (a)x(d) 1B. LABOR COSTS SPECIFIC RATE EST. NO. ESTIMATED COST EMPLOYEE EMPLOYEE $/HOUR OF WORK PER EMPLOYEE NAME CLASSIFICATION (from 1A) HOURS Dyer, David A. Sr. Technician II 107 80 $8,560+00 Hanson, Ryan E. Sr Technician 1 82 460 $37,720.00 Hartwig, Marvinetta L. Sr. Engineer/Principal 135 90 $12,150.00 Romero, Michael Transportation Engineer 1 56 20 $1,120.00 Lewis, Kathy Sr. Project Administrator 75 52 $3,900.00 Stevenson, Dave Sr. Project Manager 135 906 $122,310.00 Spear, Larissa Administrative Coordinator 35 $0.00 Smith, Danielle Sr. Transportation Engineer 109 936 $102 024.00 TOTAL 2544 $287,784.00 2A. OTHER DIRECT COSTS (In-house Current Unit Rate - billed at cost) ITEM ESTIMATED RATE ESTIMATED UNITS COST Mileage 17,280 0.55 ' S 9,504.00 'Current federal government rate SUBTOTAL $9,504.00 28. OTHER DIRECT COSTS (Outside) ITEM ESTIMATED RATE UNITS ESTIMATED COST Meals Actual Reasonable Cost - Subject to State Fiscal Rules Lodging Actual Reasonable Cost - Subject to State Fiscal Rules Project related actual and reasonable costs subject to prior approval of Miscellaneous CDOT/PM $ 5,000.00 Mailing and Postage Actual Reasonable Cost Deliveries 10 $25.00 Postage Actual Reasonable Cost Reports Actual Reasonable Cost Copies Actual Reasonable Cost SUBTOTAL $5,000.00 ODC TOTAL $14,504.00 Hartwig Associates, Inc. 7073 Mason Corridor MAX BRT Final Design Fort Collins Page 1 of 2 3A. OUTSIDE SERVICES RATES (SUBCONSULTANTS): ESTIMATED COST Hartwig & Associates, Inc. 304 Inverness Way South, Suite 365 Englewood, CO 80112 3B. OUTSIDE SERVICES RATES (VENDORS): SUBTOTAL $0.00 ESTIMATED COST SUBTOTAL' $0.00 TOTAL ESTIMATED COST $302,288.00 1 am a representative of Hartwig & Associates, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by the Department for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs. Marvinetta L. Hartwig MEMO f �1 (TYPED NAME) (DATE Hartwig Associates, Inc. 7073 Mason Corridor MAX BRT Final Design Fort Collins Page 2 of 2 i PROJECT COST WORKSHEET (SPECIFIC RATE OF PAY) Project Number: 7073 Mason Corridor MAX BRT Final Design Location: Fort Collins - CSU Firm Name: Hartwig & Associates, Inc. Name of Preparers Dave Stevenson Firm phone No: 720-733-1821 Scope of Work Date: November 24, 2009 Contract Time: TBD Type of Proposal: Specific Rate of Pay ESTIMATED BEGINNING DATE: TBD 1A. SPECIFIC RATE OF PAY EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT FEE MULTIPLIER SPECIFIC RATE NAME CLASSIFICATION COST/HOUR COST (%) M) $/HOUR (a) (b) (c) (d) (e) Dyer, David A. Sr. Technician II $ 107.00 0 0% 1.0000 $ 107.00 Hanson, Ryan E. Sr Technician 1 $ 82.00 0 01/. 1.0000 $ 82.00 Hartwig, Marvinetta I. Sr. Engineer/Principal $ 135.00 0 0% 1.0000 S 13&00 Romero, Michael Transportation Engineer 1 $ 56.00 0 0% 1.0000 $ 56.00 Lewis, Kathy Sr. Project Administrator s 75.00 0 0% 1.0000 $ 75.00 Stevenson, Dave Sr. Project Manager S 135.00 0 0% 1,0000 $ 135.00 Spear, Larissa Administrative Coordinator S 35.00 0 0% 1.0000 $ 35.00 Smith, Danielle Sr. Transportation Engineer S 109.00 0 0% 1.0000 $ 109.00 Multiplier ( d) _ 11 + ( b )) x 11 + ( c )] Specific Rate($/Hour)=(a)+(axb)+[a+(axb))cor (a)x(d) 18. LABOR COSTS SPECIFIC RATE EST. NO. ESTIMATED COST EMPLOYEE EMPLOYEE $/HOUR OF WORK PER EMPLOYEE NAME CLASSIFICATION (from 1A) HOURS Dyer, David A. Sr. Technician II 107 104 $11,128.00 Hanson, Ryan E. Sr Technician 1 82 280 $22,960,00 Hartwig, Marvinetta L. Sr. Engineer/Principal 135 40 $5,400.00 Romero, Michael Transportation Engineer 1 56 160 $8,960.00 Lewis, Kathy Sr. Project Administrator 75 0 $0.00 Stevenson, Dave Sr. Project Manager 135 96 $12,960.00 Spear, Larissa Administrative Coordinator 35 $0.00 Smith, Danielle Sr. Transportation Engineer 109 96 $10 464.00 TOTAL 776 $71,872.00 2A. OTHER DIRECT COSTS (In-house Current Unit Rate - billed at cost): ITEM Mileage 'Current federal government rate ESTIMATED SUBTOTAL RATE ESTIMATED $0.00 2B. OTHER DIRECT COSTS (Outside): ITEM ESTIMATED RATE UNITS ESTIMATED COST Meals Actual Reasonable Cost - Subject to State Fiscal Rules Lodging Actual Reasonable Cost - Subject to State Fiscal Rules Project related actual and reasonable costs subject to prior approval of Miscellaneous CDOT/PM Mailing and Postage Actual Reasonable Cost Deliveries 10 $25.00 Postage Actual Reasonable Cost Reports Actual Reasonable Cost Copies Actual Reasonable Cost SUBTOTAL $0.00 ODC TOTAL $0.00 Hartwig & Associates, Inc. 7073 Mason Corridor MAX BRT Final Design Fort Collins - CSU Page 1 of 2 3A. OUTSIDE SERVICES RATES (SUBCONSULTANTS): ESTIMATED COST 3B. OUTSIDE SERVICES RATES (VENDORS): SUBTOTAL SUBTOTAL TOTAL ESTIMATED COST ESTIMATED COST $71,872.00 I am a representative of Hartwig t3 Associates, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by the Department for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs. Marvinetta L. Hartwig (TYPED NAME) Hartwig & Associates, Inc. 304 Inverness Way South, Suite 365 Englewood, CO 80112 Hartwig & Associates, Inc 7073 Mason Corridor MAX BRT Final Design Fort Collins - CSU MEN Page 2 of 2 NORTHERN ENGINEERING ADDRESS: PHONE:970.221.4158 WEBSITE: 200 S. College Ave. Suite 100 www.northernengineering.com Fort Collins, CO 80524 FAX: 970.221.4159 Mason Corridor BRT Proiect November 2009 CURRENT CHARGE BASIS Burdened Hourly Rates Principal $110.00 Bud Curtiss Gary Gilliland Professional Land Surveyor $95.00 Gary Gilliland Eric Smith Project Surveyor $80.00 Eric Smith Survey Crew (I -man w/GPS) $120.00 Matt Lockwood Tim Foglesong Surveyor Technician $67.50 Lisa Mayer Lenore Smith Will Rohman Rhonda. Bunner Claire Saveland Clerical $45.00 Angela Ader Additionally, Northern and its consultants, if any, shall be paid for reimbursable expenses incurred in the interest of the Project. Reimbursable expenses will be invoiced at cost plus 10%. Reimbursable expenses mean the actual expenses incurred directly in connection with the Project for: transportation and subsistence incidental to the Project. Hourly fees are subject to change on an annual basis. JIM SELL DESIGN, INC. 2010 Standard Bill Rates Principal JimSell......................................................................................................................... $160/hour Landscape Architecture Matt Blakely (Senior Landscape Architect).................................................................... $110/hour Louise Herbert (Landscape Architect — plant specialist).................................................... $90/hour Brian Williamson (Landscape Architect)..........................................................................$75/hour Civil Jon Sweet (Senior P.E.).................................................................................................. $110/hour Herman Feissner (P.E.).................................................................................................. $105/hour JasonClaeys (P.E.).......................................................................................................... $95/hour Graphic Design SusanSell...................................................................................................................... $110/hour Administration/IT ToddSell.........................................................................................................................$70/hour 323 West Drake Rd. #116 Fort Collins, CO 80526 •.i SAGE MARKETING GROUP: :isrlom G;::de� cur, fin,:^. BRT Identity Requirements Description of service or Proiect Labor Direct • General BRT Meetings - Estimated hours throughout the proiect. $115/hr - BRT Nov/Dec/Jan ■ General meetings and planning. 100 hours $11,500 - BRT Planning/Branding Work Jan '09 - Jul '10. 90 hours $10,350 Includes, but not limited to: general meetings with BRT team; meeting with staff/vendor/suppliers; implementation and tracking; project and account management for items identified below; creative time including direction and naming efforts; working with team to refine ideas; communication to all parties; general presentations and other to be determined items for keeping the project on track. Date ranges included in above estimate hours. • Collateral Development $100/hr General Design Collaboration Meeting Time $2,200 - With Project Management Team/Vendors/Suppliers/Stakeholders First Round Logo/ID Systems: $6,700 - develop 3 initial concept sets to include logo, 1 bus exterior and 1 station identification sign design each - up to 4 rounds of collaboration to land on 3 concepts (roughs) to present Identity Refinement: - refine selected concept set (logo, 1 bus exterior and 1 station identification sign design) collaboratively with City/Stakeholders - up to 4 rounds of refinement to finalize Final Printing Layouts: - 1 external station identification sign - 1 exterior bus layout $1,800 Additional hours for unknown account management and creative $4,000 development for general project needs to ensure project success: presentation boards/items for community meetings; development of communication materials for stakeholders; other to be determined design needs. 40 hours • Total Investment - Identity 36 550 Note, additional assistance with Brand Standards and Guidelines, messaging documents, advertising campaigns, coordination of applying design to final chosen bus(es), CSU/Community coordination, public perception/awareness and surveying can be provided as needed. request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 4 CSU Coordination for BRT Project Descriotion of service or oroiect Labor Direct • General BRT Meetings - Estimated hours throughout the oroiect $115/hr - CSU Coordination for BRT Work Nov'09 - )ul'10. 9 hours $1,035 • Total Investment — CSU Coordination • Final Deliverables for Identitv Work An outline for final process and deliverables is as follows: a. Background/Research Interviews with Client Goals/Vision Obstacles Input/Interviews with Clients and Key Vendors Intended Use b. Compare/Contrast to Like Entities or Competition C. Interview with City and Key Vendors/Contributors e. Share Discovery Findings with Client f. Project Creation Creative Brief (foundation for project visual and text messaging) Naming Ideas for Transit System Development of Ideas Based upon Above With City Identify/Select 3 Viable Conceptual Approaches Further Refinement/Development of Select Concepts Present 3 Refined Concepts to City with Target Group Inputs �. Decision Client Input Sessions Select Final Deliverable Further Refinement if Needed h. Application Medium: Print, Electronic, Etc Support i. The Deliverables Naming Assistance, Ideas and Selection Process Creative Brief Logo Design External Bus Application and Design External Station Sign Design Working Files May also be provided as additional scope: 1 035 - Brand Standards and Guidelines and Messaging Documents - Proposed Media Plan and Expenditures - Advertising Campaign to Communicate New Transit System and Encourage Ridership - Other marketing collateral (brochures, fliers, posters, etc.) - Other TBD Name Role Doug Larson Brand Lead - Strategy and Implementatic Julia Leach Creative Lead Kelly Lust Designer Specific Rate 91.48 71.37 50.43 Aqua Engineering, Inc. Hourly Billing Rates for Personnel SUBJECT TO PERIODIC ADJUSTMENT Personnel Hourly Rates Principal — QA/QC — Robert W. Beccard, P.E. $150.00 Principal — Darren M. Salvador, P.E. $115.00 Project Manager — Cullen Kinoshita $100.00 Project Engineer —Jason Klausner $75.00 CAD Specialist — Connie Murray $67.00 Administrative Staff $45.00 - $70.00 4803 Innovation Drive Fort Collins, CO 80525 • 8950 South 52"d Street, Suite 210 Tempe, AZ 85284 EXHIBIT D 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. EXHIBIT E FEDERAL REQUIREMENTS TABLE OF CONTENTS A.1 - Federally Required Clauses 1. Fly America Requirements 2. Buy America Requirements 3. Cargo Preference Requirements 4. Seismic Safety Requirements 5. Energy Conservation Requirements 6. Clean Water Requirements 7. Lobbying 8. Access to Records and Reports 9. Federal Changes 10. Clean Air 11. Recycled Products 12. No Government Obligation to Third Parties 13. Program Fraud and False or Fraudulent Statements and Related Acts 14. Termination 15. Government -wide Debarment and Suspension (Nonprocurement) 16. Privacy Act 17. Civil Rights Requirements 18. Breaches and Dispute Resolution 19. Patent and Rights in Data 20. Disadvantaged Business Enterprises (DBE) 21. Incorporation of Federal Transit Administration (FTA) Terms Federal Requirements 1. FLY AMERICA REQUIREMENTS 49 U.S.C. § 40118 41 CFR Part 301-10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Model Clause/Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 CFR Part 661 Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. Federal Requirements 2 Mandatory Clause/Langua2e The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate ofNon-Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment. Federal Requirements Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate ofNon-Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 3. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381 Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Federal Requirements 4 Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material or commodities by ocean vessel 4. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Applicability to Contracts The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Flow Down The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. Model Clauses/Language The regulations do not provide suggested language for third -party contract clauses. The following language has been developed by FTA. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 5. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA: Energy Conservation - The contractor agrees to comply with 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. Federal Requirements 6. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000, Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements: Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et semc . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 7. LOBBYING 31 U.S.C.1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Lan2uaye Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. Federal Requirements 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/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. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" Federal Requirements, consisting of Twenty Four (24) pages, attached hereto and incorporated herein by this reference. 5 - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1 /19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] Federal Requirements The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 8. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Lani!me The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Federal Requirements 8 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristi cs Operation al Service Contract Turnkey Constructio n Architectur al Engineerin g Acquisition of Rolling Stock Professiona 1 Services I State Grantees None Those None None None None imposed on a. Contracts state pass below SAT None thru to Yes, if non- None None None ($100,000) unless' Contractor competitive unless non- unless non- unless non- non- award or if competitive competitive competitive b. Contracts competitiv funded award award award above e award thru' $100,000/Cap 5307/5309/ ital Projects 5311 H Non State Grantees Those Yes imposed on Yes Yes Yes Yes a. Contracts non -state below SAT Yes3 Grantee pass Yes Yes Yes Yes ($100,000) thru to b. Contracts Contractor above $100,000/Cap ital Projects Sources of Authority: '49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) Federal Requirements 9 9. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 10. CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Language No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 11. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 Applicability to Contracts The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for Federal Requirements 10 "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Flow Down These requirements flow down to all to all contractor and subcontractor tiers. Model Clause/Language No specific clause is mandated, but FTA has developed the following language. Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 12. NO GOVERNMENT OBLIGATION TO THIRD PARTIES _Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 13. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C.5307 Applicability to Contracts These requirements are applicable to all contracts. Federal Requirements 11 Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Language These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 14. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1E _Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to Federal Requirements 12 the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate Federal Requirements 13 this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. Federal Requirements 14 If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 15. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Federal Requirements 15 Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 16. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and Federal Requirements 16 ATTE ST: I City Clerk APP O D AS T6 Assi ATTEST: Attorney Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By DA THE CITY OF FORT COLLINS, COLORADO By. � �) " *--, Paes B. O'Neill II, CPPO, FNIGP Director Purchasing & Risk Management DATE: l .Z �( Mict By: Title: (2 k,/ CORPORATE PRESIDENT OR VICE PRESIDENT Date: l ( / /-Z� � (Corporate Seal) 3 criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 17. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective Federal Requirements 17 employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 18. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Federal Requirements 18 Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 19. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 Applicability to Contracts Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Flow Down The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier. Model Clause/Language The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. Federal Requirements 19 (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty - free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in Federal Requirements 20 U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 20. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Federal Requirements 21 Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name) deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following] Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so [Bidders] [Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name). In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the (insert agency name) and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify (insert agency name), whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not Federal Requirements 22 terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of (insert agency name). 21. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1E Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/Language FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. Federal Requirements 23 MICHAEL BAKER JR.. INC. CERTIFICATION 1, Terri A. Vojnovich, Assistant Secretary, hereby certify that I am the duly elected and qualified Assistant Secretary of Michael Baker Jr., Inc. (the "Corporation"), and do hereby certify that Dwight A. Schock Is Senior Vice President of Michael Baker Jr., Inc. and is hereby authorized and empowered to execute documents on behalf of the Corporation. IN WITNESS WHEREOF, I hereunto subscribe my name as Assistant Secretary and have caused the corporate seal of the Corporation to be affixed this 30th day of November, 2009. (CORPORA I-E SEAL) Terri A. Vojnovich - Assistant Seeretai EXHIBIT A SCOPE OF SERVICES Michael Baker Jr. Incorporated Scope of Services 7073 Mason Corridor MAX BRT Final Design November 24, 2009 GENERAL The work consists of professional engineering services required to support the City of Fort Collins (CITY) and the City's Consultant Project Manager (CPM) in completing Final Design, Construction Bid Documents, and Bid Phase Services for the Fort Collins Mason Corridor MAX BRT Final Design. The services consist of approximately 5.0 miles (3.6 miles fixed guideway and 1.4 miles mixed street traffic) of detailed BRT roadway design and plan preparation, agency coordination (including FTA coordination support), public involvement, BRT stations and stops, fare collection feasibility, brand development, utility coordination, drainage design, ditch coordination, hydrologic and hydraulic evaluations, right-of-way plans, traffic engineering, BRT MIS plan preparation, structure design, construction phasing, environmental permitting, report preparation, identification of required additional ROW and easements, cost estimates, and construction bid phase services. Design shall be consistent with CITY capital improvement project standards. Engineering Support Services during Construction is not included at this time. The CITY has completed and will provide survey data and geotechnical engineering; supplemental survey and borings will be completed by the CITY. Scope is based on Preliminary Design Plans (completed by FHU) dated July 2007. MAX Month will address numerous outstanding questions relative to the preliminary design including: • Vehicle Type • Cost Savings Alternatives • Station & Stop Configuration • Branding • Public Involvement and CSU Coordination • Structure Selection • Bike Trail location at Horsetooth Changes to the design and scope based on decisions made during MAX Month are out of scope and will require contract modification. Scope of Work 7 WORK DESCRIPTION The work Michael Baker Jr. Incorporated (PROFESSIONAL) will perform is as follows: Proiect Management and Coordination a. The PROFESSIONAL will coordinate all the work tasks to keep the project engineering and ancillary tasks on schedule. b. The PROFESSIONAL shall coordinate with other projects currently underway including South Transit Center, Transfort maintenance facility extension, Troutman Underpass, NRRC Pedestrian Bridge and potential development or CSU projects. Coordination with NRRC and Troutman projects will be prioritized so as to not impact their design schedules. c. Attend progress meetings once per week at City Engineering offices (BRT Tuesdays, 1 — 4 pm). Prepare agenda and meeting minutes for meetings. d. Coordinate and facilitate technical working group meetings during MAX Month. City staff and agencies will be invited to participate in the technical working groups. e. Prepare monthly progress reports. f. Prepare monthly invoices with percent complete per task category. g. Identify and prepare design criteria. h. The CITY will provide the PROFESSIONAL with office and meeting space at 281 North College Avenue. 2. Proiect Initiation a. The PROFESSIONAL shall gather and review all available project data including: preliminary design plans, environmental assessment, FONSI, utility plans, survey data, drainage reports, Spring Creek floodplain data, key stakeholder mailing addresses, and traffic studies. b. Schedule and conduct kick-off meeting with agency representatives including, including City departments. c. Prepare project schedule and assign tasks. 3. Agency Coordination a. In addition to the technical working groups during MAX Month (Task 1d), the PROFESSIONAL shall hold up to ten meetings/interviews with affected agencies along the corridor including: CDOT, FTA, utility companies, ditch companies, property/business owners, Downtown Development Authority, and Downtown Business Association. b. The PROFESSIONAL shall coordinate with Colorado State University and Colorado State University Research Foundation. c. The PROFESSIONAL will develop and attend two presentations to City Council. d. Agency Coordination will be supported by the project kick-off meeting and subsequent meetings as addressed under Task 4. Public Involvement. Scope of Work 8