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307110 HDR ENGINEERING INC - CONTRACT - RFP - 7077 LINDEN STREET STREETSCAPE PROJECT
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 HDR Engineering, 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 five (5) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until December 31, 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: HDR Engineering, Inc. City of Fort Collins City of -Fort Collins, Purchasing Attn: Mr. Jason Wenger Attn: Mr. Dean Klingner PO Box 580 419 Canyon Avenue, Suite 316 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80521-2670 Fort Collins, CO 80522 EXHIBIT A SCOPE OF SERVICES Linden Street Streetscape Project Proposed Scope of Services Task 1- Project Definition and Data Collection 1.1 Project Initiation Project Kick -Off Meeting - The first step of the pre -design effort is the project kick-off meeting to ensure that the project goals and expectations are clearly identified and that all of the City and the DDA's needs are understood. In addition, review available survey data, site analysis considerations that have changed since the DTRD project, public involvement parameters and expectations, schedule issues, and other critical design concerns. Finalize Scope of Services and Project Schedule - Take comments from the kick-off meeting to refine the proposed scope of services, if necessary, and review the project schedule to ensure compliance with project goals. Develop a Project Guide - Develop a Project Guide once scope, project schedule, project budget, filing and accounting procedures and QA/QC protocols are finalized. Monthly Project Team Meetings - Schedule and conduct monthly meetings, or as needed, to update the City and DDA on the progress of the project and resolve issues as identified through the development of the design. 1.2 Site Evaluation Survey - Conduct a field survey verification of the information obtained for the DTRD project in 2005. Identify and develop a list of items for new survey to be conducted by the City survey department. Utilities - Utility verification will be conducted to ensure a comprehensive understanding of current and planned utility conflicts in the project corridor. Work with the City Utility Department to certify the proposed design addresses critical issues. Anticipate up to 8 potholes may be required to locate potential conflicts. Archaeological Resources - Assist with identification and assessment of the historical and archaeological resources in the corridor and Section 106 review. Task 1 Deliverables Kick-off meeting minutes Final Scope of Services and detailed project schedule Project Guide List of items required in new survey Task 2 - Conceptual Design 2.1 Study Issues Evaluation Review some of the features from the DTRD plan to validate the recommended alternative is applicable and can meet the project's overall construction budget, schedule and constructability. The specific features to be validated include: Linden Street/Willow Street Intersection Bicycle Accommodations Pavement Type Historical and cultural interpretation W►iayfinding and signage elements Railroad Crossing Treatment 2.2 Altei,ative Development and Pr;e/'err-ed Alternative Work with the City, DDA, CDOT and multiple stakeholders to develop and evaluate alternatives for the items included above. Reassess specific items and develop a timely preferred alternative. Based on funding limitations, identify project limits and physical improvements and amenities that can be completed based on preliminary construction cost estimates. Phasing and prioritization will need to be determined by funding, local business access, logical termination points and known projected land use changes. Access Design/Control - Work with the City and land owners to evaluate and identify opportunities to enhance or combine accesses onto Linden Street. Geotechnical Investigation - Conduct a supplemental geotechnical investigation and validate the results from the previous geotechnical recommendations. Drainage Report - Further develop the preliminary hydraulics report for the DTRD project and determine if additional information is required to finalize the report. Task 2 Deliverables Design decision memo Preferred alternative Final Geotechnical report Final Drainage report 3.0 Public Meetings The City will take the lead on developing the public involvement process with the assistance from the consultant. Assistance is anticipated to include the following: Preparation of presentation materials Attend and participate in public and property owner meetings. A total of three public meeting are anticipated for the project. Assist in preparing public mailings and press releases i! Task 3 Deliverables Presentation materials for meetings Public mailings and press releases/media material 4.1 Advance Conceptual Design/FIR-Level Plan Set Develop the conceptual design plans and refine them to a Field Inspection Review (FIR) -level plan set. Using initial plans developed during the Downtown River District Project, the plans will be updated based on city comments and decisions made on the preferred alternative. The design plans will be developed in accordance with the Latimer County Urban Area Street Standards (LCUASS) and CDOT requirements and will include: s Typical sections Survey control sheets Preliminary plan and profile sheets for road improvements including limits of proposed construction Preliminary plan and profile sheets for storm drain Preliminary intersection and access details Preliminary road cross sections Preliminary streetscape and lighting plans Signing and striping plans Tahtrlations of nrPliminary miantitiPs FIR level cost estimate Draft outline of anticipated project specifications 4.2 FIR Meetin lComment Review Meeting FIR Meeting - Schedule and conduct an FIR meeting to review the preliminary design/FIR-level plan set. Compile the comments received from this meeting and distribute those comments to the project team. Comment Resolution Matrix -Develop a comment resolution matrix with all comments received during the FIR meeting. Include responses associated with each comment and distributed to the project team for review and comment. 4.3 Submit 60% Design Plans Advance the FIR level design and develop an informal, interim 60% submittal accompanied by an updated cost estimate. This submittal is a progress set and will assist in determining the limits of improvements. 4.4 Submit Design Plans/FUR-Level Plan Set Address the comments previously received and advance the design to a For Office Review (FOR) submittal. Include all the necessary details to construct the project and further develop the plans called out in Task 4.1 including: Typical roadway sections Detailed plan and profile sheets for road improvements Detailed plan and profile sheets for storm drain Detailed intersection and access details 3 Refined road cross sections Refined road and utility details Erosion control and storm water management plans Refined signing and striping plans Site plans and layout plans for pedestrian/sidewalk improvements Landscape plans Irrigation plans Electrical and lighting plans (if required) Sign details for wayfinding and district signs Site construction details Structural details Construction phasing plans Traffic control plans Revised tabulations of all quantities Strmmary of annrnximatP miantity ghPat-, FOR level cost estimate Project specific specifications Alternative bid items (if required) 4.5 FOR Meetin l otnment Review Meeting FOR Meeting -Schedule and conduct an FOR meeting to review the FOR - level submittal. Compile the comments received from this meeting and distribute those comments to the project team. Comment Resolution Matrix -Develop a comment resolution matrix with all comments received during the FOR meeting. Include responses associated with each comment and distributed to the project team for review and comment. 4.6 Develop Final PS&E Address the comments previously received and advance the design to a final plan specification and estimate (PS&E) set for bidding purposes. This set will be distributed to City, DDA and CDOT staff for final approval and advertising. Task 4 DC1LeraLdU Preliminary design/FIR-level plans and cost estimate Preliminary design/FIR-level comment resolution matrix 60% design plans and cost estimate FOR design plans, specifications, and cost estimate FOR comment resolution matrix Final PS&E submittal 4 Task 9.0 Funding Strategies The City will take the lead on seeking additional funds for this project. Therefore this task is currently not included in this scope of work. Should the City request assistance, the consultant will be made available to negotiate and provide the necessary assistance. Task 6.0 - Design Support During Construction (0 tional) 6.1 Design Support Per the City's request, our design team is available to assist with design support during construction of the project. Currently this task is not included in this scope of work but can be added as a subsequent task under the City's discretion. 6.2 Construction Administrati©n Per the City's request, our design team is available to assist with construction administration for the project. Currently this task is not included in this scope of work but can be added as a subsequent task under the City's discretion. Task. 7.0 - NEPA It is anticipated that the Linden Street Streetscape project be evaluated and cleared using the CDOT/FHWA CatEx process to obtain the environmental clearances necessary for the proposed improvements. Tasks anticipated to obtain these. clearances include: City MS4 permit review Preparation of storm water management plan Section 106 review Section 404 permit (if necessary) Additional environmental permits and tasks, beyond those listed above, that may be required to receive environmental clearance are not currently included in this scope of work. Tusk 7 Deliverables Storm Water Management Plans Section 106 deliverables Section 404 permit (if necessary) 5 EXHIBIT B WORK SCHEDULE Linden Street Streetscape Proposed Project Schedule - January 2010 ID 1 2 Task Name Anticipated NTP I Duration Odays Stan Mon V18110 Finish Mon,l18Jt0 anus Februa IMarch A it May June Ju Au ust September October November D tJ3h/t Vt7 t/24 t/Jt 2+721ta2+2t 2!28 ;>'7 !ta 2, 3!28 a/aa/t t!4Jt a!2 S'2 5+9 t69235!306+66/t3i6+2 67771a /tt !t 7/258lt 8+8[all 5&22!&244'S!9/,2 t 9!26101Nt IOli 1012 or3 „n ,n t2 ,12 S l/t8 .1/20; ; f i . E ;. 2/4 ' i I�IY:;?+. yyyt!a 1i1? 415 -r ;;g� 0�1 is i.,, ; ♦ Af79 - ( 1 i ' ,a.i6! : 711 i 7121 ! 7122 Kidc oft Meeting i Odays lNetl V20/i0 i4eCiT20110 3 Data collection ( 33 days I Wed 1120110 Fri ST410 4 Field verity existing survey 2 days J Wetl 1/20110 Thu 1121110 5 6 City to conduct updated field survey Assess utility information - i 3 days t0 oays I Mon 05+10 Fn 1/22/10 Wed 1127110 -- Tnu 214110 7 Pothole utilities 0 days Thu 2rM10 Thu 2/4n0 8 Archeological Assessment Evaluate remaining study issuas _onceDe—lo—p_e_nt —and —Design � 30 days) Mon tl25110 —Fri 3151 l0 Mon 26F0 9 i t t days Mon V25I10� 10 _�.30._days) _Mo-n V_0 .— Fri3Sh0 u Allamat ve Development ------------------ -- 17 days I-- --6 Thu 2+11/10 ---' Fri 315/t0 t2 tdenGty Prefened Ahernative days � 6 days i Mon 318l10 DAon 3/15/i0 13 14 15 ,6 Supplemental Geo,echnical invesligatfon ing a Phasnd lmp@menta on plan Update Hydraulic report Pudic —and Stakeholtler support 5 days ndays 7 11 days �09 days Mon 3+15lt0 ue T3t610 Tue 3+16+10 Mon V251i 0 Fri 3/19/10 Tue 3/30Ii0 Tue 3/ 00110 Thu 62ah0 17 Preliminary Design (FIR) 15 days) Tue 316l,0 Mon 4/5/10 to Environmental permitting ��- 60 days Mon 415110 Fri 6/25/10 19 20 FIR submittal and FlR join, review 1 0 days 10 days Mon 4.+5+10 Tue 416/10 _ Mon 4l5/10 Mon 4fi9%i0 21 22 FIR meeting ----'--- -- 609: Desgn Development i Odays ---- — 26 days - Mon ut9!10 —'---- Tue -a!6h0—- Tue 5', f/i0 Mon 4119l10 — Tue 5111110 Tue-5/i it1 23 80%submittal anC cost es5male 0 aays' 24 60%review ---- i 5tlays� I Wed 5't2/t0 Tue 5118It0 25 FOR Design Development 20 (lays Fri 921/io Thu 6117/10 26 FOR submittal and cost estimate I I 0 days I Thu 611750 Thu 6+t7110 27 28 FOR joint review t FOR meeting ! 10 days l 111 0 days Fri6'tEl10 _..__.__......._.__...__.—._....__. Thu 711/10 Th. 71110 Thu 7/tJ10 29 Final PS&E production i Fined PSBE submfttah f^-0da` 18 days) Mon 6+28110 WeA 7l2tTi0 --Wed 7/21/10 Wad 7l2V,0 30 s 31 Obtain final etmironmentalclearances 1 15'daysi Mon&28+10 Fri 7l16�10 32 33 i Advertise Design support during construction I 0 days 90 days I Thu 7122.1t0 u 7/221, 0 Thu 7%22l10 Wedi11%2ah0 Project Number Lccation Firm Nam Name of Preparer Scope of Work Data EXHIBIT C FEE SCHEDULE PROJECT COST WORKSHEET (COST PLUS FIXED FEE - Standard Billing Rate, Prf ne Consultant) Linden Street Stmetscaps Design 3o3 E. 17th Avenue. Suite 700. Denver CO 80203 Type of Proposal_ COST PLUS FIXED FEE Contract time 1} HDR NOWFEE LABOR COSTS EMPLOYEE EMPLOYEE LABOR MATE ESTIMATED NUMBER ESTIMATED COST NAME CLASSIFICATION Sl HOUR OF WORK HOURS PER EMPLOYEE Flick, Mike EIT $ 82.77 276.00 $ 22,844.52 Jahnke, Janelb Project Engineer $ 108.66 184A0 $ 19,993.44 L.eising, glary Traffic Planner $ 102.55 60.00 $ 6,153.00 Luster, Brandon Water Resources Engineer $ 103.33 132.00 $ 13,639.56 Martinez, David Sr. Transportation Project Mgr $ 165.46 46.00 $ 7,611.16 Quintana, Adrian CADD Technician $ 94.84 200.00 $ 18,968.00 Romero, Shelly Project Controller $ 72.49 26.00 $ 1,884.74 Seer, John Traffic Engineer $ 120.03 76.00 $ 9,122-28 Stockton, Larry CADD Technician $ 94.20 40.00 $ 3,768.00 Thomton, Rich Water Resources Engineer $ 146,16 46.00 $ 6,723.36 Wenger, Jason Project Engineer $ 125.06 202.00 $ 25,262.12 TOTAL LABOR $ 135,970.18 2) FEE 10.00% X Section I FIXED FEE $ 13,597.02 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIhLATEiD UNIT ESTIMATED UNITS RATES UNITS COST Reproduction Actual reasonable coat $ 1,600.00 Airfare & Travel Actual reasonable cost subject to prior approval of GDOT project manager $ 3,900.00 Miscellaneous Actual reasonable cost subject to prior approval of GDOT project manager $ 4,766.00 ODC TOTAL $ TOTAL HDR SERVICES $ EMPLOYEE EMPLOYEE LABOR SLATE EST9AATED NUMBER ESTIMATED COST NAME CLASSIFICATION $1 HOUR OF WORK HOURS PER EMPLOYEE Roger Sherman Principal 118.18 75.00 $ 8,863.64 Angela Miewslid Principal 118.18 26.00 $ 3,072-73 Jerod Hurwa Project Manager 81.82 104.00 $ 8,509.09 Nuke McBride Landscape Architect Apprentict 68.18 190.00 $ 12,954.55 TOTAL LABOR $ 33,400.00 2) FEE 10.00% X Section 18 FIXED FEE $ 3,340.00 3) OTHER DIRECT COSTS (OUTSIDE) ITEM EST1X%TE0 UNIT ESTIMATED UNITS RATES UNITS COST Ovemights(Curriers Actual reasonable cost $ 400.00 Outside reproduction Actual reasonable oast $ 2,000.00 Mileage Current government rate 700 $0.500 miles $ 350.00 Miscellaneous Actual reasonable cost subject to prior approval of CDOT Project Manager $ 621.20 Aqua tngmeenng $ 5,400.00 ODC TOTAL $ 3,371.20 TOTAL OUTSIDE SERVICES-$- 5,4o0.00 TOTAL BHA SERVICES $ 40,11110 TOTAL ESTIMATED COST $ 45,511.20 YEH AND ASSOCIATES NON -FEE LABOR COSTS EMPLOYEE EMPLOYEE LABOR RATE ESTIMATED NUMBER ESTIMATED COST NAME CLASSIFICATION $1 HOUR OF WORK HOURS PER EMPLOYEE Aichiouana,Mustapha Lab,Techrician $ 43.37 31.00 $ 1,344-52 Florea, Miguel Project Scientist $ 75.43 10.00 $ 75429 LaForce, Robert Sr. Materials f&nager $ 110.63 12.00 $ 1,327.55 Norris, Mark Technician $ 47.77 15.00 $ 716.58 Yoh, Sba:n-Tai Principal Engineer $ 166.82 4.00 $ 667.30 Yu, Sam Project Engineer $ 79.20 32.00 $ 2,534.41 TOTAL LA20R $ 7,344.65 2) FEE 10.00% X Section IB FIXED FEE $ 734.46 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST Mileage Current government rate 420 $0.500 $ 21000 Miscellaneous Actual reasonable cost subject to prior approval of CDOT project manager $ 100.89 Drilling and Supplies $ 1,260.00 Traffic Control $ 1,500.00 Laboratory Testing $ 350.00 ODC TOTAL $ 310.89 TOTAL OUTSIDE SERVICES $ 3,110.00 TOTAL YEN AND ASSOCIATES SERVICES $ ti,390.00 TOTAL ESTIMATED COST $ 11,500.00 1) PINYON ENVIRONMENTAL NON -FEE LABOR COSTS EMPLOYEE EMPLOYEE LABOR RATE ESTIMATED NUMBER ESTIMATED COST NAME CLASSIFICATION $( HOUR OF WORK HOURS PER EMPLOYEE Aucidand, Julia • rolect Wriager $93.18 20.00 $ 1,963.64 Clanton, Nancy Principal $136.36 1.50 $ 204.55 Jeserich, Kathy Clerical $40.91 5.00 $ 204.55 Keenan, Owen Project Specialist $W.00 42.00 $ 3,360.00 Santo, Matt Project Scientist S712.73 24.00 $ 1,745.45 Sparks, Tyler Ernrironmental Scientist $72.73 4.00 $ 290.91 Thomas, Karlene Sr. Engineer $113.64 2.00 $ 227 27 Gardener,Hunler Draftsperson $52.27 16.00 $ 836.36 Krejci, Denise Project Assistant $52.73 4.00 $ 210.91 TOTAL LABOR $ 8,943.64 2) FEE 10.00% X Section I FIXED FEE $ 894.36 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST Outside reproduction Actual reasonable cost $ 700.00 Mileage Current government rate 500 $0.500 $ 250.00 ODC TOTAL $ 950.00 TOTAL PINYON ENVIRONMENTAL SERVICES $ 10788.00 1y CLANTON AND ASSOCIATES NON -FEE LABOR COSTS EMPLOYEE EMPLOYEE LABOR RATE ESTIMATED NUMBER ESTIMATED COST NAME CLASSIFICATION $/ HOUR OF WORK HOURS PER EMPLOYEE Adams, Gregg Designer $ 71.89 35.00 $ 2,516.15 Clanton, Nancy Principal Engineer $ 125.03 16.00 $ 2,000.48 Garcia, Jessica Engineer $ 52.39 IZ00 $ 628.68 Gh&r, Todd Engineer $ 85.99 $ Mutmarrsky, Wchaei Engineer $ 69.46 $ - Roedemr, David Designer $ 75.95 15.00 $ 1,139-25 Sanders, Dane Engineer $ 72.03 $ - TOTAL LABOR $ 6,284.56 2) FEE 10.0091. X Section I FIXED FEE $ 628.46 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST OvemighU>vurriers Actual reasonable cost 2 $30.00 $ 86.98 Mileage Current federal government rate 200 $ 0.500 miles $ 100.00 Fiageolle CADD Services $ 2,400-00 ColOradoCAD $ 1,&00.00 ODC TOTAL $ 186.98 TOTAL OUTSIDE SERVICES $ 4,200.00 TOTAL CLANTON AND ASSOCIATES SERVICES $ 7,100.00 TOTAL ESTIMATED COST $ 11,300.00 1) TATANKA AND ASSOCIATES NON -FEE LABOR COSTS EMPLOYEE EMPLOYEE LABOR RATE ESTMATED NUMBER ESTIMATED COST NAME CLASSIFICATION $1 HOUR OF WORK HOURS PER EMPLOYEE Ron Sladek President $90.91 120.00 $ 10;909.09 TOTAL LABOR $ 1 o,11oB.09 2) FEE 10.00% X Section I FIXED FEE $ 1,090.91 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST Outside reproduction Actual reasonable oast $ ODC TOTAL $ TOTAL TATANKA AND ASSOCIATES SERVICES $ 12,000.00 EMPLOYEE EMPLOYEE LABOR RATE ESTIMATED NUMBER ESTIMATED COST NAME CLASSIFICATION $1 HOUR OF WORK HOURS PER EMPLOYEE Chdstan J- Zer Principal Investigator $81.82 32.00 $ 2,619-18 Erik M. Gantt Project Supervisor $63.64 120-00 $ 7,636.36 Travis R. Bugg GISiCGrquter Specialist $54.55 80.00 $ 4,363-64 Dariw Fallan Tier Technical Editor $50.00 16.00 $ 800.00 TOTAL LABOR $ 15,418.18 2) FEE 10.00% X Section IB FIXED FEE $ 1,541.82 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST Outside reproduction Actual reasonable cast $ 300.o0 Mileage Current federal government rate 300 $0.500 $ 150.00 ODC TOTAL $ 450.00 TOTAL CENTENNIAL ARCHAEOLOGY SERVICES S 17,410.00 M 1) WILLIAM T. WELCH COMPANY NON -FEE LABOR COSTS UiPLOYEE EMPLOYEE LABOR RATE ESTIMATED NUMBER ESTIMATED COST NAME CLASSIFICATION gt HOUR OF WORK HOURS PER EMPLOYEE WilliamWetch ConstrFueon Manager $113.64 64.00 $7,272.73 TOTAL LABOR $ 7,272.73 2) FEE 10.00% X Section I FIXED FEE $ 727.27 3) OTHER DIRECT COSTS (OUTSIDE) rTEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST Outsida reproduction Actual reasonable cost $ ODC TOTAL $ TOTAL WILLIAM T. WELCH COMPANY SERVICES $ 8,000.00 1) GOODBEE AND ASSOCIATES NON -FEE LABOR COSTS EMPLOYEE EMPLOYEE LABOR: RATE ESTIMATED NUMBER EST IMATED COST NAME CLASSIFICATION gj HOUR OF WORK HOURS PER EMPLOYEE Goodbee, Lisa Principal Engineer $12233 2.00 $ 245.45 Baxer, Laura Lead Project Engineer $113.64 $ Roselyn, Elissa Lead Project Engineer $113-64 53.00 $ 6,022.73 Bijold, Dana Senior Staff Engirmt $90.91 24.OD $ 2,181-82 Anstey,Tricia Utiligy $90.91 $ Lehocky, Shemsa Staff Engineer 340.91 $ Nikkel, Wah Senior Environme nil Specialis $90.91 $ Sloan, Brandy Field Engineer, Engineering To $86.36 $ Klopanslein, Mary Field Engineer, Engineering To $77-27 $ Spencer, Stephanie CADD Tech, Staff Engineer $59.49 $ Pavelka, Marrry Administrative S7727 6.00 $ 463.64 TOTAL LABOR $ 8,913.64 2) FEE MGM X Section IR FIXED FEE $ 891.36 3) OTHER DIRECT COSTS (OUTSIDE) ITEM ESTIMATED UNIT ESTIMATED UNITS RATES UNITS COST Outside reproduction Actual reasonable cast $ 250-00 Mileage Current federal government rate 600 $0.550 $ 330.00 Potholing Firm (TBD) $ 5,300-00 ODC TOTAL $ 580.00 TOTAL OUTSIDE SERVICES $ 5,300.00 TOTAL GOODBEE AND ASSOCIATES SERVICES $ 10,385.00 TOTAL ESTIMATED COST $ 15,685.00 TOTAL PROPOSED TEAM FEE S 292,027.39 4 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000 according to the Insurance Requirements attached hereto as Exhibit "D", consisting of one (1) page. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Two Hundred Seventy Five Thousand Nine Hundred Twelve Dollars and Thirty Two Cents ($275,912.32) plus reimbursable direct costs in the amount of Sixteen Thousand One Hundred Fifteen Dollars and Seven Cents ($16,115.07). All such fees and costs shall not exceed Two Hundred Ninety Two Thousand Twenty Seven Dollars and Forty Cents ($292,027.39) in accordance with the Fee Schedule attached hereto as Exhibit "C", consisting of thirty three (33) pages, and incorporated herein by this reference.. 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 2 Linden Stmet Sueetscape Prow HDR Labor SUMrnarP WOC COOT Liaison Pro) r lrjr Senior Emr R adavil Erb SerjOr H8H Ping H3H Eng Senior Tr-.Tc TrWic EnAr Re77 Erg. Senior Tett1 Projad Pr Coll Non Fee Limr R.ais t65.48 S 12&08 S 08.66 S 82.77 S t4&t8 S t03.33 S 120.03 S 10265 S 94.20 $ 94.94 $ 7249 Tasks Task to - Project Llennitlon and Daa3 Collection 12 68 26 4 12 0 t0 0 24 0 14 $ t9,625.60 Task 20-ConwMal De sim 4 20 26 48 12 32 40 0 4 36 2 $ 23,753.96 Task 30 - Pub6b ktee0nOs 2 16 20 28 4 Ol 6 0 4 16 0 $ 10,021.70 Task 4.0 - Preirlmery and Final Des[6t Plans to 30 ice 1961 19 IF, 20 60 8 148 10 $ 77,973.5a Task 5.0 - RrMp Shale" s Not in=Oed In rule lee om0aW d'te Citj will caWuct this Task $ Task 6-0 - Da sim Support dtrrkta Conz.=Fon Not indllPd In iris ree pr p sal out optional snal the My mcpxst it S Task 7-0 - NEPA 10 20 4 0 0 0 0 0 0 0 O $ 4,590.44 Non Fog Labor Toil t 135,970.1 a Fated Fee 10% S 13,S97-02 old tator Casio Pus Fated Fee S 149,56120 IN I'm Casts S 1 D258M and Costs Pkis Read Fee S 159.A3320 Oral Hours 48 2LC 194 276 46 132 76 w 40 200 28 1299 t3nden sueec screemcape Poaocc TaU 1.0 - Projm DeBnIHOn and Data Coseaton ®®®®®®®®®®®® Unden Street St Wetscepe Prolm Task 2.0-Con mtmlD efnn Unden $met StreemmM Pmjm Task 3.0-PuVk YeednaB L hvM n Sueet Sueetscape Pro]en Task 4.D- Pmilmalary and Final Destan Plans DeD.e rabies 8 Sutrasks QA'ClC COOT LZaixil Pro] Mgr SeMof Engr Rca"Ctaa Engr Senior H&M Engr H8H Senior Tramc � Traffic Engr Rai Eng. ;anior Tech Prc]ecl Conitcller Sutcoral Lam esk 4.1 FIR Do sign ❑evekv FIR Plum Wid Quan99es 4 6 t8 32 2 16 a 8 32 2 124 Task 4.2 FM Meting C"JctM MeettlD 2 6 a 2 2 4 20 Cmnrnetn Re sdulion Ma= 2 8 to Task 4;9 So%De Prans ;... '. . - .. ` ' . Develop 60'%. Plans and Quanet153 4 16 32 SB 2 32 2 12 40 2 196 Dxnmern Re sdubw Ma7U 2 8 10 flSk 4A FOR DeSIg71. . .. ..... , .. ... .,, _ . Develop FOR Plans, Specs & Quantlies 4 26 40 60 6 40 8 32 60 4 282 Task 4.6 FOR Meling ConMct FOR MwfinD 2 61 2 2 1 4 18 COOrrent FeSNUtbn WIN( 2 8 to Task &6 Farel PS&E Develop Final Plans. Specs d manuie s 2 12 16 24 2 12 2 8 16 2 96 0 0 0 T01at HOlu9 181 6D ice 198 16 100 20 60 6 148 t0 766 Non Fee LaM Rals tMAG S 125.08 5 108.66 S 62.77 S i46.16 S 103.33 5 120.03 S 102-56 $ 9320 S 94.84 S 7249 TDlal Non Fee LabO! Rate I I I I I S 77.973.58 UfKlen street Streeiscape Project Task 5.0- Fundina Strereaies 10 Unden Street Sueeiscape Prom Task 6.0- Design Support dtaina Construction ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ 11 LMW n Sneer Streetscape Pmpm Task 7.0 - NEPA 12 Linden Street Streetscape Improvements arrmdF]rt e • a FFea BHA D.MI— /7111rMOt - T.A, - 7a0" '.. '• .. _-.. Tact m. ', - .. .. •YYrs _. ' ,. ,I N— ..:. E.M.W. 'Hart1a' -ljan>:: < Ed-m. fiLTf* `. ''. H— lV1101ait"' mftj "moo WIN 476.00 'WID. Wm SOM ..:. e.. Iman ., •PrWlot Klwr-0al YOeMO Site 1lTt 2➢` o: me are-delOrl cl-re 6 ... r'9aGG' - ::WM • Final¢e /oe0e 0f teaHaaa muf P Jod S—W-Take 1260M - HIsD: MM . $mm Wm 2 &Y-IM •1b lr P=jOat Tame Ysen -OCR m con WC man 12 E1,4Om '. jam .AID. 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Y.Ono-.VmC an FlH me^-t1V D micw 3fe f+elanav) 3 502G d 9391M pm mm W= - i CQ. • EUOma an Ytrt1q CeCR an IN at ine ECA6 tvel HCQ .� 6 S78M 12 1 6Qm 16 61 =ZD $0,03 Sam 34 3DO CC •Tablabml. for iAa E:an 3 som 1 i?OM 2 12m Wm 3 C •POR kr0:+ TY; - sR.1'WW'.l to reces aC..Lt -3 - - m m - Wm SUM 0 m o Vfs)IW.2 arcl 3-i sva PI—m De'te.-Co we 'iW➢G 6 E54m. 12 Omm W.m Sam: 20 jt.7MM an. and I M. b _ b•,mUJtlerai m < ymne 8 pmw. : i OIAWM Sam $3.WnW otvAscxc Clra2 5250.0 a "Mm i6 SIXOM' Wm Wm 26 r,Imm i aM detah Q m a DOOM m 'm= d .OMW o EiKS[al afid 1OlIIlQaan3 C=rCJJrta) $am i19am Wm tam .Wm 2 Siam 3.2 mrstrtexn Celt 'm a mm 16 S1 M m $a m 26 19am o T.of Qrdr. an exM1 Ran S— 1 : . j1m 0 116am: d � mmm - •.. Wm WM' 11 _ .19 aM •.FOR Level 3— UOM 8 M' m Wm 10 ream. • T.ta =. WS farC—Es7nalT 0 2 3192M 3 mim moo I Wm' 61 54MM. •AM-Wttve Bid -tlmY DUaftmrtn's•enddr• akli 2320M d 3WM a .: M man I PM 14 tzma0: •FOR Undno-A rep--MI.LMe Own BHA A -lend W FOR 3 OM 2 :-. A131M WM'. "'" r'Wm'1 2.- 'JIMM •.41 com .ts fecef•M Curt me FOR meesn w8 bet a •, ::. VMm d 12 .. DG m 20 $1.703M 0 m Olm 3am :Wm ';.. '0 - . SUM M Sam solm a. m' C DO m low M m SOM. a in➢e m m lam SCM 0 sang GG ID Mm WM. C WOO m -$0,00 m SaW som' 0' - M SOM -_:Inm WM -Sim Wm - 0 man WOO Wm Wm yam Wm - 0 Wm W➢0 WAD MM .. :jam WM. 0 SOM $nn, m WDO m Wm Q m ➢G m mFam Wm C7 SOM OD m Mw m. 0 m .sage. Sam .. M' 'low Wm S_. '.l .0 m m M.iam ym a IM Tctailarc Total Rmuad +.541. .: •. 1W _I.. •.. -". na -. "0" •. : G.: •., -.326 .•=-.., 1W➢G 1 M Saw m4mbo TaaY Fels �61T� ~m 13 Yeh and Associates, Inc. _ Gunsutting f ngiPLcrz & Sciam6st De=nbcr 10, 2009 Mr. Jason Wenger, P.E. HDR 303 East 17th Street, suite 700 Denver, Colorado 80203 Subject: Scope of Work and Cost Proposal for Ceotechnical Engineering and Pavement Design Services; Linden Street in Fort Collins. .Dear Mr. Wenger: 'this letter represents the Yell and Associates' scope of work and cost proposal to provide geotechnical engineering services and pavement design recommendations for Linden Street between Jefferson Street and Willow Street in the City of Fort Collins, Colorado. Scope of Work: - Based on our understanding of the project and after reviewing the information provided, we propose the following scope of work for obtaining subsurface information needed for the pavement design. I. Complete a total of three or four (3-4) borings, Pavement sample borings will be drilled to a minimum depth of ten (10) ftet along the proposed alignments to obtain soil and subgradc samples. Borings will be marked by Yeh and associates and surveyed by others. Some boring;; wi.11 be taken through the cziting pavement to obtain the pavernmt thickness measurements in addition to subgrade soils information and ,one boring will be extended to a depth of twenty (20) to thirty (30) feet to obtain samples and information for possible stop light foundation design recommendations. 2. Both bulk and California tube samples will be retrieved from the borings. inspected by the project engineer, and subjected to appropriate laboratory tests, soil classification and swell potential, for example. Where applicable, existing pavement, base, and subbase thickness measurements will be taken and samples obtained for Laboratory testing. Groundwater levels, if encountered, will be checked during drilling and several days after drilling is oo npleted, 3- The results of our field explorations and laboratory testing will be analyzed to obtain parameters for pavement design recommendations. 4. A report addressing the geotechnical findings and our pavement design recommendations will be prepared. The report will also summarize the results of our field and laboratory testing. Specifically, the report will address the following items: t,inden Sirt t - continued 5704) Lase Evans Av�nua, L)Ccvr7- C0 80222. 0 0 3 ) 781-9390, Fa.c 41*3) 7.31-93S3 170 NA el Rav Road, Otenwood SPriugs, CO 31G01, (970) 394-1500, Fax (9711) 334-1501 5 ? 0 Toracr Drive, S u i t c U, L)uraaE0, C0 81303, ( 9 7 0 ) 382-95'901 Fa.s (970) 312-91X3 14 pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub -contractors, BHA, Centennial Archaeology, Inc., Clanton & Associates, Goodbee Associates, Pinyon Environmental, Tatanka Historical, William E. Welch and Yeh & Associates 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. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 3 • Descriptions of the existing soils conditions encountered at and below pavement subgrade and in new alignment or widening areas. • A summary of the existing pavement conditions. • Boring logs ,graphically depicting the subsurface data. • Subsurface profiles showing the gtxlogy along the proposed roadway • Recommendations pertaining to special treatment of pavement subgrades due to soft subgradc soils. These could include moisture conditioning, subexcavation, or other state -cif -practice improvement methods. • Recommendations for pavement thickness alternatives using both Hot Mix Asphalt (HMA) and Portland Concrete Cement (PCC) pavement will he based on the sails information generated and the traffic loadings provided. • Discussion concerning the ramifications of high ground water on the pavemrmts or structures, if needed, • The results of the soil corrosivity testing (soluble sulfates, pH, chlorides, and electrical resistivity) and proposed construction recommendations to help mitigate corrosion con cerns or sulfate related concrete problems. • Compaction criteria for pavement subgradc, base course, and shallow embankments. • Asphalt tnix and binder recommendations Attend pmject design meetings and provide tecluucal input as required. Soil sampling and testing and pavement thickness designs will follow l.,aritner County Street Standards and Colorado Department of Transportation Standards. Schedule: We will begin our fieldwork 1xith.in two weeks after being given a signed agreement, notice to proceed, and obtaining drilling and access permits, and utility clearances. Preliminary results of the study will be available one month after drilling and the draft final report will be available within 4 weer after fieldwork is complete. Cost of Investigation and Designs: The cost for our services, including all fieldwork, traffic control, laboratory testing, engineering analysis, pavement design, and report preparation, is estimated to be S 11.,500. A break down cost based on various tasks is presented below. { Category Costs) Engineerin Services $ 4,750.00 CADO Drafting $ MOM Field Operations $ 4,750.00 Lab Testing$ 1,200.00 Contingency ( _ .00 Subtotal r- $11,500.00 Page 2 of 3 15 Linden Street - continued The above scope of %vork and estimated cost are based on the provided information and our understanding of the project. Should additional services be required beyond the scope presented above, our standard unit rates will be applied. A copy of our rate schedule and general conditions is included with this proposal. We appreciate your consideration ofYeh and Associates, Inc. for this work, and are available to discuss the details of our service: with you. Please feel free to call us if you have arty questions or if you need more information. Sincerely, Yell d Associaes , Robert F. Larorce, P.>1.y Senior Materials Manager CC: File 2009-P1r0 Pagc 3 of 3 16 7077Linden Street Streetscape Project Cih, of Fort Collins, Colorado Etnironntental :approach Pinyon Environmental Engineering. Resources, Inc. - Pinyon Environmental Engineering Resources, Inc_ (Pinyon) is pleased to submit this proposal for environmental services for the 7077 Linden Street Streetscape Project in the City of Fort Collins (City), Colorado. Pinyon understands that the City will be receiving. finding from the Downtown Development Authority 'and the Colorado Department 'of Transportation (CDOT)_. A Categorical Exclusion Determination.(Cat Ex) is expected to meet the . federal and state environmental requirements for this project; in compliance With the National Environmental Policy Act (NI EPA). Pinyon has completed more than 30 .CDOT Cat Ex projects. In addition, Pinyon has extensive . experience in erosion control and stommwater management plans, including completion of three projects within CDOT Region 4 in the last year_ The City has held an environmental scoping:meeting` with CDOT and it was determined that the only items which will geed to be evaluated within this study are a Colorado Discharge Permit System (CDPS) for stormx%ater associated with construction activity, MS4 compliance, and Section 106 review_ The consultant.team may. also be required to obtain a Section 404 permit_ The tasks for which Pinyon wound be responsible are summarized below. Stormwater i1Siinagement/Erosion Control Plans and biS4 Compliance - If construction impacts will be more dian one acre, a CDPS permit from the Colorado Department of Public Health and Environment (CDPHE) will. be required_ One condition of this permit is. that a construction Stormmwater Nlanagemient..Plan (SW NIP) must be developed for the project.. The S.IVNIP must: comply with CDOT specification Revision of Section 101, 107, and 208 Water Quality Control, dated December 23, 2008_ Pinyon will provide a SWVIP that is in compliance with CDPHE and CDOT requirements. The format for a CDOT SIkINT is a S'%NP notebook which will contain 19 sections as described in the above -mentioned specification_ If the constriction impacts are less than one acre, a CDPS from. CDPHE is not required_ However, Pinyon understands that a SVINIP is required for all CDOT construction projects. In this case.. an abbreviated SWNIP format may be approved by CDOT Region 4 as outlined in Revision of Section 101, 107.E and 208 Mater Oialh), Control (Without CDPS-SCP), dated January 21, 2009_ Pinyon will provide a SIVIT that is in compliance ivith this specification and includes four of the standard 19 sections_ The City of Fort Collins holds a NIS4 permit_ The construction S%'MP will comply with the requirements and stipulations of this permit. PiWon 17 46 Wedand Delineation and 404 Permit — The projectt may impact Waters of the US, including wetlands, under the jurisdiction of the US Army Corps of Engineers (Corps)- If needed, Pinyon will complete a wetland delineation, summarize the results in a letter, and obtain a Section 404 Nationwide Permit_ Regardless of Corps jurisdiction, CDOT requires mitigation for all wetland impacts (does not include open waters). Pinyon would coordinate: purchase of wetland mitigation credits as required by CDOT and/or the Corp_ A CDOT Wetland Finding report would be required if wetlands permanent impacts exceed 500 square feet or if temporary impacts exceed 1,000 square feet_ Senate Bill 40 (SB40) gives Colorado Division of Wildlife (CDOW) jurisdiction over impacts to riparian habitat and their associated streams resulting from MOT projects_ An SB40 clearance is required on some CDOT projects_ Neither a CDOT Wetland Finding, nor an SB 40 clearance, are expected to be required. Thus, they are not included in this scope. • Cat Ex Support — Pinyon understands that CDOT will be completing the majority of the documentation necessary to support the Cat Ex_ However, if needed, Pinyon staff would be available to support CDOT by providing documentation of the other clearance actions on CDOT Form #128_ 18 Summary of Estimated Costs 7077 Linden Street Streetscape Project Fort Collins, Colorado Description Units Rate Subtotal SWMP;CDPHE tDPS.Permit" 2:' Principal Engineer 1 S150.00 $150.00 Senior Engineer 2 S125.00 $250.00 Project Manager (including project meetings) 16 $102.50 $1,640.00 Project Scientist/Engineer 24 $80.00 $1 920.00 CADSpecialist 26 $88.00 $2 288.00 Draftsperson 16 $57.50 $920.00 Project Assistant 4 $58.00 $232.00 Clerical 3 $45.00 $135.00 Expenses (mileage, copies) 1 S700.00 $700-00 Task Total3l S8 235.00 Wetland Delineation and 404Permitif needed Principal Engineer 0.5 S150.00 $75.00 Project Manager (including project meetings) 4 S102.50 $410.00 ProjectSpecialist 16 $88.00 $1 408.00 Project Scientist/GIS 4 $80.00 $320.00 Clerical 2 $45.00 $90.00 Ex eases((mileage, GPS, flagging) 1 S250.00 $250.00 Task Total S2,553.00 Notes: } -Assumes three, two-hour meetings 2 - Assumes two dra fng submrttak and rounds of revisions 3 - Assumes that a 'Yutr" SV5%fP wdt be necessary_ Wan abbreviated SWUP to COOT Specifications Hitt appty to fhrs project because rmpacfs are less than one acre, these costs could be decreased by 31,8W 4 - Assumes that the pra�ect would be covered under a hWionwlde Permit 5 - bmWes time For one round of revivon, coordination with COOT, and purchase of wetland mtdgation bank credit 6 - Nether an S6 40 clearance or GDOT We0and Findrng are expected or included 7 - Pinyon wdl bill on a Time and Materials Not to Exceed" basis_ 8 - The authorized amount wilt not be exceeded without prior approval. Pinyon Environmental Engineering Resources, Inc. 303-980-5200 19 N & A SS� W 0C,HTINC D SIC.N AND ENCINEE",%(G Date: December 15, 2009 Jason Wenger, P.E. HDR 303 East 17th Avenue, Suite 700 Denver, CO 80203-1256 Re: Linden Street Streetscape Project Lighting Design and Electrical Consulting Proposal Clanton and Associates proposes to undertake the fighting consulting for the Linden Street Streetscape Project in Fort Collins, CO. The total estimated fee for this project is $11,300. Estimated expenses in addition to fees are $ 200_ The scope of work includes: 1. Streetlighting along Linden Street (between Station 209+40.00 and Station 220+24.50) 2. Streetlighting for round -about (Linden and Willow Streets) 3. Streetlighting for intersection of Linden and Jefferson Streets Fees are lump sum, with invoicing occurring monthly on a percentage of tasks completed. A breakdown of the design services shall include the following: Task 4.0 Preliminary Design Phase $ 6,220. • Preliminary streetlighting design • Proposed luminaire types • Lighting control strategies • Utility coordination to identify power source locations Preliminary specifications in CDOT fom-tat Preliminary cast analysis Up to one FIR submittal Up to one design meeting • Attendance to FIR • Up to one 60% Design Submittal Task 4.0 Final Design Phase $ 5,080. • Final streetlighting design • Luminaire schedule • Final electrical design for streetlighting • Utility coordination • Final specifications in CDOT format • Final cost analysis • Up to one FOR submittal • Up to one design meeting • Attendance to FOR 4699 Nautilus Court South, Suite 102, Boulder, CO 80301 Tel 303530-7229 Fax 303-530-7227 20 Up to one final AD set submittal This scope of work is based upon normal project progress and within the time schedule agreed upon, without major redesign or change order work. Additional fees will be required if project timing is extended or project is put on hold and restarted at later date. If the project timing exceeds one year, then extra services rates may increase. The scope is based on an Understanding and Scope document dated Not included in this scope of work is development of custom luminaires, holiday receptacles, LEED documentation, life cycle costs, renderings, emergency and exit lighting, structural engineering, as -built documentation, mock-ups, coordination during bid phase, commissioning, equipment procurement, or additional trips or meetings. Client will supply Clanton and Associates with review materials and backgrounds in AutoCAD format_ Reimbursable expenses shall include printing costs; overnight delivery and travel expenses associated with the project and shall be charged in addition to the compensation for professional services_ Payment for services is expected within 30 days of invoice unless other arrangements are made in writing. Additional services shall be charged at the following hourly rates: Principal Engineer $18Mr Sr. Engineer 100/hr Engineer 851hr CADD Technician 60/hr Administration 50/hr This agreement is valid for 60 days. CLANTON & ASSOCIATES December 15, 2009 DATE 4699 Nautilus Court South, Suite 102, Boulder, CO 80301 Tea 303-530-7229 Fax 303530-7227 21 Tatanka Historical Associates, Inc. 512 S. College Ave., ?.O. Box 1909 Fort Collins, Colorado 80524 later nka@verinetcom 970:221.1095 4 January 2010 Jason Wenger HDR Engineering Inc. 303 E. '17iAve., Suite 700 Denver, CO 80203 Subject: Linden Street Streetscape Historical & Archaeological Resources REVISED SCOPE AND FEE PROPOSAL Dear Jason, Please accept this document as our revised scope and fee proposal for the completion of architectural and archaeological analysis of the Area of Potential Effect (APE) for the Linden Street project in Fort Collins. The goal of this .vork will be to complete all of the fiel(Evork, research, and written documentation necessary to support Section '106 compliance, along with related archaeological monitoring and field analysis_ Our revised scope and cost estimate is based upon an assumption that the APE will be limited to the Linden Street corridor that runs from Jefferson Street to the Cache la Poudre River. If the APE is revised by CDOT and SHPO, we will need to discuss an amended scope and fee estimate at that time. This proposal also reflects a scaling back of our initial scope and fee proposal, which was submitted a few weeks ago. Our team for this project includes Tatanka Historical Associates Inc. and Centennial Archaeology Inc. Tatanka will act as the primary consultant and will manage worst on the project, author deliverables, and conduct analysis of historic resources in the project area as needed. Centennial will act as a sub -consultant to Tatanka, and will focus upon the archaeological analysis. Thank you for the opportunity to submit this proposal. Regards, Ron Sladek President TATANKA HisTomoAL AssooiATEs, [No. SRINeme THE PART To L[FE 22 SCOPE OF SERVICES The following tasks will be completed, based upon our understanding of the project and its requirements for historical and archaeological resources analysis: I. Definition of the Area of Potential Effect (APE) a. Discussion needs to be launched early in the project :with CDOT and SHPO staff to define the APE for Section 106 compliance. These agencies will officially determine whether the APE will be limited to the Linden Street corridor or will be expanded to include more of the surrounding area. Until these discussions are held, the APE is assumed to be limited to the Linden Street corridor. If the APE is expanded, the project scope and related fees will need to be revised. III. Project Research a_ A modest amount of archival research will be completed to locate and collect existing studies regarding the historical, cultural, architectural and archaeological resources that are found '.within the Area of Potential Effect (APE)_ While much of the historical and architectural information is readily available, the archaeological studies will take more effort to locate. b. While many of the resources in the project area have already been researched, the project may require additional research in support of the Section 106 process_ If so, the project scope and budget may need to be amended. III. Completion of Fieldwork a. A modest amount of fieldwork may be required for Section 106 compliance. The APE will probably need to be inspected to determine whether physical evidence of changes to architectural resources might be found there. In other words, the SHPO may require that field analysis of the APE's buildings be updated since the 2002 survey took place a number of years ago_ At this stage, the project will not involve any excavation of archaeological resources_ IV. Meetings & Preparation of Section 106 Deliverables a. Written documentation will be completed as necessary for submission to the City of Fort Collins, CDOT, and SHPO for Section 106 clearances. The project consultants will participate in meetings with staff from these agencies. V. Section 106 Compliance Completion a_ Written analysis will be revised in light of comments offered by the client, CDOT, SHPO, and any other relevant stakeholders. VI. Interpretive Planning a_ Tatanka will assist BHA Design with interpretive concepts that could be vmrked into the streetscape plan for the project area. This effort is expected to irnDlve several meetings with BHA and city staff. TATANxA HisrowcAL AssoctATEs, Mc. BwNGIM THE PAST To Lr.FE 23 ESTIMATE OF COSTS The following cost estimates are for �.%rork to be completed by Tatanka and Centennial. Please see Centennial's separate archaeological scope for details of their proposed work_ Based upon recent discussions, it is our understanding that only Phase One of the archaeological proposal will be approved at this time. Tatanka Historical Associates' estimate is based upon its project management expectations, together ,Mth anticipated fielchvork, research and writing that will focus upon the resources that are located within the current project area. Any changes to the scope discussed above may result in changes to the corresponding cost estimates below. Definition of the APE (15 hours x $100.001hr.) $1,500.00 Project Research (5 hours x $100.00/hr.) $500.00 Completion of Fieldwork (5 hours x $100.00/hr.) S500.00 Mtgs. S Prep. of Sec. 106 Deliverables (25 hours x $100.00/hr.) $2,500.00 Section 106 Compliance Completion (20 hours x $100.00/hr.) $2,000.00 Interpretive Planning (50 hours x $100.00lhr.) $5,000.00 Estimated Project Total for Tatanka $12,000.00 Estimated Project Total for Centennial $17,410.00 Combined Project Total $29,410.00 "Note: Even with the revised scope and estimate, the project still involves several unknown factors that cannot be addressed at the present time. Additional meetings, research, field analysis, writing or other work items may be required beyond the levels discussed in the scope of work above, including changes to the scope required by the client, CDOT or SHPO. These will be billed on a time and reimbursable expenses basis at the hourly rate shown above. The estimate above will not be exceeded, and no changes to the scope or budget will be made, without prior consultation with the client. TATANxA His-romcALAss'ocIATEs, wc. BRINGING THE PAST To LffE 24 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunderforthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 4 100 I � t k3i a�'i3�4atfi, t 40di.ng 4-C i'cxt Collins, Colorado 8052 CENTENNIAL ARCH AFOLOGY, Inc. Pl,c=ne; (s7n)225-6573 -Fm : �)70)225-6577 F-mail: rc:ntrnniaE;ce�entes►ni�lunCkt.com DRAFT SCOPE OF WO1tK AND COST BREAKDOWN LINDEN 8TREET STR EaETSCAPE ARCHAEOLOCIC:AL 13wiVYS`I'IGATIONS Date: December 14, 2009 (,*w +af tiVork and Accuinutions The archaeological portion of the project will consist of three phases: 1 -- APE Development and Class ItCiass 111 Studies; 2 --Test Excavation in Old Fort .Area; and.1 —Construction Monitoring - Some scheduling and reporting overlap may occur between phases. PHASt: 1 — APE DEVEL 0PjW&VT A)VD CLAS.i 1,4jVD f_'L J,5f51` 1,5Tt,'Lt1ES • The Area of Potential Effect (APE) is assuined to coincide with the project area as shown in Attachment I of the City of Dort Collins RFP. The project area consists of 0.2-mile-long cvrridt r along Linden Street that extends from the Cache la Poudre. River bridge on the northeast to the southeastern side of the Linden Street -Jefferson Street intcrsLction on the southew; the corridor is 150 feet wide, The Arpe needs to be finalized in consultation with the Colorado Department of Transportation (CDOT), and could expand as a result of these discussions, Any expansion beyond the boundaries of the 13rajcct as presently defined would result in additional costs. • It is assumed that the APE development proxcess will require Centennial to attend two meetings, one in Deriver and cane. in ,FQI.t Collins. • A Class I literat><rre and file search will be conducted for the APE. Centenriial's file search will Focus on archaeological remains rather than standing structure~. Using available information sources (e.g,, historical maps taf the Old Fort, previous test excavations, oollections stores) at the Fort Collins Museum and possibly elsewhere, Sanborn insurance maps), the known archaeology of the APE will be summarized and the potential for encountering buried arhacological remains will be .assessed. • Any undeveloped, previously unsurveyed areas within the APE will require Class III cultural resource inventory. This pedestrian survey will require minimal effort, given the highly disturbed condition of the pruiect area. Any previously unrecorded archaeological remains Within the APE will be recorded in full. • The Class I and Class III studies will result in a report that niects the standards for content and format of the Colorado Office of Archaeology and Historic Preservation. • It is assrirned that there will be net barriers, either physical or legal, to all areas where field inventory is to be conducted, and that access to private laud will be arranged by the City of Fort Collins. The ground must be 100%snow-free in order to conduct Class Ill survey. PHASE 2 — TEST EfYCAT'.4T1(7.A IN THE OLD rORr4REfJ — N•� :w Gi.eol� • Historical maps suggest that remains of two structures associated with the old Camp Collins may he found within or very near Linden Street within the project boundaries. the Smith Officers Quarters and the Enst Officers Quarters, 'Pest excavation will be conducted at these locations in an effort to determine if buried physical remains are present and to define possible features. 25 • It is assumed that ap to ten I meter x 1 meter test units will be excavated. • 'rest excavation will be co4wdinated with the early stages of project construction in order to take advantage of hcavy equipment availability. If pavement overlies areas to be tested, it is assumed that heavy equipment will be available to remove the pavetnent mechanically to enable testing. [t is furtherassumed that heavy equipment will be available to strip disturbed overburden if necessary. • it is assumed that test excavation will require the services of two archaeologists for ten 10- hour 'field days. • If test excavation or mitigative Excavation is required as a result of test excavation discoveries, the cost of this work, including analysis and report writing, would be negotiated stpirately. • The rasu Its of test excavation will be combined with monitoring results in a single technical report, however, report costs are broken down betwcen the two phases of work. • it is assumed that any artifacts recovered in the course of test excavation will be curated permanently at the Fort Collins Museum, /' T,4:S:C 3 - ()N.STIrUC"T1Cl1t MUVITf)RIh'C7 A/o1 ;aa4►4/ • Archaeological monitoring will be conducted during construction. Areas to be monitored will be determined in advance based on the results of the Glass t and Class all studies as well as test excavation. • It is assumed that the monitoring work will require one archaeologist for ten 3-hour field days. • If test excavation or mitigative excavation is required as a result of tnonitorinsg discoveries, the cost of this work, including analysis and report writing, would he negotiated separately. • It is assumcd that any artifacts recovered in the course of construction monitoring will be curated permanently at the fort Collins Museum. ..............................................................................� PropQ$,ed Costs PHASE 1— APE DE 6<EL OP. -VENT AND- CLASS I AMD CLASS III STUDIES Labor Principal Investigator :32 hours @ 90.00Iltour 2,880.00 Project Supervisor 120 hours Ia 70,00/hour 8,4K00 GISIC-omputer Graphics Specialist 80 hours i c 60.001hour 4,800.00 Technical Editor 16 hours @ 55.00/hour 880,00 Labor Subtotal: $16,')60.00 26 Other Y)ireet Costs ('ODC) Vehicle Cast 2 days (7 75/day 150.00 Sitc Form and Report Copying Costs 100.00 Report and Site, Forms Production Costs 200.00 ODC Subtotal: . $450.00 Total -Phase l: $17,410.00 PHYI, 2 -- TEST EXCAVATION IN Tiff OGD FORTA RL4 Labor Principal Investigator S hours cr 90.00/hour 720.00 Project Supervisor 180 hours J 70.001hour 12,600.00 Crew Member 100 hours r. , 40.00/hour 4,000.00 LaboratoryfReport Assistant 40 hours (a40.001hour 1,600,00 CTWContputer Graphics Specialist SO hours (a) 60.00/hour 4,S00.00 Technical Editor 12 hours c155.001hour 660.00 Labor Subtotal: .$24,380.00 Qft Vehicle Cost 10 days (q) 75/dav 750.00 Report and Site Forms Production Costs 200.00 ODC Subtotal: $950.00 Total — Phase 2: $25,330.00 AIW ;.*4r4ol PHASE 3 — GOaVS7RUCTIoN w01V7' ()R1jVG Labor .Principal Investigator 8 hours (c�r7, 90.00/11our 720.00 Proiect Supervisor 160 hours @ 70.00/hour 11,200.00 GIS/Computer Graphics Specialist SO hours [c), 60.00/hour 4,800.00 Technical Editor 12 hours C� 55.00/hour 660.00 Labor Subtotal: $17,380.00 am Vehicle Cost 10 clays a 751day 750.00 Report and Site Forms Production Costs 200.00 ODC Subtotal: $950,00 Total — Phase 3: $18,330.00 /t/of i�61 T()TA.1.. COST: iftl' � l74ro,ao 27 Wm.T. Welch Company, LLC a Colorado limited liability compary 1325 Oakridge Drive Fort Collins, CO 80525 Tel: 970/215-4099 FroJect Management WTW For Structures d Inirasirixture Agreement Between Client and Construction Manager for Professional Services December 15, 2009 Mr. Jason Wenger HDR, Inc_ 303 East 17th Avenue, Suite 700 Denver CO 80202-1256 RE: Linden Street Streetscape Project Fort Collins, CO bear Jason, I am pleased to propose the following revised Agreement for evaluating and reporting construction unit cost information during the design phase of the referenced project: PROJECT PHASE AND SCHEDULE ASSUMPTIONS The project generally consists of: a. Design Development Phase Alternates and FIR Submittal Cost Estimates 9 weeks b. Final Design Phase 60%6 Submittal Cost Estimate 5 weeks G. Construction Documents Phase FOR Submittal Cost Estimate 6 weeks The services shall be generally performed per the Request for Proposals: 70T7 Linden Street Streetscape Project, undated, prepared by the City of Fort Collins_ SCOPE OF SERVICES Cost analysis services consists of participating in requested meetings and telephone calls to generally establish the nature, unit cost, and construction scope of work for a schedule of quantities provided by others. I will provide information in text and unit price form at the completion of each project phase. The intent is to obtain current cost input information from the local contractor, subcontractor and supplier community to include in estimates prepared by others. These services are not proposed to conform to A5TM Standard Practice for Performing and Reporting Cost Analysis During the Design Phase of a Project. The scope of services is more completely described in the Exhibit A attachment to this Agreement, but specifically does not include contracting directly with designers, construction contractors, private or public entities- I have also assumed that final preparation or review of construction bid documents and construction contract administration is beyond the scope of my services. 28 Mr. Jason Wenger Project HDR, Inc_ ® Management For aStructures Linden Street Streetscape. Project S Page 2 Infrastructure CONSTRUCTION MANAGER'S COMPENSATION Compensation for services shall be on an hourly basis charged at Construction Manager: $125.00/hour X 64 hrs = $ 8,000.00 Senior Estimator: $125.00/hour X 0 hrs = 0.00 Quantity Surveyor- $ 90.00/hour X 0 hrs = 0.00 TOTAL $ 8,000.00 This compensation includes vehicle costs for local travel, computing and miscellaneous office supplies_ REIMBURSABLE EXPEN5E5 Expenses incurred in connection with the project such as long distance transportation, airfare, meals or lodging for travel, long distance telephone calls and facsimile transmissions, overnight deliveries, courier services, professional service sales taxes, cost of document reproduction and the cost of outside professional services or materials will be billed at 1.25 times the cost incurred_ ADDITIONAL PROVISIONS 1. If Basic Services included in this Agreement are not completed within 18 months of the proposal date compensation may be equitably adjusted_ 2. It is specifically acknowledged by Client that CM does not have professional liability or project management insurance coverage. I have enclosed two copies of this Agreement for your review_ If this proposal is acceptable please sign one copy and return it to us_ Retain one copy of the signed Agreement for your records. This proposal will remain valid for acceptance for 30 days from the proposal date. Thank you for including Wm.T. Welch Company, LLC on your project team and I am looking forward to working with the HDR, Inc. on this project. Sincerely, Wm.T. Welch Company, LLC William T. Welch AIC, CPC/Manager Agreed to and Accepted by: (Signature) (Printed Name and Title) HDR, Inc_ (For) (Date) 29 Mr_ Sason Wenger HOR, Inc. Linden Street Str+eetscape Project Fart Collins, CO Dzccmber 15, 2009 Project Management For WTW Structures d Infrastructure An Agreement Between Client and Construction Manager for Professional Services EXHIBIT A — Summary of Services BASIC SERVICES INCLUDED NOT REMARKS: INCLUDED Deign Ocvclopment 1. Visit Project Site and Document Observations and Opinions X CM 2 2. Prepare and Execute CM Agreement X NfC 3_ Document Design Development Project Construction. Schedule X Development 4_ Assist Design Professionals' Evaluation of Alternative X CM S Approaches to Design and Construction of the Project_ SE 0 Prepare 2 each Alternative Design Development Parameter QS 0 Estimates Including Allowances, Contingencies and Reserves- 5- Prepare Alternative Design Development Parameter Cost, X scope and Schedule Report 6. Facilitate Constr actability Review X 7_ Prepare Field Investigation Review (FIR) Estimate Including X CM 12 Allowances, Contingencies and Reserves SE 0 QS 0 8_ Prepare Field Investigation Review (FIR) Estimate Unit Cost X C41 2 Letter 9_ Attend Meetings X Max of 2 CM 4 Final Oc:ign 1. Review Field Investigation Review (FIR) Estimate Cost, Scope X and Schedule Report with Project Team 2. Facilitate Constructobility Review X 3. Assist in Determining Need for Special Studies and Reports X 4_ Consult with Public Agencies for Permitting and Approval X Processes Page 1 of 2 30 Mr. Jason Wenger HbR, Inc. Linden Street Streeetscape Project Fort Collins, CO December 15, 2009 Project Management For WTW Structures 3 Infrastructure BASIC SERVICES - CONTINUED INCLUDED NOT REMARKS= INCLUDED 5. Assist in Review of Public Records and Documents x 6_ Document Final Design Plans Phase Schedule x 7_ Document/Report Project Scope Changes From FIR to 60% x Design Estimates 8. Prepare 60% Design. Estimate Including Allowances, x CM 14 Contingencies and Reserves SE 0 QS 0 9. Prepare 60% Design. Estimate Unit Cost Letter x CM 2 x Max of 1 10. Attend Meetings CM 2 Construction Documents and Bidding 1. Review Final Design Phase Cost 60% Design Development Estimate, Scope and Schedule Report With Project Team x 2_ facilitate Canstructabiiity Review x 1 Document And Report Project Scope Changes From 607 Design Development to FOR Design Development x 4. Facilitate Preparation Of Construction Scope -Of -Work x 5. lZeview Or Edit Preliminary Quantity Surveys x 6_ facilitate Preparation Of Project Construction Schedule x CM 14 7_ Prepare FOR Design Development Estimate Including SE 0 Allowances, Contingencies and Reserves x QS 0 8. Prepare FOR Design Development Estimate Unit Cost Letter x CM 2 9_ Review Bidding Documents x 10. Attend Constructicn Documents Phase Meetings x Max of 1 CM 2 11. Attend Construction Phases Meetings x Page 2 of 2 31 Gmmn aW A23.=s LLbzl Stvatlmmaa-r FM GaSm Rn'r .ED Empo x'NofraricCast FtcpesTl LV y,3110 Te/ he�lee,f.ccbtYrUgla _ �.�y1 .Lml IL'f/ tAt..r RLiiy lT/jlal Atel>atYl. AamhCTrm TCOI Qn hd �! �N rTvrRn I�caR 'Ci. ✓'realsriTycv ¢m-AL>aa6afl 2 l 6 II 'r "] bcs>rc v>aRayshf.Cn Ly was acaeew e9f a'..n3�-�taa Fctm TLN T3T (�Ey was .1mn><.S� wan 1 II IO II1C :aGs®bp aflb}tttay Qema b¢a4armlCgtl�ac .m aale2b (rrcc-etl L / 1I.110 coa:<marm iWr6 R.ivYy .Fzbt®amrLt A,z�YR+1� L 1 IS Sl.� alm �.T mvpn trCsadrk¢v rQ¢mvd fi¢4 tlCtr b h ct fgtlYd-1 .cum � tm., aaseexaaccr.ILa mr.a eas n=gsa n sxf .arcs e: Rtgc.a.le IGll ! r�3p a-.cstrr?+p-dl�.c�avar<sda�.arma�pviceml �fcaorscc Ifae crQpar.fa41>ZR; cmrama rt�rsemas mticcafacercm a.s:c. 1 a W F=.arvvva:�t=aaara..rs:4 �cacna:a�-e-ar.:>=fa amv:mat-M y r 1 u ay apa,ma. ca�.fatr+�aarnm ca.fc><wcarvvamanmctravl arv�tc cl >meer� v�aemrLf�e�csamaac.ILmsgeaiL a.-x>i Irlala.a tx+v.lt4 1 d s 1 frn Ina}�l'daYra[+anp:r®.aat��art.¢4 ! ! f0 h�rs.9d�®L-i'aa�\�vdlw tl#�.aclG�a Islra art tsaoaajmYm Qn'![ t.¢a .OSr �' tu.Lesx� �ro>q.Sa2�am tr6�nm� r,@L 4 s� ! fo ra arm sy;La �ldLaserecm:rxvbvaxarrtlaf vale amens .t>:t.�e vlor ar >=T+� gemm..uem�a:l:y .2[ead ml o.m :vm Rim r.,a.md r<aarty cf ®. malmw M araQm azavm�mmxv,avrLrmvaac cacfas w.zcrf�.a a.m ctv�slarn.� 1 a =ii.=,�maR Ri�'i Cv+rfre4c+:_ ml pgacf �4S l�im.ald'aSa N�p1+: 1 a ::d sm w+=.�}� cs.ctvt�a dpm�aTt r>�..aa:a 3 Frsr>ati c cim taavac er ea: of sr a a r�ccn,fw�c:c.erxrmo�m+taaasmsa l fo it plmm rH It In TOTALIABOR _ 53 ?b 6 8-c ssfm TOTAL ESTIMATE 59,805 - SIMI) - 515.6a-q cmaa,n,wtfv�mbr 32 Linden Street Streetscape Design Summary by Team Member Team Member Role Subtotal HDR $ 159,833 BHA Design Urban Design/Streetscape $ 45,511 Yeh & Associates Geotechnical and Material Engr. $ 11,500 Pinyon Environmental Environmental Permitting $ 10,788 Clanton and Associates Site Lighting $ 11,300 Centennial Archaeology, Inc. Archaeology $ 12,000 atanka Historical Associates Historical Interpretation $ 17,410 illiam T. Welch Company Cost Control $ 8,000 Goodbee and Associates Utility Support $ 15,685 Total Proposed Task Fee $ 292,027 DBE Goal Percentage Goal = 11.25% 15.06% includes $5,300 for potholing 33 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this I Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 5 A� �® CERTIFICATE OF LIABILITY INSURANCK 2010 DATE10/201IWYY) 2/ 10/2010 PRODUCER Lockton Companies, LLC-1 Kansas City 444 W.47th Street, Suite 900 Kansas City MO 64112-1906 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE OF INFORMATION CERTIFICATE EXTEND OR POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE NAIC # INSURED HDR ENGINEERING, INC. INSURER A: Hartford Fire Insurance Company 19682 1013472 8404 INDIAN HILLS DRIVE INSURER B: Allied World National Assurance Company 10690 OMAHA NE 681144049 INSURER C: New Hampshire Insurance Company 23841 INSURER D: Insurance Company of the State of PA 19429 INSURER E: Zurich American Insurance Company 16535 THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING l.0 V r_KAIJGJ r1UKI INU 1 SA INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD1 NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1000 000 DAMAGE( RENTED PREMISESSEa occurrence) ccurrence)$ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 37CSE UO950 Q 6/l/2009 6/1/2010 CLAIMS MADE 0OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO-X LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000A X ANY AUTO 37CSEQUO951 (AOS) 6/l/2009 6/I/2010 (Ea accident) BODILY INJURY A ALL OWNED AUTOS 37CSEQUO952(HI) 6/l/2009 6/1/2010 SCHEDULED AUTOS (Per person) $ XXXXXXX X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ]{?(xxxxX OTHER THAN EA ACC $ XXXXXXX ANY AUTO NOT APPLICABLE $ XXXXXXX AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 B X OCCUR ❑ CLAIMS MADE C012177/001 6/l/2009 6/1/2010 AGGREGATE $ 1000 000 $ XXXXXXX UMBRELLA El (EXCLUDES PROF. LIAB) $ XXXXXXX DEDUCTIBLE FORM $ XXXXX} x X RETENTION $ 0 WORKERS COMPENSATION WC STATU- OTH- X C AND EMPLOYERS' LIABILITY Y/ N 3621195 (AOS) 6/l/2009 7/1/2010 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE 3621196(CA) 6/l/2009 7/1/2010 OFFICER/MEMBER EXCLUDED? ❑ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE- POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below E OTHER EOC9260026-02 6/l/2009 6/1/2010 PER CLAIM:$1,000,000. AGG: ARCHS & ENGS $1,000,000. PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: LINDEN STREET STREETSCAPES PROJECT - REPLACEMENT INS CERTIFICATE. CITY OF FORT COLLINS AND COLORADO DEPARTMENT OF TRANSPORTATION ARE NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. I C nULUCM 10794883 CITY OF FORT COLLINS ATTN: JOHN STEPHENS 215 NORTH MASON STREET, 2ND FLOOR FORT COLLINS CO 80522 ACORD 25 (2009/011 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1[&9eX9Q1i]t11I MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ffi7rEX1M)f EXtXDiIXSMXIX >�Itttsa�tsteam;x�m�axinx�aaaacJCDaa>�rlcx>`aecoasue»aax�a�a�cscamc n 198R-2ndWAlrMRn CORPORATION_ All rinhtc racarvari The ACORD name and logo are registered marks of ACORD For questions regarding this certificate, contact the number listed in the'Pmducer section above and specify the client code'HDRINOV. EXHIBIT E FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: 1. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); 2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants; 4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable; 5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.360) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by 1 contractors or sub -contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally - assisted programs. J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et. seq.. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181- 12189, 12201-12213 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seg.). 2 N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts". Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. 5.2 DBE and UDBE Goals and information The Department (CDOT) has determined the contract goal for UDBE participation in this Contract will be met with certified UDBEs who have been determined to be underutilized on professional services contracts. The UDBE goal for this project has been established as follows: Professional Services Consultants and/or Subconsultants: 11.25 Percent ATTENTION CONSULTANTS - Notice On June 21, 2001, in order to more narrowly tailor CDOT's DBE program to conform with the results of CDOT's 2001 Disparity Study update, the Colorado Transportation Commission adopted Resolution No. 966, which established a new definition of Underutilized DBE (UDBE) for construction contracts and for consultant contracts and set a 10.93% overall annual DBE goal for the remainder of IFFY 2001 and for FFY 2002. The Disparity Study Update found that ALL DBES were underutilized on CDOT construction contracts and on CDOT consultant contracts, i.e., it determined that ALL DBES WILL BE CONSIDERED TO BE UDBES. Since all CDOT DBEs are considered to be UDBEs, CDOT's DBE list will also be the UDBE list. Please contact Business Programs with questions about this change. Telephone: 303-757-9162 or 800- 925-3427 or e-mail Karen.Gonzales@dot.state.co.us. 3 October 12, 2005 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1. Definitions and Procedures - For this project, the following terms are defined: A. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: 1. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 3. "Socially and Economically Disadvantaged individuals" means those individuals who are citizens or lawfully admitted permanent residents of the United States and who are: (a) Minorities or individuals found by the Small Business Administration pursuant to Section 8(a) of the Small Business Act to be disadvantaged. (b) Individuals found by CDOT's Office of Certification to be socially and economically disadvantaged. B. DBE Joint Venture. An association of two or more businesses formed to carry out a single business enterprise for profit for which purposes they combine their property, capital, efforts, skills and knowledge. DBE joint ventures must be certified as a joint venture. The DBE percentage of the joint venture will be determined at the time of certification. C. Underutilized DBE (UDBE). A firm which meets the definition of Underutilized Disadvantaged Business Enterprise (UDBE) based on the findings and recommendations of CDOT's Disparity Study and is eligible to meet the contract goal as defined in the paragraph titled "Contract Goal." D. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the selected consultant, based on the type of work included in each project and the availability of UDBEs capable of performing such work. The Contract goal will be the percentage stated in the invitation for consultant services and in the project documents. E. Certification as a DBE by the Department 1. Any small business may apply to the Colorado Department of Transportation (CDOT) for status as a DBE. Application shall be made on forms provided by CDOT for certification of DBEs. However, only work contracted or subcontracted to DBEs that also qualify as UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the DBE applicant's responsibility to submit applications so that CDOT has sufficient time to render decisions. CDOT will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will make available a list of DBE contractors, consultants, vendors and suppliers for the purpose of providing a reference source to assist any consultant in identifying DBEs and UDBEs. Consultants will be solely responsible for verifying the Certification of UDBEs they intend to use prior to submitting a Statement of Interest (SOL) The DBE list is available at: http://www.dot.state.co.us/app_ucp/ 4 2. Selection of UDBEs by Consultant: A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any portion of the work. 3. Requirements A. The use of UDBEs is an evaluation factor for consultant selection under Section 24-30-1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal. B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the UDBE goal for the project. C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit. The consultant must submit all UDBE participation commitments on either CDOT Form #1330 (for NPS Contracts) or CDOT Form #1331 (for PS Contracts) with their SOI in order to receive the corresponding evaluation points. D. The selected consultant must use the UDBE firms named (if any) on CDOT Form #1330 or #1331 in the Statement of Interest for the items of work described. The replacement of a named UDBE firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. Failure to comply may constitute grounds for default and termination of the Contract. E. Consultant's UDBE Obligation. 1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects advertised by the Department agrees to ensure that UDBEs, as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts. The prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the selection and bidding process or the performance of contracts. 2. To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project, as described in F(4) below. F. Counting UDBE Participation Toward Goals 1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total dollar amount of the contract awarded to the firm shall be counted toward the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE firm shall be reported to the Department in the Consultant's Cost Proposal. 3. The eligibility of a proposed UDBE subconsultant will be finally established based on the firm's status at the time the contract is signed. If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the UDBE performing any work, then 100% of the work performed by the firm under that contract may be claimed as eligible work. No work performed by a UDBE firm can be counted toward UDBE participation prior to the firm receiving certification as a DBE. 5 4. The Consultant may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A UDBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a UDBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the UDBE, industry practices, and other relevant factors. 5. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE subcontracts over 51 % of the work of the Contract the UDBE shall be presumed not to be performing a commercially useful function. The UDBE may present evidence to rebut this presumption to the Department. 6. The Consultant may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers specifically for use on the project, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. a. The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if the purchased items are to be used on the project. A UDBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Consultant. The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the UDBE supplier performs a commercially useful function in the supply process. A supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. c. The Consultant may count toward its UDBE goal the following expenditures to UDBE firms that are not manufacturers or suppliers: 1. The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 2. The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. RE 4. Determination of goal achievement To determine the goals achieved under this Contract, the UDBE participation shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Consultant shall maintain records of payment that show amounts paid to all UDBEs and DBEs. The Consultant shall submit a CDOT Form #1313 with each billing/invoice to the Department listing all subconsultants (including UDBEs and other DBEs) that participated in this Contract and the dollar amount paid to each. The Consultant shall certify the amount paid, which may be audited by the Department. When the participation by UDBEs is less than the Consultant committed to the Department, the Consultant shall submit a statement to CDOT along with the CDOT Form #1313 that indicates the amount of participation and gives reasons why it was different from the Consultant's SOI commitment. 5. Replacement of UDBEs used to meet the contract goal A. Based upon a showing of good cause the Consultant may request that a UDBE named in the Consultant's Statement of Interest be replaced with another UDBE pursuant to the terms and conditions of this special provision. Replacements will be allowed only with prior written approval of the Department. B. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Consultant shall furnish to the Department the following: Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Consultant. 2. A full written disclosure of the circumstances making it impossible for the Consultant to comply with the condition of award. 3. Documentation of the Consultant's assistance to the UDBE named in the Consultant's Statement of Interest. 4. Copies of any pertinent correspondence and documented verbal communications between the Consultant and the named UDBE. 5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the results of the efforts. It is within the control of the Consultant to locate, prior to award, UDBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Consultant shall furnish to the Department the following: Documentation that the subject UDBE did not perform in a satisfactory manner. 2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in default. 3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Consultant. 4. Copy of the contract between the Consultant and the UDBE, plus any modifications thereto. 6. Sanctions A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to participate in the performance of the work. B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. D. A finding by the Department that the Consultant has failed to comply with the terms and conditions of these DBE definitions and requirements may constitute sufficient grounds for default and termination of the Contract. N. y- Y VAYeh and Associates, Inc. Consulting Engineers & Scientists February 4, 2010 Mr. Jason Wenger, P.E. HDR 303 17th Street, Suite 700 Denver, CO 80203 Re: Geotechnical Engineering and Pavement Design Services Linden Street in Fort Collins Dear Mr. Wenger: Yeh & Associates, Inc. is pleased to be a part of the HDR team to submit a Statement of Interest to the City of Ft. Collins for the above referenced project. The company is a pre -qualified consulting firm with CDOT in geotechnical, geological and materials engineering disciplines and a DBE/MBE firm. The firm was established in 1999 to provide geotechnical, geological and material engineering and testing services. Currently, the firm has four offices located in Denver, Lakewood, Durango and Glenwood Springs. All our offices have a material testing laboratory and our Denver Laboratory is AASHTO accredited. We are confident that our geotechnical and geological expertise and knowledge of transportation engineering and pavement design will provide additional strength to the team's capability in providing the city the best possible engineering services. If we can be of further assistance, please contact me at 303 781-9590. Sincerely, YEH AND ASSOCIATES, INC. Shan-Tai Yeh, P.E. President cc: File 2009-P170 5700 East Evans Avenue, Denver, CO 80222, (303) 781-9590, Fax (303) 781-9583 12477 West Cedar Drive, Lakewood, CO 80228, (303) 781 -9590Fax (303) 781-9583 170 Mel Ray Road, Glenwood Springs, CO 81601, (970) 384-1506, Fax ( 9 7 0 ) 3 8 4 - 1 5 0 1 570 Turner Drive, Suite D, Durango, CO 81303, (970) 382-9590, Fax (970) 382-9583 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Amendment 54. To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 204.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 1. COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR CMS N, 16938 Anticipated Location(s): Project 9: Sheet: PROJECT SPECIFIC (PS) STE M455-093 1 of 4 Contract DBE Goal: Will Your DBE % Meet The Goal (box C)? CONSULTANT CONTRACTS 11.25 % ® YES ❑ No Instructions For Prime Consultant: • An officer of the copsultant must complete and submit an original copy of this form as part of the Commendation Section of your PS contract Statement Of Interest (SOI), • Submit a separate COOT Form #1331 for each proposed DBE. • Attach a signed Letter of Acceptance and copy of DOE certificate from each DBE firm, • Retain a photocopy for your records. (NOTE: See 49 CFR part 26.55, and the DBE Definitions and Requirements section of the contract, for further information concerning counting DOE participation toward the contract's DOE goal.) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY DBE SUBCONSULTANT Yeh & Associates Geotechnical and Materials Engineering n� REQUIRED ATTACHMENTS: ®Letter of Acceptance ®OBE certificate ,%'\\ 1 A) What percentage of the overall contract is this proposed subcontract supplylvendbr'contract. Oil, servicethroker contract? �rt ° A> 3.9 �° NOTE: Calculate % based on actual subcontractor dollars and not prime contirac6rices,On rep % amounts that are eligible for counting toward the contract goal (See DBE DefinRtons,and Requiiements;in contract). B) What is the total percentage value of�propos 1d DBE parti at�;from prior sheets/forms? B> NA % C) What is the accumulative percentage.value•of'the overall contract that is committed to DBEs? �; C=[A + B] C> 3.90/0 • my company has accepted a proposal from the DBE subconsultant named above, • my company has notified the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached). my company's use of the proposed DBE subconsultant for the items of work listed above is a condition of the contract award. • my company will not use.a substitute DBE subconsultant for the proposed DBE subconsultant's failure to perform under a fully executed subcontract, unless my company complies with the DBE Definitions and Requirements section of the contract. • In addition, if my company does not meet the intended DBE goal for this contract and is unableto document adequate -good faith efforts, I understand that my company will receive a poor contract performance rating from CDOT, which will negatively impact the scoring of our Statements Of Interest (S01) on future CDOT contracts. 1 declare under penalty of perjury In the second degree, and any other applicable state or federal laws, that the statements. made on this document are true and complete tothe best of my knowledge. COMPANY NAME: DATE: HDR Engineering; InC . 2 / 4 / 10 COMPANY OFFICER SIGNATURE: TITLE: Vice President CDOT Form 1331 1i05 Pmvon Environmental Engineering Resources,,,r February 3, 2010 Mr. Jason Wenger, P.E. Project Manager HDR, Inc. 303 East 17th Avenue, Suite 700 Denver, CO 80203 Re: 7077 Linden Street Streetscape Project Dear Mr. Wenger: 9600 W.lewell Ave., Suite 1 Lakewood, Colorado 80232 303.980.5200 1.888.641.7337 303.980.0089 fax www.Pinyon-Env.com Pinyon Environmental Engineering Resources, Inc. (Pinyon) is pleased to be part of the HDR team to provide environmental services for this contract. Pinyon offers you extensive experience with transportation projects, including environmental clearance experience includes wetlands, endangered species, permitting, FHWA Section 4(f), Section 106, and hazardous materials assessments. Pinyon also has extensive experience in erosion control and stormwater management plans, in accordance with CDPHE, CDOT and local municipality regulations. Pinyon is a state -certified DBE; our certification is attached. We look forward to the opportunity to work with your exceptional team to support this project Sincerely, PINYON ENVIRONMENTAL ENGINEERING RESOURCES, INC. Lauren E. Evans, P.E. President CADocuments and Settings\thomas\My Documents\Pinyon\Linden Fort Collins SW\Pinyon Letter_HDR.wpd Business Ethics Award Winner Honesty -Ethics - Community COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR PROJECT SPECIFIC (PS) CONSULTANT CONTRACTS CMS #: 16938 Anticipated Location(s): Project M STE M455-093 Sheet: 2 of 4 Contract DBE Goal: 11.25 % Will Your DBE % Meet The Goal (box C)? 1 ® YES ❑ No Instructions For Prime Consultant: • An officer of the consultant must complete and submit an original copy of this form as part of the Commendation Section of your PS contract Statement Of Interest (SOI), • Submit a separate CDOT Form #1331 for each proposed DBE. • Attach a signed Leiter of Acceptance and copy of DBE certificate from each DBE firm. • Retain a photocopy for your records. (NOTE: See 49 CFR part 26.55, and the DBE Derrnitions and Requirements section of the contract, for further information concerning counting DBE participation toward the contract's DBE goal.) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY DBE SUBCONSULTANT Pinyon Environmental Environmental Permitting a REQUIRED ATTACHMENTS: ®Letter of Acceptance ®DBE cert/ificate 1. A) What percentage of the overall contract is this proposed subcontract, suppiy/vendor'contract ORS servicethroker contract?„, ° C. •_X 1�,. A> 3.7 /o NOTE: Calculate % based on actual subcontractor dollars and not prime-cont ract prrceS. Only iepon % amounts that are eligible for counting toward the contract goal (See DBE Definiilons.emdnis-in "ntract). � t ,ram` B) What is the total percentage value of proposed DBE pa path on;from prior sheetsfforms? B> 3.9 C) What is the accumulative percentage'.value,ofthe overall contract that is committed to DBEs? C> 7.6 % C=IA + BI I certify that: • my company has accepted a proposal from the DBE subconsultant named above. • my company has notified the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached). • my company's use of the proposed DBE subconsultant for the items of work listed above is a condition of the contract award. • my company will not use.a substitute OBE subconsultant for the proposed DBE subconsultant's failure to perform under a fully executed -subcontract. unless my. company. complies with the OBE Derrnitions and Requkements_section of the contract. • In addition, if my,company does not meet. the intended DBE goal for this contract and 1s unable to document. adequate. good faith efforts, I understand that my company will receive a poor contract performance rating from COOT, which will negatively, impact the scoring of our Statements Of Interest (SOI) on future COOT contracts. I declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements. made on this document are true and complete to the best of my knowledge. COMPANY NAME: DATE: HDR Engineering,Inc. 2 4 10 COMPANY OFFICER SIGNATURE: TITLE: Vice President CDOT Form 1331 1105 CLAN.TI r GATES LIGHTING DESIGN AND ENGINEERING February 4, 2010 Jason Wenger, PE HDR 303 East 17th Avenue, Suite 700 Denver, CO 80203-1256 RE: City of Fort Collins Linden Street Streetscapes Project Dear Jason, Thank you for including Clanton and Associates, Inc. on your team for this project. We will be pleased to support the team with professional services for lighting design for the duration of the project. Clanton and Associates has been in business for 29 years, providing lighting design for a broad variety of projects including multiple lighting designs for roadway and transportation related projects. We are certified by the State of Colorado as a Disadvantage Business Enterprise. Sincerely, Nancy Clanton, PE President 4699 Nautilus Ct. So. #102 Boulder, CO 80301 303-530-7229 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR PROJECT SPECIFIC (PS) CONSULTANT CONTRACTS CMS #: 16938 Anticipated Location(s): Pro1ect #: STE M455-093 sheet: 3 of 4 ContractlDBE l5/° Goal: ° Will Your DBE °f° Meet The Goal (box C)? ® YES ❑ NO Instructions For Prime Consultant: • An officer of the consultant must complete and submit an original copy of this form as part of the Commendation Section of your PS contract Statement Of Interest (SOI), • Submit a separate CDOT Form #1331 for each proposed DBE. • Attach a signed Letter of Acceptance and copy of DBE certificate from each DBE firm. • Retain a photocopy for your records. (NOTE: See 49 CFR part 26.55, and the DBE Definitions and Requiroments section of the contract, for further information concerning counting DBE participation toward the contract's DBE goat_) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY OBE SUBCONSULTANT Clanton & Associates Site Lighting REQUIRED ATTACHMENTS: ®Letter of Acceptance ®DBE certificate A) What percentage of the overall contract is this proposed subcontract, supplylvendor%cont `ract, ORS serviceibroker contract? ,� rep A> 9 NOTE: Calmlate % based on actual subcontractor dollars and not prime contrdct'price�Oriy %amounts that are eli ibte for counting toward the contract goal (See DBE contract). B) What is the total percentage value of proposed DBE parttctpatton,from prior sheets/forms? B> 7.6 What is (per nta_gesvalu4�of the C) the accumulate overall contract that is committed to DBEs? I certify that: • my company has accepted a proposal from the DBE subconsultant named above: • my company has notified the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached). my company's use of the proposed DBE subconsultant for the items of work listed above is,a condition of the contract award. my company will not use.a substitute DBE subconsultant for the proposed DBE subconsultant's failure to perform under a fully executed subcontract, unless my company complies with the DBE Definitions and Requirements section of the contract. • In addition, if my company does not meet the intended DBE goal for this contract and is unable to document adequate.good faith efforts, I understand that my company will receive a poor contract performance rating from CDOT, which will negatively impact the scoring of our Statements Of Interest (S01) on future COOT contracts. 1 declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this document are true and complete to the best of my knowledge. COMPANY NAME: HDR Engineering, Inc . DATE: 2/4 10, COMPANY OFFICER SIGNATURE: flAlgatz TITLE: Vice President CDOT Form 1331 11o5 GOODBEE & ASSOCIATES, INC. 13909 E Maplewood Place Centennial, CO 80111 www.goodbeeassoc.com February 4, 2010 Jason Wenger, P.E. HDR 303 East 17th Avenue, Suite 700 1 Denver, CO 1 80203-1256 Re: Linden Street Project Dear Mr. Wenger: Goodbee & Associates, Inc is pleased to be working with HDR on the Linden Street Project in Fort Collins. Our firm is a small, woman -owned business (CDOT, RTD and City and County of Denver certified DBE, WBE and ESB), with an extensive background in developing and implementing utility coordination programs for transportation and environmental projects throughout the Front Range. Goodbee has worked on numerous transportation projects over the past 16 years providing utility coordination services, and we are pleased to have the opportunity to work with HDR and the City of Fort Collins on this project as well. In addition to our extensive CDOT and municipality experience, we are currently working on all RTD FasTracks corridors in Denver as well. We are committed to making our resources available for this project immediately, and will be providing utility coordination as needed. We are confident that our experience and knowledge will support your successful project. Sincerely, Goodbee & Associates, Inc. 6�" -60�4� �;Jw W Lisa A. Goodbee, P.E. President COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR PROJECT SPECIFIC (PS) CONSULTANT CONTRACTS CMS #: 16938 Anticipated Location(s): Project #: STE M455-093 Sheet: 4, of 4 Contract DBE Goal: 11.25% Will Your DBE % Meet The Goal (box C)? ® YES ❑ NO Instructions For Prime Consultant: • An officer of the consultant must complete and submit an original copy.of this form as part of the Commendation Section of your PS contract Statement Of Interest (SOI). • Submit a separate COOT Form #1331 for each proposed DBE. • Attach a signed Letter of Acceptance and copy of OBE certificate from each DBE firm. • Retain a photocopy for your records. (NOTE: See 49 CFR part 26.55, and the OBE Definitions and Requirements section of the contract, for further information concerning counting DBE participation toward the contract's DBE goal.) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY DBE SUBCONSULTANT Goodbee & Associates Utility Support REQUIRED ATTACHMENTS: ® Letter of Acceptance ® DBE certificate / l ✓ F A) What percentage of the overall contract is this proposed subcontract, supply.* endor'co4ractt Of$- serviceibroker contract? L A> 3.6 /o NOTE: Calculate °�4, based on actual subcontractor dollars and not prime contract prices. Only report °� amounts that are eligible for counting toward the contract goal (See DBE Dofrnitlons;and Rsqutramo►its in ontract). B) What is the total percentage value �of�pro�posed OBEpa paa Uon Wom prior sheetstforms? B> 11.5 C) What is the accumula ve percentage-.valuo,of the overall contract that is committed to DBEs? 0/0 C> 15.1 • my company has accepted a proposal from the DBE subconsultant named above: • my company has notified the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached). • my company's use of the proposed DBE subconsultant for the items of work listed above is a condition of the contract award. • my company will not.use.a substitute DBE subconsultant for the proposed DBE subconsultant's failure to perform under a fully executed subcontract, unless my company complies with the OBE Dernifions and Requirements section of the contract, • In addition,'if my,company does not meet the intended DBE goal for this contract and is unable to document adequate good faith efforts, I understand that my company will receive a poor contract performance rating from CDOT, which will negatively impact the scoring of our Statements Of Interest (S01) on future CDOT contracts. I declare under penalty of perjury in the.second degree, and any other applicable state or federal laws, that the statements. made on this document are true and complete to the best of my knowledge. COMPANY NAME: HDR Engineering -,Inc. DATE: 2 / 4 / 10 COMPANY OFFICER SIGNATURE: TITLE: Vice President COOT Form 1331 I= 19. 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 nine (9) pages, attached hereto and incorporated herein by this reference and Form 1331 submissions from Yeh and Associates, Pinyon Environmental Engineering Resources, Clanton and Associates and Goodbee and Associates consisting of eight (8) pages, attached hereto and incorporated herein by this reference. 7 ATTEST: City Clerk APP Assi nt ATTEST: Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By: C?�01AXLQQ`-Q me B. O'Neill II, CPPO, FNIGP Director o P rchasing & Risk Management DATE: 7 _ l Ll I D HDR Engineering, Inc. By: Title CO Date: 2 11 ( u t ,6 (Corporate Seal) =NT t-j Feb. 9. 2010 3:35PM No.0288 P. 2 CERTIFICATE The undersigned hereby certifies that he is the Secretary of HDR Engineering, Inc,, a Nebraska corporation, and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated January 1, 2010, the following resolution was unanimously adopted: "RESOLVED, than effective immediately and until June 20, 2010, or un# l terrhinatioh. of said individual from the Corporation, or until recision by the Corporation's. Board. of Directors, whichever occurs, first, the following individuals are hereby granted the horidelegable authority to execute or approve on behalf of the Corporation,: contracts for" engineering services and architectural services incidental to engineering services to be rendered by the Corporation, ... , or releases of claim or lien in connection with such services, such contracts or releases so executed or approved shall be binding upon the corporation: ... R. Bradley Martin —Vice President ...1 The undersigned further certifies that the foregoing resolution has been spread in full upon the minute books of the Corporation and is in full force and effect. DATED i , - k 2010. RORATE S M.. Louis J. Pachman, Secretary T. ��'�4RA GOf' ��