HomeMy WebLinkAbout214608 PBS&J - CONTRACT - RFP - 7100 JEFFERSON STREET ALTERNATIVES ANALYSIS PROJECTPROFESSIONAL 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 PBS & J 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 thirteen (13) 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 January 21, 2011, 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:
Standard Professional Services Agreement- rev03/10
Task 0: Project Management
Billings, progress reports, and schedule updates will be provided on a monthly basis.
Management activities also include coordination, oversight of sub consultant staff, contracts,
and submittals. Management of other tasks is included in the specific work element.
Coordination of elements with City Staff, CDOT Staff, and other key stakeholders will be
provided as defined by this scope of work. The overall project organization will consist of
different types of communication as described below:
■ City Project Manager and Consultant Project Manager — The project managers
will be the key contacts for day-to-day management of the project. E-mail and
phone communication will be used for day-to-day management and
coordination of the work elements.
Project Management Team (PMT) — The PMT will include the City project
manager, the CDOT local agency engineer, staff member from DDA, and the
consultant project manager. PMT meetings will be used as working sessions to
maximize team decision -making. Specific discipline representatives and
consultant team members will be invited to PMT meetings, as needed. One
PMT meeting per month is included (10 meetings).
Technical Advisory Committee (TAC) — The TAC will ensure adherence to
various federal, state, or local directives, regulations, or procedures and provide
technical expertise. TAC members will include staff from different City and State
departments (e.g. Transfort and traffic staff), as well as the NFR MPO. The
consultant will work with the City's project manager to identify members of the
TAC. It is anticipated that the TAC will meet every -other month (5 meetings) or
at key decision points, to advise and guide the PMT on key decisions. TAC
meeting topics are anticipated to include:
- Goals and vision
- Land use and future traffic assumptions
- Evaluation criteria
- Alternative packages
- Preferred alternative and implementation plan
Executive Oversight Committee (EOC) — The EOC will provide input on key
decisions throughout the project. This committee is composed of executive
leadership from all of the agencies involved in the PMT. The EOC will meet at
least four (4) times during the project, or more, as needed, if other key
decisions arise. Meetings will be led by an independent facilitator. EOC meeting
topics/agreement points are anticipated to include:
- Goals and objectives
- Data assumptions and evaluation criteria
- Alternative packages
- Preferred alternative and implementation plan
Project Kick-off Meeting
A kick-off meeting will be held with the PMT and the TAC as soon as possible after notice to
proceed. The purpose of the kick-off meeting will be to introduce the project, and begin to
discuss project goals, scope, opportunities, and constraints. During the meeting, a walkability
and cycling audit of the Jefferson Street Corridor will be conducted. Following the audit, the
group will meet to discuss pertinent issues for pedestrians and cyclists along the corridor. The
meeting will also establish a master timeline for the project, including the public involvement
process. The consultant will prepare a draft schedule with input from the City as a discussion
tool.
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Logistics for all Meetings
It is assumed that meetings will take place at the City offices and will be combined with other
project activities to the extent feasible. The consultant will be responsible for preparing meeting
materials/exhibits and participating in the meetings,
The City will schedule all meetings and prepare/distribute meeting summaries or minutes to
record the discussions (including decisions and action items).
Deliverables: Project schedule; meeting materials and/or exhibits.
Task 1: Establish decision process and communication protocols
Objective: Because there are several agencies involved in this project, the consultant will be
called upon to assist in establishing clear decision making and dispute resolution processes at
the outset of the project.
Description: This project involves several agencies and stakeholders working together to
achieve the project goals and objectives. The consultant, working closely with the City, shall
begin this task by preparing a draft project management plan that includes project procedures
for review and comment. The procedures shall include:
■ Task Group structure (see Task 0)
■ Communication protocols
■ Decision process
■ Quality assurance/quality control procedures
■ Refined critical path of key decisions throughout the life of the project
The City and project partners will review and comment on the proposed procedures. The
consultant will then complete a brief document that establishes the above procedures that will
govern the execution of the project.
Deliverable(s): A draft and final version of the project management plan.
Task 2: Refine Jefferson Street project purpose, objectives and goals
Objective: Assist the project partners to refine the Jefferson Street Improvement Project
purpose, objectives and goals. Contained within this higher level project definition should be
specific objectives and goals for a safe and efficient high capacity transportation facility,
decreased emissions, increased pedestrian safety and enhanced economic development within
the corridor.
Description: Currently these elements are implied in previous studies, but have not been
developed in agreement by all participating agencies. This task will review existing documents
and propose a refined project purpose, objectives and goals for the larger Jefferson Street
Improvement Project. It will be important for the consultant to work closely with participating
agencies to prepare these definitions and obtain consensus of the group. As part of this task,
the consultant will work with the project partners to identify key challenges and possibly
competing interests to determine the goals and objectives that best reflect the desires of this
corridor and the region.
The City will review previous studies and summarize the purpose, objectives, and goals of each
study that will be used in the development of the project purpose, objectives, and goals for
Jefferson Street. During the development of the purpose, objectives, and goals, and integrated
issues and opportunities assessment of the corridor will be developed. This multidiscipline
contextual assessment will assist in analyzing existing and forecasted multimodal circulation
and land use that will be used to create criteria to screen recommendations for future
improvements.
Deliverable(s): Technical memorandum 1: Jefferson Street Corridor project purpose, objectives
and goals.
Task 3: Stakeholder coordination and public involvement
Objective: Conduct a comprehensive public involvement program designed to engage key
stakeholders, policy makers, and the public in the planning process and seek comment and
input on the key tasks contained in the scope of work throughout the life of the project.
Description: The City will develop and implement a public involvement process and conduct
stakeholder coordination. The process will include potentially affected interests such as multiple
City departments, City's Transportation Board, City Council, the Colorado Department of
Transportation, Federal Highway Administration, area property/business owners, neighborhood
groups, North Fort Collins Business Association, Downtown Development Authority, Downtown
Business Association, bicycle/pedestrian advocacy groups, trucking industry representatives,
and Union Pacific railroad representatives. The consultant will also coordinate with planned and
ongoing projects within the Downtown River District.
Agency Coordination
The consultant will facilitate coordination between the City and CDOT, including CDOT specialty
departments. In addition, coordination with City departments and adjacent projects will be
completed on an individual basis. Up to three (3) meetings are included in this scope of work for
agency coordination.
Stakeholder Coordination
The consultant will facilitate coordination between the City and various interested stakeholders,
including but not limited to neighborhood groups, North Fort Collins Business Association,
Downtown Development Authority, Downtown Business Association, bicycle/pedestrian
advocacy groups, trucking industry representatives, and Union Pacific railroad representatives.
Up to six (6) meetings are included in this scope of work for stakeholder coordination.
Property Owner Meetings
It is anticipated that one-on-one coordination will be needed with affected business/property
owners to determine the impacts and mitigation measures needed at each property. Upon
initiation of the project, the consultant project manager and the City project manager will visit all
business/property owners along the corridor to introduce them to the project. Following these
initial visits, the project managers will set up a monthly meeting time (2 hours) for
business/property owners to drop in with questions and concerns related to the project. The
meetings will be scheduled in combination with other project team meetings in the area if
possible.
Public Meetings
The consultant will participate in two (2) public meetings to actively engage the corridor property
owners, tenants, and general public in the process. These meetings are assumed to be in
combination with adjacent City projects, to eliminate confusion for the public between separate
actions. The first meeting is assumed to be following the agreement on project purpose,
objectives, and goals. The second meeting will be at the conclusion of the project, to provide
information on the selected preferred alternative and implementation plan. There will be
additional opportunity for public input during the project, see Task 8.1: Alternative Development
Workshop.
The consultant will prepare meeting exhibits (8-10 large format display boards mounted on foam
core per meeting), handouts, comment sheets, and meeting summaries. In addition, the
consultant will prepare and facilitate press releases and media materials prior to each public
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meeting (including the alternative development workshop).
The City will maintain the contact list of property owners and tenants, prepare meeting notices
and distribute mailings, obtain meeting spaces, and provide refreshments at public meetings.
City Council and Board Meetings
The consultant will assist the City in presenting the project to the City Council. It is assumed that
there will be two (2) presentations to the Council and to the DDA Board (beginning and end of
the project). City and DDA staff will provide updates to the Boards and Commissions, including
the Transportation Board, Planning & Zoning Board, and DDA Board.
Deliverable(s): Consultant tasks to support the City's public and stakeholder involvement
process include:
■ Preparation of presentation materials including graphics production/reproduction
■ Development of press releases/media materials
■ Facilitation at property owner meetings
■ Facilitation at public meetings
Task 4: Document existing conditions in the Jefferson Street Corridor and
define the relationship to the existing transportation Network
Objective: Summarize the Jefferson Street existing conditions including the analysis of the
relationship of the corridor in the overall context of the City's transportation system and to the
surrounding transportation network within the downtown area.
Description: Plans and studies have been conducted, or are ongoing, that either directly or
indirectly affects the Jefferson Street corridor and how it will develop over time. The selected
consultant will review these documents and conditions and summarize the most critical
elements impacting the Jefferson Street corridor. This summary will include the strengths,
weaknesses, and future challenges as judged by the consultant that may positively or negatively
affect the ability of the jurisdictions to implement the project purpose, objectives, and goals, and
have important input to the remaining tasks. The outcome will also identify inconsistencies that
may arise and a plan to resolve those that are necessary to the completion of this project.
Socially relevant factors like historical landmarks, recreational areas (Jefferson Street Park),
and archaeological sites (the Old Fort Collins) will be identified. A complete investigation and
inventory of utilities, including Fort Collins water, storm, and sanitary systems, will be
completed. Proposed impacts to these elements will be considered in balance with the mobility
characteristics and needs of the corridor.
The physical and regulatory assessment of the existing and adopted conditions will provide an
understanding of the land use context in the corridor. Using this information, we will recommend
needed land use changes/local policy modifications, and parking availability/needs assessment.
In addition, an evaluation of parcel stability and development opportunities will be completed.
The Jefferson Street corridor, as it relates to this project, is roughly described as between the
Mountain Avenue/Lincoln Avenue/Riverside Avenue intersection and College Avenue. This
corridor is approximately .4 miles long and passes through a developed urbanized area
consisting of heavy and light commercial, office, and residential uses. The corridor also serves
as State Highway 14 and is part of the main truck route through Fort Collins. The corridor needs
to be analyzed to define its relationship to the surrounding transportation network and to identify
potential impacts as a result of operational changes to Jefferson Street and intersection
designs, both inside and outside of the right-of-way.
Following the development of the contextual assessment, our team will work with the PMT and
TAC to determine evaluation criteria that will be agreed upon by the EOC. The criteria will
include agreed upon standards for traffic flow, access, parking, trip distribution, and multimodal
transportation development within the Jefferson Street Corridor.
The City will document and compile the following data for the project area:
■ Topographic survey
■ Aerial maps
■ 24—hour traffic counts and peak hour turning movement counts at signalized
intersections
■ Traffic signal timing data
■ Property information, including property ownership, property line information and
current tenants
■ Historical and landmark information
■ Archeological resource information
■ Utility locations
■ Crash statistic history
■ Identification of pedestrian and bicycle conflicts along the corridor
■ NFR MPO model inputs and land use assumptions
Traffic analysis will be conducted using Synchro 7 software to establish existing conditions,
service levels, corridor, and intersection delays and to provide a base condition from which all
future design alternatives will be compared. Volumes will be obtained from the NFR MPO model
that will be received from the City. Special attention will be given to the needs of transit,
pedestrians, and cyclists to ensure all modes are fully accommodated and evaluated.
The consultant will conduct the following activities:
■ Produce mapping based on information provided by City of Fort Collins.
■ Conduct follow-up with utility companies to gather and document updated
information.
■ Provide assistance with the identification and assessment of historic and
archeological resources (records search only).
Deliverable(s): Technical memorandum 2: Jefferson Street Corridor summary of existing
conditions and definition of the corridor.
Task 5: Update current and projected traffic conditions and conduct traffic
analysis
Objective: Prepare the most current traffic counts and demographic data. Forecast the most
likely and reasonable future traffic conditions through the Jefferson Street corridor both
practically and for use in the future travel demand models.
Determine how traffic will function both in the short term and long term along a corridor
presently dominated by autos and trucks. The goal is to create a transportation system that
accommodates all modes.
Description: Coordination to measure the most current and reasonable traffic data in order to
best determine future traffic along the Jefferson Street corridor. The City will provide the
consultant with the following data:
■ Hourly traffic counts over a 24-hour period
• Traffic counts extending one-half (1/2) mile beyond the eastern (Jefferson
Street/Lincoln Avenue/Riverside Avenue intersection) and western (College
Avenue) project limits and one -quarter (1/4) mile beyond the western project
limit on Mountain Avenue, and eastern project limit on Lincoln Avenue.
■ Turning movements at major intersections, pedestrian and bicycle counts, and
truck volumes.
■ Existing and future Level of Service determination for both vehicle and transit
use.
■ Current and future rail operations.
The consultant shall perform the following:
■ Coordination between the NFR MPO, City of Fort Collins, DDA and CDOT for
general land use and transportation plans affecting the Jefferson Street
corridor.
■ Verification and update of demographics and associated Transportation Analysis
Zone's having a direct affect on the corridor.
■ Research and summary of national best practices regarding the use of innovative
intersection design concepts (including roundabouts) located within an urban
area, along a designated truck route and similar proximity to an active rail line.
■ Analysis of traffic operations at the intersections and along the corridor to
determine the capacity of the existing intersections and to determine the
operational needs of the traffic system to accommodate 2020 (interim) and
2035 (future) traffic conditions. Full analysis will be conducted on up to three (3)
design alternatives.
• Preparation of a summary of the traffic analysis data and results, which balances
the accommodation of the forecasted traffic and pedestrian/bicycle movements
for each intersection.
■ Develop a sound set of evaluation criteria that facilitate the final evaluation of
corridor alternatives.
Deliverable(s): Technical Memorandum 3: Jefferson Street Traffic Conditions; Technical
Memorandum 4: Jefferson Street Corridor Traffic Analysis; Technical memorandum 5: Jefferson
Street Corridor evaluation criteria.
Task 6: Evaluate and recommend specific applications to traffic operations
Objective: Evaluate various transportation system applications for use in the corridor to support
traffic operations, safety, and mobility, and to recommend specific applications to enhance
overall movement of people in the corridor. Recommendations should relate to the
improvements included in the Preferred Alternative package, and to the schedule proposed in
the Implementation Plan (described in Task 10).
Description: Evaluate and recommend transportation system applications to support the
movement of vehicles and people in the corridor safely and efficiently. Possible categories of
technologies to be considered include, but are not limited to:
■ Signal system applications to support vehicle traffic and pedestrian movements,
and transit operations
■ Intelligent Transportation System (ITS) applications
■ Traveler information
■ Operations management
■ Safety enhancements
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Deliverable(s): Technical memorandum 6: Recommended transportation system applications
Task 7: Alternatives Development
Objective: The principal goal of the project planning approach is to ensure successful, cost
effective and implementable improvements for the City of Fort Collins, DDA and CDOT. This will
be accomplished by focusing on the following key objectives:
■ Provide a focused examination of service and facility options that result in a short
list of alternatives.
■ Refine alternatives with informed and collaborative decision making throughout
the process.
■ Guide and support all major project tasks with a focused set of transportation
strategies, including appropriate interpretation of information and data that can
be used by various disciplines.
■ Coordinate project activities and responsibilities with the City, DDA, CDOT,
Trucking Industry, and Union Pacific railroad.
Description: The Alternatives Analysis will serve as an overarching mechanism for alternatives
development and evaluation activities. First and foremost, the, Alternatives Analysis should
provide a concise, coherent story that makes a compelling case for recommended
improvements. The story must be grounded in sound analysis and supported by defensible
analytical data. The project team should employ the fundamental steps for alternative
development, but with full consideration of previous planning efforts. The intent is to minimize
rework but follow the sequence by identifying all reasonable alternatives.
Task 7.1 — Alternative Development Workshop
The consultant will prepare for and facilitate an alternative development workshop including
participation of a core team of stakeholders and potential partners. The purpose of the
workshop will be to explore and document a full range of possible transportation improvement
concepts including a no -build and transportation demand management/transportation system
management (TDM/TSM) option. Workshop participants will be engaged to help craft a range of
strategies for traffic flow, access, parking, trip distribution, and multimodal transportation
development within the Jefferson Street corridor. Case studies from other locations with similar
operating conditions should be provided. A preliminary screening process will be undertaken as
part of the workshop to eliminate alternatives with fatal flaws. Agreed upon criteria will be
established by workshop participants to facilitate this screening step.
This workshop will be the centerpiece for developing the Jefferson Street Corridor. During the
workshop, the consultant will use design sessions to encourage stakeholders, designers,
engineers, and the public to share experiences, ideas, and expertise to develop a wide range of
design and planning alternatives. Workshop participants will be able to determine how proposed
alternatives will address their concern and allow them to provide input on their priorities.
The workshop will include times that the public will be welcome to attend and receive individual
attention to discuss their unique questions and concerns, and provide input. Interested
stakeholders and the public will be encouraged and welcomed to work with project designers in
this open house format. One (1) full day workshop is assumed.
Deliverable: Alternative Development Workshop summary report
Task 7.2 — Develop Alternative Packages & Strategies
Alternative concepts advanced from the alternative development workshop will be analyzed
using the evaluation criteria previously established, and will then organized into packages for
further consideration. The consultant will assemble packages to contrast strategies based on a
common variable. For example, packages could be organized by:
■ Air Quality Improvement (CMAQ)
■ Safety
■ Ability to maintain and attract businesses
■ Ability to maintain traffic flow including trucks
■ Level of access restrictions
■ Investment level
■ Planning horizon
■ Adaptive management phases that include monitoring and performance
indicators
Task 8: Select Preferred Alternative
Objective: Selection of a Preferred Alternative based on the outcome of the alternatives analysis
process and evaluation of traffic information and public input.
Description: Following the conclusion of an extensive alternatives analysis process which
considers several build options as well as a no -build option, the project team will select a
Preferred Alternative which best addresses the project's goals, objectives and purpose and
need. The Preferred Alternative will be advanced to preliminary design and engineering as part
of a future RFP.
Information from the alternatives selection process will be assembled into an Alternatives
Summary Report. The summary will describe the two steps in the alternatives development
process, including preliminary alternative screening and the basis for assembling alternatives
into packages with key themes. The report will also be organized to highlight the mobility, safety
and economic development tradeoffs and relative merits among the alternative concepts.
Deliverable: Preferred Alternative Package and Alternatives Summary Report
Task 9: Prepare implementation plan and finance strategy
Objective: Create a comprehensive phased implementation plan that integrates all elements of
the transportation system and performance targets required to move people, goods, and
services effectively through the corridor over the 2035 regional planning horizon.
Description: This task will incorporate the work from all the previous tasks into an
implementation plan. The implementation schedule will reflect and integrate the work product
from the previous tasks, include a proposed budget and reflect the integration of the
transportation system with the development of the existing and proposed land uses in the
corridor. The implementation plan will identify next steps and additional studies needed to
complete the development of the transportation corridor.
The implementation plan will serve as the guide for all elements of phasing and transportation
funding. In partnership with the PMT, TAC, and EOC, we will establish an alternative that fully
integrates land use, incorporates sustainable solutions, and provides multimodal transportation
that not only serves the needs of bicyclists and pedestrians but also those of the railroad and
motor carriers.
Understanding available funding and potential constraints will be essential. The consultant will
investigate all appropriate opportunities including:
• Fort Collins: CIP and other city department budget options
■ CDOT: FASTER, safety, surface treatment, and mobility
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■ NFR MPO: CMAQ, Enhancement, and STP Metro
■ Grants: Department of Local Affairs (DOLA) and the new program "Partnership
for Sustainable Communities" that combines funding from DOT, HUD, EPA,
ARRA, and local funds
Using this information, the consultant will identify anticipated funding streams by year. This will
most likely require schedule flexibility and compatibility to incorporate the timely pursuit of grants
or submissions for project construction. Coordination will occur with other efforts within the City
during the development of the implementation and finance plan, including updates to the Capital
Improvement Program and the Transportation Master Plan/City Plan Update.
In addition, partnering with other departments and their respective improvements can also save
the community money and unwanted commuter frustration. Future projects following the
Alternatives Analysis Study may need to be adjusted to meet any necessary funding criteria or
constraints. The implementation plan will include funding and phasing strategy as determined. It
will also include short-term improvements and next steps for the project, such as environmental
clearances required.
Deliverable(s): Implementation and finance plan.
11
EXHIBIT B
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Professional: City: With Copy to:
PBS & J City of Fort Collins City of Fort Collins,
Carrie Wallis, P.E., LEED AP Attn: Transportation Planning, Purchasing
4601 DTC Boulevard, Suite 700 Scott Weeks PO Box 580
Denver, CO 80237 PO Box 580 Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and
hold harmless the City, its officers and employees in accordance with Colorado law, from all
damages whatsoever claimed by third parties against the City; and for the City's costs and
reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent
performance of any of the services furnished under this Agreement. The Professional shall
maintain commercial general liability insurance in the amount of $500,000 combined single limits
and errors and omissions insurance in the amount of $1,000,000.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in
accordance with the scope of services attached hereto as Exhibit "C", consisting of four (4) pages,
and incorporated herein by this reference; a fixed fee in the amount of Three Hundred Ninety Four
Thousand Eight Hundred Forty Seven Dollars ($394,847) plus reimbursable direct costs. All such
fees and costs shall not exceed Four Hundred One Thousand Nine Hundred Seventy Five Dollars
Standard Professional Services Agreement- rev03/10
2
EXHIBIT C
FEE SCHEDULE
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EXHIBIT C
FEE SCHEDULE
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EXHIBIT C
FEE SCHEDULE
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EXHIBIT C
FEE SCHEDULE
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EXHIBIT D
ATTACHMENT
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 FFY 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.
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/ap,p ucpl
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)
CIRS. 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 (S01)
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.
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.
(b) The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not
manufacturers, provided that the UDBE supplier performs a commercially useful function
in the supply process. A supplier is a certified firm that owns, operates, or maintains a
store, warehouse, or other establishment in which the materials or supplies required for
the performance of the Contract are bought, kept in stock, and regularly sold to the public
in the usual course of business. To be a supplier the firm must engage in, as its principal
business and in its own name, the purchase and sale of the products in question. A
supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need
not keep such products in stock, if it owns or operates distribution equipment. Brokers
and packagers shall not be regarded as manufacturers or suppliers within the meaning of
this section.
(c) The Consultant may count toward its UDBE goal the following expenditures to UDBE
firms that are not manufacturers or suppliers;
1. The fees or commissions charged for providing a bona fide service, such as
professional, technical, consultant or managerial services and assistance in the
procurement of essential personnel, facilities, equipment, materials or supplies
required for performance of the Contract, provided that the fee or commission is
determined by the Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
2. The fees charged for delivery of materials and supplies required to a job site (but not
the cost of the materials and supplies themselves) when the hauler, trucker, or
delivery service is not also the manufacturer of or a supplier of the materials and
supplies, provided that the fee is determined by the Department to be reasonable
and not excessive as compared with fees customarily allowed for similar services.
3. The fees or commissions charged for providing any bonds or insurance specifically
required for the performance of the Contract, provided that the fee or commission is
determined by the Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
4. Determination of goal achievement
To determine the goals achieved under this Contract, the UDBE participation shall be
divided by the original prime Contract amount and multiplied by 100 to determine the
percentage of performance. The Consultant shall maintain records of payment that
show amounts paid to all UDBEs and DBEs. The Consultant shall submit a CDOT
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:
1. Written permission of the named UDBE. Written permission may be waived
only if such permission cannot be obtained for reasons beyond the control of
the Consultant.
2. A full written disclosure of the circumstances making it impossible for the
Consultant to comply with the condition of award.
3. Documentation of the Consultant's assistance to the UDBE named in the
Consultant's Statement of Interest.
4. Copies of any pertinent correspondence and documented verbal
communications between the Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a replacement UDBE and
the results 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:
1. Documentation that the subject UDBE did not perform in a satisfactory
manner.
2, Documentation of the Consultant's assistance to the UDBE prior to finding
the UDBE in default.
3. A copy of the certified letter finding the UDBE to be in default or a letter from
the UDBE stating that it cannot complete the work and it is turning the work
back to the Consultant.
4. Copy of the contract between the Consultant and the UDBE, plus any
modifications thereto.
6. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to participate in
the performance of the work,
B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent
with the intent of the DBE program, and in substantial compliance with the terms and conditions
of these DBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E)
of these DBE definitions and requirements or operate in a manner which is not consistent with the
intent of the DBE program may be subject to revocation of certification.
D. A finding by the Department that the Consultant has failed to comply with the terms and
conditions of these DBE definitions and requirements may constitute sufficient grounds for default
and termination of the Contract.
EM
($401,975). Monthly partial payments based upon the Professional's billings and itemized
statements of reimbursable direct costs are permissible. The amounts of all such partial payments
shall be based upon the Professional's City -verified progress in completing the services to be
performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct
costs. The parties acknowledge that the sub -contractors Smiley & Co, Ltd., AECOM, Ourston,
David Evans and Associates and Merco 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.
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
Standard Professional Services Agreement- rev03/10
3
ATTACHMENT 3
FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18,
except to the extent that other applicable federal requirements (including the
provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part
18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18
include, without limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner, and to the extent required by, applicable provisions
of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described
in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded
in excess of $10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair).
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees
and subgrantees when required by Federal grant program legislation. This act requires that
all laborers and mechanics employed by contractors or sub -contractors to work on
construction projects financed by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500
for other contracts which involve the employment of mechanics or laborers).
now
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 $ I 00,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
1. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes
state that federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally -assisted programs.
J. 42 USC 6101 et 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). (1f 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
sue).
N. The Age Discrimination Act of 1975, 42 U.S.0
regulation, 45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of
implementing regulation 45 C.F.R. Part 84.
Sections 6101 et. seq. and its implementing
1973, 29 U.S.C. 794, as amended, and
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.
0
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in
interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally assisted programs
of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the "Regulations"), which are herein incorporated by reference and
made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the ground of race, color,
sex, mental or physical handicap or national origin in the selection and retention of
Subcontractors, including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations, including employment practices when the' contract
covers a program set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts Including P� rocurement of Materials and Equipment In all
solicitations either by competitive bidding or negotiation made by the Contractor for work to
be performed under a subcontract, including procurement of materials or equipment, each
potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the
ground of race, color, sex, mental or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information and its facilities as may be
determined by the State or the FHWA to be pertinent to ascertain compliance with such
,Regulations, orders and instructions. Where any information required of the Contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what
efforts have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions
as it or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or;
EM
2. Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A
through F in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The
Contractor will take such action with respect to any subcontract or procurement as the State
or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event the Contractor becomes involved in, or
is threatened with, litigation with a Subcontractor or supplier as a result of such direction,
the Contractor may request the State to enter into such litigation to protect the interest of the
State and in addition, the Contractor may request the FHWA to enter into such litigation to
protect the interests of the United States.
ATTACHMENT LO
Certification for Federal -Aid Contracts
The contractor certifies, by signing this contract, to the best of its knowledge and belief, that;
No Federal appropriated funds have been paid or will be paid, by or on behalf or the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or proposal that lie or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
of
wort Co ins
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF PROPOSED
DBE PARTICIPATION FOR
1 CMS #:
N/A
Anticipated Location(s):
Fort Collins, Co
Pr0ject97100Jeffiersons
Sheet:
PROJECT SPECIFIC {PS)
AltcrnetivesAnahsisProicc
, of ;
CONSULTANT CONTRACTS
Contract DBE Goal:
Will Your DBE % Meet The Goal (box C)?
3 % I
id 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 Or your PS contract
Statement Of Interest (Sol).
• Submit a separate COOT Form #1331 for each proposed DBE.
• Attaoh a signed Letter of Acceptance and copy of DOE certificate from each DBE firm.
• Retain a pholocopy for your records.
(NOTE: See 49 C=R part 20.55, and the DOE Defiritrona and Requirements section of the contract, for farther information concerning counting DOE
participation toward the contract's DBE goal.)
NAME OF DBE SUBCONSULTANT
ITEMS OF WORKTO BE PERFORMED
BY DBE SUBCONSULTANT
Clanton and Associates
Lighting design
REQUIRED ATTACHMENTS: ® Letter of Acceptance DBE certificate
A) What percentage of the overall contract is this proposed subcontract, supplytvendor contract, OR
servicelbroker contract? A? 1 .5
NOTE: Calculate %based on actual subcontractor dollars and not prime prices. Only report "b amounts
that are eligible for counting toward the contract goal (See DBE Def niiorts and Requlrementsin contract).
B) What is the total percentage value of proposed.DBE participation.from prior sheets/forms? B> 8.5 %
C) What is the accumufative.percentage value of the overall contract that is committed to DBEs?
G> 9.5 %
C=(A + Bj
t 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 murk (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 wilt 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 DSE 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 (Sol) 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 d9Cttnnent are true and complete to the best of my knowledge,
COMPANY NAME: I1BS& (
DATE:
2 ! 3 f 2010
COMPANY OFFICER SIGNATURE: . � !rF` )., . _....__
TITLE: District 1)irectar
COOT Form 1331 1105
REALIZING THE VISION Jefferson Street Alternatives Analysis Project
12
City of
oft CO«ins h ;:
1710-MMIMIFIMS
LAC.i('11ING DESIGN ANE.) I'N(.71N1 CR1NC:
January 22, 2010
Carrie Wallis
PBSU
4601 DTC Boulevard, Suite 700
Denver, CO 80237
RE: City of Fort Collins
Request for Proposal
7100 Jefferson Street Alternatives Analysis Project
Dear Carrie,
Thank you for including Clanton and Associates, Inc. on your team for this proposal. 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 as a Disadvantaged Business Enterprise (DBE).
Good luck and we hope that your proposal is successful.
Sincerely,
Nancy Clanton, PE
President
4699 Nautilus Ct. So. #102 Boulder, CO 80301 303-530-7229
REALIZING THE VISION 13 Jefferson Street Alternatives Analysis Project
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4 Certification #7158�
I Is heref) cert f edas a ci)tsadt>atitczged(1311s??less Lrttetpt7se pllrsllattt. to 'L%.S. 1)epatttttettt Elf
(I � )YBE regubtlOns found at. 4.9 (,�I � �6t arts 23 and ?(i and adMinisteted by �
TrET?as u�rtattEttt
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Work codes
( 0 M;1'-406: F.o inr�ri�s F.lrctrir:�t
Certification Date: DBE November S. 2009 - November 4, 2012
I This certyication eVires on tfre T' day of L' -ovember 2012. _4 new
ce-rti f cate Miff be issued ending eveg .itd year, upon success{ilff_y (�
meeting annual rene- of requirements.
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11/05/09
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?duel? Lee, Director" ..
(Dat.e
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City of
Fort Collins
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF PROPOSED
DBE PARTICIPATION FOR
CMS #1 N/A
Anticipated Location(s):
fort Collins, Co
p1.oject#:7100JcfbrsonS
sheet:
PROJECT SPECIFIC (PS)
AlternalivesAn:tlysisPruit:c
z of ;
Contract DBE Goal:
o
Will Your DBE % Meet The Goal (box C)?
CONSULTANT CONTRACTS
' �O
6d YES ❑ tJ0
Instructions For Prime Consultant:
• An officer of the consultant must complete and submit an original copy of this form as pare of the Commendation Section of your PS contract
Statement Of Interest (SOI).
• Submit.a separate CDOT Forth 1-1331 for each proposed DBE.
• Attach a signed Letter of Acceptarne and copy 0 DBE cerifcate from each DBE firm,
• Retain a photocopy for your records.
(NOTE: See 49 CFR part 28.55. and the DBE Defirrionc and Requirement: 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
MERCO. Inc,
Air quality
REQUIRED ATTACHMENTS: ® Letter of Acceptance DEE certificate
A) What percentage of the overall contract is this proposed subcontract, supptylyendor contract. OR
service/broker contract?
"
NOTE: Calculate % based on actual subcontractor dollars and not prime oontract prices. Only report 0,6 amounts
that are eligib;e for counting toward the contract goal (see DBE Defiruficns and Requirements in contract).
F:::
13) What is the total percentage value of proposed. DBE participationfrom prior sheetstforms? $> 4.5
C) What is the accumulative percentage value of the overall contract that is committed to DBEs?
Cz 9.5 %
C=[A + B1
1 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 to 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, 1 understand that my company will receive a poor contract performance rating from CDOT, which will negatively
impact the scoring of our Statements Of Interest (SO[) 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: PISS&J
DATE:
2 ( 3 ; 2010
COMPANY OFFICER SIGNATURE: r ; r" _ _
TITLE;
('r`._.1... .. _
District Director
GUU,T Form 1331 1f05
MI •.REALIZING THE VISION 15 Jefferson Street Alternatives Analysis Project
CRY&
fort"Collins
1400 Stennis St.. Suite 210 Golden, CO 00401
i'huo:'303.274,9b0S Fait:303.?30.3/444
January 22, 2010
Carrie Wallis, P.E., LEED AP
Transportation Planning Group Manager
PBS&J
4601 DTC Boulevard, Suite 700
Deriver, CO 80237
RE: 7100 Jefferson Street Alternatives Analysis Project
Dear Ms. Wallis:
MF-RCO is pleased to have the opportunity to team with PBS&J to provide air quality analysis for the
above referenced solicitation, having successfully performed similar projects for CDOT and RTD.
Firm Capabilities: MERCO, Inc. was founded in 1988 and provides environmental and transportation
engineering services for a variety of government and corporate clients. MERCO's transportation and
transit experience is varied and extensive, Including work in Denver and other cities In Colorado.
MERCO, Inc. is a pre-quallfied engineering firm with CDOT providing utility design and coordination
services and a full range of environmental expertise including ecology, wildlife, history, 4(f) evaluation,
archeology, socio-econoanics, air quality, noise, wetland.
The most important experience MERCO brings to the job is the knowledge of local conditions,
expectations and requirements. MERCO has over 15 years of local experience, and has gained extensive
local knowledge dealing with transportation projects and public works in the Denver met.ro communities
and many cities in Colorado.
MERCO is a women -owned small business, which currently is certified as DBE and UOBE with CDOT.
Please call us at 303-274.9686 (ext 15) or send an email mmahboubi@rnerco-inc.corn if you need
further information.
Best regards,
Maby Mahboubi
CEO
s REALIZING THE VISION
16
Jefferson Street Alternatives Analysis Project
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the 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
Standard Professional Services Agreement- rev03/10
4
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fl MERCO, INCORPORATED
i Certification # 7084
tIs hereb eertedas a Disadvantaged Business Enterprise pursuant to U.S. Department
of�
j
Transportation JIBE re ulations ound at 49 C � p � f ��, Parts 23 and 26 and administered by
t� Colorado's UCP. ►.�
Work Codes
40104 Water, Sewer, Pipeline
40300 Engineering -Acoustical
40500 Engineering -Civil
40700 Engineering -Environmental
41200 Engineering -Roadway Design
41400 Engineering-iransportationl
42001 Preliminary Studies
50201 Telecommunications/Data/Electronic
50306 Environmental Remediation
Certification Date: February 26, 2009 — February 25, 2012
9his cert�ftcation expires on the aforementioned date. A new cert�flcate
will be issued ending every 3rdyear, upon successfully meeting annual
renewal requirements, __ ` �;^
7amela Lee, Di
''< _qqft' UCP Partner at City and County of Denver ___V IV
Date
i�
�_n
On
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Fort CoElins
. �:
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF PROPOSED
DBE PARTICIPATION FOR
CMS #: NIA
Anticipated Location(s):
I"Ort Collins, CO
Project;%:7100Jefferson 5
Sheet:
Alternatives Analysis 11rQ1ec
3of 3
PROJECT SPECIFIC (PS)
CONSULTANT CONTRACTS
Contract DBE Goal:
Will Your DBE % Meet The Goal (box C)?
& YES ❑ NO
Instructions For Prime Consultant:
• An officer of the oonsuftant must complete and submit an original copy of this form as part of the Commendation Section of your ?S contract
Statement Of Interest (SOI).
• Submit a separate CDOT Form #1331 for each proposed 08E.
• Attach a signed Letter ofAcceptanae and copy of DBE certificate from each Da rim).
• Retain a photocopy for your records.
(NOTE: See 49 CPR part 26.55, and the DBE Definitions and Requirements section of the contract. for furlher information concerning counting DBE
participation toward the contract's DBE goal.)
NAME OF DBE SUBCONSULTANT
ITEMS OF WORK TO BE PERFORMED
BY DBE SUBCONSULTANT
tolfus & Associates
I)Csign suplx)rt
REQUIRED ATTACHMENTS: ® Letter of Acceptance DBE certificate
A) What percentage of the overall contract is this proposed subcontract, supplylvendor contract, OR
serviceibroker contract?
3
NOTE: Calculate % based on actual subcomractor dollars and ow prime contract prices_ Only report % amounts
that are eligible for counting toward the contract goal (See DBE Defiitiiiona and'Regtriiementa in contract).
B) What is the total percentage value of proposed. DBE parficipation:from prior sheetsNofms? u> 6.5 %
C) What is the accumulativepercentage value of the overall contract that is committee! to DBEs?
CT 9.5 %
C=[A + Bj
1 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 Avrk (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 (Sol) 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, I1135&J
DATE;
2 ( 3 1 2010
COMPANY OFFICER SIGNATURE: ''"' _
TITLE;
` �r.;C_...F .....
l
I)islrict [.)hector
COOT Form 1331 1105
REALIZING THE VISION
Jefferson Street Alternatives Analysis Project
Cityof
Fort Cot ins 960686
January 26, 2010
Ms, Carrie Wallis, P.E.
4601 DTC Boulevard
Suite 700
Denver, CO 80237
RE: 7100 Jefferson Street Alternatives Analysis
Dear Carrie:
Stolfus & Associates, Inc. is pleased to provide Transportation Engineering Services in support
of the PBS&J team, We have transportation planning and engineering experience for
transportation projects throughout Colorado. Our experience includes access management,
geometric design of sidewalks, intersections and interchanges, signage and striping, and
construction phasing and traffic control. We are well versed in AASHTO methodologies, COOT
procedures, MUTCD guidance, the State Highway Access Code, NEPA requirements, public
outreach tactics, and multi -agency coordination.
Stolfus & Associates, Inc. has successfully completed a number of COOT and local agency
assignments with PBS&J. As you know, we provided intersection design services for the PGS&J
team an SH 9 in Summit County as part of the Swan Mountain to Valley Brook Corridor Team.
We are also working together on two projects in Fort Collins: North College Avenue
Improvements — Phase II and the Fort Collins intersections project. We understand the project
requirements and have successfully collaborated with PBS&J on previous projects. Our
experiences, skills and knowledge will benefit the PBS&J team.
Stolfus & Associates, Inc, is a Certified DBE firm and a Certified ESB firm with CDOT. As well
as, a certified DBE, SBE and W/MBE firm with the City and County of Denver. The firm has
been in operation since September 2003 and has six full-time employees,
Thank you for the opportunity to work together on this exciting project. Please call me if you
have any questions or if I can be of assistance.
Very Truly Yours.
STOLFUS & ASSOCIATES, INC.
Elizabeth B. Stolfus, P.E.
President
Sr,'MII.)'r"('Boul(:vwA,.hits 101%v .CO 8f)II! • 41iwur.: 0 . I.:.iJd] - Ihz: M):1-»1.2_ill w�twstilluSatdusiili.ncs.c.:nt
REALIZING THE VISION Jefferson Street Alternatives Analysis Project
19
City of
ort Co ins
IN
DENVER
rut .cnr Hir.,t r1r,
Jailuafy 11, 2010
Elizabeth SWus
Stolfus & Associates, Inc
5590 DTC Blvd Suite 101 Vi
Greenwood Vrlare, CO 80111
QPa, citzabr,Ih Siolhis:
ow.eb or Cco—mtc Ocv dapnwnt
,XvWftn of A—il nusinose Oplsar'untty
201 W. 'olf"X Ave, DcPt 507
Dknr M. CO 80202
n:)29,813.299@
vnv-rv.avirdU$h.com
Nrivet 1n1emo1lo"4 Atrpon
Aitpsrt 0lttce 9uudlmt Wit, 7810
8500 POfd 8oawovdrd
Drgrv,C0 $02404340
�. 103.342,2480
!: 303.342-2.190
ow.01,14envar.com
The Division of Srnafl 3usioess Opportunity is pleased to inform you that Stolfus Yr Associates, fnc. is ce{tirleti 23 a
Disadvantaged Business Enterprise (DBE) pursuant to the US Departineal of Transporlation's Regulation 49 CFR Part 26.
Stolfus 3 Assoclares, Inc is eligible to pafticipale as a DBE on US Department of Transportation fin ancielty-assisted urc,'ecfs in
Coimado in the work categores listed on I11.0 enclosed attachmenl_ Your firm wift he included on the Colorado Unified
Certification Program's (UCP) on-line directory of eligible DSOs. You can access the directory of,1wX. gt�state.cr Ja ur, y.
,Certthcattori Numboc 8383 ::. '
Annual Update Que Janua)y 6, 2011
This cedifcatim 1s valid through January o. 2011 hilt must be updated annually prior to the anniversary of the cerfificahn date
Areavilder ,vitn inslruciicns will be sant IN monlh prior to your annual due date. If you tlo not receive the reminder; it is your
responsibi ily to request a Change Affidavit from this office. The apnuafupddtes are necessary to ensure no Interruption n your
ruins OBE eligittl ity. if any Change occurs in the Hrm's Inga1 structure, ownership, management, ronlrol, cr work performed, you
must notify the Division of Small Business Oppodunity in!mtadiatefy.
The Slate of Cofarado's UCP partners wish you great success to all your business cndaavors.
Sincerely, _ ,
t� 'li M'a Lee
director
I lids
Enclosure: Certificate
REALIZING THE VISION 20 Jefferson Street Alternatives Analysis Project
ACORa CERTIFICATE OF LIABILITY INSURANCE 5/04 M/DD/YY)
05/04/10
PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NE 68130 INSURERS AFFORDING COVERAGE
INSURED INSURERA:Zurich American Insurance Com an /#16535
Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J INSURER B: American Guarantee and Liability Ins. Co / #26247
2001 NW 107th Avenue INSURER C: Steadfast Insurance Company/#26387
Miami, FL 33172-2507 INSURERD:
rnVFRAnFR
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.
TN -SR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDD/YY)
POLICY EXPIRATION
DATE IMMIDD[YY1
LIMITS
A
GENERAL LIABILITY
GLO 9139458-03
09/30/09
09/30/10
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$ 1,000,000
GENERAL LIABILITY
4C.O.MtMERCCIAL
CLMS MADE aOCCUR
MED EXP (Any one person)
$ 25,000
PERSONAL & ADV INJURY
$1,000,000
tual Liability
GENERALAGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2 , 000, 000
PRO g LOC
POLICY X JECT
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
SAP 9139457-03
09/30/09
09/30/10
COMBINED SINGLE LIMIT
(Ea accident)
$2,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
X
Contractual Liability
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
C
EXCESS LIABILITY
AIIC 508762104
09/30/09
09/30/10
EACH OCCURRENCE
$25,000,000
X OCCUR CLAIMS MADE
AGGREGATE
$ 25, 000, 000
$
DEDUCTIBLE
$
RETENTION $ 0
A
WORKERS COMPENSATION AND
WC 9139459-03
09/30/09
09/30/10
X WCSTATU- I OTR-
E.L. EACH ACCIDENT
$ 1,000,000
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
-
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
OTHER
S
S
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Jefferson Street Alternatives Analysis (Jefferson Street/SH 14 Project).
City of Fort Collins, Colorado and the Colorado Department of Transportatioin are Additional Insureds on the
General Liability, if required by contract, with respect to the operations of the insured on the above listed project.
See attached for additional wording.
CEK 1 IFICA I t HULUtK I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Fort Collins, City Of Colorado DATE THEREOF, THE ISSUING INSURER WILL LVMXMKY4 MAIL 90 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IAJrAX}I:DI000Z5XV9U NAYBX
215 N Mason 2nd Floor XIxIX81148Ci/�KIX�l{1�ki4XIYI�SXl���XKSiiX
X B�rv7g iXXXXXXXXXXXXXXXXXXXXXXX,XXXXXXXXXXXXXXXXXXXXXXXXX
USA Fort Collins, CO 80524 AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97) edornne
15568194
O ACORD CORPORATION 1988
J
J
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
AGORD 25-5 (7/97)
J
SUPPLEMENT TO CERTIFICATE OF INSURANCE os/DATE
oa/10
I NAME OF INSURED: Post, Buckley, Schuh & Jernigan, Inc. I
d/b/a PBS&J
Additional Insured on the General Liability & Auto Liability on a Primary & Non -Contributory basis, including
completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project
Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers Compensation "Where Required by Contract". Umbrella follows form to the Additional
Insureds on the General Liability.
NOTICE OF CANCELLATION WORDING:
SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR
NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE.
ACORD,, CERTIFICATE OF LIABILITY INSURANCE 9/30/2010
TE 1
DA5/4/2010mrr)
PRODUCER Lockton Companies, LLC-I Kansas City
444 W. 47th Street, Suite 900
Kansas City MO 64l 12-1906
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816)960-9000
INSURERS AFFORDING COVERAGE
NAIC #
INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC.
INSURER A: LLOYDS OF LONDON A XV
1307320 DBA PBS&J
INSURER B:
2001 NW 107 AVENUE
MIAMI FL 33172-2507
INSURER C:
INSURER D:
INSURER E:
itu GtK1IYIGAIt Ur INSUKANGt UULb NUt UUNSIIIUIt AGUNIKAUIettWten INtlbbUINU
COVERAGES PD INSURERISI. 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 REQUREMENT, 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
DD'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD/YY
POLICY EXPIRATION
DATE MMIDD/YY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
XXXXXXX
DAMAGE ( RENTED
PREMISES Ea occurence)$
XXX%{XXX
COMMERCIAL GENERAL LIABILITY
NOT APPLICABLE
CLAIMS MADE OCCUR
MED EXP (Any one person)
$ XXXXXXX
PERSONAL & ADV INJURY
$ XXXXXXX
GENERAL AGGREGATE
$ XXXXXXX
PRODUCTS - COMP/OP AGG
$ XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY nPRO LOC
JECT
AUTOMOBILE LIABILITY
ANY AUTO
NOT APPLICABLE
COMBINED SINGLE LIMIT
(Ea accident)
$ XXXXXXX
BODILY INJURY
(Per person)
$ XXXXXXX
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$ XXXXXXX
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$ XXXXXXX
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$ XX}Q{XXX
OTHER THAN EA ACC
$ J:XXXXXJ{
ANY AUTO
NOT APPLICABLE
AUTO ONLY: AGG
$ XXXXXXX
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$ XXXXXXX
OCCUR CLAIMS MADE
NOT APPLICABLE
AGGREGATE
$ XXXXXXX
$ XXXXXXX
UMBRELLA
$ XXXXXXX
DEDUCTIBLE FORM
$ XXXXXXX
RETENTION $
WORKERS COMPENSATION AND
NOT APPLICABLE
TH-
WC SLIMIT ER
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$ XXXXXXX
E.L. DISEASE - EA EMPLOYEE
$ XXXXXXX
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT 1
$ XXXXXXX
A
OTHER
LDUSA0900811
9/30/2009
9/30/2010
S1,000,000 EACH CLAIM &
A
CLAIMS -MADE FORM
$1,000,000 ANNUAL AGGREGATE.
PROFESSIONAL/POLLUTION
11/11/1961 RETRODATE.
LIABILITY
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: JEFFERSON STREET ALTERNATIVES ANALYSIS (JEFFERSON STREET/SH14 PROJECT); PBS&1 JOB NO. P100008854
10871793
CITY OF FORT COLLINS, COLORADO
ATTN: JOHN STEPHEN
215 N. MASON, 2ND FLOOR
FORT COLLINS CO 80524
GtLLA11VN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
OCnRI'f 95 t2nn1/n81 For questions regarding this certificate. contact the number listed in the'Producer' section above
(cl ArnRn rnRPnRATInAI 1022
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. 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.
Standard Professional Services Agreement- rev03/10
5
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
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.
If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit "D", consisting of twenty (20) pages, attached
hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev03/10
6
THE CITY OF FORT COLLINS, COLORADO
By: —
Jam s B. O'Neill II, CPPO, FNIGP
Fogrco, Direc r o urchasing & Risk Management
A EST: �SEAL
?N DATE: do -I I
POO City Clerk
API ?2!�TO FORM:
Ass' tan City Attorney
PBS & J
By:
Title: LU P
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: /3Z O
ATTEST:
8S
�
Cor orate Secretary `•
SEAL
60
Rene de los Rios 1 I
Assistant Secrclary ` t OWD>-
Standard Professional Services Agreement- rev03/10
7
EXHIBIT A
JEFFERSON STREET ALTERNATIVES ANALYSIS PROJECT
PHASE I SCOPE OF WORK
BACKGROUND
In accordance with the vision and goals of the Downtown River District Streetscape
Improvement Project that was adopted by the City and the Downtown Development Authority
(DDA) in 2008, City and DDA staff set out to find resources to begin implementation of the
proposed improvements in the Downtown River District. Specifically to help address the existing
conditions along Jefferson Street, City staff secured Congestion Mitigation and Air Quality
(CMAQ) grant funding from the Colorado Department of Transportation and the North Front
Range Metropolitan Planning Organization. The CMAQ funding, in partnership with the City's
local matching funds and the DDA funds, will provide for the analysis of roadway and
intersection improvements along Jefferson Street between College Avenue, the intersection of
Jefferson/Mountain Avenue, and the Mountain/Lincoln and Linden intersections. This newly
emerging Downtown River District is coming about through successful public and private
partnerships and economic development opportunities, celebrating the Downtown River
District's unique past, present, and future. It is important for the local infrastructure with the
District to be designed and implemented in a high -quality fashion to support existing land uses
as well as the new infill and redevelopment that will take place over time.
INTRODUCTION
A multi -jurisdictional group, co -led by City of Fort Collins (lead agency), CDOT and the
Downtown Development Authority (DDA) seeks the assistance from a qualified consulting firm
(consultant) to prepare the Jefferson Street Alternatives Analysis (Jefferson Street/SH14
Project). The Jefferson Street/SH14 Project includes an Alternative Analysis study for
improvements on Jefferson Street/SH14 corridor from Mountain Avenue/Lincoln Street to
College Avenue (SH 287), including the Mountain/Lincoln and Linden intersections. The goals
of the alternatives are to improve the air quality as well as quality and safety of the
transportation environment for all modes of travel. Economic impact is also an important criteria.
This project will include a thorough alternatives analysis process and development of a
complete set of design options for Jefferson Street/SH14, the intersection of Jefferson/SH14
and Mountain Avenue, and the Mountain/Lincoln and Linden intersections. This Alternatives
Analysis process will include many options such as traditional roadway and intersection designs
as well as roundabouts and other innovative context -sensitive design solutions based upon
local, state, and national best -practices.
The "Preferred Alternative" for the improvements along Jefferson Street/SH14 and at the
intersection of Jefferson/Mountain Avenue will be selected through the project evaluation
process, incorporating input from all project stakeholders. These "preferred" improvement(s) will
then advance to preliminary and final engineering under a separate scope of services. The
completed improvements are intended to improve air quality as well as safety and mobility for all
modes of transportation along Jefferson/SH14 corridor.
Roadway section and intersection alternatives will be developed collaboratively with a broad
stakeholder group, including representatives from the City of Fort Collins, Downtown
Development Authority, Downtown Business Association, Colorado Department of
Transportation (CDOT), North Front Range Metropolitan Planning Organization (NFR MPO),
local residents & business/property owners, Great Western and Union Pacific railroads,
Colorado Motor Carriers Association, utilities, and other community/regional interests.
The various alternatives will be extensively evaluated by the project team and stakeholders
using criteria such as:
■ Capacity to address existing and future traffic volumes and how to best define
capacity
■ Safety for all modes
■ Air Quality
■ Mobility and accessibility for all modes of travel and vehicle sizes, including
heavy truck
■ movement
■ Provision of visually appealing gateway features
■ Impact to local businesses
■ Parking opportunities and impacts (on -street and off-street)
■ Impacts to railroad operations
■ Right -of -Way Acquisition
■ Cost of improvements
The City will work closely with CDOT, the design consultants and the stakeholders to conduct a
thorough analysis of the pros and cons of each alternative based upon an agreed set of criteria
to address local, regional, and state concerns.
Throughout the development of the Jefferson Street corridor project, the City -led process will
coordinate with the DDA and CDOT staff in partnership and conduct joint reviews at critical
milestones throughout the project. In addition, the project team will offer an extensive public
outreach and engagement process led by City staff with the many project area stakeholders to
ensure the auto, pedestrian, bicycle, and streetscape improvements meet the immediate needs
of the area as well as serve the long-range vision of the Downtown River District.
Jefferson Street is a State Highway owned by CDOT, and CDOT will be the ultimate decision
maker on any improvements. Jefferson Street is a primary truck route. This alternatives analysis
is funded by three sources: CMAQ, DDA and the City. Federal processes must be followed. Air
quality benefits must be realized to qualify for CMAQ funding.
SCOPE OF WORK
Elements of work that will be conducted under this scope include:
• On -going project management
• Establish decision process and communication protocols
■ Refine Jefferson Street project purpose, objectives, and goals
■ Stakeholder coordination and public involvement
■ Document existing conditions in the Jefferson Street Corridor
■ Analyze Jefferson Street Corridor's relationship to the existing transportation
network
■ Update current and projected traffic conditions and conduct traffic analysis
■ Evaluate and recommend specific applications to traffic operations
■ Identify alternatives and conduct alternatives analysis
■ Select preferred alternative
■ Prepare implementation plan and finance strategy
For budgeting and scheduling purposes, duration of 10 months is assumed for this task order.
2