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450906 MULLER ENGINEERING COMPANY - CONTRACT - RFP - 7149 ARTERIAL INTERSECTION PRIORITY STUDY
PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Muller Engineering Company, Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than February 28, 2011. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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 1 Outcome/Deliverables: ✓Preparation of presentation materials including graphics production/reproduction. ✓Development of media and web -based materials. ✓Facilitation at public and stakeholder meetings. 4. Screening Process Objective: Develop a logical and comprehensive methodology that prioritizes intersection improvements based on need and funding opportunities. Description: As mentioned in Task 2, the intersection screening process will be a two-step process. The intent of the Level 1 screening is to conduct a broad evaluation of the arterial intersections using both traffic operations and safety analyses. Quantifiable evaluation criteria will be entered into a spreadsheet and intersections will be ranked according to their operations and safety assessment. This information will be exported from the City's Signal Timing Synchro model into an Excel spreadsheet. This will be completed for each time period, to develop an overall composite operational ranking. Muller will use a similar analysis for intersection crash data exported from the City's Crash Magic program. This process will include City staff to determine the most appropriate MOE's and whether or not any weighting will be applied to the Level 1 screening. This process will provide a quantifiable analysis using operations and safety criteria and allow the project team to "drill down" to the most apparent problem intersections. Screening results will be reviewed with City staff and project stakeholders to ensure the results of this Level 1 screening analysis are reasonable and that problem intersections have not been missed during the screening. The number of intersections that will be carried forward to Level 2 screening will be determined based on input from City staff, and will probably be in the range of 20-30 intersections. Identification of Potential Improvements Using the list of intersections developed from the Level 1 screening process, Muller Engineering will develop an initial list of potential improvement options for each intersection based on the specific operational and/or safety needs at that intersection. This list may include such items as: adding turn lanes, signal phasing changes, intersection channelization, reducing crosswalk distance, bike lanes, roundabouts, ITS devices, bus pull-outs, medians, access management strategies, etc. The Mullerteam will endeavor to identify cost-effective Transportation System Management (TSM) strategies that provide the best "return on investment". Muller will also look to develop strategies for each intersection that are not necessarily mutually exclusive, and can be packaged to match available funding sources. Muller will identify one or more improvement options for each intersection which will then be used in the Level 2 screening analysis. Level 2 Screening The Level 2 screening process will provide a more comprehensive evaluation of each intersection that passed the Level 1 screening. The screening will be applied to these intersections, and to the list of potential improvement projects identified in the preceding subtask. The Level 2 screening will begin to look at potential fatal flaws, community benefits/impacts, preliminary costs and potential funding sources. Similar to the Level 1 screening, the evaluation criteria established in Task 2 will be entered into a spreadsheet as a means for tracking each criterion and also for conducting sensitivity analyses, matching alternative project scenarios to the available budget or funding source. The Level 2 screening process will result in a short list (10-15) of projects carried forward to concept design and cost estimating. Economic Evaluation As part of the Level 2 screen process, our subconsultant, Arland, will qualitatively identify intersection projects that would positively or negatively impact economic development opportunities. For example, this may include an assessment of intersections that support future redevelopment opportunities based on information provided bythe City's Economic Health Department. During the concept design task (Task 5), Arland will refine the economic evaluations to consider specific impacts such as changes in parking, property acquisition and changes in access. This assessment will also be qualitative. Multimodal Evaluation OV Consulting will evaluate the Level 2 intersections from a pedestrian, bicycle and transit operations and safety standpoint. Proposed intersection improvements will be assessed based on whether they have a positive or negative impact on multimodal transportation. The evaluation criteria will be determined during Task 2 of the project. The criteria may be qualitative, quantitative or a combination of the two. The project team will not collect new data for this evaluation but rather will utilize existing data supplied by the Traffic Operations Division and Transfort. During Task 5, Concept Design, OV Consulting will assist the project team with identifying intersection treatments to aid in the mobility and safety of non -automobile transportation modes. Roundabout Evaluation Ourston Roundabout Engineering will prepare a roundabout traffic operations analysis for up to three intersections that are identified as potential candidates for conversion to a roundabout. The analysis will allow for a quantifiable comparison between a roundabout the current intersection operations. Ourston will also prepare a concept layout for up to one intersection that is carried forward into the concept design phase. Additional concept designs may be prepared at a negotiated fee. Ourston will conduct all work remotely from their Madison, Wisconsin office. Any required travel to/from Fort Collins will be done at an additional negotiated cost to the project. Outcome/Deliverables: Technical memorandum describing screening methodology and the prioritization list of projects (10-15) that will be carried forward to concept design (approximately 20% design). 5. Concept Design and Cost Estimating Objective: Prepare concept design plans to approximately 20% design level for the purpose of costing the projects and identifying major design and construction issues. Description: Upon completion of the Level 2 screening process, Muller Engineering will prepare concept designs of the proposed intersection improvement projects. The design will consist of line drawings on aerial photography provided by the City of Fort Collins. Existing right-of-way lines will be shown based on GIS parcel data provided by the City. The concept design will not include vertical profile design elements. The aerial photos will be supplemented with field notes and observations to identify project elements that could impact the cost and schedule of the project. These items may include drainage facilities, structures (retaining walls), trees, signs, environmental mitigation, curb ramps, surface utilities, etc. Plans will be prepared at 1" = 50' scale and will call out lane widths, taper lengths, storage bays, curb return radii, signal modifications, sidewalk, bike lanes, bus stops, limits of construction and major drainage structures. Projects located on City Streets will be designed in accordance with the Larimer County Urban Area Street Standards. Where state highways are involved, improvements will be designed in accordance with CDOT's Design Guide 2005 and the State Highway Access Code. Environmental Evaluation During the concept design phase of the project, Pinyon Environmental will complete high- level fatal flaw analysis of environmental and regulatory constraints on 10-12 intersections. Pinyon will work closely with the project team to evaluate conceptual intersection improvement alternatives; specifically by completing analysis of alternative conflicts with 4 environmental resources. For this analysis, Pinyon will complete "desktop" reviews of the environmental resources that would likely be evaluated in either a National Environmental Policy Act (NEPA) Categorical Exclusion (Cat Ex), or an Environmental Assessment (EA). Among several others, these resources will include socioeconomics, historic preservation (based on assessor records), air quality, noise, wetlands/natural resources, and hazardous materials. Cost estimates for each alternative will also be prepared using recent project cost data from the City and from CDOT Region 4, where state or federal funding maybe involved. Muller will use the most recently available cost data and also build inappropriate contingencies to cover these possible price fluctuations. Deliverables: 11 "x17" Concept Design Plans at 1 " = 50' for 10-15 intersections; project cost estimates, electronic files of design drawings 6. Implementation Plan and Documentation Objective: Prepare an implementation plan that packages the alternatives to match available funding sources and to leverage the City's BOB funding with state and federal aid dollars where appropriate. Description: Depending on the scope of each project, there may be state and federal funding available to leverage BOB funds and to stretch the City's dollars into a much greater pool of available funds. The Muller team will work with City staff to identify which, if any, projects may be eligible for state and/or federal funding. Muller will compare the proposed projects to the eligibility requirements from NFRMPO and CDOT funding categories. Projects that are potentially suited for outside funding will be identified as possible candidates to apply for these funds. Any funding applications will be prepared by City staff; however, Muller is available to assist in the process at an additional negotiated fee. Muller will prepare a project implementation and funding plan that outlines the scope of each project, project cost estimates, schedule, benefits to be realized, right-of-way needs, any environmental clearance requirements and proposed funding sources. Each project will contain a one -page summary report for quick reference. A project Final Report, including an executive summary, will also be prepared. The Final Report will summarize the project process, findings and recommendations. Technical data will be included in an appendix or separate volume. The project's technical evaluation will also be compiled in spreadsheet form to assist the project team in querying and sorting the data to address potential project scope and/or funding changes. Deliverables: Project Final Report (20 copies), One -Page Intersection Summary Reports; Spreadsheet of Project Evaluation Criteria and Data 7. Project Management The project management task includes communication and coordination between Muller Engineering, city staff and project subconsultants. Additional project management tasks include preparing monthly progress reports to the City's project manager. Fee Estimate The attached table provides a breakdown of staff hours, labor costs and expenses for each task identified above. Muller Engineering's total fee for this project is $153,047. Project Schedule The schedule below shows Muller's plan to accomplish the scope of work outlined above in a timely manner. Assuming an August 16th notice to proceed date, the project completion date would occur on or before February 10, 2010. The scheduled completion date is contingent upon the public involvement process moving forward in an efficient and timely manner. 5 EXHIBIT B WORK SCHEDULE City of Fort Collins Arterial Intersection Priority Study Project Study Schedule Muller Engineering Company Task Milestone Summary Page t Task Name 2010 Au ust Se tember � October November December January Februa Notice to Proceed ft � 8/16; � Information Gathering/Collection &Compilation ^ i Ga[her and Compileata D Review Data and Preliminary Analysis Establishment of Evaluation Criteria ^ --+----- �- �_ -- �- - - - - 9/3 s 11/1 � - ------ - - - -- --r -- - - �----- • - - - -- - - � - Develop Evaluation Criteria Documentation Public and Stakeholder Involvement Stakeholder Meeting/Workshop 1 Stakeholder Meeting/Workshop 2 Public Meeting No. 1-9114 Provide Web -Based Information Public Meeting No, 2-12/9 Screening Process - - - ---- ---- - - - ---+ -- - - - - -_- _- -- --- - - -- . - Level lScreening Identify Potential Improvements i , ---------- � -J -- ----- '_---- - - Level 2Screening Concept Design and Cost Estimating Develop Concept Design Plans Prepare Cost Estimates i _ i --- - ImplementateonPlan/Report Evaluate Funding Options Packaging of Alternatives Report Documentdtion Submit Draft Report-1/21— City Review and Address Comments Submit Final Report --� --�— -----�--`--- _� 2/10_-Y- Project Management EXHIBIT C FEE SCHEDULE MULLER ENGINEERING COMPANY - STAFF HOUR AND FEE ESTIMATE City of Fort Collins Arterial Intersection Priority Study - r- ---- - �_ i tf_ -�- -� - - TIME (HOURS). - SUBCONSULTANT HOURS Expenses Task Task Principal $149 PM - - 'Vlll $139 Project " Engr. V $109 Project Engr IV $101 Design " Engr l $79 Sr. Des. Tech $92 C40D 111 $78 Admin $62 MEC Total Hours Ourston $130 Noyes $170 Pinyon $105 ArLond $135 OV $145 P'd $150 Subcon. Total Hours `MEC Subs Task Total No. Description —� Hourly Rate: 1 Information Gathering and Data Collection Gather and Compile Data 4 8 24 36 $150 Review and Prelim. Analysis o Data 4 8 24 36 - Task Subtotal 8 - 16 48 72 - $150 $6,798 2 Development o Evaluation Criteria Develop Evaluation Criteria 2 10 1 8 30 1 10 10 75 $75 Documentation 2 8 1 20 30 Task Subtotal 4 28 28 60 10 30 $75 $9315 3 Public Involvement Stakeholder Coordination 40 16 2 58 40 8 8 56 $450 $600 Public Meetings 16 16 2 34 28 28 $150 $150 Graphics and Presentation Materials 4 12 40 2 58 4 4 Task Subtotal 60 32 12 40 6 150 72 8 8 88 $600 $750 $32 658 4 Screening Process Level 1 Screening 8 18 36 10 8 10 $150 $150 Develop Potential Improvements 16 20 8 44 16 8 24 Level 2 screening 24 20 32 60 136 10 10 20 11 52 $300 $150 Task Subtotal 48 40 40 88 216 16 20 10 20 20 8 86 $450 $300 1 -$36,104 5 Concept Design and Cost Estimating Concept Design Plans 20 20 120 140 300 20 10 24 4 8 66 $300 $300 Cost Estimates 8 20 28 Task Subtotal 28 20 140 140 328 20 10 24 4 8 66 $300 $300 $40252 . 6 Implementation Plan Evaluate Funding Options 12 8 20 $150 Packaging o Alternatives 16 8 24 Report Documentation 20 64 8 92 4 8 6 4 4 26 $900 Task Subtotal 48 80 8 136 4 8 6 4 4 26 $1,050 $20,568 7 Project Management , 8 40 48 $600 Task Subtotal 8 40 48 $600 $7,351 Total Hours 12 260 216 180 148 1 40 140 1 14 1 1010 1 40 1 120 40 36 40 8 276 _ Fee, Billing Rate $1,788 1 $36,140 I $23,544 I $18,180 I $11,692 J$3,680 J$10,920 $868 5106,812 $5,200 $20,400 $4,200 $4,860 $5,8 00 $1,200- Total Expenses - - _ _ _ _ - —_ $750 $150 $150 $150 $150 J$3,2251 $1,350 Total $133,047' Notes_ 1_Expenses include report reproduction, delivery charges and vehicle -lege. Report reproduction includes 5 draft reports and 20 final reports at a total cost of $750. Delivery charges assume 'utp_ta 4 deliveries atT$75/each. ~ _ All other e)lense charges are for vehicle mileage between consultant office and Fort Collins for attendance at meetings and site/field review work. Federal mileage rate of $0.50/mile applies. i t MULLER ENGINEERING COMPANY, INC. FORT COLLINS TRAFFIC SIGNAL TIMING PROGRAM Professional Staff Hourly Rates Principal Engineer IX $149.00 Principal Engineer VIII 144.00, 139.00 Project Manager VI 132.00, 124.00 Project Manager VI 118.00,114.00 Project Engineer V 109.00, 105.00 Project Engineer IV 101.00 Design Engineer III 94.00 Design Engineer II 87.00 Design Engineer 1 79.00 Senior Designer 92.00 Designer 87.00 Technician/CADD Operator IV 85.00 Technician/CADD Operator III 78.00 Technician/CADD Operator II 72.00 Technician/CADD Operator 1 62.00 Administrative Support 62.00 Intern 48.00 Other Direct Costs Vehicle Mileage (or approved IRS rate) .....................................$ 0.50 / mile Black & White Photocopies — 8 % x 11..................................... $ 0.10 / copy Color Photocopies — 8 % x 11.......................................... $ 0.30 / copy 22" x 34" Prints.......................................................................... $ 1.00 / sheet When large printjobs are required for a project, they are sent out to printing shops and billed at actual cost. Subconsultants, messenger delivery, overnight delivery, equipment rental, long distance telephone, outside computer, reproduction, out-of-town living expenses, travel costs, and other miscellaneous direct project expenses, will be charged at actual cost. Use of computers and computer software is included in the hourly rates of personnel. 2 Muller Engineering Company EMPLOYEE NAME EMPLOYEE CLASSIFICATION Andrews, Matthew D. Project Manager VII Bauers, Catherine Admin. - Exec. Secretary Behrer, Bruce B. Principal Engineer VIII Buchholz, Karl E Principal Engineer VIII Campuzano, Carlie Design Engineer I Carlson, Robert Principal IX Cavoto, Bonnie Admin. Support Clark, A. Gray Principal Engineer VIII Chenard, Melanie D. Project Engineer IV Colby, Sandra S. Admin - Financial Controller Dalton, Lonny CADD Operator III Dungan, Michael S. Principal IX Fearns, Robert J. Project Manager VII Fuhr, Karen S. Project Engineer IV Gabriszeski, Steven G. Project Engineer V Hamilton, Glenn Project Manager VII Hamilton, John M. Principal IX Harris, Dean A. Principal Engineer VIII Hibbeler, Steven Project Engineer IV Hopkin, Lance R. Design Engineer III Janssen, Erik Design Engineer III Johns, Derek Project Manager VII Juergensen, Joseph Project Engineer VI Juntunen, Candace Sr. Designer Keller, John H. Sr. Designer/CAD Manager Kroeger, Christopher Project Engineer VI Lambertson, Nancy Project Engineer V Mendelsberg, Audrey Project Engineer IV Mestas, Geoffrey C. Design Engineer II Moffat, Mari CADD Operator III Murray, Jo A. Design Engineer II Nelson, Rick Project Manager VII Padilla, Korina S. CADD Operator II Pultorak, Andy Design Engineer III Roan, Carolyn Project Engineer VI Rogers, Samuel Intern Sabo, Kevin Sr. Designer/IT Manager Scholz, Justin R. Project Engineer IV Stewart, Andrew K. Design Engineer I Unger, Monica M. Design Engineer II Watt, James A. Design Engineer IV Webb, Derek Project Engineer IV Wulliman, Jeff Intern Wulliman, Jim Principal Engineer VIII Yager, John A. Design Engineer IV Subconsultant Rates Firm and Employees Hourly Rate Pat Noyes and Associates Pat Noyes $170.00 Ourston Roundabout Engineering Troy Pankratz $130.00 Pinyon Environmental Services L. Evans - Principal $155.00 S. Epstein, K. Thomas — Project Manager $115.00 B. Partington, J. Auckland, M. Santo, S. Sikorski — Proj. Engr. $82.00 D. Krejci, K. Jesserich — Project Assistant $58.00 Arland Consulting Arleen Taniwaki $135.00 OV Consulting Chris Vogelsang $145.00 Beth Vogelsang 4 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractors insurance. DATE (MMIDD/YYYY) Rv CERTIFICATE OF LIABILITY INSURANCE OP ID SL MULLE-1 08 16 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 701 Market St., Ste. 1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101 Phone: 800-338-1391 Fax:888-621-3173 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Accident a Indemnity INSURER B: Muller Engineering Co., Inc. INSURERC: 777 S.Wadsworth Blvd., Ste 100 INSURER0: Lakewood CO 80226 INSURER E: COVERAGES 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X� OCCUR 84SBWCT1553 11/01/09 11/01/10 PREMISES(Eaoccurence) $ 2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY s2,000,000 X XCU GENERAL AGGREGATE $ 4, OOO, OOO PROFESSIONAL LIAE ExCL GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X PRO LOC JECT A AUTOMOBILE X LIABILITY ANY AUTO 84UEGNS8431 11/01/09 11/01/10 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 A X I OCCUR CLAIMSMADE 84SBWCT1553 03/10/10 11/01/10 AGGREGATE $ 1, 000, 000 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEL]LJ OFFICER/MEMBER EXCLUDED? 84WEGPM0413 11/01/09 11/01/10 X TORY LIMTS ER_ E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 0 0 0 (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 $ 1, 000, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: CITY OF FORT COLLINS IS INCLUDED AS ADDITIONAL INSURED TO ABOVE COVERAGES EXCEPT W/C. I,CR I Iri%,HIC nULUCR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOF 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 CITY OF FORT COLLINS REPRESENTATIVES. 281 NORTH COLLEGE AVENUE AUTHORIZED REPRESENTATIVE FORT COLLINS CO 80524 ACORD 25 (2009/01) -~%ffTqft`l2jY59,KcffR-b t01WCWXP9VF0W rinhtc raca".rl The ACORD name and logo are registered marks of ACORD Professional: City: With Copy to: Muller Engineering Company, City of Fort Collins City of Fort Collins, Purchasing Inc. Attn:Dean Klingner PO Box 580 Attn: Mr. Karl Buchholz PO Box 580 Fort Collins, CO 80522 777 S. Wadsworth Boulevard, Fort Collins, CO 80522 Suite 4-100 Lakewood, CO 80226 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 Fee Schedule attached hereto as Exhibit "C", consisting offour (4) pages, and incorporated herein by this reference; a fixed fee in the amount of One Hundred Forty Eight Thousand Four Hundred Seventy Seven Dollars ($148,477) plus reimbursable direct costs. All Standard Professional Services Agreement- rev03/10 2 ,ma4C"R13 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 3 8 2010 PRODUCER Phone: 303-837-8500 Fax: 303-831-5295 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 Wynkoop, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80202 INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURERA'XL ST)ecialty Insurance Co. 0 Muller Engineering Company, Inc. 777 S. Wadsworth, Suite 100 INSURER B: Lakewood CO 80226-3118 INSURER C: rnVFanr,FG THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R ADD'I S P NSU C POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION AT.MM DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ CLAIMS MADE OCCUR PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY jRa LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N I SFR E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Professional Liability Claims Made DPR9683141 3/11/2010 3/11/2011 Per Claim $1,000,000 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS f required by written contract or written agreement, City of Fort Collins is included as Additional Insured for ongoing operations under General Liability with respect to the above referenced. City of Fort Collins Attn: James O'Neil 215 North Mason Street, 2nd Floor Fort Collins CO BOS22-0580 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. 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. AUTHORIZED REPRESENTATIVE ,R-,Uecv Zo (euualuly ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT E CDOT DBE PROGRAM REQUIREMENTS 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 (SOI.) The DBE list is available at: http://www.dot.state.co.us/app ucp 2. Selection of UDBEs by Consultant: A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any portion of the work. Requirements A. The use of UDBEs is an evaluation factor for consultant selection under Section 24-30-1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal. B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the UDBE goal for the project. C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit. The consultant must submit all UDBE participation commitments on either CDOT Form #1330 (for NPS Contracts) or CDOT Form #1331 (for PS Contracts) with their SOI in order to receive the corresponding evaluation points. D. The selected consultant must use the UDBE firms named (if any) on CDOT Form #1330 or #1331 in the Statement of Interest for the items of work described. The replacement of a named UDBE firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. Failure to comply may constitute grounds for default and termination of the Contract. E. Consultant's UDBE Obligation. 1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects advertised by the Department agrees to ensure that UDBEs, as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts. The prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the selection and bidding process or the performance of contracts. 2 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. 3 (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 4 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. 5 EXHIBIT F 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). F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and' Conservation Act (Pub. L. 94-163). H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs. J. 42 USC 6101 et sea. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et. sea.. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seg.). N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seg. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". 2 P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts". Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. 3 APRIL 1980 Nondiscrimination Provisions: In compliance with 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 Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the 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: 4 such fees and costs shall not exceed One Hundred Fifty Three Thousand Forty Seven Dollars ($153,047). 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, Pat Noyes and Associates, Ourston Roundabout Engineering, Pinyon Environmental Services, ArLand Consulting and OV Consulting are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. Standard Professional Services Agreement- rev03/10 3 1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 2. Cancellation, termination or suspension of the contract, in whole or in part. 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. 5 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 he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Required by 23 CFR 635.112 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR PROJECT SPECIFIC (PS) CONSULTANT CONTRACTS CMS #: Anticipated Location(s): Project tt: Sheeti of Contract DBE Goal: % Will.Your DBE wo Meet.The Goal'(boi'dp ❑ YES ❑ NO Instructions For Prime Consultant: i An, o.5oer of the con suftam must complete and submit an original copy of this Form as part of the Commendation Section- of your -PS contract Stater Bent OE Interest •(SO 1). • Submit a separate CDOT Fdrn #1331 foi each proposed DBE_ • Attach a'signed Leiter of Acceptanceand copy of DBE certificate from each DBE firm. • Retain a'photocopy for your records. (NOTE:.See 49 CFR part 20.55, and the DBE Definition and Requirements section of the eprrtract, for further information.concem ng counting OB E participation toward the contract's DBE goal:) NAME OF DBE SUBCONSULTANT IT.EMS.OF WORK,TO BE PERFORMED BY DBE SUBCONSULIA14T I REQUIRED ATTACHMENTS: ❑ Letter of Acceptance ❑DBE certificate ] A} What percentage of the overall contract is this proposed subcontract, sitpplyJvendor?contrac OR• servicelbrokec contract? C' o A> /o. NOTE:.Calct�late 96 based on actual suboontractordotlars and not prirrle oont2M pnOsily re rt %;amounts that are eligible for counting toward the contract (See DBE De(reitions-ard Reytiiremevtts in contract). B) What is the total percentage value of proposed DBE pa pa, tion46- m prior sheetsKorms? B> % C) What is the accumulative, Percentage value of'the overall contract that is committed to DBEs? C> I certify. that: • my company has accepted a proposal from the DBE subconsultant.nametl above. • my company has notified`the proposed DBE subcorisultanf of the commitment % of %b. rk (Letier.of Acceptarce is attached). • my company's use of the proposed DBE subconsuttant for the items of work listed above is a condition of the contract award. • mycompany will not use a substitute DBE sub consultant for the proposed DBE subconsuitant's;failure to perform under, a fully executed subcontract, unless my company complies with the DBE.De'fimions and Requirements section, of the contract_ 0 In addition, if my company'does not mset the intended DBE goal for this contract and is unable to documentadequate'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 (SOt} ph 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 docurrient.are true and complete to the best of•my.knowledge. COMPANY 14AME: DATE: COMPANY OFFICER SIGNATURE: TITLE: CDOT Form 1331 1105 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunderfor the payment of 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 Standard Professional Services Agreement- rev03/10 4 damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 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. Standard Professional Services Agreement- rev03/10 5 C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5=102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - CDOT DBE Program Requirements consisting of five (5) pages, attached hereto and incorporated herein by this reference and Exhibit F, Federal Requirements consisting of seven (7) pages, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev03/10 6 THE CITY OF FORT COLLINS, COLORADO By. Ja es B. O'Neill II, CPPO, FNIGP Dire or of Purchasing & Risk Management DATE: City Clerk .._COL AS TO FORM: Assistafit City Attorney Muller Eng neWing Pompany, Inc. By: Title: W&27 y' CORPORATE PIRESIDENT OR VICE PRESIDENT Date: 8 -Y6-- 20to AT S Corporate Secre Standard Professional Services Agreement- rev03/10 (Corporate Seal) EXHIBIT A SCOPE OF SERVICES Information Gathering and Data Collection/Compilation Objective: To gather all relevant information and data about each intersection and to gain a thorough understanding of existing conditions. Description: The initial task of this project will involve assembling information and data that, for the most part, has already been collected or is readily available from various sources. Information and data to be assembled includes: Data Source Peak Period Turning Movement Counts Fort Collins Traffic Operations Pedestrian/Bicycle Counts Fort Collins Traffic Operations Hourly Link Counts Fort Collins Traffic Operations Intersection Crash Records Fort Collins Traffic Operations Aerial Imagery Fort Collins GIS Citywide Synchro Model Fort Collins Traffic Operations Right -of -Way Fort Collins GIS Preliminary List of Potential Projects Fort Collins Engineering, Transportation Planning and Traffic Operations List of Project Stakeholders Fort Collins Transportation Planning Construction Cost Data Fort Collins Engineering and CDOT Existing Concept Plans and/or Preliminary Engineering Plans Fort Collins Engineering Site Evaluation Muller Engineering The Muller team will review the above information and identify any gaps or anomalies in the data. If additional information is required, Muller will request supplementary data from the City. During this process, Muller will also conduct preliminary analyses of the traffic and safety data as a means of examining existing conditions at each intersection. Deliverables: Technical Memorandum summarizing base conditions of intersection operations and crash data. 2. Establishment of Evaluation Criteria Objective: To develop evaluation criteria that identify problem intersections while fulfilling the requirements of the BOB ballot language and reflecting the core transportation values stated in the 'Transportation Snapshot' of Plan Fort Collins. Description: Development of the project evaluation criteria is a critical task that will involve input from City staff, project stakeholders and the general public. The evaluation process will need to be "data - driven" with the understanding that it also needs to include qualitative factors that address issues such as livability, compatibility with Plan Fort Collins and environmental impacts. Two sets of evaluation criteria will be developed for use in the alternatives screening process (see Task 4). The first level of screening criteria will include quantitative measures of effectiveness (MOE) related to congestion and safety. These criteria would be applied to all intersections in order to provide an initial assessment of problem intersections and to eliminate those intersections that are clearly operating in a safe and efficient manner. Muller will seek staff input on which congestion and safety parameters to apply. The above criteria will be used to pare down the overall list of intersections from approximately 150 to a more manageable size for more detailed evaluation. The intent is to eliminate those intersections that clearly do not exhibit a safety or capacity problem. The mobility MOEs will be obtained using the City's Synchro'" signal timing files. The data will be exported directly to a spreadsheet for AM, Off-peak and PM peak hours. Muller will also work with Fort Collins Traffic Operations staff to obtain crash rate data from their Crash Magic'"' program. In conversations with Pete d'Oronzio with Pd' Programming, we understand that there may be opportunities to do some beta development with the Crash Magic software and Fort Collins' crash database with the goal of providing an interface between Crash Magic and the Cityworks. We have included Pete d'Oronzio on our team to be involved in up to two coordination meetings, and to help optimize the use of Crash Magic for this study. The second level of Evaluation Criteria will be more comprehensive and consider both qualitative and quantitative factors. Staff, stakeholder and community input will be sought in developing the evaluation criteria and assigning an appropriate weighting to the criteria. An initial list of evaluation criteria will be developed between City staff and the Muller team. The list will be refined through the public input process (see Task 3) so that issues are addressed that are important to the community and have public buy -in to the prioritization process. Outcome/Deliverables: Technical Memorandum describing each criteria to be used and the rationale for selecting the criteria. 3. Public and Stakeholder Involvement Objective: Conduct public involvement to engage key stakeholders and the public in the study process and to seek comment and input on the key tasks contained in the scope of work throughout the life of the project. Description: Public and stakeholder involvement will engage the Fort Collins community to identify safety, operational, and multi -modal concerns and to confirm community values being considered in the development and evaluation of potential improvements. The process will be based on the City's philosophy of "Innovate, Sustain, Connect." The public involvement process will be flexible and responsive within the context of the hours budget in the attached fee estimate. The public involvement effort will be led by Pat Noyes and Associates and will include the following tasks and meetings: • Community/Stakeholder Workshop 1 to identify issues gather input • Community/Stakeholder Workshop 2 following 2"d Level Evaluation • Stakeholder meetings with City Council (1 meeting), Transportation Board (2 meetings), Bike Advisory Board (1 meeting), DDA (1 meeting) • Approximately 4 meetings with property owners during the concept design phase • Participation at 2 coordination meetings with Plan Fort Collins • Work with Fort Collins IT and Public Relations staff to develop online tools for gathering public input and disseminating project information • Assist the project team in developing the Evaluation Criteria that is supportive of the City's Core Values 2