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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - RFP - 7394 N COLLEGE IMPROVEMENTS PROJECT - CONIFER TO WPROFESSIONAL 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 Interwest Consulting Group, hereinafter referred to as 'Professional'. WITN ESS ETH: 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 fourteen (14) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until December 31, 2014, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Interwest Consulting Group City of Fort Collins City of Fort Collins Attn: Robert Almirall Attn: Kyle Lambrecht Attn: Purchasing Dept. 1218 W Ash Street, Suite C PO Box 580 PO Box 580 Windsor, CO 80550 Fort Collins, CO 80522 Fort Collins, CO 80522 Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 1 of 30 CUF will secure required permits, however, fees are anticipated to be waived by the City and/or CDOT. Deliverables: One (1) hard copy of the pothole survey map with surveyed data 4. Base Mapping — Interwest will prepare a base map of the corridor utilizing the existing property information provided by the City, available utility mapping and locates, pothole data, and the design topographic survey. Design plans for the Conifer/Hickory intersection will be utilized until such time as the reconstructed roadway can be added to the base mapping. The base mapping shall be used by each team member in the preparation of their specific discipline plans. This task includes a walk-through of the corridor with 105 West and the City Project Manager as described in item 2 above. Deliverables: One (1 hard copy of the project Base Map One (1) electronic AutoCAD file of the Base Map 5. Utility Coordination - Interwest will lead the effort in utility coordination based on our staffs many years of experience with all area utility providers. Interwest will utilize the base map and make contact with each utility provider in the area to determine the location of critical facilities. Utilities that appear to be in conflict will be identified. Interwest will coordinate with the utility agencies that will be affected by the project. Continued coordination with the utility companies will be completed to discuss project elements and conflicts and address any required utility relocations. Design for waterline and sanitary sewer relocations are included in this scope of work. A thorough utility design is included and final plans will be sent to each utility company for review. Profiles will be developed of critical utility lines such as the Xcel gas line and the Century Link Duct Bank based on pothole information gathered. Six (6) utility coordination meetings are anticipated. 6. Geotechnical Report with Pavement Design and Groundwater Monitoring — AECOM will provide materials testing and a preliminary and final geotechnical report with a pavement design for the project. This task includes sampling, laboratory testing, pavement coring, sulfate testing, engineering analysis and traffic control on the day of drilling. Recommendations will be provided for how to best utilize the existing concrete pavement section and expand the roadway to the ultimate width. Evaluation of the soil reports north and south of the project will be performed to determine if a mixed recommendation might be appropriate between the varying soil types. AECOM offers a fresh viewpoint to the pavement design, and will provide pavement section opportunities from an objective, professional, economical and performance perspective. The variables they will explore in terms of applicability will be the relative thicknesses of Class 6 ABC, concrete and asphalt surface courses, and the benefits and value of the geo-grid for the project from Conifer to Willox. A draft report will be developed and distributed to both the City of Fort Collins and CDOT. Consultant will attend a review meeting with both the City and CDOT for comments. Revisions to the draft will be made and a revised final report will be submitted. Deliverables: Draft Soils Foundation Investigation Report Four (4) copies of the Final Soils Foundation Investigation Report, stamped One (1) electronic copy of the Final Soils and Foundation Report, stamped 7. Environmental — Pinyon Environmental will provide environmental clearances for the project. It is expected that a Categorical Exclusion (Cat Ex) Determination will be completed Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 10 of 30 to satisfy National Environmental Policy Act (NEPA) documentation requirements for this project. Pinyon will work closely with Interwest, Fort Collins and CDOT to meet the environmental documentation requirements as presented on CDOT Cat Ex Determination Form #128. The Pinyon project team will initially gather data that has been previously collected within the project area. This will initially save both time and money and will allow the Pinyon team to stay on schedule. Pinyon anticipates that documentation will be required for the following clearance items: • Hazardous Materials • History • Stormwater Project Meetings — Pinyon anticipates attending the following meetings, for which each will take approximately 2 hours: • Field Initial Review (FIR) • Final Office Review (FOR) • Phase I/Phase II Review • SWMP Review (may be incorporated into FOR, but Project Engineer will attend) • Two historic coordination meetings; one with Fort Collins, and one with the CDOT Headquarters Historian in Greeley Hazardous Materials — Significant hazardous materials issues are not anticipated that would impact construction. Typically, a CDOT Initial Site Assessment (ISA) (CDOT Form #881) is required to evaluate if hazardous materials may exist in the project area. However, acquisition of right of way is anticipated to construct this project; therefore, CDOT will likely require that an ASTM Phase I Environmental Site Assessment (ESA) also be completed. Pinyon will complete both an ASTM Phase I ESA and a CDOT ISA for this project. At the time of this scope, it is unclear how much right of way will be required, and from which specific properties. Therefore, Pinyon has assumed that two site visits will be required to complete this evaluation. The RFP documents requested that a Phase II ESA also be completed as part of the hazardous materials evaluation. Without having completed the initial research associated with a Phase I/ISA, it is difficult to develop a scope and fee for these services. For this scope, Pinyon assumes a "typical' Phase II ESA, including three (3) soil borings/groundwater wells, and analysis of soil and groundwater for typical constituents would be completed at each target property; Pinyon assumes that three (3) target properties will be evaluated. However, prior to embarking on any Phase II ESA activities, Pinyon will consult with Interwest and Fort Collins, and present a formal scope and fee for those services. The attached fee assumes that all three properties can be investigated concurrently, thus reducing mobilization fees associated with this work. History — The project is located in an older portion of the City, with several (possibly 19) historic structures still extant. Compliance with Section 106 of the National Historic Preservation Act will be required for this project. Because the project will take place within an historic area, the potential short-term and long-term direct impacts to historic resources and effects to the visual setting will need to be assessed. Depending on the project specifics and its effects to any historic resources, mitigation may be required. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 11 of 30 Several properties in Fort Collins have been listed in the RFP or determined officially eligible to the State and National Registers. Additionally, some evaluation work has likely been completed as part of other projects on North College. Per State Historic Preservation Office (SHPO) guidelines, cultural resource Re -Visitation forms may need to be completed for these resources. Additional resources in the area will likely require recordation on Colorado SHPO Architectural Inventory, Management Data, and Linear Component survey forms and determinations of eligibility made. These resources may include the 19 properties identified by Fort Collins in the RFP that are over 50-years old. This scope includes services to: A. Define the Area of Potential Effect (APE) in coordination with CDOT, Fort Collins, Interwest and SHPO. Research historic properties within the APE to identify which properties are over 50-years old in the project vicinity, which of those have already been recorded/ inventoried and their determinations of eligibility, which properties would require official recordation and determinations of eligibility, and which inventories need to be updated. Includes searches of the Larimer County Assessors files and the Office of Archaeology and Historic Preservation (OAHP)'s COMPASS database by the Pinyon historian. Pinyon assumes that this effort will be approximately 30 hours for the Staff Historian. B. Complete historic inventories including research, field documentation, and forms suitable for submittal to CDOT and SHPO. Scope and fee assumes that nine properties will need to be inventoried, although this cannot be determined until Item A above has been completed. Each inventory requires approximately 8 hours of effort, depending on the types of forms required and research effort needed. If more or less are needed, then the cost would be adjusted accordingly. C. Prepare a Cultural Resource Survey Report per SHPO guidelines presenting all inventoried properties within the APE, determinations of eligibility, and effects findings. The report would be reviewed by both CDOT and the City of Fort Collins, revised by the historian if needed, and then CDOT would submit the report to SHPO. This effort assumes 24 hours for the Staff Historian. D. Mitigation is not included in this scope and fee because it is not known if it would be required. If it is determined that the project could result in an adverse effect to historic resources, then mitigation would be required. This usually includes preparation of a Memorandum of Agreement between FHWA and SHPO, recordation, and interpretive displays onsite. Stormwater Management/Erosion Control Plans (SWMPs) and MS4 Compliance — A Colorado Stormwater Discharge Permit Associated with Construction Activity (CDPS) from the Colorado Department of Health and Environment (CDPHE) will be required if area of disturbance is anticipated to exceed one acre. One condition of this permit is that a construction Stormwater Management Plan (SWMP) must be developed for the project. The CDOT specification that will be followed in the event that disturbance is greater than one acre is "Revision of Section 101, 107, and 208 Water Quality Control," dated August 26, 2010. Pinyon will provide a SWMP that is in compliance with CDPHE and Colorado Department of Transportation (CDOT) requirements and is completed in the standard CDOT format. For this project, Pinyon will complete the SWMP Notebook; Interwest will complete all erosion control design and drafting services. Pinyon will also provide project specials for Interwest to include on the plan sheets. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 12 of 30 The City of Fort Collins holds an MS4 permit. The construction SWMP will comply with the requirements and stipulations for this permit. Deliverables: Phase I ESA of the corridor Phase II ESA of identified properties (3 assumed) SWMP Notebook Required Environmental Clearance Memos 8. Traffic Study / Intersection Recommendations Data Collection — Delich Associates will review traffic (current and future forecasts) data and accident history data provided by the City and render an opinion with regard to its adequacy. If the City provided traffic data is not adequate, then we will ask the City to augment the data. Observations - Identify safety issues, access improvements, and pedestrian/bicycle/transit facilities in this segment of North College Avenue. Conduct observations of all modes, at various points in this segment of North College Avenue, during peak traffic times of an average weekday. Plan Evaluation - Work with project team to develop two plans to consolidate/combine accesses. Develop traffic forecasts for properties in this segment of North College Avenue. Determine the size of the auxiliary lanes at accesses and appropriate public street intersections. Evaluate the interaction between motor vehicle and non -motor vehicle modes of transportation. Documentation - Prepare a transportation analysis memorandum documenting the findings. This memorandum will address issues in each of the urban design plan, as appropriate. Meetings - Attend project meetings (4 project coordination meetings), as requested. Deliverables: Traffic Analysis Memo 9. Urban Design — BHA Design will provide all landscape and urban design plans for the project. During this phase, BHA Design will prepare preliminary streetscape design plans based on the preliminary road alternatives (two total). A preliminary cost estimate for both alternatives will be provided. The streetscape design plans will draw from the designs of the previously completed road sections to create a blended and cohesive landscape and urban design identity for the full corridor. The streetscape alternatives will include concepts for treatment of pedestrian and bicycle facilities, landscaping, irrigation, site furnishings and enhance corner treatments. Urban design elements may also include interpretation of historic and/or cultural resources in the project area while matching the theme of the previously designed phases of the corridor. Urban design elements will meet CDOT requirements. Impacts and potential mitigation to adjacent properties will be included on the streetscape alternatives plans. BHA will help to facilitate coordination with the Art in Public Places (APP) program for the project. BHA will help identify potential opportunities for incorporation of public art into the project's urban design elements, will help to establish goals and boundaries for the artist's scope, and will provide information to the APP coordinator in order to facilitate successful integration of the selected artist. BHA will also develop opinions of probable cost for landscape and urban design elements for the two alternatives. Landscape median designs will be developed through the preliminary design phase only with the exception of the existing median south of Willox which will be fully developed Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 13 of 30 through the final design. Two (2) "Before and After" photo renderings of the corridor shall be prepared for use during the public involvement process. Deliverables: Two (2) Conceptual Urban Design Alternatives with Cost Estimates One (1) Urban Design Final Plan Landscape / Planting Plans and Specifications Two (2) Before and After Photo Renderings 10. Structural Design — San Engineering will provide miscellaneous structural detailing for the various urban design features such as monument signs, seat walls, and landscape walls. The landscape structures will be of a consistent architectural theme throughout the project. Two meetings in Windsor or Fort Collins are anticipated. The following assumptions are relevant to the above scope of work and costs: 1) Foundations for Art in Public Places Monuments are currently being designed by the City and will be utilized for this project. 2) The existing design for the pedestrian light poles foundations will be utilized for this project. 11. Electrical Design — ESC Engineering will provide miscellaneous electrical design for the various urban design features. This includes coordination with Fort Collins Light and Power for existing utility power locations, voltage and phasing for transformer sizing and locating. ESC will detail the electrical one -line diagram to define the electrical service characteristics for the pedestrian lights. Elevations of the electrical service equipment will be detailed to establish space requirements and assist with locating this equipment. ESC will detail the extension of feeders and control means to (5) lighted stone way finding markers. Specifications will be matched to the existing pedestrian lighting systems and photometric calculations will be provided. ESC will coordinate equipment requirements and voltage needs with Hines Irrigation and provide all specifications required to detail basic materials and methods for the installation of the electrical systems. It is assumed that street light designs will be provided by City of Fort Collins Light and Power and no traffic signal lighting is included. Three (3) team coordination meetings are included. 12. Irrigation Design — Hines Irrigation will provide irrigation design in support of the landscape design plans by BHA. Verification of Existing Site Conditions • As part of this task we will visit site to verify existing site conditions for planning future irrigation system requirements and equipment preferences. • Meet with the Owner's Representative and other members of the design team to confirm documentation on the proposed irrigation water tap locations and power availability for irrigation controllers. • Meet with a Representative of the approximately seven (7) properties that are believed to have existing irrigation systems to confirm the location of the existing irrigation water tap location(s), mainline size and location, controller size, and the type and location of sprinkler heads & drip irrigation located directly east of the project area. • We will obtain and adhere to City of Fort Collins Parks irrigation design standards and CDOT irrigation design standards. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 14 of 30 Obtain As -built drawings if available to document existing system equipment types, sizes, capacity, location, and pipe routing. Digitize as -built drawing information or notes gathered on -site into Irrigation Design Computer Program to match existing irrigation with new irrigation. • We anticipate one (1) visit to the site as part of this task. Irrigation Plan Design • The irrigation controller location (if required) and electrical power source location for this portion of the streetscape will be identified and coordinated. Water tap information (available pressure, meter requirements, etc.) will be documented as required. • Detailed irrigation design to the parkway areas and the existing median south of Willox will include; sprinkler layout, mainline and lateral pipe routing and sizing, drip irrigation valves and diagrammatic routing of drip laterals and remote control valve locations, and pots and planter drip irrigation. • Preliminary irrigation design to future medians will be completed as a part of this scope. Specific tasks include: sizing the irrigation meter to accommodate future watering requirements, sleeving to the median at appropriate intervals, controller sized for additional irrigation zones, & control wiring routed to, and stubbed out, at sleeving locations for future extension. • Provide design for new irrigation directly adjacent to the new sidewalk at approximately seven (7) properties that are believed to have existing irrigation systems. Our office will provide direction for the Contractor to adjust the existing private irrigation systems to accommodate the new improvements. • Our office will provide notation for the Contractor regarding existing irrigation to be demolished as a part of the scope of work to aid in the protection of remaining system adjacent to the project area. • A total of two (2) design meetings & three (3) team meetings are included in this task. • Deliverables: five (5) 11x17 sheets per CDOT standards.) Construction Specifications and Detail Development • Preparation of Irrigation details in the required format. • Preparation of Irrigation specifications per CDOT format. • Preparation of CDOT bid tab in Excel format. • Deliverables: one (1) detail sheet, and specifications 13. Preliminary Roadway Design — Interwest will prepare a set of preliminary roadway plans showing the proposed layout, right-of-way and temporary easement needs, (future) medians, striping, grading, drainage structures and centerline profile of the road. The preliminary vertical design of the roadway will be closely tied to the Drainage Study. Horizontal and vertical geometry will be established for the roadway with consideration for existing roadway grades and cross -slopes. It is assumed that full reconstruction will not be included and that the center lanes will remain as is. Vertical geometry will be coordinated Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 15 of 30 with the storm sewer design, future medians and existing features including driveways, buildings and parking areas. Preliminary roadway plans and profiles will be developed. Profiles will be developed along the sawcut line or at the edge of the existing concrete pavement. Based on the profile at the sawcut line and the proposed roadway cross -slopes, flowline profiles along the left and right flowlines and medians will also be developed. Geometry for auxiliary lanes and raised medians will be developed based on recommended auxiliary lane lengths, tapers, and widths, as defined by the Traffic Study. A preliminary grading plan and model will be developed to establish catch points and preliminary right-of-way needs. Vertical treatments to minimize property impacts at the back of the shared use path will be identified, if appropriate. Grading of the proposed driveways will be completed to establish acceptable grades and determine catch points within parking lots. Locations, widths, and grades will be confirmed during preliminary design. An evaluation of driveway / access consolidation will be performed per the US 287 / SH 14 Access Management Report. Preliminary intersection layouts will be prepared for Hibdon and Bristlecone. Truck turning movements will be investigated to establish curb return radii and median noses. Intersection sight distance will be evaluated. Curb ramps and crosswalks will be established. Intersection grading will be developed, with priority on North College Avenue grades and cross -slopes over intersecting street grades and cross -slopes. Design issues/impacts specific to individual properties and businesses will be evaluated to a preliminary level. Issues may include vehicle circulation, parking, vehicular access, business access, pedestrian circulation, sign relocations, and impacts existing landscaping. For the purposes of budgeting we have assumed individual site evaluations for thirty (30) properties. Property owner mitigation exhibits, as described in more detail below, will be prepared to illustrate evaluation results and proposed conditions. Interwest will incorporate revisions identified at the FIR into the plans and specifications and produce a set of Construction Documents. Deliverables: Four (4) half size Preliminary Plans (black and white, 11x17) One (1) PDF file of the Preliminary Plans One (1) Preliminary Cost Estimate One (1) Electronic copy of the Preliminary Project Specifications Book 14. Drainage Study — AECOM will be responsible for directing and accomplishing all drainage design tasks. The preliminary engineering task includes collection of drainage and utility data in addition to processing of utility pothole information designed to optimize the preliminary alignment and grade of proposed storm sewer and associated utility relocations. The preliminary design will consider impacts to property owners, elimination of a fragmented drainage collection system, and offer the City the best means for maintenance of City - owned infrastructure within public right-of-way. The finalized drainage improvements will include curb and gutter, storm sewer, stormwater management plans, stabilized outfalls, stabilized landscape surfaces, maintenance of a previously designed water quality pond in the Poudre River Floodplain, and relocated utilizes. Drainage design criteria will be based on Larimer County Urban Area Street Standards (LCUASS), CDOT Drainage Design Manual, and City of Fort Collins drainage criteria. Effort shall be made to ensure the compatibility of the designed improvements with Northeast College Corridor Outfall (NECCO) and North College Drainage Improvements Design (NCDID) to the extent feasible. A preliminary (FIR) and final (FOR) drainage report will be Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 16 of 30 prepared in accordance with the scope of services. Stormwater Management Plans (SWMP) including sediment and erosion control Best Management Practice (BMP) will be prepared to be in compliance with the Colorado Department of Public Health and Environment (CDPHE), construction activity and National Pollution Disposal and Elimination System (NPDES) stormwater pollution regulations. Deliverables: Two (4) Preliminary Drainage Reports Two (2) Final Drainage Reports, stamped One (1) PDF file of the Final Drainage Report, stamped 15. Final Roadway Design Plans — Interwest will prepare final roadway design plans for the project. The final design will include required plans, specifications, quantity take -offs, bid tabulations and cost estimates. Bid Tabs will generally include a summary of items, removals, storm water, sidewalk, curb and gutter, pavement, miscellaneous concrete, urban design, earthwork, landscaping and utility relocates. The plan set will generally include: • Cover Sheet • General Notes • Standard Plans List • Typical Sections • Survey Control and Tabulations • Boring Map • Pothole Map • Ownership Map • Removal / Utility Relocation Plan • Roadway Plans • Centerline, Median and Curb Flowline Profiles • Storm Sewer Plan and Profiles • SWMP • Grading Plan • Erosion Control Plan • Landscape and Irrigation Plans • Cross Sections • Signing and Striping Plan • Construction Phasing Plans • Construction Details After the FOR meeting, Interwest will incorporate all City and CDOT comments into the design plans and specifications and develop a final 99% complete review package for the City. These final review comments will be incorporated into the PS&E's prior to development of the "For Bid" Documents. It is also assumed that Interwest will provide general design assistance during the right-of-way acquisition process. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 17 of 30 Deliverables: Four (4) half size 90% FOR Plans (black and white, 11x17) One (1) PDF file of the 90% FOR Plans One (1) Electronic copy of the FOR Project Specifications Book FOR Bid Tab and Opinion of Probable Costs Four (4) half size 99% Construction Plans (black and white, 11x17) Four (4) half size "For Bidding" Plans (black and white, 11x17), wet stamped One (1) PDF file of the "For Bidding" Plans One (1) Electronic copy of the "For Bidding" Project Specifications Book Three (3) full size "For Construction" Plans (black and white, 22x34), stamped Four (4) half size "For Construction" Plans (black and white, 11x17), stamped One (1) 8.5x14 "For Construction" Plan, stamped One (1) PDF and One (1) CAD file of the "For Construction" Plans One (1) Electronic copy of the "For Construction" Project Specification Book, stamped 16. Specifications — AECOM will coordinate with all disciplines to prepare the Project Specification Book necessary for the bidding and construction of the project. It is assumed that all front-end documents will be provided by the City. 17. Public Involvement — The City will conduct up to three (3) Public Open Houses throughout the course of the design. The purpose of the meetings are to update the public, elected officials, and business community, including the NFCBA, on the proposed design, property impacts, schedule, funding, and scope of the project. The Interwest Team will prepare exhibits, a "frequently asked questions" (FAQ) hand-out, comment sheets, and sign -in sheets. We will also tabulate or summarize written comments and distribute the summary to City Staff. No workshop style, formal public meeting presentations, or one-on-one meetings are included in this scope of work. Additional meetings with property owners, the NFCBA and City Council are anticipated throughout the course of the design phases. Interwest will provide graphics and presentation materials, develop public mailers and media materials (to be mailed by the City), and attend / participate at all meetings. Interwest will prepare property owner exhibits (Mitigation Plans) for use during one-on-one coordination meetings with affected property owners. Exhibits will be provided in black and white, 8.5x11 formats. Elements that may be illustrated include property impacts, mitigation, circulation, landscape, irrigation, and access. For budgeting purposes, we have included up to thirty (30) exhibits. BHA Design will actively participate in the Public Involvement process, attending all Open Houses and Council meetings, along with an anticipated 20 property owner meetings. BHA will also provide graphic presentation materials of the urban design elements for the public meetings and will assist Interwest in the preparation of the Mitigation Plans relative to the urban design and landscape elements. The meetings included in this task include: • Individual Property Owner Meetings (30 properties at 3 meetings each = 90 meetings) • Open Houses (2 During Preliminary and 1 during Final) • NFCBA (1 during Preliminary and 2 during Final) Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 18 of 30 • City Council Meetings (2 during Preliminary and 1 during Final) Deliverables: Public Open House exhibits & materials FAQ handout Comment sheets Sign -in sheets Open House comment tabulation/summary Public Mailers and Press Release materials Property Owner Mitigation Plans (30) 18. Bid Tab, Quantities and Cost Estimates — Project quantities will be calculated. Item descriptions and units will follow CDOT format. Tabulations and a summary of approximate quantities will not be included in the FIR plans but will be for the FOR. Based upon these quantities, an engineer's opinion of probable construction cost for the proposed improvements will be prepared. City and CDOT historical data will be used to evaluate unit costs. Unit costs will be based on bid prices from projects of similar scope with similar locations and professional judgment. The opinion of probable cost is not intended to be used as a guaranteed maximum price. Costs will include construction costs only. Cost estimates will be developed at the FIR, FOR and 99% levels. Deliverables: Opinion of Probable Cost at the FIR, FOR and 99% phases 19. Right -of -Way Plans — Interwest will support the City in the development of Right -of -Way Plans which will be submitted to CDOT for review and approval. Interwest will determine new Right -of -Way along with permanent and temporary easement requirements. Interwest will provide drafting support to the City for the preparation of a separate ROW plan set according to CDOT standards, minus the monumentation sheets. Show all property owners, boundaries, easements as well as existing and proposed ROW lines for full length of project. All lines shall show bearing and length as well as station and offset. The ROW plan set shall provide complete survey data meeting the requirements of Colorado Revised Statute (CRS) 38-51-106 "Land Survey Plats" and be suitable for recording. The City will be responsible for the development of legals and exhibits, review of title commitments, establishment of existing ROW, easements and property lines, tabulation of monuments, Monumentation Sheets, signing and stamping the plan set, and the installation of CDOT monuments. Interwest will develop a ROW Draft Plan Set which will be submitted to CDOT and the City for review. Interest will attend a ROW plan review meeting and address the draft plans per comments received at this meeting. Meeting minutes will also be developed for this meeting. Revised Final ROW plans will be submitted to both CDOT and the City. Deliverables: ROW Draft Plan Set ROW Final Plan Set ROW Review Meeting Minutes 20. Quality Assurance and Quality Control (QA/QC) — Interwest and AECOM will oversee the Quality Assurance/Quality Control (QA/QC) review of project submittals for conformity with project requirements and guidelines. Submittals will be reviewed for conformity with City and CDOT Standards and overall completeness and accuracy. Our Team is committed to a philosophy and system of Quality Management that protects the entire team and ensures a successful project. Our Quality Assurance (QA) Program covers all activities from Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 19 of 30 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, Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City, and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Six Hundred Seven Thousand Eight Hundred Eighty -Nine Dollars and Seven Cents ($607,889.07) plus reimbursable direct costs. All such fees and costs shall not exceed Six Hundred Seventy Five Thousand Six Hundred Forty -Nine Dollars and Fifty -Seven Cents ($675,649.57) in accordance with Exhibit C consisting of two (2) pages attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 2 of 30 kick-off to closeout, including design, construction and documentation. For the Interwest Team, our CIA Program is intended to establish confidence among all concerned and that quality -related activities are being performed effectively. CIA assures the existence and effectiveness of procedures which attempt to make certain, in advance, that the expected levels of quality will be reached. Each component of the design is reviewed by senior Interwest staff before being forwarded to the City or CDOT for review. We provide independent peer reviews of all work products before submittals; however, we believe that CIA starts with the initial team meetings and is only really effective if it encompasses an on -going commitment to quality work. To help ensure a consistent work product, Interwest will provide the drafting for the civil related designs rather than having our team members preparing their own sheets. This will provide for a more consistent set of plans and yet another level of quality control and oversight of the design. 21. Project Management and Meetings — The project management necessary to keep the project on schedule and budget will be performed as part of this task. This includes the management of subconsultants and attendance at meetings. We have assumed that meetings will take place at the City offices and will be combined with other project activities to the extent feasible. If appropriate, meetings may be conducted via conference call. Interwest will be responsible for scheduling meetings, preparing meeting exhibits, participating in the meetings, preparation and management of the project schedule, and preparing and distributing minutes to record the discussions. The meetings included in this task include: • Team Progress Meetings (Bi-monthly for 14 months and monthly for 8 months) • Project Coordination Meetings (4 during Preliminary and 4 during Final) • Pre -FIR and the FIR Meeting (includes all submittals and meeting minutes) • Pre -FOR and the FOR Meeting (includes all submittals and meeting minutes) 22. Bidding Assistance — Interwest will assist the City with the bidding process. The City will be responsible for advertising the project and distributing the Construction Documents. Interwest will attend a pre -bid meeting with City Staff to answer questions from prospective bidders. Interwest will also be available to respond to questions and to assist the City with preparation of up to two (2) minor addendum during the bidding process. Deliverables: Written responses to questions, as necessary Two (2) minor addenda, as necessary Project Assumptions: The design work shall comply with the CDOT "Standard Specifications for Road & Bridge Construction", the Larimer County Urban Area Street Standards (LCUASS), and the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manuals. Variances from standards to bring the project within budget are likely — Interwest will coordinate with the City so that all parties are agreeable to design modification. • The procurement of any easements, rights of way, or permissions will be provided by the City. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 20 of 30 • The existing storm drainage system located at College and Hickory will serve the segment up to Willox. No redirections of drainage basins are anticipated with this scope. • Construction and Post Construction Services, including Record Drawings, are not included at this time but can be provided with an amendment to this agreement. The City has indicated that if so desired, a change order will be developed at the end of the project to include design support during construction. • City of Fort Collins Minor Amendments are not included for individual property modifications. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 21 of 30 -ww- T�tw -S.co . . - City. of Fort Collins P.O: om. 580 Fort Collins; Colorado 80522 EXHIBIT C COMPENSATION Brgect Cost Totals North College Improvements Project - Conifer to Willox P e 1 rd2 MFrgnar8rtn Aa � atlWent OMl ceilp pl CIIkG fC et Celoro.da 6AF NalOaLf Mn;meefy [Wn fW assHae hiA?l bxln loran." UrlliY IA.; alndera pelmauname. pillln pale ! Ip6f0 i' 61h I 9Ea r G1:p f p t )aif it, fERIYPb't^. "Yx'sS2.rav .tl :Y;rz C',.,yil :..'a e. Xa..,.•{' s']?:F-'..x _,E elcx rn M•nln :{'x-i>-;it O'337 33 arcelsircl�ded a a io F.F=3 NDS". 1"e B3s 'n. 3 `gAla43 UdbCwMinadon MeeCn ; E pa 'm °a' 1{. "E!60DS1' Pm earendinddan Meevn 3 B - 1584t$E:49941:' Prdlesa Me eon aBLwe•M farll rrba'AlonT fprBntiz. a :$lai.IfieBDNli Cobce.iai Horizontal and Vedkal Ap nrnents it rt @a '84ialG�23:A0! io io- so ao r w, i$.Llflt910,E4I PmPr.,.M 'l35na emen[FIR PM1au n° 1$vL t-131I401 rflti axon Flans 3e C 0Pro emea - b to [o N $ t 'tgf.29i Fro esamerMeeunY, (p00) FIR 4ro :ei me—wk.. POP.FIans -ai'la co9rdnadon n vo io aw '.8;.'_--9fE'IJ193d11.4590:! [IAanalismea FCR Phase fro» R.,ght ort•.av Flaro feo 8`*=12,191.1T POR Mes w I)i 1 $e=`7f4,32A.IP� PNbpc lnwNemem Meeunf 04n H-,t,l`rFC8A.Ciw Cmnan v I al0A 'o a rt '8!te1'0709 OII eld Comments Indvdn ars a .o a9 ;$ia8h9..022$2, Bidding A ssrnana f - Reimhunabbs5Z ,t^+EseosD ]'AECQr9 1_%..��'_.I. P• .. }: . rL72:_L'ra.aT _ iE' u '^ P C' f£ t p.. ci'w.`^r" F'r'aunda3on maTnm - PmettMe mom -II 4+'%;5769I' kN vest adM and $ 10.I0337, dReport Prfl Pnlimina 6nira e0ifi nand Re on $"9551033' FI!I S e5cca[idnvrq Esrma[ev {`s11q ass4' W-0 FIR Me�dnp .nmd FbalDola eDzsl Re ort $t20A9E.94'- Roal 5 edficadons and Eptimi[ea g I!{.7,Y�4173 FDRMBet gIRSi'3BlaY! G1 all Control/Cluall AnNrant! .ails AB7.p8 P burs ble E310 AYP09 fOsA7,5,...c;i'4y1BHA Des n P r SvnU Pho1=C.x moll Urban Des+n Ftins and Escrrafes "z'P,1f2Ef:W PNax I'-PnIMm •En ,no @ilno /FIR Documens ':5[Y;300d0i Phase I -NO, and SokMdlder In,oNem•nf i:12 M 5E' Phae 11-Foul Enld Stab WFOR Dpdvmeno - - - $&V'mao' Fhaa ll- PubScnd Stab M1ol er nvol+ement �5:81'69 PNase II - e tl Dowmenfi Phbee ll-edtlin Assidance � %!i3s 54'Ap'. ' Fiimpursables ___ � i$�tti3315,00 Pepe 2 of 2 IntrwealCmrl[Inf Grwp pECOM lOS Wez( PHA Oezlgn 'pw" H[II[A ton ($ /IGes' Cobrada WOW GRANotm4l Env4o. Asso[a(ex Lglnenln0 Inlposan grdert . `. _cv, xag Pm in Enilron:iv�xnl oe SC S. xiE9 B..::, ^*gyp. C,d« '$ m"'".dh "n !� -.^^x ' +. • , ..., ^t5. . �r?a,{, PI bn Mem z tT3960:04- 'fat3.348 RT 'jA*3,OY[.SP. HuaMWSK•ag! PM1asc IESA Hazirtlw5 N2ge-Piave 11 ESA S.A�SaEiJ24A0: SNtAP I HptcYwk Reerbuzablez '.E;:4,1fi5.npl 'L^.`H l'"ri+YOeMdhd orlarnk' ..eM+`i4u"".t4CVf�'T' � 4 t -:D E $62b1 R oma cOMcpp t� 460 sp? ' E'k`91R 00� 3$i,odo uD'. PRlxrina Fnaze Obzervatims. Preln,ma RraY EvaNapon PrNnnga Poau [10amenUlan 't�.3;I60.U0r. 4!S1S165Aur Prtlrmga Pnase Meelin z R dais bl z W BAN E.... menn HE :it.':i 'e ri4!T.GD+ix,'G�^4tJ( N'+4GIStd96"""'TMI' I`C.l Nk' y A 'i-!' h AL'3t 41i&tefiP.A-n 3i %,y, ?3i=•ii{J35Pa+: SP:cNralp_y n 3faa3rlHD; .Netpn sd rl Congm[4on N e[bonx Rnrrburaablez .SUINPDOlulentf7c`r 8e u19 E!d"ifa�w"'o'!tw#'{ktN'wt I50A0 l 3 E-d erlK k'°°Pri 7Ht �!, SE "i{udCx' m ^�•s�.n4"21r,ttpu Aloe., >D s.rdit i3`f 3;: Writ Pot lenPai,perevement vnm Flowin antl cnitl Fm[nmarea. unn Pothole in o'm a earn. $v20ID00,00'. Tralll[ConVol I6tl sjr a4'9'4500.DD Atlminivndpnn Cr,IlNGu fra a}dT:k'fve EsodA'-"c'I',;:-'�ua tS`$�,k9Wk.P[!EIr^4NI `i "aHG2`P ir#i' N31 "AE}Hi%Sa§'I' ii3's(!"'pi 4m r, 1t.',�'i!:'+mli GrA' •''R"k9dt`ai„`"'t""6"D r,;a."=�!y�i i•s 3:=Nk �;!4jd",'S'LtL'id€"f*IF'f!i SM)aaD DDtia,.„pG+gN'FI• Dtsr noeveln mein epnsvuamn op[pmenes ii�:u58.0o' Meet a s'.i:n2d:oDr Spetlphatanz — —_ '.EtdG$6E �0 P2�mbpr:able: s�lirsa4'a0` [paip a,,.J?'': IAeeln i jtfy y , n. pA6'r ':'$° D19 W Pnnnls/Forms Swr Conud - F8(11'.01A 00 T a Mc oeg n Icrwrne co 00 UndP rmrq VOdpes 5513.00D 00 Pm en' C—tr Searches E"420000 UIMN PONde Lmauonz OR5:40000. Rerrpwsables .1p:4,T10.00 ..1134 P"''NMeal lilbll °`?'{--t'n'.. ... `x4%fta 1 DIY' `-'Jry` ,>f 2a Y,„iFifYrt n.Yuid.kS`, 4"ii A Vni4alan of Erjmg S[e CaM pm. albs Plao 0e9 f' 1.250 W eOnmGcppns [drra6m5 and oerai oe.eapmedo 'Tq0 2s000 Rearovzdbl.a t": i',uuo al i�':'Daro labp $pblc[a R b rubl s h< ul 110.95].30 $ Il$.a89.� $ ;]e,ye50 $ 1,035.00d).39000 f 13.10000 $'i: `.60]d99Ai '�. f. ;3- �3>; ijaii mw., N f 616p p0 -7 • E IOB2300 �=a.'i 1 ...315 pp f t613]50 4F�'r Ai,�f Ei 16500 u't`4 E ISO W f 2i 30000 8 10000 !,t f 300000 xk "$,•1':'N $ ?MM 9 B] sAsi u�? F'trci'�� 9:t �'� i>� r�ti h I'1 yt*effl Sji' a +f I .y ' i� 2J1 Bp)q[ HBi:)60J0 nsfr'G',XPR`.-*^� i116,eBdbO 52819).OB v�'r`!G fi9A0000 ,,� {;'f,850.00 )i w ,; { 6230000, f>, .n }.t� if9A00A0 1 t d6,f9000� I q. ii.{.� i1]AOOAOr :t,Y}'�4, {te)B B4961-. Inlerwul A[[OM ]f6W BBHACezlpl pinym LHkA tm Esc Hbre Cdomdo ."), neuO z04[ Enrlro. Aszm/our EnpMeetlnO IMpmlm Emden EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 24 of 30 EXHIBIT D FEDERAL REQUIREMENTS DBE Definitions & Requirements Disadvantaged Business Enterprise Regulations 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. DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 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. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 25 of 30 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: hftp://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. 3. Requirements A. The use of UDBEs is an evaluation factor for consultant selection under Section 24- 30-1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal. B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the UDBE goal for the project. C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit. The consultant must submit all UDBE participation commitments on either CDOT Form #1330 (for NPS Contracts) or CDOT Form #1331 (for PS Contracts) with their SOI in order to receive the corresponding evaluation points. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 26 of 30 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. 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 Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 27 of 30 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 Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 28 of 30 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 91313 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. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 29 of 30 that the sub -contractors 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 "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in this section shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 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 Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 3 of 30 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. 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. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 30 of 30 CERTIFICATE OF LIABILITY INSURANCE IqDATE (MMIDDYryv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 PRODUCER Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 INSURED INTCON6 Interwest Consulting Group 1076 Lincoln Place Boulder CO 80302 COVERAGES CERTIFICATE NUMBER: 229069952 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSR SUBR WVp POLICY NUMBER POLICY EFF MM ID POLICY EXP MMIDD/YYYV LIMLIMITSLTR B GENERAL LIABILITY Y Y 6807444M622 11/14/2011 11/14/2012 EACH OCCURRENCE $2.000.000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR DAMAGE TO RENTED P MI aoccurrence E1,000,000 MED UP one rson) $10.000 PERSONAL B AOV INJURY $2,000.000 I I ❑ GENERALAGGREGATE $4,000.000 GEN'LL AGGREGATE LIMIT APPLIES PRODUCTS - COMPIOP ADD $4,000,000 OU Lam: C AUTOMOBILE LABILITY Y Y 13A7466M429 11/14/2011 1/14/2012 Ea emeent bINULL UM IT 1000000 X BODILY INJURY (Per Pelson) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PPReOPa.d tDAMAGE $ HIRED AUTOS X AUTTOSWNED $ B X UMBRELLA UAB OCCUR Y Y CUP1330T362 11/14/2011 11/14/2012 EACH OCCURRENCE 1 $1,000,000 AGGREGATE $1000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$10,000 1 $ B D WORKERS COMPENSATION AND EMPLOYERVLIABIUTY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED? NIA y XVMPJUB1339T93411 UB1341TO51 1/142011 4/2 14/2012 1/14/202 X WSTAUOTH- E.L. EACH ACCIDENT $1,000,000 E. L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If es, desmine uWar DESCRIPTION OF OPERATIONS below EL.DISEASE - POLICY LIMIT 1 $1.000.000 A Professional Liability DPR9695279 11/14/2011 11/14/2012 Per Claim $1,000.000 Claims Made Annual Aggregate $3,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adach ACORD 101, AddWonal Remade Schedule, N more apace la required) If required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability, Automobile Liability, Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers' Compensation. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and See Attached... 119JRURN City of Fort Collins, Purchasing PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -Iw © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: INTCON6 AC RORO D® LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Van Gilder Insurance Corp. NAMED INSURED Interest Consulting Group 1076 Lincoln Place Boulder CO 80302 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: zu FORM TITLE: Moyers Liability. North College Improvements Project - Conifer to Wllox _ itional Insured: City of Fort Collins, its officers, agents and employees; Colorado Department of Transportation (COOT) ACORD 101 © 2008 ACORD CORPORATION. All riahts reserved The ACORD name and logo are registered marks of ACORD 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 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, Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 4 of 30 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. 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 Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 5 of 30 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 D - Confidentiality, consisting of one (1) page, and Exhibit E — DBE Definitions & Requirements, consisting of six (6) pages, attached hereto and incorporated herein by this reference. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 6 of 30 ATTEST: City Clerk Assistant THE CITY OF FORT COLLINS, COLORADO FORTC% SEAL • N B- V James B. O'Neill I C PO, FNIGP AI rj Director of Purchasing & Risk Management �QLt�iiAO0 DATE: TING GROUP Title: VICE PRESIDENT Date: v 1 i l I i Z ATTEST: ::�vk&jj -,,I (Corporate Seal) Co pora a Secretary EXHIBIT A SCOPE OF WORK The scope of work for the preliminary and final phases of the North College Avenue — Conifer to Willox project are intended to provide design documents that will improve the safety, aesthetics and operation of the corridor now and in the long term. The Interest Team will work closely with City Project Manager to perform the work necessary to create preliminary and final plans for this project based on standard CDOT formats. Services that are anticipated include: 1. Photo Log — Interest will document each affected property frontage between Conifer and Willox relative to access, signage parking, utilities, landscaping, etc. Documentation shall include a comprehensive photo log of existing conditions and detailed notes regarding the current use of the property. Thirty-eight (38) properties anticipated. Deliverables: One (1) hard copy of the Photo Log with property descriptions One (1) PDF of the completed Photo Log .JPG files for the photos 2. Topographic Survey Meetings - 105 West will attend a survey kickoff and additional project meetings with the design team, the City of Fort Collins, the Colorado Department of Transportation (CDOT) and other appropriate agencies. 105 West has budgeted eight (8) hours for this task. Right -of -Way Permits - 105 West will apply for and obtain the necessary Colorado Department of Transportation (CDOT) and City of Fort Collins permits required to work within the public rights -of -way. For the purposes of this proposal, 105 West has assumed that all permit fees for permits from the City of Fort Collins will be waived. Survey Control - 105 West will establish approximately twelve (12) semi -permanent control monuments within the topographic design survey limits. Horizontal and vertical control will be based on the Colorado Department of Transportation Land Survey Control Diagram for Project Number AQC M455-079, which utilizes The City of Fort Collins Ground Master coordinates horizontally and NGVD 29 vertically. Topographic Design Survey (Ground) - 105 West will obtain, by field methods, existing, visible planimetric features and topography at a one -foot (1') contour interval along North College Avenue. At the client's request, the limits of the topographic Design Survey will extend from 100' north of Willox Lane south to Conifer Street. The width of the survey will be fifty feet (50') east and west of the proposed right-of-way for North College Avenue for a total width of between two hundred (200) and two hundred and fifty feet (250'). 105 West field personnel will make a separate effort to survey the intersections of Conifer Street/North College Avenue and Hickory Street/North College Avenue once the ongoing construction activities are substantially completed. As part of this task, 105 West will include survey for the platted alleyway between Conifer Street and Bristlecone Drive and locate the existing edge of concrete pavement during the original ground survey task as marked or exposed by City staff. A separate trip to locate the edge of concrete is not included. 105 West and Interest staff will walk the corridor with the City Project Manager after the ground survey is complete to verify all required features within the agreed upon limits as shown on Exhibit A were adequately located. 105 West will supplement the survey with items noted to be missing as part of this task. Items beyond those shown on Exhibit A may require an addendum to this contract. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 8 of 30 For the protection of 105 West field personnel, traffic control, where needed, will be provided by Triple R Traffic Control. The traffic control provided will meet all requirements of CDOT and the City of Fort Collins. All electronic deliverables will be provided in AutoCAD. In addition, 105 West will provide a stamped hardcopy of the final topographic survey. In addition to the topographic field survey, 105 West field personnel will obtain manhole invert information for the storm sewer and sanitary sewer systems existing within the topographic survey limits. 105 West will attempt to identify all gravity -fed utilities within private property, although these types of utilities may or may not be of record. For this reason, gravity -fed utilities may exist within private property that 105 West Feld personnel cannot survey by no fault of their own. Any indication and/or evidence of private utilities not of record that field crews happen across will be shared with the client for additional directives on how to proceed. Field personnel of 105 West, Inc., are strictly forbidden to enter any manhole or subsurface access to obtain invert elevations, pipe diameters, or directions of flow. Invert measurements must be obtained from outside of the manhole or invert. Underground Utilities - The firm of Underground Consulting Solutions will mark the underground utilities within the topographic design survey limits described above. As part of this task, Underground Consulting Solutions will attempt to identify all dry underground utilities within private property, although these types of utilities may or may not be of record. For this reason, underground utilities may exist within private property that Underground Consulting Solutions cannot locate by no fault of their own. Any indication and/or evidence of private utilities not of record that the locators happen across will be shared with the client for additional directives on how to proceed. Once the utilities have been marked, 105 West, Inc., will survey the paint mark locations. Property Corner Searches - Utilizing ownership mapping provided by The City of Fort Collins, 105 West field personnel will search for the property corners along the right-of-way for North College Avenue. For this task, 105 West has assumed that the ownership mapping provided to us will be useable in AutoCAD. Rear lot corner searches are not a part of this task at this time. Any corners successfully located will be surveyed and described in detail for future reference. Utility Pothole Locations - For the purposes of this proposal, 105 West anticipates surveying a total of one hundred and fifty (150) potholes in two separate phases consisting of a total of four (4) separate mobilizations. In the first phase of potholing, 105 West will locate one hundred twenty-five (125) utility potholes locations after the potholes have taken place and have been covered. In the second phase of potholing, 105 West will stake out in advance twenty-five (25) utility potholes locations as identified by the design team. Field measurements down to the located utilities will be provided by others. Deliverables: One (1) signed and stamped hard copy of the design survey One (1) electronic AutoCAD files of the survey 3. Utility Potholes — Colorado Utility Finders (CUF) will provide potholing of existing utilities at specified locations within the project limits. It is estimated that 125 potholes will be completed initially with 25 additional potholes reserved once a more detailed utility plan is developed. CUF will provide all necessary traffic controls as part the pothole operations. 120 potholes are anticipated to be located in existing asphalt paved areas and no potholes will be performed in the existing concrete roadway. These potholes will have temporary metal plates placed on the holes until such time as the holes are filled with flow fill and an asphalt cold patch installed. The remaining 30 potholes are anticipated to be in dirt areas. Professional Services Agreement 7394 N College Improvements Project — Conifer to Willox Page 9 of 30