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HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - CONTRACT - RFP - P1143 QUIET ZONE STUDY (2)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 Felsburg Holt & Ullevig, 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 fol lows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) 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 Decem ber 31, 2012. Ti me 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 i n said notice unless otherwise agreed in w riting by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: P1143 Quiet Zone Study Phase 11 Page 1 of 10 EXHIBIT C COMPENSATION NOTES: 1. Fee estimate is based on tasks identified in the BNSF Quiet Zone Study -Phase 2 Scope of Work, dated July 18, 2012. 2. This fee estimate was developed based on the FHU 2012 Rate Schedule for time and materials. Thomas W. Anzia, P.E. Principal P1143 Quiet Zone Study Phase 11 Page 10 of 10 ACORO® CERTIFICATE OF LIABILITY INSURANCE DAT2'072 DYYYY) 7/24/20 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 certificate holder in lieu of such endorsement(s). PRODUCER Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 CONTACT NAME: PHONE FAX I.JAIL xt FAXNo ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A:HARTFORD INS CO 37478 INSURED INSURERB:XL Specialty Insurance 7$ INSURERC:The Phoenix Insurance Company25623 Felsburg Holt & Ullevig, Inc. 6300 S. Syracuse Way, #600 Centennial CO 80111 INSURER D:TRAV ER D CO?5682 INSURER E : INSURER F:TravelerS Indemnity Company C 5658 COVERAGES CERTIFICATE NUMBER: 1238347519 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 LTR rypE OF INSURANCE ADDLSUBR INSR WVD POLICYNUMBER POLICY EFF MM/DDMF POLICY EX MMIDD= LIMITS C GENERAL LIABILITY Y Y 8022781-711 /21/2012 /21/2013 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL LIABILITY DAMAGE TOR ENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 CLAIMS -MADE [K] OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY x PRO- LOC $ D AUTOMOBILE LIABILITY Y Y BA30081-260 /21/2012 /21/2013 Ea accident $1,000,000 x BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ x NON -OWNED HIRED AUTOS x AUTOS PROPERTY DAMAGE Per accident $ $ F X UMBRELLA LIAB X OCCUR Y Y CUP6540Y22A /21/2012 /21/2013 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 EXCESS LIAB CLAIMS -MADE DED x I RETENTION$10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A y 34WEGPP3731 /21/2012 /21/2013 X ZSTATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability Claims Made DPR9699687 /21/2012 312112013 Per Claim $2,000,000 Annual Aggregate $5,000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) As 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; Designated Insured under Automobile Liability; and Additional Insured under 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 See Attached... CERTIFICATE HOLDER renlr.Fl I ATlnnl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. Amy Lewin PO Box AUTHORIZED REPRESENTATIVE Fort Collinsns CO 80522 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Van Gilder Insurance Corp. POLICY NUMBER Felsburg Holt & Ullevig, Inc. 6300 S. Syracuse Way, #600 Centennial CO 80111 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability, Automobile Liability and Employers Liability. City of Fort Collins, its officers and employees are additional insureds. ACORD 101 (2008/01) v ZUutt AL UKLJ I�UKrVKA I IUIV. AN ngms reserveu. The ACORD name and logo are registered marks of ACORD Professional: City: With Copy to: Felsburg Holt & Ullevig City of Fort Collins City of Fort Collins, Purchasing Attn: Stephanie Sangaline Attn: Amy Lewin PO Box 580 6300 S Syracuse Way, Suite 600 PO Box 580 Fort Collins, CO 80522 Centennial, CO 80111 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such term ination. 5. Desicin, Project Indemnity and Insurance Responsibility. The Professional shall be responsible forthe 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 Exhibit C, consisting of one (1) page, attached hereto and incorporated herein with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Ninety Thousand Dollars ($90,000). 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 P1143 Quiet Zone Study Phase 11 Page 2 of 10 the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. 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 shal I become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shal I make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. 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 paym ent request. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. 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. 10. 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 P1143 Quiet Zone Study Phase 11 Page 3 of 10 a waiver of any rights or benefits provided to the City under this Agreement. 11. 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. 13. 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. 14. 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 P1143 Quiet Zone Study Phase 11 Page 4 of 10 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. 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 performi ng work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this s ection 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 consequenti al damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. 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. P1143 Quiet Zone Study Phase 11 Page 5 of 10 THE CITY OF FORT COLLINS, COLORADO Bv- Jame . O'Neill II, CPPO, FNIGP .-,-,e irector of Purchasing & Risk Management DATE: 4 ATTEST: City Clerk ,r APPROVED AS TO FORM: Assistant Cit`Afforney i FELSBURG HOLT & ULLEVIG By. Title: } 05, �a ; CORPORATE PRESIDENT OR VICE PRESIDENT Date: I I z-!:> 117 — (Corporate Seal) P1143 Quiet Zone Study Phase 11 Page 6 of 10 EXHIBIT A SCOPE OF WORK The following Scope of Work is provided for completion of the Phase 2 portion of the Fort Collins Quiet Zone Study to include crossings of the BNSF Railway from south of Laurel to Trilby Road. This Study will reference the Phase 1 Study for discussion regarding Old Main and Laurel and strategies for corridor -wide Quiet Zone compliance. The Scope of Work for this study effort i ncludes the following tasks: A. Existing & Post-BRT Conditions Summary 1) Professional will utilize the final construction plans for the Bus Rapid Transit (BRT) project to identify roadway and traffic improvements to be completed at each crossing as part of the BRT project. 2) Professional will review the BRT railroad infrastructure listforeach crossing to verify new or upgraded equipment to be installed as part of the B RT project. 3) Professional will review traffic signing and striping to be completed at each crossing as part of the BRT project, to determine additional signing or striping that may be required for Quiet Zone establishment. 4) Professional will summarize the existing and Post-BRT crossing conditions for inclusion in the Study Report. B. Field Site Review/Crossing Photos 1) Following completion of the existing conditions summary, Professional will conduct a field review of each crossing to identify any additional safety concerns that may need to be addressed for Quiet Zone compliance (sight distance limitations, pedestrian movements, lighting, etc.). 2) Professional will take updated crossing photos at each crossing for inclusion in the Study Report. 3) Professional will be available to meet with the City at this time to discuss any specific concerns regarding any of the crossings. C. Confirmation of Quiet Zone Treatments 1) Professional will discuss the Existing & Post-BRT Conditions Summary with BNSF and BNSF's signal consultant, CTC, to determine additional signal elements and/or railroad infrastructure necessary for Quiet Z one establishment. 2) Professional will review the Federal Railroad Administration Final Rule regarding Quiet Zone treatments and establishment to confirm that anticipated crossing treatments at the study crossings are adequate and compliant with the Rule. 3) Professional will review the 2009 Manual on Uniform Traffic Control Devices for required placement of anticipated crossing treatment elements D. Development of Concept Crossing Improvement Exhibits 1) Professional will obtain the City's aerial base mapping for use in development of the concept crossing improvement exhibits. 2) Professional will obtain the City's BRT design information for each crossing to use along with the aerial base mapping to reflect the post-BRT as -built condition at each crossing. Concept crossing improvements at each crossing will show signal, signing, striping and P1143 Quiet Zone Study Phase 11 Page 7 of 10 railroad infrastructure necessary for Quiet Zone establishment that is in addition to the improvements constructed as part of the BRT project. Essentially, the Quiet Zone concepts will assume the BRT project improvements are constructed, and are the existing condition. 3) Professional will develop concept improvements for each at -grade pedestrian or private crossing that is not associated with an at -grade public roadway crossing. E. Draft Report 1) Professional will compile the Draft Study Report to include the fol lowing information: a. Existing & Post-BRT Conditions Summary b. Quiet Zone Requirements c. Development of Quiet Zone Improvements d. Concept Crossing Improvement Exhibits e. Implementation Plan (Suggested Phasing and Potential Funding) f. Opinion of Conceptual Costs g. Appendix (FRA Inventory Reports; Relevant BR Project Information) F. Report Submittal/City Review 1) Professional will submit the Draft Study Report to the City for review by City Staff and City Council in anticipation of a December Working Session. 2) Professional anticipates fifteen (15) hard copy reports for City s ubmittal. G. City Council Work Session 1) Professional will attend the City Council Work Session. 2) Professional will prepare information for discussion or presentation at the Work Session, if needed. H. Finalize and Submit Report 1) Professional will incorporate comments received from City Council into the Final Study Report. 2) Professional will prepare six (6) hard copy reports, each to include a CD electronic version of the report. I. Meetings 1) Professional will be available for up to two project and/or coordination meetings during the development of the Study Report. J. Agency Coordination/Project Management 1) Professional will coordinate with the BNSF Railway, CTC, Colorado Public Utilities Commission (PUC) and Federal Railroad Administration (FRA) to discuss anticipated improvements for Quiet Zone establishment and identify any potential concerns that may need to be identified within the study. Proposed Schedule: 1) Professional anticipates completion of the Draft Study by end of November 2012, with the Final Study complete by end of December 2012. 2) The schedule assumes an approximate Notice to Proceed date of August 1, 2012. 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