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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1018 CONSULTING ENGINEERING SERVICES FOR HARMONY RD IMPROVEMENTS SENECA ST TO COLLEGE AVEAdministrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com City of Fort Collins P1018 Consulting Engineering Services for Harmony Road Improvements Seneca St to College Ave. ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: P1018 Consulting Engineering Services for Harmony Road Improvements Seneca St to College Ave OPENING DATE: 3:00 P.M. (Our Clock) May 22, 2006 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. DELETE: Section 2.2.2: Intersection Analysis: An intersection analysis, including a roundabout analysis, has been prepared as a part of the conceptual work that was done in 2000-01 and as required for the CMAQ application. The Consultant will be required to update this analysis using current traffic counts and data. ADD: Section 2.2.2: Intersection Analysis: The Consultant Team will prepare a Traffic Analysis for the Harmony-Shields intersection to evaluate access needs, geometrics and safety considerations. A roundabout analysis has been prepared as a part of the conceptual work that was done in 2000-01. The Consultant will be required to update this analysis using current traffic counts and data. DELETE: Section 2.3: Project Requirements: The consultant shall meet the City Traffic Department’s requirements for a detailed update of the existing Traffic Study. The results of the Traffic Study shall be used for the pavement design and to adequately size turn lanes, access points, and intersections. The Traffic Study should address all modes of travel and should account for anticipated traffic from Front Range Community College and developable parcels of land adjacent to the intersection. ADD: Section 2.3 Project Requirements: The consultant shall meet the City Traffic Department’s requirements for producing a detailed Traffic Study. The results of the Traffic Study shall be used for the pavement design and to adequately size turn lanes, access points, and intersections. The Traffic Study should address all modes of travel and should account for anticipated traffic from Front Range Community College and developable parcels of land adjacent to the intersection. DELETE: Section 2.3 Project Requirements: Special requirements for the Harmony / Shields Intersection The consultant will be responsible for preparing documents in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA). For NEPA documentation the project will likely qualify as a Categorical Exclusion (Cat Ex). ADD: Section 2.3 Project Requirements: Special requirements for the Harmony / Shields Intersection The consultant will be responsible for preparing documents in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA). For NEPA documentation the project will likely qualify as a Categorical Exclusion (Cat Ex). The following list of requirements may not be inclusive. PREBID ATTENDEE LIST ATTACHED Please contact John D. Stephen, CPPO, CPPB, at (970) 221-6777 if you have any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1018 CONSULTING ENGINEERING SERVICES FOR HARMONY ROAD IMPROVEMENTS SENECA STREET TO COLLEGE AVENUE The City of Fort Collins is seeking proposals from qualified consultants for roadway design services for West Harmony Road Improvements, including the Harmony Road and Shields Street intersection. Please submit five (5) copies of the written proposals to the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), May 22, 2006. Proposal No. P1018. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre-proposal meeting regarding this project will be held at 2:00 P.M. May 11, 2006 in Conference Room 2E, located at 215 N. Mason St. in Fort Collins. Questions concerning the scope of the project should be directed to Dean Klingner, Project Manager, (970) 221-6605. Questions regarding proposals submittal or process should be directed to John Stephen, CPPO, Senior Buyer (970) 221-6777. A copy of the Request for Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Conceptual design plans prepared by JR Engineering, LLC, are available for download in CAD format on our webpage at www.fcgov.com/purchasing. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management REQUEST FOR PROPOSALS P1018 CONSULTING ENGINEERING SERVICES FOR HARMONY ROAD IMPROVEMENTS SENECA STREET TO COLLEGE AVENUE Section 1.0: Proposal Requirements 1.1 Purpose The City of Fort Collins is soliciting proposals from qualified consultants for roadway design services for the West Harmony Road Improvements Projects. The successful proposer will address all of the tasks, issues, and requested information in their proposal, possess the requisite skills and manpower necessary to produce a high quality project on time and on budget, and be motivated to work with staff, citizens, and governing bodies to accomplish the project goals and objectives. 1.2 Proposal Submittal • The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. • Firms submitting proposals shall submit five (5) copies of their proposal. • Qualified consultants interested in performing the work described in this request for proposals should include the following information in the Proposal. 1. Qualifications of the firm and staff proposed to perform the work on this project. This needs to include resumes of staff members to be used specifically on this project along with their billing rates and title, and any anticipated subcontractors. 2. A list of similar projects completed in the last five years. 3. A detailed engineering services fee estimate for the conceptual, preliminary and final design and management of the project including a cost break down of hourly rates, number of hours assigned for each task of work for all personnel and sub-consultants, and a detailed tabulation of reimbursable costs. Hourly rates and unit costs will also be provided for Construction Administration. A list of proposed project personnel including title and hourly rates will also be required. 4. A schedule that shows the anticipated time frame for each item shown in Section 2.3 that meets the overall project schedule in Section 2.4. 5. References from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. The projects listed as references for the firm and staff are not required to be the same. As part of the reference check process, the City may choose to visit one or more of the listed projects and/or request a copy of the plans and documentation completed. 6. Sample plan and profile sheets of a similar project should be included in each submittal. Sample sheets shall be half size (11”x17”) copies. 7. Limit the total length of your proposal to a maximum of 40 pages (excluding covers and dividers). The Director of Purchasing and Risk Management may reject proposals received that are longer than 40 pages in length. 1.3 Contacts Questions related to procedures should be directed to: John Stephen – CPPO, Senior Buyer City of Fort Collins Purchasing 215 N. Mason Street P.O. Box 580 Fort Collins, CO 80522 Phone 970-221-6775 E-mail jstephen@fcgov.com Questions related to the scope of work should be directed to: Dean Klingner – Project Manager City of Fort Collins Engineering 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 Phone 970-221-6605 E-mail dklingner@fcgov.com John Lang -- Project Director City of Fort Collins Engineering 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 Phone 970-221-6605 E-mail jlang@fcgov.com 1.4 Pre-proposal Meeting A pre-proposal meeting regarding this project will be held at 2:00 P.M. May 11, 2006 in Conference Room 2E, located at 215 N. Mason St. in Fort Collins. Oral interviews and presentations for the top three proposers are expected to be held on the week of June 5, 2006 with work beginning ASAP. Section 2.0: Scope of Work 2.1 Background West Harmony Road is a major east-west arterial route in the City of Fort Collins. The project area has seen substantial residential and commercial development in recent years and also serves the major destinations of Front Range Community College and the City of Fort Collins Public Library. Numerous sections of the corridor have been widened, but due to substantial gaps, the roadway generally functions as a two-lane street through most of this section. Many sections also lack adequate sidewalks and bike lanes. The Harmony/Shields intersection produces long delays and has one of the highest accident rates in the City. For these reasons, improvements to this corridor have been prioritized by the City of Fort Collins. In 2005 the voters of Fort Collins approved a sales tax dedicated to funding a group of capital improvement projects labeled “Building on Basics 2005.” The West Harmony Road Improvements– Seneca to College project is part of this funding package. The main goals of the project are to increase arterial roadway capacity, improve levels of service and improve safety for all modes of travel along West Harmony Road from Seneca Street on the west to College Avenue on the east, including the Harmony Road / Shields Street intersection. In addition to the Building on Basics funding there is also funding allocated to this project from Street Oversizing Development fees and from a Federal Congestion Mitigation and Air Quality (Federal-CMAQ) grant. The three project funding sources are summarized as follows: Building on Basics sales tax (approximately $3.9 million); Street Oversizing Development Fees (approximately $4.1 million); and Congestion, Mitigation, and Air Quality (Federal-CMAQ) funds (approximately $700,000). The City of Fort Collins has conceptual design plans that JR Engineering, LLC prepared for the City in 2000-2001 can be downloaded in CAD format from our webpage at www.fcgov.com/purchasing . It is anticipated that the selected Consultant will be able to update and incorporate the existing design as a starting point for the design. 2.2 General Project Description The project consists of the following three main components: 1. Conceptual, Preliminary, and Final Arterial Roadway Design for West Harmony Road from approximate 600-feet east of Seneca Street to Mason Street. 2. Arterial-Arterial intersection design for the Harmony / Shields intersection. 3. Conceptual Roadway Design for West Harmony Road from Mason Street to College Avenue. 4. The State of Colorado will be listed an additional insured in the agreement. Based on several factors including funding sources, construction issues, traffic control issues, and right of way acquisition, the City anticipates that the consultant will be required to produce two, possibly three, separate bid packages plus a conceptual design and estimate for the section from Mason to College. However, the intent of the project is to have a single Design Consultant manage the design of the entire corridor from Seneca to College. This will allow for consistent design and budget decisions and allow for logical transitions between the project phases. Also, this will permit the Design Team to manage the issues listed below in a consistent and coordinated manner: • funding allocation, • right of way acquisition, • proposed design concepts, • public involvement, • coordination with utilities and other affected interests, and • Construction timing and sequencing. The three components of the project are described in more detail as follows: 2.2.1 W. Harmony Road from Seneca Street to Mason Street Limits: The scope of the project will be to design a 4-lane arterial street from approximately 600-feet east of Seneca to Mason Street. Funding: This section of roadway improvement is funded partially by the Building on Basics sales tax and partially by Street Oversizing Development Fees. The design shall be based on the current Larimer County Urban Area Street Standards (LCUASS) and the plan set will meet typical City standards. Scope of Improvements: The scope of improvements will be determined by the outcome of the Conceptual Design process. The design will be based on LCUASS, but it is expected that several cross-section alternatives will be evaluated. A notable design issue is the crossing of the Burlington Northern Santa Fe (BNSF) Railroad tracks. 2.2.2 Harmony Road / Shields Street Intersection Limits: The scope of the project will be to design a 4-lane arterial – arterial intersection. The limits of this project will be along Harmony Road from Starflower Drive to Regency Drive and along Shields Street from Wakerobin Drive to Clarendon Hills Drive. The intersection limits will include transitions to the North and South and coordinated transitions with the Harmony Road design to the East and West. Funding: A CMAQ grant has been awarded to the City for at least part of the construction of this intersection. Therefore, the Contract Documents will need to be prepared in CDOT format and the Right-of-Way acquisition process will need to meet all applicable State and Federal regulations. Intersection Analysis: An intersection analysis, including a roundabout analysis, has been prepared as a part of the conceptual work that was done in 2000-01 and as required for the CMAQ application. The Consultant will be required to update this analysis using current traffic counts and data. Scope of Improvements: The scope of improvements will be determined by the outcome of the Conceptual Design process. The City anticipates that several geometric and pavement (concrete vs. asphalt) alternatives will be evaluated. 2.2.3 W. Harmony Road from Mason Street to College Avenue Limits: The scope of the project will be to conceptually evaluate upgrading the existing Harmony Road street section to Arterial Standards between Mason Street and College Avenue. Coordinating alignment with the proposed Harmony Road Project and with the future and existing Harmony/College intersection, as well as impacts to existing private property will be major design issues for this section. Funding: This section of roadway improvement is funded by the Building on Basics ¼-cent sales tax. The design shall be based on the current LCUASS. Scope of Improvements: The anticipated deliverable for this sections is a separate conceptual design report evaluating options for upgrading this section of Harmony Road to Arterial Standards and, in particular, to adding bike lanes. A recommended alternative and a detailed cost estimate will be required. Future College/Harmony Intersection Design: The City may elect to extend this contract at a future date to complete the design of the College Avenue & Harmony Road intersection. Consultants should address their ability to perform this task in their proposals. 2.3 Project Requirements Conceptual Engineering Design Because extensive design and survey work has been completed on most of the project corridor, the Conceptual Design Phase is anticipated to be significantly abbreviated. Key components of this phase are listed below. • The consultant shall become familiar with the existing design and survey previously prepared for the City. • The consultant will be provided with topographic survey information from 2000. The City surveyors will be available to update the data. New survey data will have to be acquired for the section from approximately the BNSF Railroad tracks to College Avenue. The consultant will produce the updated digital terrain model and existing topography from the raw survey data. • The consultant shall conduct detailed research to update the existing utility information. • The consultant shall conduct detailed property research including property ownership, property line information and current tenants to update the existing data. • The consultant shall meet the City Traffic Department’s requirements for a detailed update of the existing Traffic Study. The results of the Traffic Study shall be used for the pavement design and to adequately size turn lanes, access points, and intersections. The Traffic Study should address all modes of travel and should account for anticipated traffic from Front Range Community College and developable parcels of land adjacent to the intersection. • Master drainage plans, and interim and ultimate storm water plans and reports for the area will be researched and reviewed by the consultant for incorporation into the Conceptual Design. • At the completion of this phase, the consultant shall prepare conceptual drawings, current land ownership and land acquisition needs, and contain a conceptual level construction estimate for the alternatives. The plans and specifications shall be approximately 50% complete. • An Open House will be held within the first three months of the project. • The goal of the Conceptual Design phase will be to evaluate and reach consensus on the following: 1. Horizontal roadway geometry and typical sections for the entire corridor 2. Intersection geometry and limits of concrete paving 3. Construction phasing and anticipated construction schedule 4. Storm Drainage requirements 5. Anticipated Right of Way needs 6. Total project cost estimates 7. Utility inventory, with proposed relocations Special requirements for the Harmony / Shields Intersection The consultant will be responsible for preparing documents in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA). For NEPA documentation the project will likely qualify as a Categorical Exclusion (Cat Ex). These Documents will be in CDOT’s format and presented to CDOT for review and submittal to FHWA for the following clearances as applicable: • Threatened or Endangered Species It is anticipated that City Staff will perform this clearance. • Wetlands It is anticipated that City Staff will perform this clearance. • Section 404 Permitting It is anticipated that City Staff will perform this clearance. • Mitigation/Wetland Findings It is anticipated that City Staff will perform this clearance. • Noxious Weeds It is anticipated that City Staff will perform this clearance. • Hazardous Materials An initial site assessment will be conducted to determine if any hazardous materials may exist in the project area. • Storm water Discharge Permit Associated with Construction Activity (CDPS) During construction if one acre or more of earth disturbance is anticipated a CDPS permit is required. A Storm Water Management Plan (SWMP) is one of the requirements for the CDPS permit. All SWMP’s must be approved by Cathy Curtis, CDOT R-4 Landscape Architect (303.757.9174). Cathy Curtis must also approve any seeding mix used for revegetation within CDOT right-of-way. • Air Quality It is anticipated that City Staff will perform this clearance. • Noise Analysis A noise analysis will be conducted if the project is adding capacity or significantly changing current roadway design. The analysis will be compatible with 23 CFR 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise, Federal-Aid Policy Guide Transmittal 19, 10-16-1997, Subchapter H – http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0772.htm and the procedures outlined in the CDOT Noise Analysis and Abatement Guidelines, December 1, 2002 or most recent version. • Farmlands Farmland acres to be impacted will be calculated and the AD 1006 form will be completed and submitted to the appropriate NRCS office. Preliminary Engineering Design • The deliverables for the preliminary design phase will be a refined detailed set of design plans (approximately 75% complete). Components of the design will, at a minimum, include horizontal and vertical alignment, right-of-way needs, road cross sections, existing utility locations, utility conflicts, modifications and relocations, existing structures, landscaping, drainage, and detailed cost estimates. • The consultant will verify both the vertical and horizontal locations of all utilities through potholing. The consultant will be responsible for cooridinating with the Project Manager to schedule the City survey crews to survey in the potholed utilities. • The consultant will arrange a Utility Coordination Meeting with all utilities impacted by the project. Individual meetings with each utility may also be necessary. All utility conflicts must be identified and preliminary relocation and removal plans must be coordinated through the appropriate utility companies. • The consultant will prepare a preliminary drainage report. The City of Fort Collins Storm Water criteria will be followed in the report preparation. The drainage report shall address all historical storm water crossings and any storm water master plans that encompass the area as well as analysis of the roadway drainage. • The consultant will be required to coordinate with the City Surveyor and City Real Estate Services for the identification and acquisition of right-of-way and easements. The City Surveyor will prepare the right-of-way and easement exhibits and descriptions. • The Consultant Teams shall include personnel qualified to complete the Federal acquisition process. This includes, but is not limited to, apprasials, right-of-way plan preparation, and negotiations. The City anticipated that City Real Estate Services will perform the negotiations on parcels not affected by Federal Funds. • All geotechnical investigation services required for the design of this project will be provided by the consultant. These services will include subsurface exploration for the roadway, soils report, and a pavement design report. Testing for sulfates may be required. • The consultant must provide detailed written monthly progress reports and minutes of project meetings throughout the duration of the design. The progress reports will be part of the billing submitted monthly throughout the entire project. • At the completion of this phase, the consultant shall provide the City with up to three (3) full-size and eleven (11) half-size sets of review plans. The plans should be approximately 75% complete. • The consultant shall prepare a construction estimate with as much detail and accuracy as possible. • An open house is anticipated at the end of preliminary design with exhibits detailing the proposed design. Final Design • During this phase, the consultant will be required to provide complete detailed design plans for the project. The scale of all full size drawings should be no smaller than 1”=20’ and be in compliance with the Larimer County Urban Area Street Standards • The consultant will prepare a final drainage report. The report will incorporate any changes made between the preliminary and final design phases and address all comments from the preliminary drainage report review. • The consultant will be required to prepare all applications for necessary design approval or construction permits. • The consultant will be required to prepare contract documents and specifications. The contract documents will contain the EJCDC General Conditions. The City will assist the consultant with modifications to the General Conditions. • Near the completion of final design, the consultant shall provide the City with up to three (3) full-size and eleven (11) half-size sets of review plans, cost estimate and specifications. The plans should be approximately 95% complete. The consultant shall implement comments from the City and other affected agencies and incorporate necessary modifications into the final set of “bid” documents. The consultant shall provide the City with final bid documents in electronic format as well. • The consultant shall also provide to the City Surveyor a “design drawing” in AutoCAD in a City compatible version that contains all of the design elements contained in the plan set which will allow the City survey crews to provide construction staking. This drawing must maintain the coordinate base established during the initial topographic survey (e.g. horizontal and vertical alignments). • During project bidding, the consultant will attend the project Pre-Bid Meeting and provide bidding assistance prior to the bid opening. The consultant will also assist in evaluating contractor bids. • The consultant will revise the “bid plans” as necessary based on addendums or discrepancies noted and issue a full size (24” x 36”) original, P.E. stamped and signed Mylar plan set and specification book. These plans will be produced after the contractor has been selected and the plans will be noted “For Construction.” Construction Administration Depending on City staff workload and other factors, the City may elect to extend the Contract for the selected Consultant to perform Construction Administration assistance. Anticipated tasks may include the following: • Submittal review and field inspection. The Resident Project Representative must be qualified and pre-approved by the City. • Preparation of weekly progress reports as well as daily logs. • The consultant may also be required to produce “as constructed” drawings on Mylar, P.E. stamped and signed, at the completion of the project. Final drawings shall also be submitted on compact disk. All material submitted at the completion of the project shall become property of the City of Fort Collins. • Proposals shall include a section dedicated to the proposing team’s experience, willingness, and qualifications to perform Construction Administration duties. The City requires that Consultants maintain contract-established billing rates for this extension. 2.4 Project Schedule It is expected that the design of this project will begin in the summer of 2006 and be completed by early 2007. The City’s goal is to have a substantial portion of the construction completed in 2007. Section 3.0: Terms and Conditions The payment for services, as described under the Scope of Services, shall be based upon hourly rates as outlined in the submitted cost schedule/estimate. The submitted cost estimate shall establish a “not to exceed” amount for the contract. Any changes in scope to the original contract will be treated as a negotiated change order to the contract. Reimbursables will be at cost. Section 4.0: Evaluation REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 12 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 13 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 _____, [insert either a corporation, a partnership or an individual, doing business as____________], hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of _____ (_____) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 _____ (_____) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within _____ (_____) days following execution of this Agreement. Services shall be completed no later than _____. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least 14 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: In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of ___________. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay 15 Professional a fixed fee in the amount of _____ ($_____) plus reimbursable direct costs. All such fees and costs shall not exceed _____ ($_____). The parties acknowledge that ________, _______, ________, and ________, are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rates paid by the City to the Professional for these services. If the amount charged by these subcontractors exceeds the rates listed in Exhibit “C” the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit “C” including subcontractor rates. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: _____ Reimbursable direct costs: _____ with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed _____ ($_____). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made 16 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. [Optional] 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 quality, prepared on stable mylar base material using a non-fading process to prove for long storage and high quality reproduction. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation 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 17 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, personal representatives, successors and assigns of said parties. 18 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. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of _____ (_____) page[s], attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as ____[insert name of business] By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1018 CONSULTING ENGINEERING SERVICES FOR HARMONY ROAD IMPROVEMENTS SENECA STREET TO COLLEGE AVENUE The City of Fort Collins is seeking proposals from qualified consultants for roadway design services for West Harmony Road Improvements, including the Harmony Road and Shields Street intersection. Please submit five (5) copies of the written proposals to the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), May 22, 2006. Proposal No. P1018. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre-proposal meeting regarding this project will be held at 2:00 P.M. May 11, 2006 in Conference Room 2E, located at 215 N. Mason St. in Fort Collins. Questions concerning the scope of the project should be directed to Dean Klingner, Project Manager, (970) 221-6605. Questions regarding proposals submittal or process should be directed to John Stephen, CPPO, Senior Buyer (970) 221-6777. A copy of the Request for Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Conceptual design plans prepared by JR Engineering, LLC, are available for download in CAD format on our webpage at www.fcgov.com/purchasing. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management