HomeMy WebLinkAbout493755 KDG ENGINEERING LLC - CONTRACT - RFP - 7429 BRYAN AVENUE BRIDGE REPLACEMENT DESIGN SERVICPROFESSIONAL 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 KDG Engineering LLC, 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 ten (10) 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 August 31, 2013. Time is of the essence. Any extensions of the time
limit set forth above must be agreed upon in writing by the parties hereto.
4. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 1 of 35
(c) Design criteria. The design shall be in accordance with the AASHTO LRFD
Bridge Design Specifications, and the CDOT Bridge Design Manual.
(d) Review the structure site data to determine the requirements that will control the
structure size, layout, type, and rehabilitation alternatives.
1) Determine the structure layout alternatives. Determine the structure length,
width, and span configurations that satisfy all horizontal and vertical
clearance criteria. For walls, determine the necessary top and bottom of
wall profiles.
2) Determine the structure type alternatives. Consider precast and cast -in -
place concrete and steel superstructures and determine the spans and
depths for each. For walls, determine the feasible wall types (CDOT Bridge
Design Manual Section 5 will not apply).
3) Determine the foundation alternatives. Consider piles, caissons, spread
footing, and reinforced earth foundations based on geology information
from existing structures and early estimates from the project geologist.
Foundation investigation will be performed by KDG's sub consultant, Yeh
and Associates.
(e) Determine the rehabilitation alternatives - This is not needed because the
existing structure has exceeded its design life.
(f) Determine a construction phasing plan by providing input on the effects of
construction phasing on the structural elements. The impact of staged
construction on the structure alternatives shall be considered and reported on but
it is anticipated that the road can be closed to traffic and no phasing will be
required.
(g) Compute preliminary quantities and preliminary cost estimates as necessary to
evaluate and compare the structure layout, type, and rehabilitation alternatives.
(h) Evaluate the structure alternatives. Establish the criteria for evaluating and
comparing the structure alternatives that, in addition to cost, encompass all
aspects of the project's objectives. Based on these criteria, select the optimum
structure layout, type, and rehabilitation alternative, as applicable, for
recommendation to the City.
(i) Prepare preliminary general layout for the recommended structure. Prepare
structure layouts in accordance with the CDOT Bridge Detailing Manual. A
detailed preliminary cost estimate shall accompany the general layout.
(j) Memorandum of Design — Structures. Prepare a Memorandum of Design —
Structures summarizing the analysis, design criteria, and recommendations. This
memo should summarize the structure site data used to select and layout the
structure. Include the following:
o Project site plan
o Roadway vertical and horizontal alignments and cross sections at the
structure
o Existing site condition data
o Construction phasing / detour.
o Utilities on, below, and adjacent to the structure
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 10 of 35
o Hydraulics (not required): description of why no hydraulics is needed
o Preliminary geology information for structure foundations
o Architectural requirements
o Consideration of different types of superstructures (see Conceptual Design
for number of alternatives) and use of square foot costs to determine the
most cost efficient type
(k) Report on the structure selection and layout process. Include the following:
o Discuss the structure layout and type of structure alternatives considered.
o Define the criteria used to evaluate the structure alternatives and how the
recommended structure was selected.
o Provide a detailed preliminary cost estimate based on estimated quantities
and a general layout of the recommended structure.
(2) Conceptual Design: KDG will provide conceptual design alternatives for the bridge
concepts (two maximum) as part of the structure selection report. At the completion
of the conceptual design phase, KDG will prepare a Conceptual Design Report,
which will include conceptual drawings and design calculations, identify all land
acquisition requirements, and contain a conceptual Opinion of Cost to identify any
possible funding shortfalls.
d. Coordination with the Larimer Canal No. 2 Company: KDG will coordinate with the
ditch company through the City's staff.
e. Public Outreach: KDG will assist the City in a public outreach program, typically
involving an open house or public meeting. One open house is anticipated for both
structures before the structure selection report is finalized. KDG will provide the City with
exhibits for bridge alternatives, the urban design consultant will provide the urban design
alternatives, and KDG will provide the anticipated schedules for the meeting and be in
attendance.
3. Preliminary Design
a. Preliminary Plans: KDG will provide detailed design plans for all project components. A
status set of plans will be kept available to the owner for review and submittal to the
appropriate agencies, utility companies, and affected property owners as needed.
b. Utilities: The plans will show all found existing utilities and structures. There are two
conduits along the side of the bridge and one (gas) spanning over the canal just to the
east of the bridge. There is an electric line on the west face of the bridge and what
appears to be a new electrical conduit on the east face. Other utilities in the area include
electric, water, communications, and storm. The utilities will be shown both horizontally
and vertically, if possible, and in relation to the proposed improvements. KDG will
identify all utility conflicts and will coordinate relocation/removal through the appropriate
utility companies.
c. ROW: KDG will identify impacts on the existing properties and determine areas of
temporary and permanent easements or ROW acquisitions by providing the City with toe
of fill or cut slope locations.
The following will be provided by the City of Fort Collins (see 2.a.(7) and (8)):
1) Legal descriptions
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 11 of 35
2) Appraisal and acquisition service through the City Real Estate Services
d. Permits: Prepare the applications for necessary permits noted herein for the design
phase. This does not include the application for an Army Corps of Engineers Section
404 permit.
e. NEPA: Prepare documents in accordance with the requirements of the current federal
and state environmental regulations, including the National Environmental Policy Act of
1969 (NEPA). The bridge site is anticipated to be covered under a Categorical Exclusion
(Cat Ex). For NEPA documentation, the intent is to qualify the project as a Cat Ex.
f. Section 404 Permit: It is not anticipated that this project will need to obtain a Section
404 Clean Water Act permit for dredge and fill of jurisdictional waters of the US.
However, a Nationwide Permit is anticipated. This work will include related tasks
necessary to complete the permit, including a wetland mitigation plan, wetland
delineation, and compliance with the US Endangered Species Act.
g. Storm Water Discharge Permit Associated with Construction Activity (CDPS):
During construction, if 1 acre or more of earth disturbance is anticipated, a Colorado
Discharge Permit System (CDPS) permit will be required. KDG will complete the Storm
Water Management Plan forms provided on CDOT's website as part of the CDPS permit
to the construction plans. The SWMP must be approved by CDOT Region 4. However,
since the disturbed area is anticipated to be less than 1 acre, a modified SWMP will be
provided. This is basically a construction erosion control plan.
Discharges from the City's municipal separate storm sewer system (MS4) must also
follow the City's MS4 permit requirements.
h. Environmental: Federal funding is being used for this project, which would be managed
by the Colorado Department of Transportation (CDOT). It is expected that a Categorical
Exclusion (Cat Ex). Determination will be completed to satisfy National Environmental
Policy Act (NEPA) documentation requirements for this project. Consultant will work with
the City and CDOT to meet the environmental documentation requirements as
presented on CDOT Cat Ex Determination Form #128.
Before evaluating the environmental issues associated with this project, gather data and
reports that have been previously completed within the project area. This will initially
save both time and money and will allow the Pinyon team to stay on schedule.
Initial review of the project area indicates that the following Clearance Actions will not be
required, due to an unlikelihood of impacts:
• Air quality;
• Noise;
• Farmlands;
• 4(f) and 6(f); and
• Paleontology.
Although it is not expected that efforts will be required to document these clearance
actions, CDOT may later require some level of effort to document. KDG will provide
scope and costs in the event that CDOT does require documentation.
It is anticipated that the following clearance items will be required during design of this
project:
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 12 of 35
(1) Biological Resources Report — This evaluation will include a single report that
presents the findings related to several biological resources;
(2) Wetlands — Impacts to the Larimer Canal No. 2 and associated wetlands would
require evaluation and permitting.
(3) Initial Site Assessment — This assessment will evaluate potential hazardous
materials conflicts within the project area.
(4) Cultural Resources Survey Report — This report will include historic context
research and preparation of appropriate inventory forms suitable for submittal to
CDOT and the State Historic Preservation Officer (SHPO).
(5) Historic Bridge Clearance — The Statewide Historic Bridge Inventory will be
reviewed.
For resource areas that will require field surveys, coordinate with the City to minimize
site trips. The following tasks will be completed:
(1) Project Meetings — The environmental service team leader will attend three project
meeting: Environmental Scoping Meeting, Field Initial Review (FIR) and Final Office
Review (FOR).
(2) Biological Resources Report — Complete a single Biological Resources Report
(BRR), including discussion of both bridges which will include information gathered
for the project. It is not expected that significant biological resources will occur in, or
be impacted by, the project. The BRR will include discussion on the following
resources:
o Threatened or Endangered Species — A habitat assessment for federally -
threatened and endangered species will be completed. If the project is not
expected to impact federally -listed species, prepare appropriate documentation
for CDOT. If the project may impact federally listed species, be available to
coordinate appropriate species specific surveys and/or mitigation. Species -
specific surveys and/or mitigation efforts have not been included in this scope
of work.
o Migratory Birds —Compliance with the Migratory Bird Treaty Act (META).
o Prairie Dogs — Survey the project for the presence of black -tailed prairie dogs,
and include relevant discussion and compliance requirements with prairie dog
regulations in the BRR (although none are likely located in the survey area).
o Noxious Weeds - Map state -listed noxious weeds in the project area as
required by CDOT. Weeds will be mapped on an environmental plan sheet
along with CDOT weed management requirements.
(3) Wetlands: Delineate potential Waters of the US and/or wetlands (wetlands) within
the project area in accordance with U.S. Army Corps of Engineers (Corps) and
CDOT procedures. The Larimer Canal No. 2 is likely regulated by Section 404 of the
Clean Water Act, and impacts to that ditch and associated wetlands would require
permitting. Mark the boundaries of wetlands in the field with pin flags, which will
subsequently be surveyed by the project team. The team will then utilize this
information during the alternatives analysis at the site in order to avoid and/or
minimize impacts to wetlands. The initial findings will be presented in a simple
memorandum. Due to the limited extent of potential wetlands expected at each ditch
crossing, it is not anticipated that significant impacts to wetlands would occur;
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 13 of 35
therefore, a Wetland Finding will not likely be required by CDOT and will not be
completed. Complete a wetland delineation report suitable for submittal for Corps
permitting. It is anticipated that impacts to wetlands and Waters of the U.S. will be
minimal, and could be permitted with a Corps Nationwide permit.
(4) Initial Site Assessment — A CDOT Initial Site Assessment (ISA) (CDOT Form #881)
will be completed to evaluate if hazardous materials may exist in the project area. No
right-of-way is expected to be purchased for this project; therefore, a Phase I
Environmental Site Assessment will not be required. Also evaluate each existing
bridge for the presence of asbestos and lead -based paint, in support of future
demolition permits. Significant hazardous materials issues are not anticipated for this
project.
(5) Cultural Resources Survey Report - Much of the project area lies in established
neighborhoods indicating the possibility of historic buildings. Compliance with
Section 106 of the National Historic Preservation Act may be required for this project.
Because the project will take place partly within a potentially historic area, the
potential short-term and long-term effects to the visual setting may need to be
assessed, and historic preservation could be a major issue for this project, although
it will be unlikely that the project would lead to an adverse effect, and mitigation
would be required. Historic Preservation Consultants (HPC) will provide historic
documentation for this project.
CDOT will expect that a historic resources survey report be completed, and a review
of all of the historic structures within the Area of Potential Effect (APE) be evaluated,
which should be defined in consultation with SHPO staff. The context will have to be
sufficient to support the eligibility determinations, as necessary. The following steps
will be completed:
o Background file search and literature review;
o Definition of the APE;
o Field Survey;
o Preparation of the Cultural Resources Survey Report; and
o Report review and revisions.
(6) Historic Bridge Clearance: The existing bridge within the project area is greater
than 50 years old, and therefore may require some evaluation. HPC will research the
Statewide Historic Bridge Inventory to determine the eligible or non -eligible status of
bridges that are in the project area. Additionally, HPC will complete a bridge
inventory form so that CDOT can proceed with determining adverse effects.
Depending on CDOTs determination, additional evaluation could be required, but is
not included in this scope.
i. Geotechnical Engineering: Conduct geotechnical investigation for the project. Borings
will be advanced using solid -stem auger drilling methods. A single lane closure will be
required for each boring. The geotechnical engineer will be responsible for traffic control
during boring operations.
The general tasks will include:
(1) Drill two borings to an average depth of 25 feet below existing grade at the bridge
location for the bridge foundations and pavement design.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 14 of 35
(2) Soil samples and penetration resistance measurements shall be made in each
boring at a maximum of 5 foot intervals. Soil samples shall be retained for laboratory
testing.
(3) The borings will be checked for groundwater levels and then backfilled with cuttings
and the pavement surface patched with a non -shrink grout.
(4) Soil samples shall be returned to the consultant's laboratory for testing. At a
minimum the laboratory testing should include moisture -density, soil characterization
and corrosivity, including, pH, water soluble sulfates, water soluble chlorides and
resistivity.
(5) Perform an engineering analysis of the site conditions to provide the following
specific information:
(a) Nature and consistency of the soils.
(b) Depth to bedrock.
(c) Depth to groundwater.
(d) Recommendations for foundation systems design, including soil bearing capacity
and settlement.
(e) Design parameters for wing wall design including active/passive and at -rest soil
values.
(f) Soil corrosivity for selection of cement properties and corrosion protection.
(g) Pavement design recommendations as needed for the patch sections. -
(h) Recommendations for excavation and backfill and general construction
requirements.
(6) Provide four copies of the draft geotechnical report. The report shall include a
description and results of the field and laboratory test programs, exploration location
map, boring logs, a description of site conditions, and engineering recommendations.
Upon review, revise the draft report and provide four copies of the final report and a
pdf copy of the report. The geotechnical work and report preparation will be
conducted under the supervision of a registered professional engineer.
(7) The geotechnical engineer will attend two project design meetings and provide
technical input as required.
j. Roadway Design: This task will consist of research, collecting data, coordinating with
bridge design team regarding approaches, setting horizontal and vertical alignment,
preparing roadway plan and profile sheets, preparing cross sections and typical sections
sheet, accommodating roadway drainage, and revising documents based on agency
comments.
k. Construction Phasing Plan: A construction phasing plan with traffic control will be
provided to accommodate one lane in each direction during the construction period.
I. Bridge Design: The replacement structure will be similar in length to the existing
structures in order to maintain their hydraulic capacity for the ditch and will also
accommodate two riparian crossings. Vertical clearances will have to be coordinated
with the Larimer Canal No. 2 Company but it is not expected to change from the existing
case, reducing impacts to the grade of the road. A general layout with plan, sections,
and elevations of the proposed structures will be provided.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 15 of 35
m. Drainage Design: KDG will address the storm drainage from the road. The City
stormwater design criteria will be followed. A drainage report may be required but for the
purpose of the hour estimate, it will be assumed that only a letter report will be
necessary and not a full drainage report. KDG will prepare a letter report to justify the
roadway and bridge modifications, in accordance with the City criteria. Analysis includes
analysis of impacts to the existing drainage patterns and calculations to detail water
surface profile through the bridge section, inlet sizing and tributary runoff. A storm
system plan may be developed for up to 200 linear feet of storm sewer plan and profile
n. Lighting Design: No lighting design is required.
o. Estimates: KDG will provide an opinion of probable construction costs based on 30%
and 90% complete plans.
p. Submittals: At the completion of the Preliminary Design Phase, KDG will provide the
City with 12 halfsize (11 "x17") sets of review plans. The plans will be approximately
30% complete. KDG can also provide these drawings to the City in electronic format.
q. Field Inspection Review (FIR): KDG will attend the FIR conducted by the City, with
CDOT in attendance at an approximate 30% completion phase. It should be noted that
by closely working with the City, and pending CDOT approval, a 75% submittal may be
substituted for the 30% phase.
4. Final Design
a. At the final design level, KDG will provide detailed design plans for all aspects of the
project, including bridge, wetland mitigation, property restoration, drainage, erosion
control, and culvert plans. For this preliminary scope of work it was assumed that the
selected alternative will be a single cell concrete box culvert.
When the final design is completed KDG will provide half-size drawings plotted on high -
quality paper to ensure accuracy and scale. One set of final design drawings will be
signed and stamped by a Colorado registered professional engineer.
b. KDG will prepare contract documents and specifications. KDG will develop the technical
specification format in CDOT format. The contract documents will contain the City of Fort
Collins' standard contracts and bid forms.
c. It is anticipated that the construction will be done in one phase with the road closed
during construction.
d. Near the completion of the Final Design Phase, KDG will provide the City 13 half-size
sets of review plans and the specification package. The plans will be approximately 90%
to 95% complete. KDG will submit final drawings on disc in PDF format.
e. Final Office Review (FOR): KDG will attend the FOR conducted by the City, with CDOT
in attendance. CDOT requires this at the 90-95% complete stage. All comments shall be
incorporated into the final set of bid documents.
f. Construction Documents: A complete set of bid ready plans and documents will be
submitted to the City. Once CDOT approves of the construction documents for sealing,
KDG will seal and sign (by a Colorado PE) three sets of 8.5" x14" drawings. In addition,
an electronic copy of the construction plans and specifications will be submitted to the
City. The acceptable formats are AutoCAD, MS Word, and PDF and as requested by the
City.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 16 of 35
5. Construction Engineering Support
KDG will provide construction administration as noted below:
a. Attend prebid conference.
b. Assist with prebid technical questions concerning the design.
c. Assist with a review of the bids.
d. Attend the preconstruction conference.
e. Review construction shop drawings for conformance with the contract documents and
compliance with the provisions of the Standard Specifications for Road and Bridge
Construction.
f. Provide technical assistance during the construction period.
g. Assist with the evaluation of design change requests.
h. Complete as -built plans based on redlines will be provided by the Contractor and the
City. KDG will transfer to the electronic plans.
6. Work Hours Estimate
A spreadsheet with the breakdown of hours by task is attached. A total is shown on the last
sheet.
A Project Cost Worksheet (PCW) based on a Cost Plus Fixed Fee agreement is also
attached.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 17 of 35
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EXHIBIT C
COMPENSATION
® KDG Engineering LLC
STANDARD BILLING RATE SCHEDULE
August 2012
Classification
Sr. Bridge Engineer
Bridge Engineer
Bridge Technician
Construction Manager
Direct Expenses:
Mileage:
Other:
Name Billing Rate
Kobayashi, Stanley
$120.00
Long, Joe
$85.00
Haas, Paul
$65.00
Card, Philip
$105.00
$0.555 per mile or current $0.555
government rate
Actual reasonable cost
Reproduction $0.20
Postage, delivery $12.00
Subconsultants Schedule on Following Sheets.
Schedule Pg. 1 of 4
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service
Page 19 of 35
Professional:
City:
With Copy to:
KDG Engineering LLC
City of Fort Collins
City of Fort Collins
Attn: Stanley Kobayashi
Attn: Jin Wang, Engineering
Attn: Purchasing Dept
3500 S Wadsworth Blvd., Suite 400
PO Box 580
PO Box 580
Lakewood, CO 80235
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorney's 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 cost plus fixed fee in the amount of One
Hundred Three Thousand Seven Hundred Dollars and Fifty -Eight Cents ($103,700.58) in
accordance with Exhibit "C" consisting of ten (10) 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
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 2 of 35
® KDG Engineering LLC
SUBCONSULTANT BILLING RATE SCHEDULE
Pinvon Environmental:
Classification
Name
Billing Rate
Staff II Scientist
Allison, Joe
$54.53
Project Manager
Bamberg, Ingrid Ph D
$122.68
Staff II Scientist
Bender, Chris
$42.53
Project Scientist
Bender, Joe
$99.23
Project Specialist
Curnutte, Julie
$84.69
Project Scientist
DeMasters, Tim
$73.01
Project Manager
Epstein, Scott
$117.04
Principal
Evans, Lauren
$160.30
Staff II Scientist
Fanello, Scott
$61.70
Sr. Engineer/Scientist
Gumina, Karen
$130.59
Archeologist
I-loffecker, John
$141.77
Staff II Scientist
Jensen, Evan
$54.53
Clerical
Jeserich, Katherine
$44.88
Project Specialist
Kraus, Robyn
$85.06
Project Assistant
Krejci, Denise
$66.23
Project Scientist
Kullas, Robyn
$93.12
Staff II Scientist
Lucio, Shannon
$69.55
Project Scientist
Marin, Michelle
$90.53
Project Scientist
Mauer, Jillian
$66.80
Project Manager
Musson, Jeremy
$113.58
Project Scientist
Partington, Brian
$91.38
Project Scientist
Santo, Matt
$78.49
Project Specialist
Sever-Tupy, Andrea
$113.41
Staff II Scientist
Sparks, Tyler
$62.85
Project Specialist
Stegall, Sherry
$71.96
Sr. Engineer/Scientist
Thomas, Karlene
$109.92
Project Specialist
Wahlers, Jennifer
$100.56
Project Scientist
Weber, Elisabeth
$81.77
Direct Expenses:
Mileage: $0.555
Other: Field Equipment Actual reasonable cost subject to PM approval
Other Direct Costs (Outside):
Miscellaneous Actual reasonable cost subject to PM approval
Schedule Pg. 2 of 4
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service
Page 20 of 35
® KDG Engineering LLC
Roth Enaineerina Grou
Classification
Name
Billing Rate
Project Manager
Roth, Kevin
$110.00
Project Civil Engineer
Sukalski, Katie
$100.00
Direct Expenses:
Mileage:
$0.555
Reproduction:
Actual reasonable cost
Postage/Delivery:
Actual reasonable cost
Square-K Consulting
Classification
Name
Billinq Rate
Lead Bridge Engineer
Armbruster, Kirsten
$100.00
Direct Expenses:
Mileage: $0.555
Reproduction: Actual reasonable cost
Postage/Delivery: Actual reasonable cost
Yeh & Associates
Classification
Name
Billing Rate
Staff Engineer
Abshire, Tyree
$69.14
Field Technician
Adkins, Jeremy
$52.91
Field Technician
Aichiouene, Mustapha
$62.79
Project Manager
Allen, Thomas
$130.52
Principal Scientist
Andrew, Richard
$172.15
Project Manager
Arndt, Benjamin
$138.28
Project Engineer .
Assay, Keith
$93.13
Staff Engineer II
Bartingale, Ryan
$63.49
Project Manager
Barron, Terry
$112.88
Field Technician
Bass, Kelly
$57.15
Sr. Technician
Bekker, Lev
$78.31
Field Technician
Bennett, William
$60.68
Field Technician
Blumberg, Dan
$56.44
Staff Scientist
Bunker, Andrew
$56.44
Staff Engineer II
Canono, Arthur
$82.54
Project Engineer
Chen, I -Ping
$69.14
Field Supervisor
Cheney, Randy
$84.67
Lab Technician
DeCaney, Ryan
$47.97
Inspector
El Hehiawy, Joe
$80.43
Sr. Project Scientist
Florez, Miguel
$95.95
Field Technician
Foster, Cherryl
$43.75
Sr. Inspector
Foster, Steve
$86.08
Field Technician
Frankovich, Richard
$54.33
Sr. Project Engineer
Gilbert, Brian
$131.23
Field Technician
Gomke, Sandra
$55.03
Sr. Inspector
Green, Dan
$93.13
Sr. Technician
Gubser, Mitchell
$79.01
Project Engineer
Hansen, Sara
$77.61
Staff Engineer II
Hansen, Todd
$63.49 Schedule Pg. 3 of 4
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 21 of 35
LLC
Yeh & Associates (Continued
Classification
Name
Billino Rate
Lab Technician
Hernandez, Ivan
$40.92
Field Supervisor
Hieber, Steve
$101.60
Project Manager
Holder, Sam
$142.52
Sr. Scientist
Hoon, Wade
$112.88
Project Manager
Hume, Howard
$135.45
Sr. Technician
Hunter, Jack
$71.96
Field Technician
Janini, Bob
$63.49
Field Technician
Johnson, Brian
$61.38
Project Manager
Johnson, Richard
$124.17
Field Technician
Kerns, Mike
$63.49
Sr. Project Manager
Kiefer, Mike
$138.28
Sr. Materials Manager
LaForce, Robert
$138.28
Field Supervisor
Lindley, Dan
$97.36
Inspector
Lutz, Bob
$81.84
Project Manager
MacKean, Charles
$134.75
Sr. Project Manager
Macklin, Paul
$143.92
Field Supervisor
McKay, Richard
$103.00
Sr. Technician
McClaskey, Stuart
$76.20
Field Technician
Medved, George
$57.85
Inspector
Mondragon, Gilbert
$80.43
Student Intern
Pendleton, Jeff
$39.51
Sr. Inspector
Peterson, Dennis
$127.00
Field Technician
Pieper, John
$49.39
Field Technician
Rebel, Julia
$52.91
Lab Technician
Reyes, Ray
$52.21
Field Technician
Rodriguez, Leo
$71.26
Sr. Project Manager
Scheuerman, Bill
$135.45
Sr. Project Engineer
Schlittenhart, Todd
$104.41
Field Technician
Shanks, Sharon
$73.37
Sr. Project Engineer
Sherwood, Samantha
$91.72
Sr. Technician
Smith, Lee
$79.01
Jr. Technician
Stokey, Donna
$35.28
Project Manager
Strickland, Jere
$138.28
Project Manager
Taylor, Fred
$118.53
Sr. Technician
Walz, Mike
$81.84
Staff Scientist II
White, Sylvia
$71.96
Principal Engineer
Yeh, Shan-Tai
$208.84
Project Engineer
Yu, Sam
$101.60
Direct Expenses:
Mileage:
$0.555
Other Direct Costs (Outside):
Miscellaneous Actual reasonable cost subject to PM approval
Express mail/courier services Actual reasonable cost
Schedule Pg. 4 of 4
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service
Page 22 of 35
EXHIBIT D
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
7429 Bryan Ave Bridge Replacement Design Service Page 23 of 35
EXHIBIT E
FEDERAL REQUIREMENTS
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Govemmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Forth FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Forth FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractors own organization
and with the assistance of workers under the contractors
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
FHWA-1273 — Revised May 1, 2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor. During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classed as
local roads or rural minor collectors.
11. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractors project activities under
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Serviced
Page 24 of 35
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or
other fors of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractors
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractors EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which.time the
contractors EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractors procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractors EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
S. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Services
Page 25 of 35
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade orjob classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable Flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non -minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Forth FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-themjob
training is being required by special provision, the contractor
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service3
Page 26 of 35
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractors obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractors control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, vrill issue a determination within
30 days of receipt and so advise the contracting officer or
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Services
Page 27 of 35
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1 Xiv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3Xi), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form W H-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esaAvhd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3Xii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3Xi) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
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7429 Bryan Ave Bridge Replacement Design ServicEP
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(3) The weekly submission of a property executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or wth
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
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7429 Bryan Ave Bridge Replacement Design Servic&
Page 29 of 35
acknowledge that the sub -contractors are not parties to this agreement. However, the rates
l
listed for services to be provided by these subcontractors shall be the rate paid by the City to
the Professional for these services. If the amount charged by these subcontractors exceed the
rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The
limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in
Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of
the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings,
and other services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable
Mylar base material using a non -fading process to provide for long storage and high quality
reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an
AutoCAD version no older then the established city standard.
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
7429 Bryan Ave Bridge Replacement Design Service Page 3 of 35
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Forth FHWA-1273 in any subcontracts and also require the
subcontractors to include Forth FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firth is a person or firth ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(aX1).
b. No part of this contract shall be subcontracted to any person
or firth ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(aX 1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these causes in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service'
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any fads related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
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7429 Bryan Ave Bridge Replacement Design ServlCEP
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"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant' refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant' refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered.
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.ei)ls.ciov/), which is
compiled by the General Services Administration.
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7429 Bryan Ave Bridge Replacement Design Service)
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I. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion —First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (httos://www.epis.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Servic@o
Page 33 of 35
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion --Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Servic61 Page 34 of 35
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is`situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractofs permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1 c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design ServiC62
Page 35 of 35
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 parry 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
7429 Bryan Ave Bridge Replacement Design Service Page 4 of 35
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
7429 Bryan Ave Bridge Replacement Design Service Page 5 of 35
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" — Federal Requirements, consisting of twelve (12) pages, attached
hereto and incorporated herein by this reference.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 6 of 35
THE CITY OF FORT COLLINS, COLOR DO
Z�- James B O'Neill II, CPPO, NIGP
o /elector of Purchasing & Risk Management
f +` DATE:
FORTC '�
0 O�
ATTES-T: �: •.y„
City Clerk
Ass
KDG ENGINEERING LLC
By:
Title:
CORPORATE PR'ESIDI NT OR VICE PRESIDENT
Date: /Z/Zo1?0/Z.
ATTEST:
/U 4
Corporate Secretary
(Corporate Seal)
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service
Page 7 of 35
EXHIBIT A
SCOPE OF WORK
The design work generally consists of the design of the bridge crossing over Larimer Canal No.
2. Structure FCBRYN-0.2-MULB carries Bryan Avenue over Larimer Canal No. 2 just north of
W. Mulberry Street. The work includes a replacement structure, roadway approach design, plan
preparation, drainage evaluations, public process, environmental clearances, geotechnical
investigations, utility relocation and coordination, and production of bid documents. All work
must conform to CDOT procedures for a Federal -Aid project and with the design and
construction standards of the governing agencies. The City will provide the raw survey data,
utility potholing, acquire right-of-way (ROW), oversee the public involvement process, and
oversee the coordination with the Larimer Canal No. 2 Company and CDOT..
1. General Requirements
KDG Engineering LLC (KDG) will complete all work using the latest AASHTO, CDOT, City of
Fort Collins, and ADA design and construction standards or guidelines, practices, and
procedures.
a. Coordination with Other Agencies: KDG will coordinate with representatives of the
City of Fort Collins, the utility companies, and CDOT.
b. Monthly Reporting and Progress Meetings: Throughout the duration of the design,
KDG will provide written monthly progress reports detailing the work completed and the
work anticipated for the next month. The monthly reports will be part of the billing
submitted monthly. In addition, ten (10) progress meetings will be held at 2- to 3-week
intervals.
2. Conceptual Design
a. Surveying and Right -of -Way (ROW): The City will provide KDG with the raw survey
data of the project site. KDG will produce the digital terrain model and existing
topography from the raw survey data. City survey crews will be available to provide any
additional survey information that KDG deems necessary for the project. The City will
provide legal descriptions, and KDG will develop a ROW plan that conforms to CDOT
requirements (see below).
(1) Project Limits — It is anticipated that the survey project limits provided will cover the
areas needed for our design.
(2) Horizontal and Vertical Control — The field survey and subsequent survey control
and monumentation plan (survey control diagram) will establish, horizontally, the
location of existing section corners, property comers, and the local control relative to
the Colorado High Accuracy Reference Network (HARN).
(3) Topographic Survey — It is anticipated that the City will provide the raw survey data
and KDG will provide a topography drawing with a 1-foot contour interval throughout
the survey project limits. The design survey will be delivered as an AutoCAD drawing
file.
(4) Utility Survey and Potholing — Utilities will be delineated from the survey of the
existing visible field appurtenances and field markings. KDG will conduct a detailed
research to update the existing utility information provided by the survey. KDG will
coordinate and request utilities potholing through the City for any potholing. Potholing
services will be provided by the City's on call contractor. It is anticipated that the City
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 8 of 35
will need to survey in the potholes locations and possibly the depth of the utility. Any
utilities marked after the original survey will be surveyed by the City. ,
(5) Hydraulic Survey — It is not anticipated that a detailed survey of the irrigation ditch
is needed.
(6) Test Bores — It is anticipated that the City will need to survey the horizontal and
vertical location of the test bores provided by the geotechnical consultant. This test
bore information will be delineated on the design survey.
(7) Right-of-way Plans (KDG and the City) — The City will provide the property
ownership and property line information for the project. KDG will prepare a complete
set of ROW plans, combined with the raw survey data and design plans, in CDOT
format, except for the survey control diagram and monumentation sheet. KDG will
need the City's surveyor's assistance in creating these two sheets, and these sheets
will need to be stamped by the PLS in charge of the survey. The City will provide title
work, including the preparation of informational title binders on the adjacent property
owners. These title binders will identify any existing encumbrances and/or
easements on their property.
(8) Legal Descriptions and Exhibits (provided by the City) — The City will provide
legal descriptions with assistance from KDG in preparing the exhibits for the
descriptions. None are expected at this time.
b. Urban Design: The City will provide an urban design consultant to develop urban
design concepts for the replacement bridge. A minimum of two (2) urban design
alternatives for the replacement bridge will be developed. These alternatives will utilize
sound Context Sensitive Solution (CSS) principles of evoking the history, environment
and culture of the community into the design. The -design elements will address the
visible bridge structure, railings, columns, abutment walls and adjacent sidewalk areas.
Alternatives will illustrate families of materials and design features that would express a
character unique to the bridge and its adjacent context within the neighborhood and the
city.
KDG will meet with City staff and urban consultant to review the alternatives and assist
in the selection of a preferred alternative. Once a preferred alternative is selected, the
urban design consultant will refine the design according to comments from City staff and
a presentation of that alternative will be made to the City of Fort Collins. The urban
design consultant will provide a color rendering and construction cost estimate of the
each of the preferred alternatives.
Two alternatives will be developed for the bridge. The alternatives will include illustrated
cross -sections and a conceptual perspective sketch of each option.
c. Structure Selection Reports:
(1) Structure Selection Report — This report will summarize and explain all the
decisions that were involved in the design effort including the following design
elements:
(a) Urban Design — The two (2) urban design alternatives will be analyzed and
included in the report with cost estimates.
(b) Existing conditions data collection. Existing project conditions, both structural and
site conditions, will be collected and documented.
Professional Services Agreement
7429 Bryan Ave Bridge Replacement Design Service Page 9 of 35