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HomeMy WebLinkAboutRFP - 7620 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECTRFP 7620 Drake & Shields Intersection Improvements Project Page 1 of 28 REQUEST FOR PROPOSAL 7620 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT The City of Fort Collins is requesting proposals from qualified firms to provide the City with preliminary engineering design, final engineering design and design support during construction for the Drake and Shields Intersection Improvements Project. The successful candidate will identify and address all of the tasks, issues and deliverables in their proposal. Prospective teams must possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff, the Colorado Department of Transportation and all other affected interests to accomplish the goals and objectives associated with this project. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, eight (8) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), April 8, 2014 and referenced as Proposal No. 7620. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. A pre- proposal meeting will be held at 10:00 AM on March 21, 2014 in the Community Room located at 215 N Mason Street, Fort Collins. Questions concerning the scope of the project should be directed to Project Manager, Tracy Dyer, Capital Projects Engineer at (970) 416-2011 or tdyer@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7620 Drake & Shields Intersection Improvements Project Page 2 of 28 The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 7620 Drake & Shields Intersection Improvements Project Page 3 of 28 7620 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT The City of Fort Collins is requesting proposals from a consulting firm or team to provide the City with preliminary engineering design, final engineering design and design support during construction for the Drake and Shields Intersection Improvements Project. The successful candidate will identify and address all of the tasks, issues and deliverables in their proposal. Prospective teams must possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff, the Colorado Department of Transportation and all other affected interests to accomplish the goals and objectives associated with this project. This project contains Federal Hazard Elimination funding as administered through the Colorado Department of Transportation (CDOT). All work associated with the project must be in accordance with Federal purchasing requirements, CDOT specifications and Larimer County Urban Area Street Standards (LCUASS). There will not be a Disadvantaged Business Enterprise (DBE) goal for the design phase of the project. Tasks to complete the project include, but are not limited to, those outlined in the attached preliminary Scope of Work (Section III). Please limit the total length of your proposal to a maximum of twenty-five (25) pages total (excluding covers and dividers). I. INTRODUCTION The City of Fort Collins is seeking professional consulting services to design the Drake and Shields Intersection Improvements Project. The City recently completed an Arterial Intersection Priority Study which ranked the Drake and Shields intersection in the top ten for needed enhancements. Major components that brought this intersection to the top of the list are higher than average accident rates and elevated levels of vehicle delay. The scope of work will also include a raised median design for a ¾ movement at Shields and Davidson, just south of the Drake and Shields intersection. The Average Daily Traffic (ADT) at Drake and Shields is 53,000 vehicles per day. The Drake Road and Shields Street intersection is significant to the City of Fort Collins for many reasons, including the following: • A major arterial / arterial intersection containing businesses and multi-family housing • Contains two existing Transfort routes along Shields Street (Route 19 & 7) • Both roads are defined by the City of Fort Collins Transportation Master Plan as a “High Volume Bike Corridors” RFP 7620 Drake & Shields Intersection Improvements Project Page 4 of 28 • Proximity to the Spring Creek Trail, Colorado State University / Vet Hospital and Poudre Schools The City has secured multiple funding sources for the design, right-of-way acquisition and construction of the project. A rough breakdown of the funding source percentages is shown in the table below: Funding Summary TABLE Funding Source Funding Amount Federal Hazard Elimination Grant (through CDOT) $ 887,400 Building on Basics Intersection Fund (City) $ 98,600 Total Anticipated Funding $ 986,000 Required elements for the Drake and Shields Intersection Improvements Project: • Design sufficient storage and radii in right turn lane movement for both directions of Shields Street. • Improve air quality through reduced vehicle wait time • Improve safety for vehicles, bicycles and pedestrians (bicycle accidents have been reported at both intersections) • Design and construct utility improvements with potential water quality features • Design any applicable landscaping, irrigation and urban design elements • Design and construct the project in a sustainable fashion which balances the environmental, social and economic needs of the City and adjacent land owners The Consultant team must work together in partnership with the City, private utility companies, irrigation companies if needed and other agencies as the design progresses. In addition, the project team will offer an extensive public outreach and engagement process with the many project area stakeholders to ensure the pedestrian, bicycle, and streetscape improvements meet the immediate needs of the area, as well as, to serve the long-range vision. II. CONSULTANT SELECTION PROCESS AND PROJECT SCHEDULE It is the City’s intent to hire a single Consultant Team capable of handling the following duties: Roadway Engineering, Urban Design, Landscaping, Hydraulics Engineering, Public and Stakeholder Involvement, ROW Plan Production and Design Support during Construction. Consultants should make sure to address their capabilities, experience and expertise in all of these areas. Traffic Engineering was previously completed with the Arterial Intersection Priority Study. Consultant teams do not need to include Traffic Engineering (traffic volumes, RFP 7620 Drake & Shields Intersection Improvements Project Page 5 of 28 turning movements and traffic count projections) with their Proposals. The City will provide this data to the selected Consultant.  Proposal Submittal The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Qualified consultants interested in performing the work described in this request for proposals should include the following information in the Proposal. 1. Qualifications of the firm and staff proposed to perform the work on this project. This needs to include resumes of staff members and sub consultants to be used specifically on this project. 2. A list of similar projects completed in the last five years. 3. A schedule that shows the anticipated time frame for each item identified in this RFP. 4. References from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. The projects listed as references for the firm and staff are not required to be the same. As part of the reference check process, the City may choose to visit one or more of the listed projects and/or request a copy of the completed plans. 5. Sample plan and profile sheets of a similar project should be included in each submittal. Sample sheets shall be half size (11”x17”) copies. 6. Limit the total length of your proposal to a maximum of 25 pages (excluding covers and dividers). The Director of Purchasing reserves the right to reject proposals received that are longer than 25 pages in length. On time delivery is imperative for this project. Proposing teams must explain their approach and innovative delivery strategy to ensure an efficient schedule. Consultants shall submit a detailed project schedule outlining all phases of the project including critical, milestone dates. The City has listed anticipated dates for the Consultant Selection and Project Schedule as noted below.  Consultant Selection Process: • Final Day for Questions: March 30, 2014 (5:00 pm) • Proposals Due: April 8, 2014 (3:00 pm) • Shortlist by: April 18, 2014 • Interviews: April 29, 2014 The project schedule dates listed in italics above are approximate and may change RFP 7620 Drake & Shields Intersection Improvements Project Page 6 of 28  Project Schedule: It is the City’s goal to advertise the project in early 2015 and begin construction in late spring / summer of 2015. Below is a tentative schedule meeting this goal. We are interested in your proven ability to meet or exceed this schedule. • Project Kick-Off & Preliminary Engineering May, 2014 – Fall, 2014 • Final Engineering Fall, 2014 -- Winter, 2015 • Right-of-Way Acquisition Summer, 2014 – Spring, 2015 • Advertise for Construction April, 2015 • Begin Construction June, 2015 The Consultant shall supply a design schedule with the proposal. The schedule shall detail all items required to meet the Advertisement date and shall clearly indicate “critical path work items”. Due to the nature of the funding sources for this project, Consultant costs / fees will not be considered when evaluating the proposals. The City will negotiate the costs / fees with the successful Consultant after the evaluation process has been completed. The Contract will be set up in a “Cost Plus Fixed Fee” format. The Consultant will be asked to investigate the existing intersection medians and provide feasibility options to the City for landscaping and irrigation per the City’s Streetscape standards. RFP 7620 Drake & Shields Intersection Improvements Project Page 7 of 28 III. SCOPE OF WORK The following is an outline of a general scope of work. The Consultant shall expand each of the tasks listed below. Additional tasks, if deemed necessary by the Consultant, shall be added to the list to ensure a good product.  Project Kick-Off Phase: City Tasks • Provide Aerial Maps • Provide Existing Topographic Survey - per the High Accuracy Reference Network (HARN), tied to the City of Fort Collins Groundmaster Coordinate System (Horizontal) and the City of Fort Collins Vertical Control Network (NAVD 88) • Provide a Digital Copy (CAD Format) of the Existing Surface and Point Files • Provide Property Analysis Map – Ownership, Property Lines, Relevant Easements and Current Tenants based upon Title Commitments • Provide Preliminary Historical Data Consultant Tasks • Complete a Survey Request Form to the City of Fort Collins Survey Department • Existing Utility Locates through Potholing • Horizontal and Vertical Survey of Potholed Utilities (by City) • Produce Mapping based upon information provided by the City • Follow Up with Utility Companies to ensure accurate information is presented • Provide Assistance with the Identification and Assessment of Historic Properties  Preliminary Engineering Phase: This Phase entails development of a preliminary engineering plan set or Field Inspection Review (FIR) level design. The following design considerations shall be addressed: • Safety and Access Improvements • Proposed Property Impacts • Thorough Utility Design, including storm sewer, water quality and outfall location(s) • Pedestrian and Bicycle Facilities RFP 7620 Drake & Shields Intersection Improvements Project Page 8 of 28 • Pavement Design and Geotechnical Engineering Report • Urban Design, Landscaping and Irrigation** If needed The following activities shall be completed within this phase of the project. Work items are identified according to City and Consultant tasks. City Tasks • Coordination with impacted businesses and residents regarding proposed improvements • Provide Legal Descriptions and Exhibits for right-of-way (ROW), temporary construction easements (TCE) and permanent easement acquisitions. The City and / or the City’s “on-call” Consultant will handle all property negotiations; including value finding, appraisals, offers, negotiations and closings. Consultant Tasks • All tasks necessary to deliver Preliminary Engineering Design (Field Inspection Review - FIR) Plans, Construction Specifications (including Standard Special Provisions and Project Specific Special Provisions), Quantity Take-Offs, Bid Tabulations and Cost Estimates. Plans must be produced in accordance with all Colorado Department of Transportation (CDOT) and Larimer County Urban Area Street Standards (LCUASS). Plans, specs, quantity take-offs, bid tabulations, and cost estimates will be submitted to the City both as hard copies and electronically. The Consultant is fully responsible for the Quality Assurance and Quality Control (QA / QC) of the plan set. • Development of two (2) urban design and landscape concept plans. One plan will be selected and developed during the Final Engineering Phase**. a) Urban design elements may include the following: − Treatment of Bicycle and Pedestrian Facilities − Landscaping and Irrigation − Enhanced Corner Treatments b) Historical / Cultural Interpretation of the Project Area c) Create a tree protection and tree mitigation plan per the direction of the City Forester • Identify property impacts and extent of ROW and TCE needed. The Consultant will provide a digital copy (CAD format) of the line work to the City of Fort Collins Survey Department for all proposed acquisition areas (temporary and permanent). • Development of Preliminary Drainage Report, if needed. RFP 7620 Drake & Shields Intersection Improvements Project Page 9 of 28 • Multi-Modal Analysis a) Examine interaction of all modes of transportation (vehicular, bicycle, pedestrian, and transit) within the project area b) Adequately size lanes, access points and crossing locations • Thorough Utility Design a) Coordinate with City Utilities Departments, including but not limited to: Water/Wastewater, Stormwater, Light & Power, Fiber Optic and Traffic b) Coordinate with all private utilities potentially impacted by the improvements c) Determine extent and location of any utility relocations d) Develop preliminary level storm water improvement plans • Development of a Pavement Design and Geotechnical Engineering Report a) To include subsurface exploration (borings) with laboratory test results b) The City will provide 20-year and 30-year Equivalent Single Axle Loads (ESAL’s) for the Consultants pavement design calculations c) To include recommendations for Hot Mix Asphalt (HMA) and Portland Cement Concrete (PCC) pavement sections • Attend and conduct FIR meeting. Meeting minutes to be developed and provided by the Consultant.  Preliminary Engineering Phase Deliverables: • Preliminary Engineering Project Schedule • Meeting Minutes (see Public and Stake Holder Involvement Section for anticipated meetings) • Preliminary Drainage Report • Pavement Design and Geotechnical Engineering Report • Two (2) Urban Design and Landscape Concept Alternatives** • Four (4) Half Size Preliminary plan sets (Black and White, 11x17) • One (1) .pdf file of the plan set • One (1) Digital copy of the design drawings (AutoCAD format) • One (1) Electronic copy of Preliminary Project Specification Book • Project Bid Tab and Opinion of Probable Cost • FIR Review Meeting Minutes and comment responses RFP 7620 Drake & Shields Intersection Improvements Project Page 10 of 28  Final Engineering Phase: • All tasks necessary to deliver Final Engineering Design (Final Office Review - FOR) Plans, Construction Specifications (including Standard Special Provisions and Project Specific Special Provisions), Quantity Take-Offs, Bid Tabulations and Cost Estimates. Plans must be produced in accordance with all Colorado Department of Transportation (CDOT) and Larimer County Urban Area Street Standards (LCUASS). Plans, specs, quantity take-offs, bid tabulations, and cost estimates will be submitted to the City both as hard copies and electronically. The Consultant is fully responsible for the Quality Assurance and Quality Control (QA / QC) of the plan set. Comments from the FOR meeting will be incorporated into the “For Bidding” plan set. Right-of-Way Plans • The Consultant will assist the City with the development of a complete set of right-of-way (ROW) plans which will be submitted to CDOT for review and approval. Plans will be per the HARN, tied to the City of Fort Collins Groundmaster Coordinate System (Horizontal) and the City of Fort Collins Vertical Control Network (NAVD 88). Right-of-Way plans will include the following sheets: − Title Sheet (project location map) − Tabulation of Properties − Project Control Diagram − Land Survey Control Diagram − Tabulation of Boundary Evidence − Monumentation Sheets − ROW Plan Sheets − Ownership Map (prepared in Preliminary Engineering Phase – updates will be based upon additional information gathered by City Staff) City Tasks • Coordination with impacted businesses and residents regarding proposed improvements • Obtain the Authority for the use of Eminent Domain from City Council • Right-of-Way Plans − Develop legal and exhibits for all proposed ROW, permanent and temporary construction easements − Review title commitments − Establish existing ROW per the title commitments − Investigation of existing property pins − Develop all existing property lines and easements − Tabulation of monuments for the proposed ROW and easements RFP 7620 Drake & Shields Intersection Improvements Project Page 11 of 28 − Monumentation sheets for the ROW plan set − Stamping and signing of the ROW plan set − Installation of monuments Consultant Tasks • Right-of-Way Plans − All drafting necessary for the ROW plan set, minus the Monumentation Sheets − Development of proposed ROW and easement line work − Development of site specific mitigation plans for each parcel. For the purposes of this proposal, please plan on mitigation plans for two (2) parcels with two (2) iterations per plan. • Development of a Final Drainage Report • Finalize the Urban Design and Landscape Preferred Alternative** • Provide design assistance during the ROW acquisition phase • Obtain Environmental / Historical Clearances in accordance with City and State requirements. This includes, but is not limited to, preparing necessary resource management plans and obtaining necessary permits. • Attend and conduct FOR meeting. Meeting minutes to be developed and provided by the Consultant. All work shall be based upon the requirements and guidelines found in the following reports: • Larimer County Urban Area Street Standards (LCUASS) April 1, 2007 http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm • Drake and Shields Conceptual Level Website http://www.fcgov.com/engineering/vsi.php • City of Fort Collins “Master Street Plan” December 18, 2011 http://www.fcgov.com/transportationplanning/msp.php • City of Fort Collins “Multimodal Transportation Level of Service Criteria” 1997 http://www.larimer.org/engineering/GMARdStds/ApdxH_04_01_2007.pdf • City of Fort Collins “Pedestrian Plan” (2011) http://www.fcgov.com/transportationplanning/pedplan.php • City of Fort Collins “2008 Bicycle Plan, Update to the 1995 Bicycle Program Plan” September 2008 http://www.fcgov.com/transportationplanning/msp.php • City of Fort Collins “Transit Strategic Plan” 2009 http://www.fcgov.com/transfort/plan-index.php RFP 7620 Drake & Shields Intersection Improvements Project Page 12 of 28 • Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011 • Colorado Department of Transportation Standard Plans, M&S Standards July, 2006  Final Engineering Phase Deliverables: • Final Engineering Project Schedule • Meeting Minutes (see Public and Stake Holder Involvement Section for anticipated meetings) • Final Drainage Report • Storm Water Management Plan • Final Urban Design and Landscape Plan • All CAT-EX Memos necessary for ROW Appraisal Clearance • ROW Plan Set • Four (4) Half Size Final plan sets (Black and White, 11x17) • One (1) .pdf file of the Final plan set • One (1) electronic copy of the Final Project Specification Book • Project Bid Tab and Opinion of Probable Cost • FOR Meeting Minutes and comment responses  “For Bidding” Submittal and Deliverables: • Four (4) Half Size “For Bidding” plan sets (Black and White, 11x17), stamped by PE • One (1) .pdf file of the Final plan set, stamped by PE • One (1) electronic copy of the Final Project Specification Book, stamped by PE  Bidding and Construction Phases: • The Consultant will be tasked with providing any necessary responses and subsequent documentation for revisions to the plans, specifications and cost estimate as a result of Requests For Information (RFI), Addenda and Field Memos which need to be issued during the Bidding and Construction Phases • The Consultant will incorporate any changes / modifications into the plan set, specifications and cost estimate, if necessary, as a result of the bidding process. A memo shall be sent to the City stating the changes RFP 7620 Drake & Shields Intersection Improvements Project Page 13 of 28 and how they were addressed prior to submitting the “For Construction” documents. • One (1) digital copy of the design drawings (AutoCAD format). This will include all design drawings, surfaces, point files and drawing sheets. • Three (3) Full Size “For Construction” sets (Black and White, 24x36), stamped by PE • Four (4) Half Size “For Construction” sets (Black and White, 11x17), stamped by PE • One (1) .pdf file of the “For Construction” plan set, stamped by PE • One (1) electronic copy of the “For Construction” Specification Book, stamped by PE • The Consultant will assist the City during the construction phase and must be willing to address constructability issues in a timely manner IV. PUBLIC AND STAKEHOLDER INVOLVEMENT The City will develop and implement a Communication Plan which addresses public involvement and stakeholder coordination. The process will include potentially affected interests such as City Council, multiple City departments, City’s Transportation Board, area property and business owners and bicycle / pedestrian advocacy groups. Consultant tasks to support the City’s public and stakeholder involvement process include: • Graphics production / reproduction • Public mailing preparation • Attendance / participation at property owner meetings and project open house events • Preparation of presentation materials • Development of press releases / media materials • Attendance at public meetings For proposal purposes please plan on attending and providing graphical support for the following: • Preliminary Engineering Phase: o One (1) Public Open House Meeting o Four (4) Project Coordination Meetings o Four (4) Utility Coordination Meetings o One (1) City of Fort Collins Council Meeting RFP 7620 Drake & Shields Intersection Improvements Project Page 14 of 28 • Final Engineering Phase: o One (1) Public Open House Meeting o Four (4) Project Coordination Meetings o Two (2) Utility Coordination Meetings o One (1) City of Fort Collins Council Meetings V. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) SPECIAL REQUIREMENTS The Consultant will be responsible for preparing documents in accordance with the National Environmental Policy Act of 1969 (NEPA); along with all federal, state and local environmental regulations. Most local agency projects will be covered by a Categorical Exclusion (CAT-EX). An environmental scoping meeting will be conducted with CDOT this spring. Items which may require clearance actions from CDOT Form #128a are as follows: • Air Quality (hot spot analysis) • ISA Checklist • Hazardous Waste – MESA (or phase 1) • A Phase 1 may be required if issues are encountered through the ISA process • History • Paleontological – conducted by CDOT • Archaeological – conducted by CDOT All applicable documents will be in CDOT format and presented to CDOT / FHWA as required. Hazardous Materials An initial site assessment using CDOT Form #881 will be conducted by the Consultant to determine if any hazardous materials may exist in the project area. If upon this assessment, hazardous materials were found to exist in the area, CDOT will determine whether a Phase I Site Assessment will be required. A Phase I Site Assessment (if necessary) will be conducted in accordance with ASTM E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. History The Consultant will be asked to assist CDOT in completing the Section 106 survey work. The consultant will submit Colorado Office of Archaeology and Historic Preservation (OAHP) site forms, topographic and sketch maps, photographs, any relevant documentation of each site recorded and a cultural resources report including determination of eligibility and effects for each recorded site for this project RFP 7620 Drake & Shields Intersection Improvements Project Page 15 of 28 to the CDOT Historian. The report will provide a history of the project corridor’s commercial and social development. The report will conform to the standards set by the OAHP. These determinations will be included in the cover letter, forms, and report submitted to the State Historic Preservation Office (SHPO) by the CDOT Historian. Storm Water Discharge Permit Associated with Construction Activity (CDPS) During construction if one acre or more of earth disturbance is anticipated a CDPS permit is required. A Storm Water Management Plan (SWMP) is one of the requirements for the CDPS permit. All SWMP’s must be approved by CDOT Region 4 Environmental Staff. VI. CONTACT INFORMATION Engineering Department Contacts: Tracy Dyer, Capital Projects Manager 970.416.2011 tdyer@fcgov.com Dean Klingner, PE Capital Projects Program Manager 970.221.6511 dklingner@fcgov.com City of Fort Collins Engineering Department 215 North Mason PO Box 580 Fort Collins, CO 80522-0580 RFP 7620 Drake & Shields Intersection Improvements Project Page 16 of 28 VII. REVIEW & ASSESSMENT Review & Assessment Criteria Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 3.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 1.0 UDBE Is the primary firm a UDBE or has the primary firm submitted UDBE participation that meets or exceeds UDBE goal for the project? RFP 7620 Drake & Shields Intersection Improvements Project Page 17 of 28 Reference Evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7620 Drake & Shields Intersection Improvements Project Page 18 of 28 VIII. SAMPLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , 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 ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. RFP 7620 Drake & Shields Intersection Improvements Project Page 19 of 28 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 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 attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and RFP 7620 Drake & Shields Intersection Improvements Project Page 20 of 28 omissions insurance in the amount of $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). 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. [Optional] Insert Subcontractor Clause 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. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made RFP 7620 Drake & Shields Intersection Improvements Project Page 21 of 28 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. 8. 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. 9. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, 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. 10. 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. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. RFP 7620 Drake & Shields Intersection Improvements Project Page 22 of 28 12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 13. 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. 14. 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. 15. 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. RFP 7620 Drake & Shields Intersection Improvements Project Page 23 of 28 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. 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. 19. 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 RFP 7620 Drake & Shields Intersection Improvements Project Page 24 of 28 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 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. RFP 7620 Drake & Shields Intersection Improvements Project Page 25 of 28 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7620 Drake & Shields Intersection Improvements Project Page 26 of 28 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Title: _______________________________ Date: _______________________________ RFP 7620 Drake & Shields Intersection Improvements Project Page 27 of 28 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7620 Drake & Shields Intersection Improvements Project Page 28 of 28 EXHIBIT 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.