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HomeMy WebLinkAboutRFP - 9116 TAFT HILL ROAD - HORSETOOTH TO HARMONY IMPROVEMENTS PROJECTRFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 1 of 37 REQUEST FOR PROPOSAL 9116 TAFT HILL ROAD - HORSETOOTH TO HARMONY IMPROVEMENTS PROJECT PROPOSAL SUBMITTAL DUE DATE: 3:00 PM MST (our clock), April 22, 2020 The City of Fort Collins (City) and Larimer County (County) are requesting proposals from qualified consulting firms and/or teams (Professional) to provide the City with preliminary engineering design, defining right-of-way (ROW) acquisitions, obtaining local, state and federal clearances, and public outreach coordination for the Taft Hill Road – Horsetooth to Harmony Improvements Project. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A pre-proposal meeting will be held at 10:00 AM MST on April 1, 2020. The pre-proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to announce your name and mute your microphone: https://teams.microsoft.com/l/meetup- join/19%3ameeting_MmI5MmJiOGQtNGQ2OC00NGI5LWFkMDMtODBkNTFhYjllZWY0%40t hread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%225f2eeed3-6323-4a9b-92b4- c6e1b4a4b0d6%22%7d Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and conference ID. This option will only allow you to hear the audio presentation. Call-in number: (970) 628-0892 Conference ID: 728 881 116# All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer, at edale@fcgov.com, with a copy to Caleb Feaver, Project Manager, at cfeaver@fcgov.com, no later than 5:00 PM MST (our clock) on April 9, 2020. Please format your e-mail to include: RFP 9116 Taft Hill Road - Horsetooth to Harmony Improvements Project. in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet: A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be 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 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 2 of 37 discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 3 of 37 Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 4 of 37 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City) is requesting proposals from qualified consulting firms and/or teams (Professional) to provide the City with preliminary engineering design, defining right-of-way (ROW) acquisitions, obtaining local, state and federal clearances, and public outreach coordination for the Taft Hill Road – Horsetooth to Harmony Improvements Project. The successful Professional will identify and address all the tasks, issues and deliverables required in their proposal. Prospective teams must possess the expertise and experience necessary to complete the project on time and within the established budget and must be motivated to work with City and County staff and all other affected interests to accomplish the goals and objectives associated with this project. This project contains Surface Transportation Block Grant (STBG) funding as administered through CDOT. All work associated with the project must be in accordance with CDOT specifications and Larimer County Urban Area Street Standards (LCUASS). All plans must be prepared in CDOT format, and specifications must be written in the format of the latest CDOT Standard Specifications for Road and Bridge Construction. A Disadvantaged Business Enterprise (DBE) goal of five percent (5%) has been established by CDOT for the design phase of this project. Because this solicitation will be used for federally funded projects, proposals must NOT include pricing. The City will follow Brooks Act procedures and negotiate direct labor and overhead with the most qualified Professional. This Request for Proposals (RFP) is scoped through preliminary engineering design and associated tasks, however, subject to the Consultant’s performance, the City intends to utilize this RFP as the basis for award for final engineering and construction. It is the City’s intent to use the same selected Professional for final engineering and construction-associated tasks through a separate work order covered under the master agreement between the City and Professional awarded under this RFP. It is the City’s intent to hire a single Professional firm and/or team capable of executing the following duties: • Conceptual design • Developing context sensitive design approaches to complex problems • Public and stakeholder support including graphics, renderings, and material development • Civil and roadway design including intersection design • Traffic engineering including data collection and development of recommendations for improvements • Utilities engineering to include Professional Engineer (PE) stamped Subsurface Utility Engineering (SUE) plans • ROW plan development including all associated tasks (title research, boundary survey, etc.) • ROW acquisition services • Utility coordination • Geotechnical and pavement engineering • Hydraulic engineering RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 5 of 37 • Environmental clearances and coordination associated with local, state and federal regulations • Coordination with the Colorado Department of Transportation (CDOT) including obtaining all necessary clearances associated with full design, ROW acquisition, and construction • General plan development and construction support • Other services not listed that would be required to provide the full range of engineering services for the successful completion of construction plans, estimate, and specifications At this time, the City believes that a design-bid-build procurement will be preferred. However, top-rated Professionals will demonstrate an ability to execute alternative project delivery methods including CM/GC procurement. B. Background This project is being funded by local City and County funds, as well as a federal Surface Transportation Block Grant (STBG) awarded to the City and County in a joint effort and administered by CDOT. Grant funding will become available in July 2021. It is the intent of the City and County to be ready for construction when grant funding becomes available. Below is a breakdown of available and anticipated funds: • Local funds (including grant match and overmatching funds): $1.5M • Federal STBG grant: $3.8M Project limits are along Taft Hill Road from Horsetooth Road to south of Brixton Road, including the intersections at Horsetooth Road, Harmony Road, and Brixton Road. The majority of the project limits are in unincorporated County. The entire project limits are within the City’s growth management area. The Project is important to the City and County for the following reasons: • Safety – Reported injury and total crashes. Predominately rear-end crashes often associated with congestion. Number of broadside crashes is also significant. Other crash types have also been reported. • Congestion – Significant congestion observed both at arterial intersections and along Project corridor. • Multi-Modal – Sidewalks and bike lanes absent on east side of Project corridor. • Operations – Traffic safety and congestion at arterial intersections will benefit from traffic signal optimization. Required Project elements include: • Conceptual level plans for context sensitive alternatives of complete arterial roadway section addressing multi-modal use • ROW plans in CDOT format • CDOT-prequalified ROW acquisition services • Traffic engineering and coordination with City and County Traffic Engineers • Design of intersection improvements • Full design of roadway improvements • Full design of stormwater and drainage improvements RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 6 of 37 • Development of engineering plans, estimate, specifications, and phasing plans enabling the construction of the Project with minimal impacts to traffic, adjacent property owners, adjacent businesses and other stakeholders. The Project corridor and most of the properties on the east side are within unincorporated County. Context sensitive design alternatives minimizing impacts to adjacent properties while recognizing that many of the property owners may value aspects of living in the County is a key goal of the Project. Successful Professionals should demonstrate experience and ability to achieve goals of applicable standards through context sensitive solutions. Intersection improvements have been identified by City and County Traffic Engineers. It is not anticipated that a traffic engineering study will be required, however Professional should anticipate coordination with City and County Traffic Engineers in order to formalize identified improvements and determine final dimensions of improvements. Traffic signal optimization will be performed by City and County. For the purposes of this RFP, Professional can assume that any traffic analysis will be done by City and County Traffic Engineers and provided to the Professional. Known constraints through the corridor include: • Limited ROW – City and County anticipate the need to acquire ROW throughout the Project corridor. Most properties are in the County and this is a joint project between the City and the County. This will be a sensitive issue with property owners and needs to be considered during design as well as acquisition. • Access – Currently no center median or east side curb & gutter exist. Many properties are very close to the roadway. Context sensitive access control is anticipated as part of the Project. • Drainage – With the proximity of adjacent properties and lack of curb & gutter, it is anticipated that drainage improvements will be a substantial part of the Project. All work associated with the Project must be in accordance with the latest CDOT M&S standards and specifications, AASHTO standards, and Larimer County Urban Area Street Standards (LCUASS), unless otherwise approved by the City. All plans must be prepared in CDOT format, and specifications must be written in the format of the latest CDOT Standard Specifications for Road and Bridge Construction. Professional should present their experience and abilities regarding the following: • Plan preparation and coordination involving all aspects of design • ROW acquisition services • Knowledge of and experience designing context sensitive roadway corridors • Ability to work effectively as part of a team in a fast-paced project development environment II. PROFESSIONAL SELECTION PROCESS AND SCHEDULE It is the City’s intent to hire a single Professional Firm/Team for the completion of the project. A Professional Services Agreement – Work Order type will be structured in a “Cost Plus Fixed Fee” format. The Agreement shall follow CDOT and federal guidelines for procurement. Cost shall not be included in proposals and shall not be considered during selection. A Disadvantaged Business Enterprise (DBE) goal of 5% has been set for Professional services for the Project. RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 7 of 37 On-time delivery is important for the Project. Professional must explain their approach and delivery strategy to ensure an efficient schedule. Professional shall submit a detailed Project schedule outlining all phases of the project including critical milestone dates. For the purposes of this RFP, the Professional shall submit a detailed schedule breakdown through 30% design and shall submit an overall schedule showing approximate timelines and major milestones to get from 30% to final design. City has listed anticipated dates for the Consultant Selection and Project Schedule as noted below. The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. Professional Selection Process • RFP Available to the Public Week of March 25, 2020 • Pre-Proposal Meeting April 1, 2020 • Questions Deadline April 9, 2020 • Proposal Submittal Deadline April 22, 2020 • Interviews (tentative) Week of May 4, 2020 • Select and Notify Professional (tentative) Week of May 4, 2020 Anticipated Project Schedule Grant funding will become available in July 2021. It is the City’s intent to have ROW acquisition completed by December 2021 and advertise for construction (assuming a design-bid-build delivery) in January 2022. The City is open to accelerating this schedule. However, the construction contract cannot be awarded prior to grant funding becoming available. The City’s general milestones are: • Project Kickoff April 2020 • Field Inspection Review (FIR) Meeting September 2020 • Final Office Review (FOR) Meeting January 2021 • ROW Plan Approval November 2020 • ROW Acquisition Process December 2020 – December 2021 • Advertise for Construction as early as January 2022 • Construction Start Spring 2022 Professional’s schedule shall clearly indicate “critical path work items”. Professional must explain approach and strategy to ensuring this schedule is met as well as their understanding of the challenges associated with the Project. Professional’s proposal should include a detailed schedule and hours breakdown for tasks up to and including preliminary engineering (30% design/FIR), including obtaining necessary clearances and ROW acquisition. The City is very interested in Professional’s schedule and hours for final engineering (90% design/FOR) and advertisement documents. Professional should include a high-level schedule and hours through final engineering. III. SCOPE OF PROPOSAL A. Scope of Work The following is an outline of a general scope of work and may not constitute the full scope of work required to complete the project. Professional shall expand any of the RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 8 of 37 tasks listed below. Additional tasks, if deemed necessary by the Professional, shall be added to the list to ensure achievement of all project objectives. The phases shown below are assumed at this time and may be modified once the Professional is selected based on additional input. Professional should add phases that they deem necessary to the final scope of work and discuss any critical phases in their proposal. 1. Project Kickoff and Scoping Phase City Tasks: • Provide aerial maps for informational purposes (i.e. not to be relied upon for design). Date of photography: April 2013 • Provide existing topographic survey, which includes contours, striping, physical features, trees of a diameter of 6” and greater, and above ground indication of utilities. • Provide a digital copy (CAD (Civil 3d 2018) format) of existing surface and point files • Provide accident data for intersections and corridor within Project limits • Facilitate coordination with utility companies (City and private) • Facilitate project kickoff meeting with City, CDOT, County and other pertinent stakeholders Professional Tasks: • Initiate Subsurface Utility Engineering (SUE) including surveyed potholing of existing utilities • Coordinate with utility companies (City and private) to ensure accurate information is presented • Coordinate with utility companies (City and private) to determine scope of utility infrastructure improvements • Develop property analysis map including ownership, property lines, relevant easements and current tenants based on title commitments • Provide preliminary project impacts to the City for alternatives and provide input to help choose the most effective alternative • Participate in project kickoff meeting with City, CDOT, County and other pertinent stakeholders. • Develop project kickoff meeting agenda and minutes • Provide current and projected traffic volumes and turning movements at Taft Hill Road/Horsetooth Road and Taft Hill Road/Harmony Road intersections, as well as along corridor and at all minor intersections and driveways along Taft Hill Road Project Kickoff and Scoping Phase Deliverables: • Overall project schedule • Kickoff meeting agenda • Kickoff meeting minutes RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 9 of 37 2. Preliminary Engineering Phase (30% Design/FIR) This phase consists of development of a preliminary engineering plan set and final ROW plan set. Some or all Professional tasks associated with ROW plan development may be performed by the City and/or County at the City’s and County’s discretion, however the Professional should include the capability to perform all Professional tasks below in the Scope of Services. The following design considerations shall be addressed: • Safety improvements • Connectivity improvements • Property impacts • Thorough utility design including storm sewer, water quality, and outfall location(s) • Multi-modal facilities • Defining all necessary acquisition areas (ROW, permanent easements, temporary construction easements, etc.). City Surveyor will prepare exhibits and descriptions for City Council approval process for Authorization to use Eminent Domain. All acquisition will follow the Uniform Act process. Acquisition will be executed by Professional through coordination with City Real Estate Services. • Pavement investigation and design • Landscape and irrigation design incorporation • Project team will work with City Art in Public Places program City Tasks: • Coordinate with impacted property owners, businesses and residents regarding proposed improvements • Facilitate coordination with utility companies (City and private) • Installation of monuments (optional at City’s discretion) • Attend FIR meeting with CDOT, County and other stakeholders Professional Tasks: • Develop context-sensitive alternatives with the intent of minimizing impacts to adjacent property owners and businesses while accomplishing goals of the project. Alternatives may include varying roadway cross sections along each property • Develop recommended geometric improvements at all intersections and driveways, access control improvements, and any other traffic engineering improvements recommended by Professional or requested by City. Proposed improvements will be presented to City and final determination of improvements will be made by City and Professional • Determine potential ROW impacts for each alternative developed • Review title commitments • Establish existing ROW per the title commitments • Investigation of existing property pins • Develop existing property lines and easements RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 10 of 37 • Provide legal descriptions and exhibits for ROW, temporary construction easement (TCE) and permanent easement acquisitions • Tabulation of monumentation for the proposed ROW and easements • Provide information to Professional for monumentation sheets for ROW plan set • Installation of monuments (optional at City’s discretion) • Review of ROW plan set and coordination with Professional to implement comments • Stamping and signing ROW plan set • All tasks necessary to deliver preliminary engineering design (30%) 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 the following documents: o Larimer County Urban Area Street Standards (LCUASS) o City of Fort Collins Master Street Plan o City of Fort Collins Pedestrian Plan o City of Fort Collins Transfort Strategic Plan o CDOT Standard Specifications for Road and Bridge Construction o CDOT Standard Plans, M&S Standards o American Association of State Highway and Transportation Officials (AASHTO) guidelines o Americans with Disabilities Act (ADA) guidelines o Proposed Right-of-Way Access Guidelines (PROWAG) • Plans, specifications, quantity take-offs, bid tabulations and cost estimates will be submitted to the City electronically. Professional is fully responsible for Quality Assurance and Quality Control (QA/QC) of all deliverables • All tasks necessary to obtain applicable City, County, CDOT, and Federal clearances. Some clearances may need to be obtained prior to start of ROW acquisition process. Scope of clearances is discussed later in this RFP. Potential clearances include historic, environmental and noise • Identify extent of ROW, TCE and permanent easement needed. Identify property impacts associated with needed acquisitions. Professional will provide digital copy (CAD format) of proposed acquisition areas (temporary and permanent) to the City Survey Department • Develop ROW plans in CDOT format. Plans must be approved by City Survey and CDOT prior to beginning acquisition process. Professional will be responsible for coordinating with City Survey and CDOT to address any and all comments. ROW plans will be stamped and signed by City Surveyor. Plans will be tied to the City Groundmaster Coordinate System (Horizontal) and the City Vertical Control Network (NAVD88). ROW plans will include the following sheets: o Title Sheet (including project location map) o Tabulation of Properties o Project Control Diagram o Land Survey Control Diagram o Tabulation of Boundary Evidence o Monumentation Sheets o ROW Plan Sheets o Ownership Map Tasks associated with ROW plan development include RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 11 of 37 o All drafting necessary for the ROW plan set o Development of proposed ROW and easement line work o Development of site-specific mitigation plans for each parcel. For the purposes of this proposal, Professional should anticipate mitigation plans for ten (10) parcels with two (2) iterations per plan • Develop preliminary drainage report • Thorough utility design (see below for additional utility design requirements for SUE plans) o Coordinate with utility companies (City and private) including but not limited to: City Light & Power, City Broadband (Connexion), City Water/Wastewater, City Stormwater, City Fiber Optic, City Traffic, Platte River Power Authority, Xcel Energy, Comcast, CenturyLink, water districts, sanitation districts o Determine extent and location of any utility relocations o Develop preliminary level stormwater improvement plans o Consider relevant Master Drainage Plans within area o Incorporate City Utility design/work into plans as necessary • Pavement investigation and design, and geotechnical boring logs o To include subsurface exploration (borings) with laboratory test results) o To include recommendations for Hot Mix Asphalt (HMA) and Portland Cement Concrete (PCC) pavement sections • Develop landscape and irrigation plans • Attend and conduct progress meetings. Meeting minutes shall be developed and provided by Professional • Prepare agenda for FIR meeting • Attend FIR meeting with CDOT, County and other stakeholders • Prepare minutes for FIR meeting • City encourages “real time reviews” when working with Professional. Design items can be submitted prior to formal reviews in order to make the process more efficient Preliminary Engineering Phase (30% Design/FIR) Deliverables: • Preliminary Engineering Project Schedule • Meeting minutes (along with typical status update meetings, regular meetings with CDOT, County and other stakeholders are anticipated throughout the duration of the project) • Preliminary drainage report • Pavement design and geotechnical engineering report • Four (4) half-size FIR 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 the preliminary project specification book • Project bid tabulation and opinion of probable cost • FIR meeting agenda • FIR meeting minutes • Complete ROW plan set approved by the City and CDOT • All applicable clearances • Other deliverables as required by the City RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 12 of 37 3. Right-of-Way (ROW) Acquisition Phase Professional should include personnel qualified by CDOT to complete the Federal acquisition process including appraisals, negotiations, and other acquisition tasks. This Phase is optional at the City’s and County’s discretion, and either entity may use staff or a separate contract to perform these services. For the purposes of the proposal, Professional should anticipate acquisition from twenty (20) properties. Acquisition will follow the Uniform Act and County processes including use of County forms. The County will be purchasing ROW associated with the Project. County Tasks: o Seek authorization for the use of eminent domain from County Commissioners if necessary and on a per-property basis o Potentially provide closing services Professional Tasks: o Provide design assistance during acquisition phase o Provide property acquisition services o Potentially provide closing services 4. Subsurface Utility Engineering (SUE) Requirements Due to Colorado State Law SB 18-167 regarding utility investigation during design, the Professional (or sub-consultant) will be required to perform a Subsurface Utility Engineering (SUE) plan in accordance with State law. This shall include a utility plan developed to Quality Level B or better per American Society of Civil Engineers (ASCE) standards and stamped by a licensed Professional Engineer (PE) in the State of Colorado. If Quality Level B is not attainable, PE shall draft and stamp letter explaining why Quality Level B is not attainable. The Consultant shall be responsible for obtaining all applicable City, County and State permits and licenses required to perform potholing and/or locating activities, including but not limited to: City/County Contractor License, Traffic Control Permits, Excavation permits. • Professional shall have at least one Professional Engineer registered in the State of Colorado with demonstrated training and project experience in the following: o Utility infrastructure mapping scope development o Utility records research and interpretation o Utility configuration and installation practices o Utility detection geophysical theory, application, precision, and limitations o Quality assurance and quality control review of utility infrastructure mapping and report deliverables o Engineering survey, data collection, and CAD o ASCE 38 knowledge and application of the standard o Utility reports o At least 3 years of experience in delivering utility infrastructure mapping in ASCE 38, in a jurisdiction meeting the aforementioned criteria  If 3 years of experience is not feasibly attainable, Professional should document in the Proposal and explain why PE on the Professional team sufficiently meets intent of the requirements RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 13 of 37 • Professional shall have at least one utility designator with at least 3 years of direct experience working under the responsible charge of a licensed professional, with demonstrated training and project experience in o Utility infrastructure designating services of all common utility systems using the applicable geophysical equipment as listed in “Geophysical and Related Equipment” section o Utility construction practices including installation and configuration o Utility records interpretation o Utility detection geophysical applications, precision, and limitations o If 3 years of experience is not feasibly attainable, Professional should document in the Proposal and explain why utility designator on the Professional team sufficiently meets intent of the requirements • Professional shall have at least one field technician with 1 year of experience in utility exposure and visual identification of all observable common utility systems attributes using means and methods to safely and minimally expose underground utilities (e.g., vacuum systems). Experience of 1 year is intended to mean continuous work at this task function for 1 year, rather than 1 year of employment performing a wide variety of tasks, of which some include utility exposure and documentation. • Professional shall have at least one survey party chief with 2 years of experience in surveying utility designating marks and identifying the function of visible utility features. Experience of 2 years is intended to mean continuous work at this task function for 2 years, rather than 2 years of employment performing a wide variety of tasks, of which some include utility survey. o Although this survey function may be subcontracted, the data collection and documentation aspects of this work must be performed under the direction of a PE taking responsibility for making certain that the utilities as marked or exposed in the field were accurately and comprehensively surveyed, and that the utility features and exposed utilities were correctly identified. This is most easily accomplished by having an experienced competent employee of the SUE firm participate in the utility survey process with the subconsultant’s forces, or at minimum, participate in a field review when the survey is complete. • Professional shall have at least one CAD technician with 1 year of experience in reducing survey work and 1 year of experience in depicting utilities on the client’s preferred or required CAD platform. The technician should know and be able to apply the “Deliverables” section of ASCE 38. Experience of 1 year is intended to mean continuous work at this task function for 1 year, rather than 1 year of employment performing a wide variety of tasks, of which some include CAD work. o Although this CAD function may be subcontracted, the data reduction and depiction aspects of this work must be performed under the direction of a PE taking responsibility for making certain that the survey data reduction and subsequent depiction were complete and accurate and in accordance with the ASCE 38 “Deliverables” section. • Professional shall include the following survey equipment o Equipment capable of achieving 0.2-foot accuracy in X, Y planes for Quality Level B, C, and D RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 14 of 37 o Equipment capable of achieving 0.2-foot accuracy in X, Y planes and 0.1- foot (referenced to local benchmarks) for Quality Level A • Professional shall include the following excavation and related equipment o Air-vacuum excavator capable of 16-foot minimum excavation. Air- vacuum may be required for potholes inside paved areas. Water jet shall be option for potholes outside paved areas. o Asphalt/concrete removal tools o Pneumatic/air tampers for backfill • Professional shall include the following computer software o Engineering design and mapping software compatible with AutoCAD Civil 3D 2019 5. Clearances City and Professional will obtain necessary clearances from CDOT, Federal Highway Administration (FHWA), State Historic Preservation Officer (SHPO), City Landmark Preservation Committee (LPC), and any other applicable governing agencies. Professional will be tasked with taking the lead on researching and preparing permit documents. Applicable permits and documentation include, but are not limited to, the following: • Section 404 Permit – Determine if a Section 404 permit is required. If a Section 404 permit is required, Project will be responsible for ensuring all conditions of the permit are adhered to, including preparation of the mitigation plan. • Migratory Bird – Surveys and assessments will be conducted for all migratory birds that could potentially occur within the project site and be affected by the project. Impactful work can include removal of trees, work on bridges or other structures, and clearing and grubbing of vegetation. Colorado Parks and Wildlife (CPW) recommended buffer zones and seasonal restrictions for Colorado raptors should be followed. • Historic Resources – In order to comply with Section 106 of the National Historic Preservation Act, a file search through History Colorado’s COMPASS cultural resource database must be conducted. If Project has potential to directly or indirectly impact properties 50 or more years old, conduct intensive-level field survey to document and evaluate significance of historic resources per the National Register of Historic Places eligibility criteria. If appropriate, prepare inventory forms and draft determination of eligibility and effects letter to facilitate consultation with SHPO. Professional must meet Secretary of the Interior’s Professional Qualifications Standard for historians and/or architectural historians. CDOT Region 4 staff historian will approve Area of Potential Effect (APE) and will initiate consultation with SHPO if needed. If Project results in a finding of No Adverse Effect to a historic resource under Section 106, Professional shall prepare 4(f) de minimus letter for FHWA review and approval. • SWMP and MS4 compliance – If Project occurs within CDOT owned ROW, City will have to follow all CDOT SWMP development and MS4 (permanent water quality) requirements including reviews and approvals by CDOT staff authorities. • Noxious Weeds – Identify all noxious weeds within the construction area (any disturbed areas). If noxious weeds are abundant and/or can be spread during construction activities, Professional shall prepare a weed management plan for both control and treatment. RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 15 of 37 • Air Quality/Conformity – Determine if Project area is in a nonattainment or maintenance area. If Project is within one of these areas, Project will be required to demonstrate that it is either exempt from air conformity or will be required to perform all needed tasks to demonstrate Air Conformity, including but not limited to hot spot modeling and Level of Service for both existing and future (year 2040) conditions. Professional shall perform all necessary services to demonstrate exemption or Air Conformity. • Noise – Determine if Project requires noise analysis (Type I). Noise analysis will be required if noise sensitive receptors are present within Project area. Professional shall conduct any and all analysis needed to demonstrate compliance. DOT Noise Analysis and Abatement Guidelines (NAAG), Section 7, page 42: For all highway traffic noise evaluations on a CDOT project or a project requiring CDOT approval, the noise analyst performing the highway traffic noise evaluation must, at a minimum, hold a certificate of completion from an FHWA approved training course for use of TNM. An educational background including principals of highway traffic noise, such as NHI Principals of Highway Noise, and FTA transit noise screening evaluation (as appropriate) are the expected minimum threshold of understanding for all noise specialists on CDOT projects. CDOT Statewide Scope of Work: Consultants performing noise analysis for CDOT shall also have the experience and training described in the most current CDOT Statewide Scope of Work. The most current version is CDOT Statewide Non-Project Specific Environmental & Traffic Modeling Engineering Services – FY 2019 – FY 2021 Scope of Work. Noise consultant requirements are listed under Section Three (“As Needed” Services), Part C (Environmental Services), Part 5 (Traffic Noise Analysis and Modeling) as follows: o Familiarity with FHWA noise regulations contained in 23 CFR 772 o Familiarity with traffic Noise Abatement Criteria (NAC) o Demonstrated familiarity with CDOT and FHWA noise program o Expertise with noise modeling techniques and methodologies used in the State of Colorado (TNM 2.5/3.0 versions) and completion of Noise Analysis Training. o Expertise with conducting noise studies and analyses for highway projects following CDOT Noise Analysis and Abatement Guidelines o Expertise with gathering, evaluating and assessing highway traffic data for noise analysis o Knowledge of AutoCAD/Microstation/GIS for engineering level design and for planning purposes, design of noise mitigation and alternative analysis o Expertise with noise model mitigation analysis to optimize cost and benefit with impacts • Non-historic 4(f) – Compliance with non-historic 4(f) documents with review by CDOT and submittal by CDOT to FHWA. This includes any mitigation. All documents will be reviewed by CDOT before considered final. City Tasks: • Coordinate permit submittals with governing agencies Professional Tasks: RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 16 of 37 • Prepare documents in accordance with the requirements of the current federal and state regulations including National Environmental Policy Act of 1969 (NEPA). For NEPA documentation the Project will likely qualify as a Programmatic Categorical Exclusion. Work should include all preparation and submittal of required documents listed above. CDOT Tasks: • Archeology assessments and/or surveys • Paleontology assessments and/or surveys • Threatened and Endangered Species • Wetland Delineation • Hazardous Waste 6. Public and Stakeholder Involvement City will develop and implement a Communication and Public Outreach Plan which addresses public involvement and stakeholder coordination. Process will include potentially affected interests such as City Council, County Commissioners, multiple City and County departments, City Transportation Board, and area property and business owners. Professional tasks to support City’s public and stakeholder involvement process include: • Graphics production and reproduction • Attendance and participation at project events (such as open houses) • Preparation of presentation materials • Attendance at public meetings For proposal purposes, Professional should assume attending and providing graphics support for the following: • FIR Design Phase o One (1) public open house meetings o One (1) City Transportation Board meeting • FOR Design Phase o One (1) public open house meeting B. Interviews In addition to submitting a written proposal, the top-rated Professionals may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section V. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to: RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 17 of 37 • Remote interviews through a platform such as Microsoft Teams or Zoom • Providing Professional with a list of questions and asking the Professional to provide presentation and answers to questions through a pre-recorded video C. Travel & Expenses Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable per the current rates found at www.gsa.gov. D. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. E. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. F. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. G. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. H. Work Orders The awarded Vendor(s) will be expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to choose which Vendor to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the agreement). Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 18 of 37 I. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 19 of 37 IV. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty (20) double sided or forty (40) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Brevity is appreciated and encouraged when possible. Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and should be limited to those pages which cannot be feasibly displayed on 8.5 x 11. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Consultant Selection Process and Schedule Section. B. Vendor Information 1. Describe your firm’s business and background 2. Number of years in the business 3. An overview of services offered and qualifications 4. Size of the firm 5. Location(s) of offices. If multiple, please identify which will be the primary for our account. 6. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section VI, Vendor Statement. C. Scope of Proposal 1. Project Understanding: Provide a summary of your team’s understanding of the project. 2. Project Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. The narrative should include any options that may be beneficial for the City to consider. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost-effective ideas to create a successful plan. 3. Describe how the project will be managed and who will have primary responsibility for the timely and professional completion. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. D. Firm Capability RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 20 of 37 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this project. Include a notation for the ones who are DBE certified. 2. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work and any change orders. 3. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 2. Provide a resume for each professional and technical person assigned to the project, including partners and/or sub consultants. Please limit resumes to one page. F. Availability 1. Provide a design schedule through 30% as well as a breakdown of proposed hours of work for each phase. The schedule shall detail all items required to meet the advertisement date and shall clearly indicate critical path work items. Schedule should include realistic timelines for obtaining clearances and ROW acquisition. If the provided project schedule described in this RFP is not attainable, provide an explanation as to why it is not and how it must be adjusted. 2. Provide an overall schedule from 30% through final design with high level milestones and critical items to be addressed. Schedule should include realistic timelines for obtaining clearances and ROW acquisition. 3. Are other qualified personnel available to assist in meeting the project schedule if required? G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. In addition, highlight areas of opportunity in the project where sustainability could be applied and/or improved. H. Additional Information RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 21 of 37 Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VII) shall be documented. RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 22 of 37 V. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview. At the discretion of the City, interviews of the top-rated Vendors may be conducted. Final score may include evaluation of elements from the written proposal and interview. 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 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the Project objectives and results/outcomes required by the Project? Does Professional show an understanding of funding requirements associated with federal grants? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do assigned personnel have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the Project? 2.0 Availability/Motivation Can the work be completed in the necessary time? Can target milestone 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? 3.0 Firm Capability Does the Professional have the resources, financial strength, capacity and support capabilities required to successfully complete the Project on- time and in-budget? Has the Professional successfully completed previous projects of this type and scope? Is the firm capable of meeting or exceeding the 5% DBE goal for the project? RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 23 of 37 B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. Evaluation rankings will be labeled Satisfactory/Unsatisfactory. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were milestone dates met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Did Professional respond favorably to changes in Scope of Work? Budget Was the original Scope of Work completed within budget? Job Knowledge Did Professional demonstrate necessary knowledge, skills, and abilities to perform all aspects of design of the project? Did Professional select subconsultants with necessary knowledge, skills, and abilities? RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 24 of 37 VI. ACKOWLEDGEMENT Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Professional hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Professional’s knowledge and belief. b. Professional commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Professional further agrees that the method of award is acceptable. e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Professional acknowledges receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 25 of 37 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 the "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 any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of ( ) page(s) and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page 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 stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 26 of 37 5. Early Termination by City/Notice. 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 address: 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. 6. Design, Project Insurance 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 insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 27 of 37 Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the 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. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, 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. 12. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The 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 Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 28 of 37 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. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 29 of 37 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. 20. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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. The 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 Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 30 of 37 Agreement. c. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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 the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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. 22. 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. Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 31 of 37 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 32 of 37 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 33 of 37 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 34 of 37 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 35 of 37 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 36 of 37 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 9116 Taft Hill Road – Horsetooth to Harmony Improvements Project Page 37 of 37 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