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551971 FEHR & PEERS - CONTRACT - RFP - 8068 ENHANCED TRAVEL CORRIDOR MASTER PLAN FOR WEST
Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 1 of 17 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 FEHR AND PEERS, 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 seven (7) page, 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. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than July 31, 2016. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Fehr and Peers Attn: Jeremy Klop 621 17th Street #2301 Denver, CO 80293 City of Fort Collins Attn: Amy Lewin & Emma Belmont 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. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 2 of 17 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 insurance in accordance with Exhibit D consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. 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 Two Hundred Fifty-Eight Thousand Nine Hundred Fifty-Four Dollars ($258,954) plus reimbursable direct costs. All such fees and costs shall not exceed Two Hundred Seventy Thousand Dollars ($270,000), as in accordance with Exhibit C, consisting of one (1) page, attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub-contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. 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. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 3 of 17 9. 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. 10. 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. 11. Subcontractors. Service Provider 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 Service Provider. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 4 of 17 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. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 5 of 17 Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 6 of 17 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 FEHR AND PEERS By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 4/17/2015 Principal 4/20/2015 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 7 of 17 EXHIBIT A SCOPE OF WORK Fehr & Peers’ scope of work is based on the project Request for Proposals, our proposal submitted to the City and our subsequent meetings and conversations. This scope of work primarily applies to infrastructure changes on West Elizabeth Street between Overland Trail and Shields Street and recommendations for transit service in the West Elizabeth Street study area (including the existing Transfort 2, 6, 10, 19, 31, 32 and 33 routes, connecting to the Horn route and connecting to MAX through the CSU campus). Certain alternatives for infrastructure changes and transit service recommendations on West Elizabeth Street may require study of and design for segments of Shields Street, Plum Street, City Park Avenue and Constitution Avenue. The Fehr & Peers’ team scope of work includes study and design for these segments. Previous study and analysis of Shields Street as part of the West Central Area Plan (WCAP) will be incorporated into this study. The conceptual corridor design for Shields Street from WCAP will not change; however, intersection concepts on for the corridor will be evaluated through this project. The Fehr & Peers team will apply remaining WCAP funds towards further study and analysis of Shields Street. Specifically, Russell + Mills Studios will use WCAP funding (approximately $5,800) to further address the feasibility of grade-separated crossings of Shields Street and Fehr & Peers will use WCAP funding (approximately $2,000) to refine conceptual designs and analyze operations for Complete Streets improvements to Shields Street intersections. Invoicing for remaining WCAP funds will be done through the WCAP project. Throughout the project, Fehr & Peers will assist with and attend the following meetings: Kick-off meeting with City staff Public workshops: listening sessions, visioning sessions, alternatives development, etc. (up to 10) Public tours/walking audits (up to 2) – one for City staff and another for members of the public Alternatives development/evaluation charrette (per Tasks 4 and 5) TAC and SC meetings (up to 5 each) City Council work sessions (up to 2) Task 1: Work Plan Fehr & Peers will develop a work plan to guide the study effort. This will include the following elements: Refined scope of work with detailed study tasks, goals and objectives Detailed schedule identifying key milestones and deliverables Staffing plan which identifies the Fehr & Peers team and City staff roles Strategy to coordinate with relevant ongoing and recently completed studies (City staff to provide information from any recently updated and relevant studies) Establishment of the Technical and Citizen Advisory Committee (TAC and SC) (City staff to lead) Public engagement plan for the study (developed by City, refined with help from Fehr & Peers) DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 8 of 17 Fehr & Peers will host a kick-off meeting with the City to refine the scope of work, clarify project goals and outcomes and outline immediate next steps. We will provide feedback on the public engagement plan developed by the City. Deliverables: Refined scope of work Detailed schedule (included with scope of work) Staffing plan (included with scope of work) Feedback on Public Engagement Plan (in-person, via e-mail) Task 2: Corridor Understanding Report In this task Fehr & Peers will provide a comprehensive understanding of the past, present and future conditions of the West Elizabeth corridor. This task will provide the basis for the development of a vision and alternatives. To make the most of budget and time, this task will utilize existing information and analysis where available. Elements of this task include the following: Brief history of the West Elizabeth corridor Regional context Future Conditions o Future planned improvements o Future traffic conditions, LOS Review of existing plans Existing Conditions – utilize Bicycle Plan and West Central Area Plan and other existing data o Existing physical overview (cross- sections, intersections, bike facilities, pedestrian facilities, pavement, drainage, environmental, cultural, etc.) o Existing operational overview (traffic volumes, LOS, bike and pedestrian LOS/performance, crash data and patterns, transit route profiles, etc.) o Existing influence conditions (land use, socioeconomic data—regional, city, corridor, etc.) o Future planned transit service o Future land use, socioeconomic projections (regional, city, corridor) Summary of Travel Needs o Final purpose and need statement o Existing o Future Fehr & Peers will prepare a high-quality, highly visual report that communicates the corridor’s past, present and future conditions. Fehr & Peers will develop a purpose and need statement for the study supported by existing City policies and documents, that supports the corridor vision (Task 3) and that supports FHWA and FTA corridor planning requirements We will leverage our knowledge gained through the West Central Area Plan (WCAP) to address the existing operational overview, bringing a variety of transportation performance measures to the project. These performance measures include: Multimodal Performance Measures (MMPMs) for bicyclists, pedestrians and transit. The MMPMs for bicyclists, pedestrians and transit will be similar to those that Fehr & Peers developed for the West Central Area Plan. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 9 of 17 Study area: West Elizabeth Street between Overland Trail and Shields Street, Plum Street between Constitution Avenue and Shields Street, Constitution Avenue between West Elizabeth Street and Plum Street and City Park Avenue between West Elizabeth Street and Plum Street Transit vehicle delay, transit vehicle travel time and transit passenger delay. Fehr & Peers will analyze the corridor using VISSIM. Study area: West Elizabeth Street between Overland Trail and Shields Street, Plum Street between Constitution Avenue and Shields Street, Constitution Avenue between West Elizabeth Street and Plum Street and City Park Avenue between West Elizabeth Street and Plum Street Vehicle delay and level of service (LOS). Fehr & Peers will use the VISSIM simulation to quantify vehicle delay and LOS. Study area: Intersections on West Elizabeth Street and Prospect Road: West Elizabeth Street/Overland Trail West Elizabeth Street/Taft Hill Road West Elizabeth Street/Constitution Avenue West Elizabeth Street/City Park Avenue West Elizabeth Street/Shields Street Plum Street/City Park Avenue Shields Street/Laurel Street Shields Street/Plum Street Shields Street/West Elizabeth Street Shields Street/South Drive Shields Street/Pitkin Street Shields Street/Lake Street Shields Street/Prospect Road Person delay, throughput and demand served. Study area: West Elizabeth Street between Overland Trail and Shields Street, Plum Street between Constitution Avenue and Shields Street, Constitution Avenue between West Elizabeth Street and Plum Street and City Park Avenue between West Elizabeth Street and Plum Street For the Corridor Understanding Report, we assume that the City will provide the following: Right-of-way data in GIS format based on assessor’s parcel data and document surveys Traffic volumes (vehicles, bicyclists and pedestrians) Transit data (route/schedule background data, stop-level ridership, travel times, farebox data and APC/AVL) Travel time data (from Bluetooth) North Front Range MPO Travel Demand Model (2012/2040) inputs Crash data (City to prepare summary of crash data for Corridor Understanding Report with Fehr & Peers’ review) DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 10 of 17 GIS data Deliverables: Corridor Understanding Report (draft in MS Word, final in InDesign); the Corridor Understanding Report will become an appendix of the Enhanced Travel Corridor Master Plan for West Elizabeth Task 3: Corridor Vision Fehr & Peers will help staff establish a vision for the corridor with supporting goals and objectives. The vision will be based on findings from Task 2, initial public engagement, feedback from stakeholders and guidance from City Council. The public engagement plan will be a key resource in establishing a community-supported vision by providing a range of effective community engagement techniques that involve many different stakeholders within the plan area. The corridor vision will incorporate feedback from City staff and leadership, other agency stakeholders, the TAC, the SC, citizens, CSU students and other members of the community. Fehr & Peers will work with the City to develop a public engagement plan that incorporates a variety of effective and innovative approaches. Fehr & Peers will develop up to five case studies (“element-based”) of enhanced travel corridors from other jurisdictions to stimulate thought amongst public engagement participants. Deliverables: Assistance with and attendance at public engagement events as described in Task 1 Corridor vision, goals and objectives that reflects public engagement (technical memorandum format) Task 4: Alternatives Development With guidance resulting from Task 2 and Task 3 Fehr & Peers will develop a set of context- sensitive alternatives to achieve the vision, goals and objectives. The public engagement plan, developed as part of Task 1, will need to reflect how the alternatives will be vetted through an open, interactive and innovative public process ultimately leading to a final preferred plan. This task includes the following elements: Forecasted conditions for 2040: No Action, Transportation System Management and up to three additional corridor alternatives (including high-frequency/capacity transit service options) Corridor continuity enhancements (e.g., through campus) Medians/access control Bicycle and pedestrian improvements and connections (including multimodal LOS analysis)Fehr & Peers will host a day-long charrette with select City staff to develop and evaluate a broad range of context-sensitive alternatives that incorporate the elements described above. At the charrette, we will develop an evaluation matrix based on the corridor’s vision, goals and objectives (developed through public process). A key outcome of the charrette is a limited number of viable alternatives that can be further refined and then analyzed in greater details. The cross-section of an alternative may vary along the length of West Elizabeth Street between Overland Trail and Shields Street. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 11 of 17 Viable alternatives will include the following: Short-term recommendations for restructuring transit service in the West Elizabeth Street study area; short-term recommendations will assume 2015 Transfort funding levels but will also identify key enhancements that could be made with a modest funding increase Three long-term alternatives for connecting transit service on West Elizabeth Street to MAX (possibly including connections to Laurel Station, University Station or Prospect Station and interlining to the Downtown Transit Center and/or South Transit Center) Three long-term alternatives for Complete Streets improvements on West Elizabeth Street and segments of Plum Street, City Park Avenue and Constitution Avenue, including necessary connections to CSU on Shields Street; short-term implementation options will be identified for each long-term alternative (including short-term transit stop improvements) Deliverables: Alternatives development/screening charrette facilitation Technical memorandum documenting the alternatives development, alternative screening matrix methodology and results and viable alternatives being carried forward Task 5: Alternatives Evaluation, Including Sustainability Assessment This task includes evaluation of the alternatives. Part of the evaluation will use the City’s new sustainability assessment tool (SAT) related to social equity, environmental health and economic health (see Appendix A). The final SAT process for the preferred alternative will be led by the City with support from the Fehr & Peers team. In addition to sustainability criteria, other evaluation criteria could include: Operations and performance for each mode (bicyclists, pedestrians, transit, motorists) Support for corridor vision Safety Community and stakeholder support Estimated cost for construction, operations and maintenance Impact to adjacent properties Fehr & Peers will analyze short-term and long-term alternatives using the same multimodal performance measures identified in Task 2: Corridor Understanding Report. In addition to these multimodal performance measures, Fehr & Peers will analyze the extent to which each alternative fulfills the corridor vision, goals and objectives. Fehr & Peers will also use the North Front Range MPO Travel Demand Model (2012/2040) to assess the travel market on West Elizabeth Street and the extent to which each alternative serves the travel market (i.e. select link/zone analysis). Deliverables: Technical memorandum documenting: o Multimodal performance measure analysis identified in Task 2 o Assessment of alternative consistency with corridor vision, goals and objectives o Safety assessment o Low-medium-high cost of construction, operations and maintenance for each alternative o Property impacts for each alternative DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 12 of 17 Task 6: Preferred Design Based on the evaluation of alternatives and the public engagement process, a preferred design (locally preferred alternative) will be developed. The Fehr & Peers team will provide preliminary design/engineering and a cost estimate of the preferred design with a more refined design and analysis of the elements listed under Task 4. We will prepare 30 percent design for the preferred design on West Elizabeth Street from Overland Trail to Shields Street; however, will work with the City to agree on areas for less specificity if segments of Plum Street, City Park Avenue or Constitution Avenue are added to the preferred design. Value engineering opportunities will be identified by the Fehr & Peers team in the preparation of the design; additionally, an independent City review will be conducted to identify value engineering opportunities. This task should include the following elements: West Elizabeth corridor Segments Cross-section(s) Intersection improvements (including signal-related) Access control Transit facilities and service Bicycle facilities Pedestrian facilities Urban design elements Transit-oriented design elements Final sustainability assessment tool application (led by the City with support from the Fehr & Peers team) Deliverables: Design/engineering and cost estimate, including identification of short-term implementation options for the preferred design. Transit operating plans for the preferred alternative of restructured transit service in the West Elizabeth Street study area. Task 7: Implementation, Funding and Phasing Fehr & Peers will identify, evaluate and prioritize strategies to implement the preferred design for the West Elizabeth corridor. This will also include an implementation plan with phasing, funding and a process for tracking the performance of improvements. The detailed funding plan will identify the most likely funding sources for each strategy and steps needed to pursue and acquire the funding. Both near-term and longer-term actions should be identified. Our approach will position the project for success in both the Budgeting for Outcomes (BFO) process and updates to the City’s Capital Improvements Plan (CIP). We recognize that this plan needs to position the City for federal funding. Fehr & Peers will develop a modular approach to best advantage the project for continued local investment as well as external grant funding sources. With this approach, the improvements can be packaged in many ways for both phasing and funding objectives. For example, the project may be best advantaged as a series of smaller, more targeted investments that build momentum for continued implementation over time. Deliverables: Implementation, funding and phasing plan for the preferred alternative (technical memorandum format) DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 13 of 17 Task 8: Final Deliverables Fehr & Peers will finalize the project report. Finalization of interim deliverables (reports, technical memorandums, etc.) will occur on an ongoing basis throughout the project; these interim deliverables will become appendices of the project report. We assume that the City will present the plan to the various boards and commissions, including City Council. Deliverables: Final project report (draft in MS Word, final in InDesign) STAFFING PLAN Fehr & Peers will copy Amy Lewin and Emma Belmont on project correspondence. City staff may contact any member of the Fehr & Peers team; however, it is preferred that City staff communicate through Fehr & Peers’ project manager Fehr & Peers Project Manager Charlie Alexander, calexander@fehrandpeers.com, 720.539.7238 Charlie will serve as the day-to-day contact for the project. Fehr & Peers Deputy Project Manager Carly Sieff, csieff@fehrandpeers.com, 720.457.6370 When Charlie is unavailable, Carly will be Fehr & Peers day-to-day contact for the project. TMD Transit Lead David Murphy, dmurphy@tmdinc.net, 760.476.9600 Davis is the project team’s lead for transit-related tasks. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 14 of 17 EXHIBIT B WORK SCHEDULE Fehr & Peers’ proposed schedule matches the schedule identified in the project’s Request for Proposals. We will work with City staff to identify specific dates for TAC meetings, SC meetings, public engagement events and deliverable due dates. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 15 of 17 EXHIBIT C COMPENSATION DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 16 of 17 EXHIBIT D 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. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 No new insurance needed Professional Services Agreement 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 17 of 17 EXHIBIT E 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. DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- $ POLICY JECT LOC COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) Liability, but only insofar as performance under this Agreement is concerned. Insurance is primary and non-contributory per policy form. 2 of 2 #S1297407/M1186589 DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 Insured: Insurer: Policy Number: Policy Effective Date: Additional Insured: EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for “bodily injury, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with “your work” and included within the “products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for “bodily injury” or “property damage” included within the “products-completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: “Bodily injury, “property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured’s own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON-OWNED AUTO B. With respect to the operation of a “non-owned auto”, WHO IS AN INSURED is replaced by the following: The following are “insureds”: d. Anyone liable for the conduct of an “insured”, but only to the extent of that liability. Sentinel Insurance Co. LTD 57SBWVA1664 11/01/2014 Fehr & Peers The City of Fort Collings, its officers, agents and employees DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/17/2015 Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Nancy Ferrick 510 465-3090 510 452-2193 nferrick@insdra.com Fehr & Peers 100 Pringle Ave, Suite 600 Walnut Creek, CA 94596 Sentinel Insurance Co. LTD American Automobile Ins. Co. ACE American Insurance Company 11000 21849 22667 A X X X X X 57SBWVA1664 11/01/2014 11/01/2015 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X X 57SBWVA1664 11/01/2014 11/01/2015 1,000,000 B N X WZP81017914 05/01/2014 05/01/2015 X 1,000,000 1,000,000 1,000,000 C Professional Liability G23669687003 12/06/2014 12/06/2015 $3,000,000 per Claim $3,000,000 Annl Aggr. General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non-Payment of Premium). RE: ALL OPERATIONS OF THE NAMED INSURED. 8068 Enhanced Travel Corridor Master Plan for West Elizabeth. The City of Fort Collings, its officers, agents and employees are included as Additional Insured for General (See Attached Descriptions) City of Fort Collins Purchasing Department Attn: Gerry Paul PO Box 580 Fort Collins, CO 80522 1 of 2 #S1297407/M1186589 Client#: 13635 FEHRPEERS NMF DocuSign Envelope ID: F5EB9936-8930-421C-89C5-02476E2602C2