HomeMy WebLinkAbout557694 HUITT-ZOLLARS INC - CONTRACT - RFP - 8133 NORTH COLLEGE PEDESTRIAN GAP PROJECTProfessional Services Agreement
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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 HUITT-ZOLLARS INC., 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 twenty (20) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit “A” to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
2. Contract Period. This Agreement shall commence October 15, 2015, and shall
continue in full force and effect until October 14, 2016, 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.
3. 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.
4. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
Professional: City: Copy to:
Huitt-Zollars Inc
Attn: Gerald Prusik
4582 S Ulster St., Ste 240
Denver, CO 80237
City of Fort Collins
Attn: Caleb Feaver
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
5. 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 Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
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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 “C”, consisting of one (1) page, attached hereto and
incorporated herein.
7. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost
basis in accordance with Exhibit “B”, consisting of three (3) pages, attached hereto and
incorporated herein, with maximum compensation (for both Professional's time and
reimbursable direct costs) not to exceed Two Hundred Forty-Six Thousand Eight
Hundred Sixty-Two Dollars and Twenty-Five Cents ($246,862.25). Monthly partial
payments based upon the Professional's billings and itemized statements of
reimbursable direct costs are permissible. The amounts of all such partial payments
shall be based upon the Professional's City-verified progress in completing the services
to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the
work by the City. Upon final payment, all designs, plans, reports, specifications,
drawings and other services rendered by the Professional shall become the sole
property of the City.
8. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable Mylar base material using a non-fading process to provide for long
storage and high quality reproduction. "CD" disc of the as-built drawings shall also be
submitted to the City in an AutoCAD version no older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the
City Representative with a written report of the status of the work with respect to the
Scope of Services, Work Schedule, and other material information. Failure to provide
any required monthly report may, at the option of the City, suspend the processing of
any partial payment request.
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11. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any
other purpose.
12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
“A”, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
of the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor
will be required to comply with all applicable terms of this Agreement, (c) the subcontract
will not create any contractual relationship between any such subcontractor and the City,
nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the
work of the subcontractor will be subject to inspection by the City to the same extent as
the work of the Professional.
13. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior
written consent of the City.
14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to the City under this
Agreement.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require
specific performance; or (c) avail himself of any other remedy at law or equity. If the
non-defaulting party commences legal or equitable actions against the defaulting party,
the defaulting party shall be liable to the non-defaulting party for the non-defaulting
party's reasonable attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
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agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision
of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
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
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Department of Labor and Employment (the “Department”) made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Professional shall be liable for
actual and consequential damages to the City arising out of Professional’s
violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
HUITT-ZOLLARS INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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Vice President
Gerald Prusik
10/31/2015
11/10/2015
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EXHIBIT A
SCOPE OF WORK
The City of Fort Collins Engineering Department has selected our Huitt-Zollars, Inc. led
design team to provide the City with preliminary and final engineering design, and design
support during construction of the North College Pedestrian Multi-Use Path Project. Our
team will address the tasks, issues and deliverables identified in our proposal; we possess
the expertise and experience necessary to complete the project on time and within the
established budget; and are motivated to work with City staff, the Colorado Department of
Transportation (CDOT), Larimer County, the affected ditch company, and other
stakeholders to accomplish the goals and objectives associated with this project. This
project will impact a State of Colorado facility and a local irrigation ditch. This project
contains federal funding, and therefore work associated with the project must be in
accordance with CDOT specifications and Larimer County Urban Area Street Standards
(LCUASS).
I. INTRODUCTION
US Highway 287 (North College Avenue) from the Larimer and Weld Canal to State
Highway 1 serves as part of a regional corridor north of Fort Collins city limits but within the
City’s Growth Management Area (GMA). Within this section, the roadway is a four lane
highway with a striped center turn lane, unpaved shoulders and roadside ditches. The
roadway has no pedestrian or multimodal facilities. The bridge which carries US Highway
287 over the Larimer and Weld Canal is owned and maintained by CDOT, and is too
narrow to accommodate multimodal travel. Many pedestrians and cyclists use US Highway
287 to access residential, employment, commercial and service destinations.
The City’s multiphase North College Corridor Improvements have constructed multimodal
facilities from the Jefferson and College intersection to the City Limits located at the Larimer
and Weld Canal. CDOT plans to construct roadway and multimodal improvements along US
Highway 287 from the Laporte Bypass to State Highway 1 over the next several years. US
Highway 287 from the City Limits to State Highway 1 will be the only unimproved section of
North College Avenue.
Multimodal travel along US Highway 287 is important to the City of Fort Collins, along with
the North Front Range region for many reasons, including the following:
o North College is the City’s primary northern entryway.
o Residents living north of the City along US Highway 287 often walk or ride bicycles
to the newly developed areas along North College.
o Residents utilize North College Avenue to access County services located south of
the project limits. Pedestrians have to travel near, or merge with, vehicle traffic in
order to access services.
The City of Fort Collins is currently constructing the final phase of the North College
Corridor Improvements within the City Limits. The City anticipates CDOT will construct
roadway and multimodal improvements along US Highway 287 from the Laporte Bypass
to State Highway 1 over the next several years. The City’s North College Pedestrian
Multi-Use Path Project is planned to start construction in late 2016 or 2017.
The City has secured Congestion Mitigation and Air Quality (CMAQ) funds for the design
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and construction of improvements, as well as right of way (ROW) acquisition. Currently,
available funds include:
CMAQ Funds $752,000
Local Match $156,323
Total $908,323
No additional funds are anticipated at this time.
Goals for the North College Pedestrian Multi-Use Path Project:
o Create a multimodal connection to complete the infrastructure gap between
the Larimer and Weld Canal and State Highway 1.
o Support the economic viability of the project area.
o Upgrade the image of the North College Corridor while minimizing
impacts to existing infrastructure
o Maintain compatibility with utilities including stormwater, water, sewer,
power, natural gas and communications.
o Maintain compatibility with the nearby floodway and floodplain.
o Coordinate with CDOT, Larimer County and the Larimer and Weld Canal
ditch company.
This project will impact a State facility as well as an irrigation ditch outside the City Limits.
Partnership and coordination between the City, the Consultant, CDOT, Larimer County and
the ditch company is imperative throughout the duration of the project. Joint reviews at
critical milestones are a critical part of coordination. In addition, the project team will support
a thorough City public outreach and engagement process with project stakeholders to
ensure the improvements meet the immediate needs of the area as well as serve the long-
range vision.
The goal of this contract is to gather data, develop preliminary and final engineering plans
and specifications for the pedestrian ditch crossing(s) and pedestrian path(s), determine
urban design treatments, develop a project bid tab, develop a cost estimate for the project,
support the City to develop ROW plans for the project, and support the City during the ROW
acquisition phase of the project. Urban design for this project should be similar to other areas
along the North College Corridor.
II. PROJECT SCHEDULE
Below are anticipated phases for the project. A project schedule will be prepared and
submitted to the City of Fort Collins for review. Once approved, the project schedule will
be reviewed at the regular progress meetings, and updated as necessary.
o Concept Design/Alternatives Selection
o Preliminary Engineering
o Historic and Environmental Clearances
o Final Engineering
o Right of Way Acquisition
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o Construction
Construction of the project will be addressed through a future bid process and is
not included in this Scope of Work.
III. SCOPE OF WORK
A. DESIGN STANDARDS, PUBLICATIONS, AND CRITERIA
The following standards shall serve as guidelines for design. This list is not all inclusive.
The consultant is encouraged to utilize other applicable resources as necessary. Final
design may need to incorporate context sensitive solutions.
Larimer County Urban Area Street Standards – April 1, 2007; Updated February 17,
2015 http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm
City of Fort Collins Master Street Plan – December 17, 2013
http://www.fcgov.com/transportationplanning/msp.php
City of Fort Collins Multimodal Transportation Level of Service Criteria – March 28,
1997 http://www.larimer.org/engineering/GMARdStds/ApdxH_04_01_2007.pdf
City of Fort Collins Pedestrian Plan – February 15, 2011
http://www.fcgov.com/transportationplanning/pedplan.php
City of Fort Collins 2008 Bicycle Plan, Update to the 1995 Bicycle Program Plan
– September 2008 http://www.fcgov.com/bicycling/bike- plan.php
City of Fort Collins Transfort Strategic Plan – August 2009
http://www.ridetransfort.com/abouttransfort/plans-and-projects/transfort-strategic-
plan
City of Fort Collins North College Corridor Plan – March 14, 2007
http://www.fcgov.com/planning/pdf/nccp-doc.pdf
US 287/SH 14 Access Management Report – April 4, 2000
http://www.fcgov.com/transportationplanning/sh14.php
Colorado Department of Transportation Colorado State Highway Access Code – 1998
with March 2002 Revisions
Colorado Department of Transportation Standard Specifications for Road and Bridge
Construction – 2011
Colorado Department of Transportation Standard Plans, M&S Standards – 2012
Colorado Department of Transportation CDOT Design Guide – 2005
B. DESIGN SOFTWARE
Design drawings and reports will be delivered electronically in PDF and/or AutoCAD
format. Civil 3D shall be the software used for the design of all horizontal and vertical
components of the project. Microsoft Word, Excel, Project, and PowerPoint will be used
for report, schedule and presentation preparation. Electronic submittals will include
construction plans, special provisions, drainage reports, and geotechnical report.
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C. PROJECT MANAGEMENT
a. Project Schedule
Work will start upon receipt by the Consultant of the written Notice-to-Proceed and
will be completed within an agreed upon time. The Consultant's project manager
will develop a time schedule for the required work. The design schedule, with
criticalpath activities identified, will be completed in bar chart format before the
kick-off meeting. The schedule and work hour estimate will be prepared with the
same organization and breakdown as in this Scope of Work. The schedule will
include design activities and will be distributed at the kick-off meeting.
The City anticipates that construction of the project will begin in late 2016 or 2017.
Furthermore, the consultant will be responsible for timely attainment of
necessary permits and approvals for the project from affected entities.
b. Project Coordination
The working contact will be with the City of Fort Collins’ Project Manager and
the Consultant's Project Manager. The Consultant's Project Manager will
provide:
1. Written summary reports of meetings and conversations with the City, CDOT,
County, utility companies, irrigation/ditch companies, citizens, etc., both by
telephone and in person.
2. Copies of written communications.
3. Regular status meetings shall be budgeted throughout the duration of the
design process.
c. Design Decisions
The Consultant is responsible for using the design criteria and ensuring
compliance with current design and construction standards in accordance with
required project specifications. Any conflicts involving design decisions,
construction materials, or construction methods, between the listed references
and design criteria will be resolved with the City.
d. Progress Reports
The Consultant will document work progress, and project meetings through
monthly progress reports submitted to the City Project Manager as part of the
monthly billing procedure.
e. Progress Meetings
The City of Fort Collins and Consultant's Project Manager will meet on a regular
basis. These progress meetings will be used to coordinate the work effort and
resolve project problems. Meetings may involve City staff, Consultant staff,
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other agencies, adjacent and affected property owners, utility companies, etc.
The meetings will follow the agenda listed below:
1. Activities completed since the last meeting.
2. Problems encountered.
3. Late activities.
4. Activities required by the next progress meeting.
5. Solutions for the unresolved and anticipated problems.
6. Project coordination with the other private or government entities.
7. Budget status.
f. Routine Requirements
The Consultant will provide the following on a routine basis:
1. Coordination of all design and construction activities.
2. Minutes of all meetings. The minutes will be provided to the City Project
Manager within five (5) working days after the meeting. When a definable
task is discussed during a meeting, the minutes will identify the "Action Item,"
who is responsible for accomplishing it, and the completion date.
3. In general, reports and submittals must be approved by the City of Fort
Collins.
D. DATA COLLECTION
a. National Environmental Policy Act (NEPA) Special Requirements
The Consultant will be responsible for preparing documents in accordance with
the National Environmental Policy Act of 1969 (NEPA) and federal, state and
local environmental regulations. The City has requested a phase 1 environmental
review and anticipates that the projects will be covered by a Categorical
Exclusion (CatEx).
An environmental scoping meeting has been conducted with CDOT. The
following items are anticipated to be evaluated as part of the study. These
documents will be in CDOT’s format and presented to CDOT for review and
submittal to the appropriate agencies for the following clearances:
1. Threatened or Endangered Species
If it is determined that habitat for any threatened or endangered (T&E)
species could potentially occur within or adjacent to the project site, a
biologist qualified will conduct T&E assessments and/or surveys. It will
be the biologist’s responsibility to follow survey protocol and obtain all
applicable permits to conduct the survey which will include, but may not
be limited to: Review and conduct an initial threatened or endangered
species assessment (USFWS IPaC) for all Federal and State listed T&E
species in Larimer County that could potentially occur in or be affected
by the project. This should include the five species that occur
downstream of the project site along the South Platte River. If it is
determined that habitat or potential habitat for any listed species occurs,
formal consultation following Section 7 with U.S. Fish & Wildlife Service
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(USFWS) should occur as well as consultation with Colorado Parks &
Wildlife for state listed species. The results of the survey will be
documented in a Biological Resources Report, and a concurrence letter
from the USFWS will be obtained.
2. Wetlands
If it is determined that wetlands exist within the project area, a wetland
ecologist or other qualified person will conduct a wetland determination
and if needed, a wetland delineation. The wetland delineation shall be
conducted according to the guidelines outlined in the 1987 Corps of
Engineers (Corps) Wetland Delineation Manual, and CDOT procedures.
Wetland boundaries will be surveyed into the project plan sheets, and
temporary and/or permanent impacts determined. The existing conditions
regarding wetlands will be documented in a Wetlands Finding Report, or a
Biological Resources Report, depending on the amount of impact. If the
wetlands are jurisdictional, project activities will be subject to Section 404
permitting through the U.S. Army Corps of Engineers (Corps).
Field surveys will be completed by a team of two biologists. Field surveys
for noxious weeds, SB40, and threatened and endangered species will be
conducted concurrently with the wetlands/Waters of the U.S. survey.
For all mitigation requirements, coordination with Jim Eussen, CDOT R-4
Planning and Environmental Unit (970.350.2167) will be initiated.
3. Section 404 Permitting
If a Section 404 permit is required, the applicant will be responsible to
ensure all conditions of the permit are adhered to, including preparation
of a mitigation plan. CDOT requires a copy of the US Army Corps of
Engineers permit. This project is presumed to fall under the
requirements of a either a NWP 14 (Linear Transportation Projects) or a
NWP 41 (Reshaping Existing Drainage Ditches) Nationwide Permit.
4. Colorado Parks and Wildlife Senate Bill 40
Senate Bill (SB) 40 requires any state, or state funded project to obtain
wildlife certification from the Colorado Parks and Wildlife when
construction is planned in any stream, streambanks or tributaries, either
under CDOT Programmatic protocol or a formal request, if required.
Documentation will consist of completion of draft SB 40 application.
CDOT will approve draft SB40 application and facilitate consultation with
Colorado Parks and Wildlife. A formal SB40 Certification Report will be
prepared (including documentation of existing conditions).
5. Hazardous Materials
An initial site assessment using CDOT form 881 will be conducted to
determine if any hazardous materials may exist in the project area. If upon
this assessment, hazardous materials were found to exist in the area,
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CDOT will determine whether a Phase I Site Assessment will be required.
If required, a Phase I Site Assessment will be conducted in accordance
with ASTM E 1527-05 Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process. This
Scope of Work presumes that a Phase I Site Assessment will be required.
Limited asbestos and/or lead paint sampling will be completed to support
potential demolition activities, if this occurs on existing bridges/culverts
(including bridge rails, guardrails and joints). No soil of water testing will be
conducted.
6. Storm Water Discharge Permit Associated with Construction Activity
(CDPS)
During construction if one acre or more of earth disturbance is
anticipated a CDPS permit will be required prior to commencement of
construction activities. A Storm Water Management Plan (SWMP) is
one of the requirements for the CDPS permit. All SWMP’s must be
approved by R4 region environmental.
An Erosion Control plan will be developed during design. CDOT must
approve any seeding mix used for revegetation within CDOT right-of-
way. A SWMP will be provided as part of the project plans, regardless
of the amount of disturbance.
7. Historical Clearance
CDOT Region 4, Staff Historian has completed a review of the Larimer
County Assessor’s property record; the 1960 USGS 7.5' Fort Collins
quadrangle map, COMPASS database, and CDOT's structures
database to determine if any historical resources occur along the US
287/North College Avenue corridor between Grape Street on the south
and Terry Lake Road, Highway 1 on the north. The following resources
have been identified:
o Larimer and Weld Canal (Eaton Ditch/Eaton Canal) -
5LR.863; crosses corridor just north of Grape Street;
OFFICIALLY ELIGIBLE
o Bridge B-16-W, built in 1949 at MP 348.373 spanning the L&W Canal
- 5LR.9502; OFFICIALLY NOT ELIGIBLE
o 2000 N. College Avenue - 0.88 acre parcel on east side of street
containing house built in 1940 (Parcel No.98363-00-015);
UNRECORDED
o 2001 N. College Avenue - 0.69 acre parcel on west side
of street containing commercial/retail store building built
in 1962 (Parcel No. 98354-00-026); UNRECORDED
o 2019 N. College Avenue - 1.42 acre parcel on west side of street
containing commercial/service garage building erected in 1942 and
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remodeled in 2002 (Parcel No. 98354-00-003); UNRECORDED
o Outlet ditch from Terry Lake extending south to the Larimer and
Weld Canal, on the east side of North College Ave./US 287:
UNRECORDED
The Consultant will need to generate an Area of Potential Affects (APE)
map, overlaid on an aerial photo encompassing the survey area. The
Consultant will also be required to prepare inventory forms and other
relevant documents for each unrecorded property/feature and draft
eligibility and effects determination (DOE) letter to facilitate consultation
with the City. The City will coordinate directly with the State Historic
Preservation Office (SHPO). The letter, site forms and other documents
will conform to the standards set by the Office of Archaeology and Historic
Preservation (OAHP). The consultant responsible for these tasks must
meet the Secretary of the Interior’s Professional Qualifications Standards
for Historians and/or Architectural Historians. Region 4, Staff Historian,
Jason Marmor (970.350.2153) will approve the APE, review eligibility and
effects letter, and will initiate consultation with SHPO.
8. Section 4(f)
Section 4(f) refers to the section within the U.S. Department of
Transportation Act of 1966 which provided for consideration of park and
recreation lands, wildlife and waterfowl refuges, and historic sites during
transportation projects and applies to projects that receive funding from or
require approval from FHWA. If a 4(f) resource is present, it must be
determined that there is no feasible and prudent alternative that avoids
the 4(f) resource and that the project includes all possible planning to
minimize harm to the 4(f) resource; or, it can be demonstrated that the
project has a de minimis impact on the Section 4(f) resource. If a 4(f)
resource is impacted by the project and such impacts are determined
adverse, the Consultant would be required to prepare the documents to
address the 4(f) resource. If the project has a de minimis impact on the
4(f) resource, the Consultant (for the City) would prepare the document.
This Scope of Work presumes that the proposed improvements will have
no adverse impacts on Section 4(f) resources.
All documents will be reviewed by CDOT before considered final. Sec 106, 4(f)
adverse, and SB 40 documents will be prepared for CDOT. CDOT will then submit
to each respective agency.
The following NEPA requirements will be performed by
CDOT:
o Air quality analysis
o Noise analysis and abatement evaluation
o Archeology assessments and surveys
o Paleontology assessments and surveys
o Non-historic 4(f) and 6(f) determination
b. Survey
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1. Field Survey (to be completed by the City of Fort Collins)
a) Project Control
CDOT Region 4 Survey Unit will supply project control.
Verify CDOT control.
Calibrate survey equipment.
Prepare Site Calibration for GPS TMOSS.
b) TMOSS Survey
Conduct field TMOSS survey which includes (but not limited to):
Parcel Boundary/Appraisal features.
Utility locates/ Geotechnical borings. Coordination of utility
locates and geotechnical boring will be provided by the design
team. Utility pot holes and survey thereof shall be by the City.
All information will be marked at the time of survey.
Perform quality checks of gathered data.
c) Boundary Location Survey – adjacent Parcels.
Conduct ROW/boundary data research.
Perform/verify field ties of boundary evidence.
d) Boundary Survey Model – adjacent Parcels.
Analyze boundary evidence.
Develop existing ROW and property line model.
e) Topographic Survey
Complete a topographic survey of approximately 2.5 acres of
property, approximately 100 feet on each side of the current
centerline of U.S. Highway 287 bounded on the south by the
south right of way line of the Larimer and Weld Canal and on
the north by the north right of way line of Terry Lake
Road/Colorado Highway 1.
2. Survey Data Research
a) CDOT or the City of Fort Collins will provide the following:
i. Existing ROW plans and ROW monument tabulations.
ii. Existing Project Control through the project corridor.
iii. Electronic files of existing topography.
b) The City of Fort Collins will complete the following:
i. Locate pertinent aliquot controlling corners, right-of-way
monumentation, and boundary markers to determine the
location of the right of way.
ii. Resolve any boundary discrepancies.
iii. Provide enough title work information to illustrate the boundary
of the current CDOT property adjoining the parcel acquisition.
iv. Check data to ascertain that it is complete and final.
v. Obtain current title commitments for the effected parcels. One
title commitment per parcel for a total of 9 parcels is
anticipated.
3. Prepare 3D Model from Data Provided by the City of Fort Collins
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a) Coordinate Geometry (COGO) coordinates will be based on the
existing project control.
b) All tied or verified property control corners for the project (including
aliquot corners, property corners, ROW markers, etc.) will use the
unique number assigned during the TMOSS survey and will be
entered into the model.
c) Calculate the coordinates for property boundaries (using appropriate
surveying procedures) and assign unique numbers to the angle point
of each boundary while developing the initial ROW Ownership Map.
d) Prepare Land Survey Control Diagram.
c. Geotechnical Engineering
1. Field Exploration
Drill up to a total of 6 exploratory borings along the proposed pathway
alignment. One boring will be located on either side (north/south) of the
two potential independent bridge structures on the east and west side of
College Ave. These borings will be drilled to depths ranging from about
20 to 30 feet. Two additional borings will be spaced at approximately
500 foot intervals along the proposed alignment (in anticipation of
potential retaining wall(s)) and will be drilled to depths of about 5 to 10
feet. The final depth of the borings will be determined in the field as
drilling progresses and as the subsurface profile becomes evident. The
borings will be made to obtain information on the subsurface profile, to
obtain samples for laboratory testing, and to estimate the ground-water
level and depth to bedrock, if encountered within the drilled depth.
We will coordinate with the Utility Notification Center of Colorado to locate
buried utilities prior to drilling. Utilities cleared through this service will not
include privately owned onsite utility lines. The Consultant should review
the proposed boring locations once they are staked in the field and verify
that borings are clear of privately-owned underground utilities.
It is likely that the field activities will be away from actively traveled traffic
lanes and minimal traffic control will be required to perform our field
investigation. It is anticipated that the borings will be within the City of Fort
Collins or CDOT right-of-way and that special access permits will be
required. The Consultant shall be responsible for permit acquisition, but
we assume that these permits will be issued at no cost.
2. Laboratory Testing
Conduct a laboratory testing program on selected samples obtained from
the borings to determine:
Moisture content
Density of undisturbed fine-grained samples
Gradation characteristics of coarse-grained samples
Consolidation and/or swell potential (of fine-grained soil samples)
Atterberg limits
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Water soluble sulfates
3. Analysis
Analyze the data obtained from the field and laboratory portions of the
study to provide engineering recommendations for:
Foundation type or types, depths and allowable bearing pressures
Axial and lateral design criteria for deep foundations, if necessary
Lateral earth pressures for wing walls
Surface drainage
Mitigation of sulfate attack, if any, on concrete
Wall backfill soil type and degree of compaction
Foundation construction criteria
Pavement design for the pathway and ancillary roadway
pavements that may be affected during construction using the
Larimer County Urban Area Street Standards and AASHTO
methodology based on subgrade soil group index values
Excavation, dewatering, temporary shoring considerations
Seismic Site Classification
4. Report
Prepare a report summarizing site exploration data and laboratory test
results and providing conclusions and recommendations. The field work and
report preparation will be supervised by a registered professional engineer.
d. Utility Investigation and Coordination
1. Data Collection
A search of the UNCC database will be performed to identify the utility
owners and facilities in the project area. Information obtained during
previous phases of the project will be reviewed and supplemented by
coordinating with utility owners, getting and surveying field locates (field
locates by City of Fort Collins) and field verification to provide a good
understanding of existing utilities in the project area. This information will
be incorporated into the project CAD files and provided to the utility owner
for confirmation.
2. Conflict Identification
Potential utility impacts from proposed improvements are identified and
discussions with utility owners will be held to determine the acceptable
separation and cover requirements for the utility. The exact location and
depth of buried utilities at specific areas of concern will be determined by
potholing (as required) and potential conflicts will be confirmed. Thirty (30)
pothole locations are assumed.
3. Conflict Resolution
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The design team will attempt to adjust the design to mitigate conflicts.
Conflicts that cannot be eliminated will be identified and discussed with
utility owners so a relocation or adjustment strategy can be agreed upon.
A separate Utility Agreement will be executed with each affected utility
owner, to identify who will be responsible for each relocation (utility owner
or contractor), and when the relocations will occur (prior to, or, during
construction).
4. Documentation
Existing utilities and proposed relocations will be included in the plans and
specifications. Relocation agreements with private utility owners will be
executed to prove that they concur with the identified relocation
responsibilities. A cost estimate for utility work to be completed at project
cost will be prepared.
E. CONCEPTUAL DESIGN
a. Alternatives Analysis
During Conceptual Design, the Consultant will work with City staff and the
stakeholder agencies (Larimer County, the Larimer & Weld Canal Ditch Company,
and CDOT) to identify and evaluate viable alternatives that can provide the
desired multi-modal connectivity.
Potential alternatives could include a single pathway on one side of the road (each
side will be evaluated), or pathways on both sides of the road. Options for crossing
the irrigation canal will also be considered.
Urban design concepts for the project (including concepts for new structures
and modifications to the existing structure) will be developed during conceptual
design.
Conceptual design alternatives for the bridge concepts (four maximum) will be
provided as part of the structure selection report. Per CDOT, a Structure
Selection Report will only be required if the existing US 287 bridge is
determined to require modification.
The alternatives will be screened against criteria that will include (at a
minimum): the degree that the project goals are satisfied; the need for ROW
acquisition; and impacts to the project budget.
A Conceptual Design Report will summarize the work completed during this
phase. The documentation will reflect decisions made during Conceptual
Design, estimated project costs, and impacts. Conceptual Design will include a
comparison of acquiring right-of-ways versus permanent easements to
accommodate the preferred alternative improvements as an intermediate
solution until the ultimate roadway improvements are implemented. The
Consultant will collaborate with the City to select a preferred concept to be
carried forward into Preliminary and Final Design.
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b. Structure Selection Report
(Required only if the existing US 287 bridge is to be modified)
Structure Selection Report – This report will summarize and explain the
decisions that were involved in the design effort including the following design
elements:
1. Urban Design – The urban design concepts will be analyzed and included
in the report with cost estimates.
2. Existing conditions data collection. Existing project conditions, both
structural and site conditions, will be collected and documented.
3. Design criteria. The design shall be in accordance with the AASHTO LRFD
Bridge Design Specifications, and the CDOT Bridge Design Manual.
4. Review the structure site data and multimodal design elements to
determine the requirements that will control the structure size, layout, type,
and rehabilitation alternatives. Three options will be reviewed: (1) widen the
existing structure on one or both sides, (2) provide separate pedestrian
bridges on one of both sides of the existing bridge, (3) consider reuse of
existing pedestrian bridges on one or both sides of the existing bridge, and
(4) a combination of the above. The following elements will be provided
during this task:
Determine the structure layout alternatives. Determine the structure
length, width, and span configurations that satisfy the horizontal and
vertical clearance criteria. For walls, determine the necessary top and
bottom of wall profiles.
Determine the structure type alternatives. Consider precast and cast-
in-place concrete and steel superstructures and determine the spans
and depths for each. For walls, determine the feasible wall types
(CDOT Bridge Design Manual Section 5 – Earth Retaining Walls will
not apply).
Determine the foundation alternatives. Consider piles, caissons,
spread footing, and reinforced earth foundations based on geology
information from existing structures and early estimates from the
project geotechnical engineer.
5. Determine a construction phasing plan by providing input on the effects of
construction phasing on the structural elements. The impact of staged
construction on the structure alternatives shall be considered and reported
on.
6. Compute preliminary quantities and preliminary cost estimates as
necessary to evaluate and compare the structure layout, type, and
rehabilitation alternatives.
7. Evaluate the structure alternatives. Establish the criteria for evaluating and
comparing the structure alternatives that, in addition to cost, encompass all
aspects of the project’s objectives. Based on these criteria, select the
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optimum structure layout, type, and rehabilitation alternative, as applicable,
for recommendation to the City.
8. Prepare preliminary general layout for the recommended structure. Prepare
structure layouts in accordance with the CDOT Bridge Detailing Manual. A
conceptual cost estimate shall accompany the general layout.
9. Memorandum of Design – Structures. Prepare a Memorandum of Design –
Structures summarizing the analysis, design criteria, and
recommendations. This memo should summarize the structure site data
used to select and layout the structure. Include the following:
Project site plan
Roadway or trail vertical and horizontal alignments and cross
sections at the structure
Existing site condition data
Construction phasing
Utilities on, below, and adjacent to the structure
Hydraulics (not required): description of why no hydraulics is needed
Preliminary geology information for structure foundations
Architectural requirements
Consideration of different types of superstructures (see
Conceptual Design for number of alternatives) and use of square
foot costs to determine the most cost efficient type
10. Report on the structure selection and layout process. Include the following:
Discuss the structure layout and type of structure
alternatives considered.
Define the criteria used to evaluate the structure alternatives and
how the recommended structure was selected.
Provide a conceptual cost estimate based on estimated quantities and
a general layout of the recommended structure.
F. PRELIMINARY DESIGN
As part of this phase, a preliminary-level engineering plan set shall be developed.
Preliminary plans must tie into the City’s completed North College Corridor
Improvements to the south, as well as CDOT’s planned US Highway 287 project
starting at State Highway
1. The primary purpose of this phase is to produce approved ROW plans and begin
the ROW acquisition process. It is anticipated that Federal funds will be used for all
stages of the ROW acquisition process.
An additional intent of preliminary plans is to further discussions and decision-making
with the ditch company. A preliminary engineering level cost estimate shall also be
provided at the end of this phase. Design should complement the long term plans for
this section of the corridor.
Preliminary Engineering should address the following design considerations along
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US Highway 287 between the Larimer and Weld Canal and State Highway 1:
Implementation of the preferred alternative
Utility design to address utilities in conflict with project improvements
Pedestrian and multimodal facilities spanning the project limits
Urban design
a. Bridge Design
Any new structures will be similar in length to the existing structure in order to
maintain their hydraulic capacity for the canal. Vertical clearances will have to
be coordinated with the Canal Company but it is not expected to change from
the existing case, reducing impacts to the grade of the road. A general layout
with plan, sections, and elevations of the proposed structure(s) will be
provided.
Improvements must be designed and constructed to be environmentally and
context sensitive. Total project funding should be considered when
determining appropriate design elements. Urban design elements shall
coordinate with the urban design elements present on other North College
Corridor improvements.
b. Sidewalk/Trail and Bike Lane Design
Develop horizontal and vertical geometry for the selected preferred alternative;
including typical section(s), pavement section(s), plan, profile, and details as
needed.
c. Drainage Design
Develop site hydrology, including delineation of drainage basin sizes and flow
characteristics necessary to compute storm flow rates (Q). Layout storm
drainage improvements as required to accommodate the selected preferred
alternative to provide for collection, conveyance (hydraulic pipe sizing) and
discharge of storm flows. Summarize drainage design methodology and
recommendations in a preliminary drainage report.
d. Utility design
Using the base utility mapping developed during the Data Collection phase,
evaluate utility impacts from proposed underground improvements, including
drainage facilities and other proposed underground work. Work, first to avoid
such utility impacts, then design utility relocations as necessary, including
coordination with any affected utility owners.
e. Right-of-Way Plans
1. Show design features as provided by design team (toes of slope, top of
cut, etc.).
2. Show existing property boundaries – as established on the Ownership
Map.
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3. Show easements and encumbrances shown on Title Commitments within
the acquisition area - as established on the Ownership Map.
4. Show proposed ROW and easements with detailed dimensions and
offsets.
5. Show unique numbers for angle points in the proposed ROW and
easements. ROW point numbers will be enclosed by a hexagon –
easement point numbers will be enclosed by an oval.
6. Show additional ROW positions to be monumented on existing ROW as
required by CRS – where no additional ROW is required.
7. Show owner names, parcel numbers, parcel locations – as shown on the
ownership maps.
8. Each plan sheet will overlap the adjacent sheet by at least 200 feet of the
proposed acquisition area.
9. Develop plan sheets in paper space with a model space view at a scale
appropriate for clarity of all topographical features.
10. Prepare ROW title sheet.
11. Update ownership tabulations in accordance with ownership and
encumbrance (Title Commitments).
12. Prepare ROW Control and Monumentation sheets including a listing of
ROW points to be staked (i.e. ROW angle points), Permanent, Slope and
Temporary Easement points to be staked and aliquot corners and control
monuments to be reset. All staking and monumentation to be completed
by the City of Fort Collins.
13. Calculate areas of proposed ROW parcels, easements and remainders.
14. Prepare descriptions for parcels, easements and access control required
for acquisition to be completed by the City of Fort Collins.
15. Insure Title Work is within 90 day of the plan submittal date and each
document marked with the respective parcel number.
16. Update ownership maps in accordance with final ROW drawings.
17. Conduct QA/QC Review of the Right of Way plan set prior to submitting
ROW plan review (ROWPR) plans to the City of Fort Collins.
18. Prepare a ROW plan review (ROWPR) plan set and checklist (CDOTRM,
Chapter 2) and provide it to the City of Fort Collins to be signed, sealed
and monumented.
One preliminary set of the plans is anticipated for initial review. A final set of the
plans will be submitted upon completion of review comments.
f. ROW Authorization Plans
1. Incorporate revised design into the Authorization Plans.
2. Incorporate ROWPR comments into Authorization Plans.
3. Conduct QA/QC Review prior to submitting Authorization Plans.
4. Submit one original set of signed and sealed Legal Descriptions, one set of
the ROW plans and a CD containing PDF files of the descriptions and
plans.
g. ROW Survey Staking (to be completed by the City of Fort Collins)
1. Survey to establish limits ROW takes for appraisal.
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2. Final monumentation of new ROW and updating aliquot corners as per CRS.
h. ROW Deliverables
1. Data and submittals will be reviewed and/or checked by a State of
Colorado Professional Land Surveyor (PLS) from the City of Fort Collins
before delivery to CDOT.
2. Data to be provided by the City of Fort Collins:
i. Survey field notes shall be in general conformance with the
CDOTSM, Chapter 2.
ii. Monument records shall be as prescribed by Colorado Revised
Statutes (CRS) governing Land Surveying.
iii. Project Point list:
1) List of all monuments found or set.
2) Project coordinates.
3) Point description
3. Right of Way Plans – Seven (7) colored sets on 11”x17” paper, one set of
electronic pdf drawings and one (1) electronic copy of the drawings will be
provided to the City of Fort Collins by the Consultant:
i. Title Sheet
ii. Tabulation of Ownership Sheets.
iii. Land Survey Control Diagram
iv. Project Control Diagram
v. Monument Tabulation Sheets
vi. ROW Plan Sheets
vii. ROW Ownership Sheets
4. Parcel Descriptions - one (1) original signed and sealed Legal Descriptions
and 5 copies of the original on 8-1/2” x 11” bond paper and one electronic
copy in MS Word format will be provided by the City of Fort Collins.
5. Right of Way report to be completed by the City of Fort Collins.
6. After monumentation is complete, the City of Fort Collins will file ROW plans
with the County Clerk and Recorder required by CRS. CDOT will be
provided with four (4) colored plan sets on 11”x17” paper of the Right-of-
Way Plans with the surveyor’s original signature and seal.
7. As-staked ROW Monumentation Report will be completed by the City of
Fort Collins.
8. Electronic Data to be provided by the City of Fort Collins.
i. The final GPS data shall include raw data files used in the solution
of the locations of monuments and features located by the GPS
method for the determination of land boundaries and ownership and
an ASCII file of monument coordinates (geodetic and project) with
point description.
ii. Field notes shall include all raw data files and files in an ASCII
format depicting the field notes in general conformation with the
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CDOTSM, Chapter 2.
iii. An electronic file, in ASCII format, of the geodetic (if established)
and project coordinates for each tied point and its description.
9. Magnetic media submittals (IBM or IBM compatible):
i. Electronic files (uncompressed) will be submitted on CD-ROM
ii. Each unit of the magnetic media submitted will be identified with
labels affixed to the media containing the following MINIMUM
information:
1) CDOT Project Name, CDOT Project Number and CDOT
Project Code
2) Highway Number
3) Beginning and ending reference number.
4) File names and types
5) Date created
6) Contact person, telephone number and firm name
10. Topographic Survey - One (1) electronic copy of the drawing and one PDF
containing the topographic survey data.
The City will be responsible for the following during the development of
the ROW plans:
Development of legal descriptions and exhibits for all ROW,
permanent and temporary easements needed
Review of title commitments
Establishment of existing ROW per title work
Investigation for existing property pins
Development of existing property lines and easements
Tabulation of monuments for the planned ROW and easements
Review and quality control for the plan set (shared responsibility
between the City and the Consultant)
Stamping and signing the plan set
Installation of CDOT (Type II) monuments to meet control
requirements identified in the CDOT Survey Manual
Any necessary revisions to the ROW plans (shared responsibility
between the City and the Consultant)
The City will complete the property acquisitions, as well as record the
approved ROW plans with Larimer County/CDOT.
i. Field Inspection Review (FIR) Plans
Drafting and compiling the Field Inspection Review (FIR) plan set will include the
following sheets:
Title Sheet
Typical Sections
General Notes
Roadway/Trail Plan and Profiles
Drainage Plans and Details
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Schematic Construction Traffic Control Plans
Signing and Striping Plans
Engineering Geology
Structure General Layout Plans
Stormwater Management Plans (erosion and sediment control plans)
Participate in, and conduct the Field Inspection Review (FIR), including review of
a preliminary opinion of construction costs. Meeting agenda and minutes will be
developed and provided by Consultant
G. FINAL DESIGN
Includes tasks necessary to deliver final engineering plans, construction specifications,
quantity take-offs, bid tabulations, and an opinion of construction costs. Plans will be
produced in accordance with CDOT and LCUASS standards. Plans, specifications,
quantity take-offs, bid tabulations and an opinion of construction costs will be
submitted to the City electronically.
The Final Office Review (FOR) submittal will consist of the following:
Plans:
o Title Sheet
o General Notes
o Summary of Approximate Quantities
o Tabulation
sheet(s) o Survey
Control map o
Typical Sections
o Engineering Geology
o Hydrologic/hydraulic/drainage information and data sheet
o Roadway plan and profile, and details (if preferred alternative affects the
existing roadway)
o Earthwork summary
o Demolition plan
o Roadway/Trail Plan & Profiles
o Signing and striping plans (if required)
o Suggested traffic control and construction phasing plans
o Drainage, erosion, and sediment control plan/SWMP
o Structural design details
o Cross-sections
Project Special Provisions
Opinion of Construction Costs
Final Drainage Report.
Participate in, and conduct Final Office Review (FOR) meeting. Meeting agenda and
minutes to be developed and provided by Consultant.
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Final construction bid plans and project special provisions shall be signed and sealed
(each plan sheet and special provision cover sheet).
H. PUBLIC AND STAKEHOLDER INVOLVEMENT
The City will develop and implement a public involvement process and conduct
stakeholder coordination. The process will include potentially affected interests such as
Fort Collins City Council, multiple City departments, City’s Transportation Board,
Larimer County, the Colorado Department of Transportation, area property and
business owners, North Fort Collins Business Association (NFCBA), and bicycle and
pedestrian advocacy groups. The process will also coordinate with planned and
ongoing projects within the US Highway 287 corridor.
Potential Consultant tasks to support the City’s public and stakeholder involvement
process include:
Graphics production/reproduction
Preparation of presentation materials
Attendance at public meetings
The anticipated Consultant support needed for the following meetings will be:
Public open houses
Project coordination meetings
Utility coordination meetings
I. POST DESIGN SERVICES
Construction for this project is anticipated to be in late 2016 or 2017. The Consultant
will provide the following Post-Design services:
Attend the pre-bid conference and pre-construction meeting to answer questions,
assist the City staff, and prepare addenda.
Review shop drawings submitted by the construction contractor.
Make any necessary revisions to the construction plans, details, and specifications.
Assist the City in answering questions, and resolving problems raised by the
construction contractor, utility companies, affected citizens, etc.
Help provide information, clarification, or interpretation regarding the project plans
and specifications.
Help the City and the construction contractor to resolve disputes during
construction.
Conduct at least three (3) site visits during the critical phases of project
construction.
Provide drawings for field changes that may be required.
Provide as-built documents based on field redline drawings received from the
Contractor.
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EXHIBIT B
COMPENSATION
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EXHIBIT C
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.
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No new insurance required
Professional Services Agreement
8133 North College Pedestrian Gap Project Page 31 of 31
EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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