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HomeMy WebLinkAbout557694 HUITT-ZOLLARS INC - CONTRACT - RFP - 8133 NORTH COLLEGE PEDESTRIAN GAP PROJECTProfessional Services Agreement 8133 North College Pedestrian Gap Project Page 1 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 2 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 3 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 4 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 5 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 6 of 31 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: DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Vice President Gerald Prusik 10/31/2015 11/10/2015 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 7 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 8 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 9 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 10 of 31 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, DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 11 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 12 of 31 (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, DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 13 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 14 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 15 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 16 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 17 of 31  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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 18 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 19 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 20 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 21 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 22 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 23 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 24 of 31 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 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 25 of 31  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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 26 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 27 of 31 EXHIBIT B COMPENSATION DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 28 of 31 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 29 of 31 DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 Professional Services Agreement 8133 North College Pedestrian Gap Project Page 30 of 31 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90 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. DocuSign Envelope ID: 41D1C9C9-7E3E-42FB-8754-D9B428EC0C90