Loading...
HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - RFP - 8139 LINCOLN CORRIDOR PROJECT - FINAL DESIGNProfessional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 1 of 25 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and INTERWEST CONSULTING GROUP, 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 any project Work Orders for INTERWEST CONSULTING GROUP, issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit “B", consisting of thirteen (13) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. Exhibit “D” Lincoln Corridor Schedule consisting of one (1) page is also attached hereto and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence September 1, 2015, and shall continue in full force and effect until August 31, 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. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 2 of 25 postage prepaid and sent to the following address: Professional: City: Copy to: Interwest Consulting Group Attn: Robert Almirall 1218 W. Ash, Ste. C Windsor, CO 80550 City of Fort Collins Attn: Brad Buckman PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit “E”, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "C", consisting of two (2) pages, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. 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 DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 3 of 25 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 owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 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 this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 15. Default. Each and every term and condition hereof shall be deemed to be a material DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 4 of 25 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 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. DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 5 of 25 d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of 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 "F" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 6 of 25 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney INTERWEST CONSULTING GROUP By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 9/4/2015 Bob Almirall Windsor Engineering Manager 9/8/2015 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 7 of 25 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND INTERWEST CONSULTING GROUP DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 8 of 25 EXHIBIT B GENERAL SCOPE OF SERVICES General The work consists of professional engineering services required to support the City of Fort Collins in completing Final Design, Construction Bid Documents, and Bid Phase Services for the Lincoln Corridor Project Final Design. The services consist of detailed roadway design and plan preparation (Lincoln Corridor from 1st Street to Lemay Avenue), agency coordination, public involvement, utility coordination, drainage design, hydraulic evaluations associated with the Poudre River, traffic engineering, structure selection for the Poudre River bridge to 30% level, construction phasing, environmental permitting, report preparation, identification of required additional ROW and easements, cost estimates, urban design, landscape and irrigation services (30% Design) and construction bid phase services. Preliminary Project Schedule (Projected as of Aug 2015) NTP Commence Design August 2015 30% Preliminary Plan Submittal/Review December 2015 CM/GC Selection January 2016 65% Final Plan Submittal/Review February 2016 90% Final Plan Submittal/Review April 2016 Construction Phase Start June 2016 The following services have been or will be completed by others and are not included in the Scope of Work unless otherwise noted:  Lincoln Avenue storm drainage outfall alternatives and preliminary master plan are being completed by ICON Engineering. This document is not available at the time of final design scoping; therefore, significant changes to the assumptions noted below may be performed under a change order to the base contract.  Construction Management (CM) and contract administration services will be provided by the City or under separate contract with Ditesco.  Property acquisition activities including appraisals will be completed by other consultants under a separate contract with the City’s Real Estate Services Department. City Staff will manage all property negotiations; including value finding, appraisals, offers, negotiations and closings.  Ownership Mapping (with Title Work), Legal Descriptions and Exhibits for right-of-way (ROW), temporary construction easements (TCE) and permanent easement acquisitions will be completed by the City Engineering Department.  Preparation and negotiation of all third party agreements including railroad agreements, intergovernmental agreements, utility and ditch agreements will be completed by the City.  Traffic signal timing, modeling, priority and preemption where required, and coordination with train signal systems will be completed by the City Traffic Department.  The City will coordinate all construction contractor procurement through the City DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 9 of 25 Purchasing Department. Scope of Work - Final Design and Preparation of Plans and Technical Specifications The work Interwest Consulting Group Team (CONSULTANT) will perform is as follows: 1. Project Management and Coordination a. The CONSULTANT will coordinate all the work tasks to keep the project engineering and ancillary tasks on schedule. b. The CONSULTANT shall coordinate with other adjacent neighborhood projects (as necessary) currently underway. c. Attend progress meetings once per week at City offices. Prepare agenda and meeting minutes for meetings. Meetings are anticipated to run from September 2015 to July 2016 for a total of 48 weekly meetings. d. Coordinate and facilitate technical working group meetings. e. Prepare monthly progress reports. f. Prepare monthly invoices with percent complete per task category. g. Identify and prepare design criteria. 2. Project Initiation a. The CONSULTANT shall gather and review all available project data including: the Lincoln Corridor Plan, environmental assessments, utility plans, survey data, drainage reports, Poudre River floodplain data, key stakeholder mailing addresses, and traffic studies. b. Schedule and conduct kick-off meeting with agency representatives, including City departments. c. Prepare project schedule and assign tasks. 3. Agency Coordination a. The CONSULTANT shall coordinate with all affected agencies along the corridor including: City Departments, utility companies, Downtown Development Authority, Downtown Business Association. b. Agency Coordination includes the project kick-off meeting and subsequent meetings as addressed under Task 4, Public Involvement and Task 11, Final Design. 4. Public Involvement a. The CITY shall provide a data base of mailing addresses, maintain the Lincoln Corridor Project website, and release advertisements and press releases. b. CONSULTANT will establish and maintain a computerized list of all appropriate interested parties for the communication process. The list will be used for notices regarding public meetings, mailings, newsletters, or other communication as appropriate. 1) The information on the list shall include as a minimum: DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 10 of 25 i. Name ii. Firm/organization (if any) iii. Mailing/E-mail address iv. Phone/Fax number 2) The contacts will be compiled from the list below and as supplemented by the Project Team, and the attendees at public meetings. i. Public Agencies ii. Elected/Appointed Officials iii. Neighborhood Groups iv. Property Owners/Tenants v. Business Interests vi. Special Interests vii. Media Contacts c. Meetings - The types and number of meetings shall be flexible and determined by an interactive process as approved by the CITY/CPM. Minutes of these meetings shall be provided to the CITY/CPM and all participants. 1) Small Group Meetings (one-on-one) - Meet with property and business owners or others directly affected by the project work (as needed, in a support role to the CITY) to identify likely impacts and discuss possible mitigation or resolutions. 2) Public Open House - This meeting will be held at the completion of the 65% plans to update the public on the status of the project and to present details of the project. 3) Other meetings with special interest groups (as needed, in a support role to the CITY). 4) The City’s Public Communications Office will provide support to the Public Information Program. d. Communication Aids 1) Notifications/Media – CONSULTANT shall provide message and content to publicize the project in accordance with the CITY policies and procedures. 2) Graphics Support - Provide the graphics for presentations, outreach and project documents. This may include slides, overhead projector slides, maps and plan views of the design, computerized presentations and other displays for visual presentations at meetings. 5. Topographic Survey a. Meetings - King Surveyors will attend a survey kickoff meeting with the design team, the City of Fort Collins and other appropriate agencies. King Surveyors has budgeted four (4) hours for this task. b. Survey Control - King Surveyors will establish semi-permanent control monuments within the topographic design survey limits. Horizontal and vertical control will be based on City of Fort Collins Ground Master and City of Fort Collins Bench Marks DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 11 of 25 (NAVD 1988), respectively. c. Topographic Design Survey (Ground) - King Surveyors will obtain, by field methods, existing, visible planimetric features and topography at a one-foot (1’) contour interval along Lincoln Avenue. The limits of the topographic Design Survey will extend from the east leg of Jefferson Street to the west leg of S. Lemay Avenue. The width of the survey will be approximately fifty feet (50’) north and south of the proposed right-of-way for Lincoln Avenue. Interwest staff will walk the corridor with the CPM after the ground survey is complete to verify all required features were adequately located. King Surveyors will supplement the survey with items noted to be missing as part of this task. d. Utility Pothole and Geotechnical Bore Locations - For the purposes of this proposal, King Surveyors anticipates surveying a total of one hundred (100) potholes in no more than three (3) separate trips. Field measurements down to the located utilities will be provided by others. King will also locate the ten (10) soil borings by CTL for inclusion in the base map. 6. Private Utility Locates Primo Utility Locating Services, LLC (Primo) will mark the underground utilities within the topographic design survey limits described above. As part of this task, Primo will attempt to identify all dry underground utilities within private property, although these types of utilities may or may not be of record. For this reason, underground utilities may exist within private property that Primo cannot locate by no fault of their own. Any indication and/or evidence of private utilities not of record that the locators happen across will be shared with the client for additional directives on how to proceed. Once the utilities have been marked, King Surveyors will survey the paint mark locations. 7. Utility Potholes Colorado Utility Finders (CUF) will provide potholing of existing utilities at specified locations within the project limits. It is estimated that 50 potholes will be completed initially with 50 additional potholes reserved once a more detailed utility plan is developed. CUF will provide all necessary traffic controls as part the pothole operations. Potholes in paved areas will have temporary metal plates placed on the holes until such time as the holes are filled with flow fill and an asphalt cold patch installed. CUF will secure required permits; however, fees are anticipated to be waived by the City. The traffic control fee estimate provided is based on an average of 10 potholes per day and may require adjustment based on unforeseen subgrade conditions. 8. Geotechnical Investigation and Report CTL Thompson (CTL) will be responsible for design level geotechnical investigation for the roadway design, including borings and subsurface exploration with laboratory test results, and pavement designs for asphalt and concrete pavement sections. Boring will be provided for the bridge design and the roadway section between the Bridge and Lemay Avenue. Ten (10) borings are included in this phase of work and will denote groundwater levels. A summary report with recommendations will be provided. Additional borings between Jefferson Street and the Bridge will be performed at a later date under separate agreement. Percolation testing is not included in the base scope and fee but can be provided if requested. 9. Hazardous Material Evolution DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 12 of 25 CTL Thompson (CTL) will perform a Phase I Environmental Site Assessment (ESA) for the corridor identified as being between 1st Street and Lemay Avenue. The scope of work will be in general accordance with ASTM E 1527-13; Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Three (3) copies of a signed summary report by an ASTM Environmental Professional will be provided. 10. Environmental Permitting a. Waters of the US / Wetlands Evaluation 1) Cedar Creek will perform wetland delineation for the Poudre River Bridge crossing following the methodology outlined in the publication Corps of Engineers Wetlands Delineation Manual (1987). Wetland boundaries, ordinary high water mark boundaries, and sample point locations will be marked in the field and drawn on a field map for identification purposes. 2) A letter report detailing the results will be prepared suitable for submittal to the Corps of Engineers. b. Threatened and Endangered (T&E) Evaluation 1) Cedar Creek will identify any areas qualifying as habitat for Ute ladies-tresses orchid 2) A habitat assessment for the Preble’s meadow jumping mouse will also be completed in the Poudre River crossing area 3) Cedar Creek will prepare a summary report of the findings suitable for submission to the US Fish and Wildlife Service c. Nationwide 14 Permit Application/Confirmation 1) Obtain and review the wetland and other Waters of the U. S. delineation. 2) Obtain and review the engineering plans for the Poudre crossing including pertinent maps, cross-sections, plant text, erosion control BPMs proposed. 3) Meet with or confer with the Corps regarding the permit format needed for a successful application 4) Select an appropriate mitigation site nearby or establish a contact with the appropriate mitigation bank. 5) Prepare permit application and mitigation plan draft. 6) Distribute permit application draft for team review. 7) Prepare and submit final permit application to the Corps. 11. Final Design a. Roadway Design. The CONSULTANT shall prepare all preliminary design data including field survey, horizontal and vertical alignments, digital terrain models, surfaces and cross sections. The CONSULTANT shall complete all tasks necessary to deliver preliminary and final engineering design plans, construction specifications, quantity take-offs, property impacts, and extent of ROW and construction easements needed. A centerline profile for the ultimate project length (Jefferson to Lemay) shall be established to ensure design and integration with future phases is seamless. All CAD work on the Project will be completed in AutoCAD 2013 format or newer. Plans DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 13 of 25 shall general be produced in accordance with the Larimer County Urban Area Street Standards (LCUASS). The CONSULTANT is fully responsible for the Quality Assurance and Quality Control (QA / QC) of the plan set. Property Mitigation Plans will be provided under separate contract after 30% Design is complete. Plans are expected to include:  Cover sheet  General Notes  Key Maps  Typical Sections  Demolition plans  Utility Installation plans (public and private as applicable)  Plan and profile sheets for applicable utilities and roadway (median and curb and gutter flowline)  Landscaping and Irrigation plans and details  Signing and Striping plans  Structural plans including walls and others as necessary  Lighting and electrical plans and details  Details (typical and custom for this project)  Cross Sections  Right of way acquisition plans showing new rights of way, temporary and permanent easements b. Construction Phasing A construction phasing plan shall be developed by the CM/GC which integrates the construction of all the project work elements into a practical and feasible sequence. The CONSULTANT will assist the CM/GC in developing the phasing plan and will develop Phasing Plan drawings, if requested. c. Urban Design and Landscaping (30% Design Level Only) 1) The CONSULTANT will be responsible for Urban Design, Landscaping Design (including LID options), and development of protected bike lane designs including driveway and intersection crossings to a 30% design level. 2) A detailed scope and fee for the final design and construction documents will be established at the conclusion of the 30% plan review and estimating phase. d. Irrigation and Electrical Design Services (30% Design Level Only) 1) The irrigation and electrical design consultants shall assist the design team during the 30% design submittal phase in order to evaluate alternatives associated with the urban design concepts for pricing purposes. 2) A detailed scope and fee for the final design and construction documents will be established at the conclusion of the 30% plan review and estimating phase. e. Erosion Control Plan and Report DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 14 of 25 Prepare an Erosion and Sediment Control Plan and Report in accordance with current CITY practices. The plan will be used as a basis of design for the future Stormwater Management Plan (SWMP) and State Application that will be prepared by CM/GC. f. Utility Coordination 1) CONSULTANT shall verify accuracy of utility locations on preliminary plans. 2) Identify where additional utility information is required and coordinate with CITY/CPM. 3) Identify utility conflicts and propose potential relocations. 4) Interwest will lead the effort in utility coordination based on our staff’s many years of experience with all area utility providers. Interwest will utilize the base map and make contact with each utility provider in the area to determine the location of critical facilities. Utilities that appear to be in conflict will be identified. Continued coordination with the utility companies will be completed to discuss project elements, construction schedules and conflicts and address any required utility relocations. A thorough utility design is included and final plans will be sent to each utility company for review. Profiles will be developed of critical utility lines based on pothole information gathered. g. Right-of-Way Acquisition Plans 1) CONSULTANT shall prepare right-of-way ownership and acquisition plans based on property ownership data provided by the CITY. 2) The plan shall reflect locations of required additional ROW, temporary and permanent easements to facility construction of the project. 3) CITY shall complete property acquisition documents including legal descriptions and exhibits. 4) CONSULTANT will provide a digital copy (CAD format) of the line work to the City of Fort Collins Survey Department for all proposed acquisition areas (temporary and permanent). h. Traffic Engineering 1) The Scope of Work includes all traffic engineering activities including design of all traffic controls, signing, striping and pavement markings 2) Traffic Signal Design or Modifications are not anticipated with Phase I i. CM/GC Delivery The CONSULTANT will coordinate with the selected general contractor to prepare plans and specifications in a phased manner to maximize the use of a CM/GC delivery model. The CONSULTANT shall be prepared to issue plans and specifications at levels less than 100% and shall be comfortable providing professional engineering certification related to this work. j. Final Drainage Design 1) The CONSULTANT will be responsible for completing the final drainage design including profiles of drainage outfalls, design of water quality ponds and devices (LIDs), final grading, drainage plans, profiles, and details based on the master drainage plans produced by ICON Engineering. DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 15 of 25 2) At this time it has been assumed that no more than two (2) drainage outfalls to the Poudre River will be required. These outfalls are to be designed to ensure no rise in the river; therefore, a No Rise Certification is anticipated for approval of these outfalls without the need for Anderson to model the systems as part of the CLOMR. 3) A Drainage Report will be prepared for review and approval by the City Utility Department. 4) Hydraulic modeling (SWMM) will be performed by ICON as part of the master drainage plan scope and a copy of the base file is to be provided to Interwest in order to advance the calculations during the final design stage. k. ADA Compliance All Services regarding this design will ensure compliance to applicable ADA standards to the extent feasible. 12. Design Level Documents a. 30% Design Submittal 1) Prepare a current status set of plans suitable for internal City review and for release to contractors as part of the Request for Proposals for the procurement of the CM/GC. As part of the 30% design submittal, the CONSULTANT shall also incorporate the preliminary design for the Poudre River Bridge. 2) Consultant shall prepare an Engineer’s Cost Estimate based upon the 30% design documents. b. 65% Design Submittal 1) Plans shall comply with the requirements of the CITY and will include: title sheet, typical sections, general notes, landscape plans, storm drainage plans/profiles/details, structure layouts, signing and pavement marking plans, cross sections, and right-of-way plans. The plan/profile sheets will include the following: all existing topography, survey alignments, projected alignments, profile grades, ground line, existing ROW, preliminary drainage design notes, existing utility locations, preliminary earthwork, catch points, proposed right-of way, and easements. 2) Preliminary Specifications in CDOT format. 3) Quantity take-off data for use by the CM/GC in developing a construction cost estimate. 4) Schedule and facilitate the 65% design review meeting and prepare and distribute meeting minutes. 5) Track review comments and actions items. 6) Obtain documented acceptance from all reviewers. c. 90% Design Submittal 1) Plans shall comply with the requirements of the CITY. 90% plans will include: title sheet, typical sections, general notes, plan/profile sheets, landscape plans, storm drainage plans/profiles/details, structure layouts, signing and pavement marking plans, grading and drainage plans, design details, landscaping, lighting, architectural and urban design elements, cross sections, and right-of-way plans. DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 16 of 25 The plan/profile sheets will include the following: all existing topography, survey alignments, projected alignments, profile grades, ground line, existing ROW, drainage design notes, existing utility locations, catch points, proposed right-of way, and easements. 2) Specifications in CDOT format 3) Quantity take-off data for use by the CM/GC in developing a construction cost estimate. 4) Schedule and facilitate the 90% design review meeting and prepare and distribute meeting minutes. d. Construction Pricing Packages 1) Revise 90% design plans and cost estimate to incorporate city and outside agency review comments. 2) Quantity take-off data for use by the CM/GC in developing a construction cost estimates and specialized bid packages. 3) Prepare construction pricing packages including plans, specifications and supporting bid documents. General conditions and bid requirements provided by the CITY. Up to five (5) pricing packages are included as may be required for the CM/GC and final plans may be to a degree less than 100% drawing. 13. Bridge Design a. Kick-off Meeting – LORIS will attend a kick- off meeting with other Interwest team members. b. Site Meeting – LORIS will attend a site meeting with the design team immediately after the kick-off meeting. We will discuss opportunities and constraints in the corridor, with LORIS concentrating on the area around the bridge. c. 10% Design (Initial Bridge Concepts) 1) 10% Design - LORIS will develop four ( 4 ) conceptual bridge options to present to City staff for approval. Each concept will provide for vehicular lanes and pedestrian areas with overlooks on the structure. 2) We propose one design charrette with BHA Design (BHA) in Ft. Collins. Hydraulic openings will be developed by Anderson Consulting Engineers (ACE) prior to LORIS starting the designs, although we will consult with ACE in developing the required openings. 3) We anticipate the following to be investigated. i. Pre-stressed concrete girder bridge with concrete pedestrian/plaza areas. The aesthetics will be a continuation of the streetscape developed by BHA. We propose that two (2) options should be developed (including conceptual engineering), with initial internal review sketches prepared by BHA. ii. An iconic structure similar in scale and presence to the Washington Plaza Bridge in Golden. The bridge will have pedestrian plazas that are a part of the main vehicular structure, or it will be a conventional pre-stressed concrete vehicular bridge that is flanked by separate plaza bridges like the Golden bridge. Bridge concepts will be mostly derived from previous similar experience and literature with a minimal amount of engineering to confirm DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 17 of 25 adaptability to this project. Bridge concepts will be developed by LORIS as sketches for design team and Ft. Collins review. We will develop two such concepts, at least one of which will be a single span arch; however, multiple span options may also be available. 4) Deliverables i. Four colored bridge sketch drawings (two by BHA and two by LORIS); ii. Cost opinions for each option. d. Bridge Design Review/Charrette - LORIS will submit the bridge concepts for review by city staff. We will then attend a design review meeting/charrette with the design team and city staff to discuss the options and select two options. e. Bridge Design Refinement (20%) – Three (3) of the selected options will be modified by LORIS as determined in the charrette. LORIS will perform additional engineering to flesh out the designs a little further, with finite element analysis being required for the iconic structure. We will update the cost opinions for each option. 1) Deliverables i. Three colored drawings; ii. Cost Opinions for each of the three options; iii. Preliminary Structure Selection Report. f. City Manager Meeting - LORIS and BHA will present the three bridge options at a City Manager Meeting in Ft. Collins, if requested. The presentation will include the colored boards and cost opinions. g. Preferred Option Selection - Based on comments received at the City Manager Meeting, the City of Ft. Collins will select a preferred option to prepare construction documents. h. 30% Design - LORIS will prepare a 30% design of the Preferred Option. The design will require additional finite element analysis to confirm that the iconic structure works. For the purpose of this proposal, we are assuming that we will be designing the iconic arch bridge. 1) Deliverables i. Bridge General Layout; ii. Foundation Plan; iii. Bridge Elevation; iv. Bridge Section; v. Typical Details; vi. Cost Opinion; vii. Final Structure Selection Report. 14. Hydraulic Analyses and FEMA CLOMR a. Development of Baseline Conditions and Alternatives DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 18 of 25 1) Anderson Consulting Engineers (Anderson) will collect and review data including previous LOMAs and LOMRs, effective information such as FISs and FIRMs, aerial photography, topography, pertinent previously completed hydrologic and hydraulic studies such as RiskMAP and downstream Woodward project, and information related to the configuration of the trail and levee. 2) Hydrologic modeling of the Poudre River watershed will not be conducted as the current regulatory 10, 50, 100 and 500 year discharges in the study reach have be previously established. 3) Documentation will be provided supporting the effective regulatory discharges, historic peak flood events, and the best available discharges. 4) A baseline hydraulic analysis will be performed including the development of an Effective/Duplicate and Corrected Effective/Existing Condition model. 5) Hydraulic evaluations will be performed utilizing the best available 100-year discharge only. It is assumed that up to three (3) bridge configurations will be evaluated and no more than two (2) hydraulic evaluations will be required for each alternative. 6) A summary report will be provided to document the results of each evaluation. b. Preliminary Hydraulic Design 1) Anderson will revise the HEC-RAS model for the selected bridge alternative with the detailed grading and geometry developed as part of the 30% Design Level Documents. 2) Scour and Erosion Protection evaluations will be performed. Scour evaluations will be based on the 200-year flood event while checking the design of the bridge for an event up to the 500-year event. Bank and local protection measures will be provided for the piers, abutments, storm drain outfalls, and utilities located within the road ROW and the Poudre River’s 100-year floodplain. 3) The Anderson project manager will attend three (3) project meetings and will perform miscellaneous additional coordination and correspondence with the project team. This task includes approximately 12 hours of time to coordinate with proposed improvements to the Oxbow Levee upstream of Lincoln Avenue. 4) Anderson will prepare a preliminary design report supporting this task. c. Conditional Letter of Map Revision (CLOMR) 1) Anderson will address comments from City Staff under a time and materials not to exceed basis for this task. 2) A CLOMR will be developed for review and approval by City Staff and FEMA. 3) Local floodplain development permitting will be completed as needed. GENERAL NOTES Engineering Support Services during Construction and in support of the contractor pricing process (Meetings, RFIs, Submittal Reviews, Plan Revisions, etc.) will be provided under a separate Work Order once the final scope of services is established. Urban Design, Landscaping, Irrigation, Electrical and Bridge designs are proposed through the 30% design level only at this time. Once a complete project budget and scope is identified at the DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 19 of 25 conclusion of the 30% design phase, these tasks will be scoped through final design and construction documents to coincide with the scope presented for the phase I Roadway Design outlined above. Plan submittals will generally be made electronically via WORD or PDF documents for staff and agency review with a minimal number (2-3) of hard copy sets provided for each design level, as requested. Additional printing may require an increase in the fee for the Interwest reimbursable expenses. Project deliverables will generally include: a. Topographic Design Survey b. Utility Pothole Mapping c. Geotechnical Investigation and Report d. Phase I Environmental Assessment e. Wetland/Waters of the US Evaluation f. Threatened and Endangered (T&E) Evaluation g. Nationwide 14 Permit Application h. Structure Selection Report (Bridge) i. Poudre River Bridge Plans (30%) j. Roadway Plans (30% , 65%, 90% and Construction Documents) k. Drainage Plans and Report (Preliminary and Final) l. Erosion Control Plans and Report (Final) m. ROW Acquisition Plans n. Urban Design Plans (30%) o. Landscape Plans (30%) p. Irrigation Plans (30%) q. Electrical Plans (30%) r. Specifications (Preliminary and Final) s. Meeting Agendas and Minutes t. Monthly Progress Reports REFERENCES All work shall be based upon the requirements and guidelines found in the following reports:  Lincoln Corridor Plan 2014 http://www.fcgov.com/planning/lincoln.php  Larimer County Urban Area Street Standards 2015 http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm  City of Fort Collins Transportation Master Plan 2011 http://www.fcgov.com/planfortcollins/pdf/tmp.pdf  Colorado Department of Transportation “CDOT Design Guide” 2005 https://www.codot.gov/business/designsupport/bulletins_manuals/roadway-design-guide DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 20 of 25  Colorado Department of Transportation, M & S Standards July 2012 https://www.codot.gov/business/designsupport/standard-plans/2012-m-standards- plans/2012-m-standards-pdfs/2012-m-s-standards-book  Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction 2011 https://www.codot.gov/business/designsupport/construction-specifications/2011- Specs/2011-specs-book  City of Fort Collins Floodplain Modeling Report Submittal Guidelines 2014 http://www.fcgov.com/utilities/img/site_specific/uploads/Floodplain_Modeling_Report_Gu idelines.pdf  Flood Insurance Study – Larimer County Colorado and Incorporated Areas 2013 http://www.fcgov.com/utilities/what-we-do/stormwater/flooding/floodplain-maps- documents  Storm Drainage Design Criteria and Construction Standards 2013 http://www.fcgov.com/utilities/business/builders-and-developers/development-forms- guidelines-regulations/construction-details DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 21 of 25 EXHIBIT C COMPENSATION DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 22 of 25 DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 23 of 25 EXHIBIT D WORK SCHEDULE DocuSign Envelope ID: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 24 of 25 EXHIBIT E 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: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208 No new insurance required Professional Services Agreement – Work Order Type 8139 Lincoln Corridor Project – Final Design Page 25 of 25 EXHIBIT F 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: 780E6AD8-FEA5-4D71-8F4F-79BFDB74F208