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HomeMy WebLinkAboutRFP - 8730 ENGINEERING DESIGN AND SUPPORT SERVICES FOR THE POWER TRAIL GRADE SEPARATED CROSSING AT HARMONY ROADOfficial Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 1 of 36 REQUEST FOR PROPOSAL 8730 ENGINEERING DESIGN AND SUPPORT SERVICES FOR THE POWER TRAIL GRADE SEPARATED CROSSING AT HARMONY ROAD The City of Fort Collins is requesting proposals from qualified firms to provide the City with a feasibility study, preliminary engineering design, final engineering design, right-of-way plan development, and design support during construction for the Power Trail and Harmony Road Grade Separated Crossing Project. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), May 8, 2018 and referenced as Proposal No. 8730. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-proposal conference with representatives of prospective Proposers will be held at 9:00 AM, on April 16, 2018, in Conference Room 2E (Training Room) at 215 N Mason St. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Questions concerning the scope of the bid should be directed to Caleb Feaver, Project Manager, at (970) 416-4229 or cfeaver@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Senior Buyer, at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Caleb Feaver, with a copy to Elliot Dale, no later than 5:00 PM our clock on April 23, 2018. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 2 of 36 will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Firms are allowed to submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data that it wishes to be considered confidential and denote the information as “proprietary” or “confidential”. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 3 of 36 REQUEST FOR PROPOSAL 8730 ENGINEERING DESIGN AND SUPPORT FOR THE POWER TRAIL GRADE SEPARATED CROSSING AT HARMONY ROAD The City of Fort Collins Engineering Department (City) is issuing a Request for Proposals (RFP) to consulting firms and/or teams interested in providing the City with feasibility study, preliminary engineering design, final engineering design, right-of-way plan development, and design support during construction for the Power Trail and Harmony Road Grade Separated Crossing Project (Project). The City will use local funds for design services through this contract; however, construction and/or right-of-way acquisition will be partially federally funded and will have Colorado Department of Transportation (CDOT) oversight. As such, the design must follow CDOT requirements for Local Agency (LA) projects. The initial work order will be written for deliverables through the feasibility study. It is the City’s intent to use a single Professional team through the final design of the Project. Extension of the design contract past the feasibility study will be based on the feasibility of various alternatives and preferred alternative, and continued satisfactory performance of the Professional team. This project contains Federal Highway Administration (FHWA) funding as administered through CDOT. All work associated with the Project must be in accordance with CDOT specifications and Larimer County Urban Area Street Standards (LCUASS). All plans must be prepared in CDOT format, and specifications must be written in the format of the latest CDOT Standard Specifications for Road and Bridge Construction. Proposing firms/teams shall be pre-qualified with CDOT for BR – Bridge Design, HD – Highway and Street Design, and HY – Hydraulics Design. The successful firm or team will identify and address all the tasks, issues and deliverables in their proposal. Prospective teams must possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City Staff, the Colorado Department of Transportation (CDOT) and all other affected interests to accomplish the goals and objectives associated with this project. The successful firm or team should demonstrate the following in their proposal: • Plan preparation and coordination involving all aspects of design engineering • Ability to formulate and analyze multiple alternatives and their effectiveness at meeting the project goals, while minimizing and mitigating impacts to private property, utilities, railroad property, and existing private easements • Proven ability to conduct effective and timely negotiations with railroads and utility companies (stakeholders), including anticipation of stakeholder requirements and development of solutions to address requirements while meeting project goals, budget and schedule • Ability to meet aggressive design and construction schedules including accelerated environmental clearances, historic clearances and right-of-way (ROW) plan approval • Thorough understanding of CDOT and FHWA procedures and requirements Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 4 of 36 • Roadway and pedestrian bridge design • Ability to develop effective and creative methods for construction phasing (roadway and bridge) • Verifiable experience with the City’s Streetscape Standards for recreational trail, roadway and bridge Tasks to complete the project include, but are not limited to, those outlined in the attached preliminary Scope of Work. I. Introduction The City of Fort Collins is seeking professional consulting services for feasibility study and design of the Power Trail and Harmony Road Grade Separated Crossing Project. The City has identified this project as a high priority to provide trail connectivity across a major arterial roadway and help complete the regional trail network. Harmony Road is a six-lane arterial roadway with on-street bike lanes and detached sidewalk. The Harmony Road right-of-way is 165 feet wide in this location. The existing Power Trail is a 10-foot-wide, multi-use, paved concrete trail running north and south through the City. The trail provides connectivity between the Spring Creek Trail (and Poudre Trail) to the north and the Fossil Creek Trail to the south. It intersects the Fossil Creek Trail north of Trilby Road. The trail continues south at grade separated crossings of both Trilby and Carpenter Road providing connectivity to the Loveland recreational trail system at Boyd Lake. The Power Trail represents an integral segment of the North Front Range Metropolitan Planning Organization’s (NFRMPO) regionally recognized Corridor #7 Front Range Trail (West) in the NFRMPO Regional Bicycle Plan (March 2013). The completed Front Range Trail West corridor is envisioned to stretch from Cheyenne, Wyoming to the Denver/Boulder area. The existing Power Trail has approximately a three-quarter mile gap in it, north and south of Harmony Road. The detour route is approximately 1.5 miles long and requires users to cross Harmony Road at grade at McMurry Avenue, which puts bicycles and pedestrians in conflict with left and right turning vehicles at this intersection. This project will design both the trail connection and grade separated crossing of Harmony Road. Right-of-way (ROW) acquisition and construction may be completed under separate projects, depending on funding source requirements. The City has secured multiple funding sources for the design, ROW acquisition and construction of the project. An approximate breakdown of the secured funding sources is shown in the table below: Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 5 of 36 Source Amount Transportation Alternatives Program (TAP) Grant Including Local Matching Funds (available CDOT Fiscal year 2020) $1,000,000 Local overmatch funds $900,000 City Staff are seeking additional funding opportunities, however proposing teams should demonstrate ability and experience regarding value engineering projects of similar scope and complexity, and ability and experience regarding finding additional grant funding sources. Required elements for the Project include: • Identify and analyze multiple alternatives which will meet project goals of providing a grade separated crossing of the Power Trail across Harmony Road. Solutions may include: o Power Trail overpass over Harmony Road o Power Trail underpass under Harmony Road • Coordination with CDOT Staff Bridge as required • Coordination with UPRR and Platte River Power Authority (PRPA) • Design landscaping, irrigation and urban design elements • Coordinate with the City’s Art in Public Places (APP) Program • Design and construct the project in a sustainable fashion which balances the environmental, social and economic needs of the City and adjacent land owners and businesses The successful firm/team must work together in partnership with the City, CDOT, and stakeholders to coordinate and conduct joint reviews at critical milestones throughout the project. In addition, the project team will offer an extensive public outreach and engagement process with the many project stakeholders to ensure the improvements meet the needs of the area and are compatible with the current conditions, as well as to serve the long-range vision. Successful coordination with UPRR and PRPA will be critical to the successful completion of the project. Proposing firms/teams should demonstrate their proven ability to coordinate, negotiate with and anticipate the requirements of UPRR or similar Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 6 of 36 railroads, and PRPA or similar utility land owners. Successful coordination will involve early and frequent coordination meetings and iterative alternative development. II. Professional Selection Process and Project Schedule It is the City’s intent to hire a single Professional Team/Firm capable of handling the following duties: • Planning • Multi-modal engineering • Geotechnical engineering and groundwater analysis • Structural design • Urban design • Landscaping and irrigation design • Public and stakeholder support including graphics, renderings, and material development • Railroad coordination and negotiation • Utility company coordination and negotiation • Roadway design • Utilities engineering • ROW plan production • Environmental and historic investigation and clearance support • Design support during construction On time delivery is imperative for the project. Proposing firms/teams must explain their approach and innovative delivery strategy to ensure an efficient schedule. Firms/teams shall submit a detailed project schedule outlining all phases of the project including critical milestone dates. The City has listed anticipated dates for the Professional Selection and Project Schedule as noted below. • Professional Selection Process: o RFP Available to the Public Week of April 9, 2018 o Pre-Proposal Meeting April 16, 2018 @ 10:00 AM o Last Day to Submit Questions April 23, 2018 @ 5:00 PM Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 7 of 36 o RFP Submittal Deadline May 8, 2018 @ 3:00 PM o Conduct Interviews (Tentative) Week of May 21, 2018 o Select and Notify Professional (Tentative) Week of May 28, 2018 • Project Schedule Construction should take place in 2020. Below is a tentative schedule meeting this goal. We are interested in the proposing team’s proven ability to meet or exceed this schedule. o Project Kick-off and Alternative Analysis Summer 2018 – Fall 2018 o Preliminary and Final Engineering Fall 2018 – Summer 2019 o ROW Acquisition and Railroad Negotiations Spring 2019 – Spring 2020 o Advertise for Construction Spring 2020 Proposing firms/teams shall supply a design schedule with the proposal. The schedule shall detail all items required to meet the advertisement date and shall clearly indicate critical path work items. Proposing teams should also describe solutions which may/will help accelerate the schedule. Proposal schedule should show the Professional realistically meeting the above timeline or provide an explanation for why the timeline is not attainable. FHWA Performance End Dates will not be applied to the design, but may apply to the ROW acquisition and will apply to construction. Dates will be determined by CDOT and FHWA, with input from the City, prior to start of applicable phases. Proposing firms/teams should demonstrate ability to accurately estimate schedules for each phase of the project. Because the design phase of the Project is using City funds, FHWA and CDOT requirements do not apply for procurement of a firm/team. Proposing firms/teams shall supply a fee schedule including hours and rates for each task on the schedule developed by the firm/team. Final cost and fees will be negotiated with the successful firm/team after the evaluation process has been completed, and will be based on the scope of services developed with the successful firm/team. The contract will be set up in a Cost Plus Fixed Fee format. Proposing firms/teams should demonstrate their ability to create a unique “identity” for the project location with respect to urban design and landscape architecture. Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 8 of 36 III. Scope of Work The following is an outline of a general scope of work. Proposing firms/teams shall expand each of the tasks listed below. Additional tasks, if deemed necessary by the proposing firms/team, shall be added to the list to ensure a successful project. a. Project Kick-Off Phase: City Tasks o Provide relevant data from the LCUASS, Fort Collins 2013 Paved Recreational Trail Master Plan, and 2014 Bicycle Master Plan o Provide relevant data from the Pedestrian Grade Separated Prioritization Study as it becomes available o Provide aerial maps using 2013 or 2016 aerial photography o Provide existing topographic survey per the City of Fort Collins Groundmaster Coordinate System (Horizontal) and the City of Fort Collins Vertical Control Network (NGVD 1929 – Unadjusted Vertical) o Provide a digital copy (CAD format) of the existing surface and point files o Provide property analysis map including ownership, property lines, relevant easements, and current tenants based on title commitments o Provide any known preliminary historical data o Capture horizontal and vertical survey of potholed utilities o Initiate coordination with Union Pacific Railroad o Initiate coordination with Platte River Power Authority Professional Tasks o Review provided survey information and request additional survey from City if needed o Produce mapping based on information provided by the City o Attend coordination meetings (as needed) with Union Pacific Railroad and Platte River Power Authority o Communicate with utility companies to ensure accurate information is presented Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 9 of 36 o Locate utilities by potholing (City may choose to use separate on-call contractor for potholing) o Conduct soil bores in order to develop geotechnical report including groundwater analysis o Provide assistance with the identification and assessment of historic properties b. Alternative Analysis and Feasibility Study Phase This phase entails development of multiple alternatives and an alternative analysis showing the feasibility of each alternative including (but not limited to) the following factors: cost, schedule, utility impacts, usability by trail users, compatibility with nearby railroad, property impacts, constructability, lifecycle and long-term maintenance, and impacts to the traveling public. The following activities shall be completed within this phase of the project. Work items are identified according to City and Professional Tasks. City Tasks o Provide iterative feedback regarding alternatives developed by Professional o Make final determination (considering Professional recommendation) on alternative to proceed to final design Professional Tasks o All tasks necessary to deliver alternative analysis and feasibility study with Professional recommendation for which alternative to take to final design o Alternative must be compatible with UPRR and PRPA design requirements o Final alternative must be accepted by UPRR and PRPA if within their ROW or easement(s) o Collaborate with City iteratively to refine alternatives being explored and criteria to consider o Develop geotechnical report including groundwater analysis o Development of Structure Selection Report, including: o A minimum of two structure alternatives Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 10 of 36 o Cost estimates for each structure in report o Impacts to traveling public from construction of each structure in report o Any and all information and formatting requirements by CDOT o Conceptual urban design for each structure in report o Exhibits for public meetings if meetings are held prior to alternative selection Phase Deliverables o Schedule for Feasibility Study Phase o Feasibility study including Professional recommendation for alternative o Graphics and/or renderings showing each alternative (may require drone imagery) o Geotechnical report including groundwater analysis o Schedule for preliminary and final design for City selected alternative o Structure selection report (including urban design for the structures) c. Preliminary Engineering Phase This phase entails development of a preliminary engineering plan set or Field Inspection Review (FIR) level design and right-of-way plans approved by CDOT and the City. The following design considerations shall be addressed: o Trail design o Roadway bridge or pedestrian bridge design o Utility design o Pedestrian and bicycle facilities including access for off-trail users o Pavement design o Urban design, landscaping and irrigation o Right-of-way Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 11 of 36 The following activities shall be completed within this phase of the project. Work items are identified according to City and Professional tasks. City Tasks o Coordination with railroad, Platte River Power Authority, businesses, residents and other stakeholders regarding proposed improvements o Provide legal descriptions and exhibits of ROW, temporary construction easements (TCE), and permanent easement (PE) acquisitions. Property acquisition tasks will take place after CDOT ROW Plan Review (ROWPR). Professional Tasks o All tasks necessary to deliver preliminary engineering design (FIR) plans, construction specifications (including Standard Special Provisions and Project Specific Special Provisions), quantity take-offs, bid tabulations, and cost estimates. FIR plans also need to be of sufficient detail to determine ROW acquisition areas, including TCEs and PEs. Plans must be produced in accordance with all CDOT and LCUASS guidelines, and in CDOT plan format. Plans, specifications, quantity take-offs, bid tabulations, and cost estimates will be submitted to the City electronically. The selected firm/team is fully responsible for the Quality Assurance and Quality Control (QA/QC) of the deliverable documents. o Development of two (2) urban design and landscape concept plans. Plans shall reference urban design on the grade separated crossing, but must incorporate urban design throughout the project footprint. One plan will be selected and developed during the Final Engineering phase. o Urban design elements may include the following ▪ Treatment of bicycle and pedestrian facilities ▪ Landscaping and irrigation ▪ Pedestrian lighting ▪ Coordination with Art in Public Places (artist will work within separate contract) o Proposing firms/teams should implement a historical and/or cultural interpretation of the project area o Urban design should be context sensitive o Coordinate with City Project Manager and City Survey (including Survey firms working for the City) to identify property impacts and extent of ROW Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 12 of 36 and TCE acquisition needs. The Professional will provide a digital copy (CAD format) of the linework to the City Project Manager and City Survey for all proposed acquisition areas (temporary and permanent). o Development of preliminary drainage report including outfall locations and grade separated crossing stormwater management o Thorough utility design o Coordinate with City Utilities Department to include: ▪ Water ▪ Wastewater ▪ Stormwater ▪ Light & Power ▪ Fiber Optic and Traffic ▪ Broadband o Coordinate with all private utilities potentially impacted by the improvements o Determine extent and location of any utility relocations o Develop preliminary level stormwater improvement plans o Development of pavement design o Include subsurface exploration (boring) with laboratory test results o Include recommendations for Hot Mix Asphalt (HMA) pavement sections, as needed o Attend and conduct FIR meeting. Meeting agenda and minutes to be developed and provided by the Professional, with feedback and approval from City Project Manager. o Obtain environmental and historic clearances in accordance with City, State and Federal requirements including, but not limited to preparing necessary resource management plans and obtaining necessary permits. Phase Deliverables o Meeting minutes (see Public and Stakeholder Involvement section for anticipated meetings) o Preliminary drainage report Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 13 of 36 o Pavement design o Two (2) urban design and landscape alternatives (outside of the structure selection report concepts) o Electronic PDF file of preliminary plan set (11x17 CDOT Region 4 formatting) o Electronic AutoCAD format file of design drawings o Electronic MS Word file of preliminary project specification book o Electronic MS Excel file of project bid tab and opinion of probable cost o FIR meeting minutes and comment responses o All categorical exclusion memorandums necessary for environmental and historic clearances d. Right-of-Way Phase The ROW phase will occur concurrently with the preliminary design phase. The successful firm/team will assist the City with development of a complete set of ROW plans to be submitted to CDOT for review and approval. ROW plans must be in current CDOT format and must be approved by the City of Fort Collins and CDOT. Plans will be tied to the City of Fort Collins Groundmaster Coordinate System (Horizontal) and the City of Fort Collins Vertical Control Network (NGVD 1929 – Unadjusted Vertical). ROW plans will include at least the following sheets: o Title Sheet (including project location map) o Tabulation of Properties o Project Control Diagram o Land Survey Control Diagram o Tabulation of Boundary Evidence o Monumentation Sheets o ROW Plan Sheets o Ownership Map City Tasks o Develop legal descriptions and exhibits for all proposed ROW, permanent and temporary construction easements o Review title commitments Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 14 of 36 o Establish existing ROW per the title commitments o Investigation of existing property pins o Develop all existing property lines and easements o Tabulation of monuments for the proposed ROW and easements o Provide information to Professional for monumentation sheets for ROW plan set o Stamping and signing ROW plan set o Installation of monuments o Review of ROW plan set and coordination with Professional to implement comments Professional Tasks o All drafting necessary for the ROW plan set o Development of proposed ROW and easement line work o Development of site specific mitigation plans for each parcel. For the purposes of this proposal, proposing firms/teams should anticipate mitigation plans for five (5) parcels with two (2) iterations per plan. Phase Deliverables o Complete ROW plan set approved by the City of Fort Collins and CDOT e. Final Engineering Phase This phase includes all necessary tasks to deliver final engineering design, or award set, plans, construction specifications (including Standard Special Provisions and Project Specific Special Provisions), quantity take-offs, bid tabulations, and cost estimates. Plans must be produced in accordance with all CDOT and LCUASS guidelines. Plans, specifications, quantity take-offs, bid tabulations, and cost estimates will be submitted to the City electronically. The successful firm/team is fully responsible for the QA/QC of the deliverable documents. City Tasks o Coordinate with impacted businesses, residents, and stakeholders regarding proposed improvements Professional Tasks o Development of final drainage report Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 15 of 36 o Finalize urban design and landscape preferred alternative o Attend and conduct FOR meeting. Meeting agenda and minutes to be developed by Professional. o Incorporate FOR comments into advertisement set of plans, construction specifications, and cost estimate All work shall be based on the requirements and guidelines found in current versions of the following documents: o Larimer County Urban Area Street Standards (LCUASS) https://www.larimer.org/engineering/standards-and-guides/urban-area- street-standards o 2013 Paved Recreational Trail Master Plan https://www.fcgov.com/parkplanning/plans-and-policies o 2014 Bicycle Master Plan https://www.fcgov.com/bicycling/bike-plan.php o American Association of State Highway and Transportation Officials (AASHTO) LRFD Bridge Design Specifications o City of Fort Collins Master Street Plan https://www.fcgov.com/transportationplanning/msp.php o City of Fort Collins Pedestrian Plan https://www.fcgov.com/transportationplanning/pedplan.php o City of Fort Collins Transfort Strategic Plan http://www.ridetransfort.com/abouttransfort/plans-and-projects/transfort- strategic-plan o CDOT Standard Specifications for Road and Bridge Construction o CDOT Standard Plans, M&S Standards o AASHTO guidelines o Americans with Disabilities Act (ADA) guidelines o Proposed Right-of-Way Guidelines (PROWAG) Phase Deliverables o Meeting minutes (see Public and Stakeholder Involvement section for anticipated meetings) Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 16 of 36 o Final drainage report o Stormwater management plan o Final urban design and landscape plan o FOR plans, construction specifications and estimate o FOR meeting minutes and comment responses o Electronic PDF of final plan set o Electronic MS Word file of final project specification book o Electronic MS Excel file of project bid tabulation and opinion of probable cost o Advertisement plans, construction specifications, and bid tabulation f. Advertisement and Construction Phases: o Professional will be tasked with providing any necessary responses and subsequent documentation for revisions to the plans, specifications, and bid tabulation as a result of Requests for Information (RFI). Professional shall also be tasked with providing addenda and field memos required during the advertisement and construction phases. o Professional shall incorporate any changes and/or modifications to the plan set, specifications, and bid tabulation as necessary as a result of the advertisement process. A memo shall be sent to the City stating the changes and how they were addressed prior to submitting the “For Construction” documents. o Professional shall assist the City during construction and must be willing to address constructability issues in a timely manner. Phase Deliverables o Electronic AutoCAD file of design drawings, including all design drawings, surfaces, point files, and drawing sheets (delivered prior to construction award) o Four (4) half size “For Construction” plan sets (black and white, 11x17 CDOT format), stamped by Colorado Professional Engineer (delivered prior to construction award) o Electronic PDF “For Construction” plan set, stamped by Colorado Professional Engineer (delivered prior to construction award) Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 17 of 36 o Electronic PDF “For Construction” project specification book, stamped by Colorado Professional Engineer (delivered prior to construction award) o Electronic PDF “As-Constructed” plan set (half size, black and white, 11x17, CDOT format) (delivered after construction is complete IV. Public and Stakeholder Involvement The City will develop and implement a Communication Plan which shall address public involvement and stakeholder coordination. The process will include potentially affected interests such as City Council, multiple City departments, City’s Transportation Board, area property and business owners, private utility companies, Union Pacific Railroad, and bicycle and pedestrian advocacy groups. Professional tasks to support the City’s public and stakeholder involvement process may include: • Graphics production and/or reproduction • Public mailing preparation • Attendance and participation at stakeholder meetings • Attendance and participation at project open house events • Preparation of presentation materials • Development of press releases and/or media materials • Attendance at public meetings For purposes of this proposal, submitting firms/teams should plan on attending and providing support for the following: • Feasibility Study Phase o One (1) public open house meeting o Four (4) project coordination meetings o Four (4) utility coordination meetings o One (1) City of Fort Collins Council meeting • Preliminary Engineering Phase: o Four (4) project coordination meetings o Two (2) utility coordination meetings • Final Engineering Phase: Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 18 of 36 o One (1) public open house meeting o Four (4) project coordination meetings o Two (2) utility coordination meetings o One (1) City of Fort Collins Council meeting V. National Environmental Policy Act Special Requirements Professional will be responsible for preparing documents in accordance with the requirements of the current federal and state regulations including the National Environmental Policy Act of 1969 (NEPA). For NEPA documentation the project will likely qualify as a Programmatic Categorical Exclusion. Work should include all preparation and submittal of required documents. • Wetland Determination (survey) – Conduct an initial wetlands assessment. If it is determined that wetlands exist within the project area, a wetland delineation shall be conducted according to the guidelines outlined in the 1987 Corps of Engineers (Corps) Wetland Delineation Manual. Wetland boundaries will be surveyed into the project plan sheets, and temporary and/or permanent impacts determined. If the wetlands are jurisdictional, project activities will be subject to Section 404 permitting through the US Army Corps of Engineers (Corps). For permanent impacts of 500 square feet or temporary and or permanent impacts of 1000 square feet or more, including wetlands not regulated by the Corps, a Wetland Finding Report will be required that includes a detailed mitigation plan. For permanent impacts of 1/10 of an acre or more, a FacWet, functional assessment will also be conducted and results included in the Wetland Finding Report. Any mitigation needed, will be at a 1:1 ratio. • Section 404 Permit – Determine if a section 404 permit is required. 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 mitigation plan. • Migratory Bird – Surveys and assessments will be conducted for all migratory birds that could potentially occur within the project site and affected by the project. This can include removal of trees, work on bridges or other structures, clearing and grubbing of vegetation, etc. Additionally, CPW Recommended Buffers Zones and Seasonal Restrictions for Colorado Raptors should be followed. • Historical Resources – In order to comply with Section 106 of the National Historic Preservation Act, conduct a file search through History Colorado’s COMPASS cultural resource database. If the project has the potential to directly or indirectly impact properties 50 or more years old, conduct intensive-level field survey to document and evaluate the significance of historical resources per the National Register of Historic Places eligibility criteria. If appropriate, prepare inventory forms and draft documentation of eligibility and effects letter to facilitate consultation with the State Historic Preservation Officer (SHPO). The consultant responsible for these tasks must meet the Secretary of the Interior’s Professional Qualifications Standard for historians and/or architectural historians. Region 4, Staff Historian will approve APE and will initiate consultation with SHPO, if needed. If the project should result in a finding of no adverse effect to a historic Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 19 of 36 resource under Section 106, services should also include the preparation of 4(f) de minimus letter for FHWA review and approval • SWMP and MS4 compliance – If the project occurs within CDOT owned ROW, the LA will have to follow all CDOT SWMP development and MS4 (permanent Water Quality) requirements including reviews and approvals by CDOT staff authorities. • Noxious Weeds – Identify all noxious weeds within the construction area (any disturbed areas). If noxious weeds are abundant and/or can be spread during construction activities we would then need a weed management plan for both control and treatment. • Noise – Determine if the project requires a noise analysis (Type I). If so, a noise analysis will be required if noise sensitive receptors are present with the project areas. The applicant will be responsible for any and all analysis needed to demonstrate compliance. • Hazardous Waste – Hazardous Waste (ISA) – Conduct an initial site assessment to determine if any hazardous materials may exist in the project area. • Parks and Wildlife SB 40 – An application for SB 40 wildlife certification will be completed. • Threatened or Endangered Species (T&E) – Review and conduct an initial threatened or endangered species assessment (USFWS IPaC) for all Federal and State listed T&E species 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 USFWS should occur as well as consultation with CPW for state listed species. • 6(f) and non-historic 4(f) – Compliance with and completion of all 6(f) and non- historic 4(f) documents with review by CDOT and submittal by CDOT to FHWA. This includes any mitigation All documents will be reviewed by CDOT before considered final. CDOT performs: • Archeology assessments and/or surveys • Paleontology assessments and/or surveys • Air Memo VI. Submittal Requirements Proposals should be kept to 25 double-sided pages (50 single-sided) or less. Page count includes all pages less cover sheets and dividers. Please include the following in your proposal: 1. Project Understanding: Provide a brief summary of your understanding of the project. 2. Approach: Describe your recommended approach to achieve the Scope of Work described above. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative ideas to create a successful plan. Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 20 of 36 3. Team Profile: Provide relevant information regarding the team you propose to work in this project including: a. Overview of firm(s) b. Example of recent and relevant projects with location and reference contacts c. People (availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 4. Schedule: Provide a detailed project schedule showing phases, key milestones, deliverable dates and public meetings. The schedule should either show the project meeting the advertisement date given in this RFP, or give a detailed explanation about why the advertisement date is not realistic. 5. Fee Estimate: Provide a detailed fee estimate showing hours, hourly rates, and reimbursables for each task on the schedule developed by the firm/team. VII. Contact Information Engineering Department Contacts Caleb Feaver Capital Projects Engineer 970-416-4229 cfeaver@fcgov.com Tim Kemp, PE Interim Capital Projects Manager 970-416-2719 tkemp@fcgov.com City of Fort Collins Engineering Department 281 North College Avenue PO Box 580 Fort Collins, Colorado 80522 Purchasing Department Contact Elliot Dale, MS, LEED AP BD+C Senior Buyer 970-221-6777 edale@fcgov.com City of Fort Collins Purchasing Department 215 North Mason Street PO Box 580 Fort Collins, Colorado 80522 Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 21 of 36 VIII. Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview sessions. At the discretion of the City, interviews of the top-rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTIN G FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? Has the firm successfully completed previous projects of this type and scope? Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 22 of 36 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Rated Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 23 of 36 IX. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to enter into the City’s Service Agreement (sample attached) and submit proof of insurance naming the City of Fort Collins additional insured within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 24 of 36 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of ( ) page(s) and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 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 Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 25 of 36 termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional is responsible for and shall ensure the design Work under any Work Order complies with the most recent revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards for Accessible Design, separate from and in addition to compliance with applicable building codes. Professional shall ensure that any change orders or other changes to the Work comply with the ADA Standards for Accessible Design. Professional shall be responsible for any necessary redesign due to failure to comply with ADA requirements, including any costs for such redesign. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 26 of 36 final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the Work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by the Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 27 of 36 13. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 16. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 28 of 36 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 29 of 36 e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 30 of 36 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 31 of 36 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 32 of 36 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 8730 Engineering Design & Support Services - Power Trail Grade Separated Crossing at Harmony Rd Page 33 of 36 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8730 Engineering Design & Support Services for the Power Trail Grade Separated Crossing at Harmony Road Page 34 of 36 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8730 Engineering Design & Support Services for the Power Trail Grade Separated Crossing at Harmony Road Page 35 of 36 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 8730 Engineering Design & Support Services for the Power Trail Grade Separated Crossing at Harmony Road Page 36 of 36 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.