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Home My WebLink About150670 STANTEC INC - CONTRACT - CONTRACT - 30019 HARMONY ZIEGLER ROUNDABOUTPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Stantec Consulting, Inc., hereinafter referred to as "Professional". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until June 30, 2007, unless sooner terminated as herein provided 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Stantec Consulting, Inc. City of Fort Collins City of Fort Collins, Purchasing Attn: Jim Allen-Morely Attn: Matt Baker PO Box 580 209 S. Meldrum 281 N. College Ave. Fort Collins, CO 80522 Fort Collins, CO 80521 Fort Collins, CO 80524 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. Standard Professional Services Agreement- rev 09/01 /06 1 corrections discussed. No full review cycle is anticipated SURVEYING Surveying will include the preparation of easement documents necessary for the acquisition of Right of Way and Construction Easements. Field survey is anticipated for utility locations and 500 feet to the east of the present Harmony design. Topographic Survey Complete additional survey to confirm cross slopes east of Ziegler on Harmony Road. Complete a topographic survey for 500 feet east of the end of the current design on Harmony Road. Utility locations and pot hole surveying are anticipated. Stantec has budgeted hrs for both Ziegler and Harmony Road Easements Prepare legal descriptions and easements. 12 easement descriptions anticipated for Both Ziegler and Harmony Road. Final Drawing Production This accounts for the final collation and review of the plans. Project Management and QA and QC. Jeff Temple of our Transportation Group has been brought in to QA our plans. And we have accounted for 3 days of Project Management Landscape Design BHA will be hired as a subconsultant and complete the landscape design for the medians of Harmony and Ziegler. It is assumed that this will be only minor changes to what is submitted now. Irrigation Design Hines irrigation will complete the irrigation design for the medians as currently configured. This will complete 3 submittals for approval. Standard Professional Services Agreement- rev 09101106 11 ADDITIONAL SERVICES All services not listed under "Basic Services" are considered Additional Services. The compensation for these services will be in addition to that for "Basic Services" and will be negotiated when requested. 1. Negotiating for or obtaining off -site easements. 2. Construction Staking. 3. Engineering services incident to project scope changes beyond Stantec's control. 4. Services in connection with submitting for, or obtaining, any building permits or satisfying other governmental regulations: work due to change in governmental regulations instituted after the date of this contract. 5. Investigating existing conditions or facilities, or making measured drawings thereof, or verifying the accuracy of information furnished by others, or providing field surveys, except as identified under "Basic Services". 6. Preparing documents for alternate bids or out of sequence services except as noted under basic services. 7. Making revisions to drawings or the documents when such revisions are inconsistent with prior approvals or instructions. 8. Providing consultation and professional services in connection with evaluation or replacement of any work damaged during construction. 9. Services made necessary by contractor's default or by defects in the work of the contractor. 10. Services modifying work performed by Stantec Inc. to bring the construction cost within any limitation imposed by the Client except as noted in "Basic Services. 11. Providing services for any off site improvements not listed under "Scope". 12. Providing services in connection with future facilities, systems or equipment, which are not intended to be constructed as part of this project. 13. City of Fort Collins Standards variance requests if necessary. 14. Construction Cost Estimates or Quantities 15. Pot Holing Information. COMPENSATION The fees below are based are based on a time and materials basis with estimates shown below. Expenses will be charged in addition to the amounts shown below at cost plus 10%. Final Design For Harmony Road And Ziegler Road Excluding The Horsetooth And Ziegler Roundabout Meetings Meetings........................................................................................... $2,160 Subtotal $2,160 Standard Professional Services Agreement- rev 09/01/06 12 Revised Drafting for City of Fort Collins Revised Drafting............................................................................... $7,926 Subtotal $7,926 Final Design HarmonyRoad............................................................................... $28,544 Ziegler Road...................................................:............................... $13,176 Subtotal $41,720 Survey Topographic Survey......................................................................... $2,438 Utility location survey...................................................................... $3,118 Easements (12 descriptions)............................................................ $6,000 Subtotal $11,556 Project Management QA/QC............................................................................................. $3,312 Project Management........................................................................ $3,312 Subtotal $6,624 Engineering and Survey Total ..................................................... $69,986 Landscape Design......................................................................... $5,000 Irrigation System Design............................................................... $9,750 Total............................................................................................... $84,736 Note: Invoicing and the tracking of labor time against budgets will be at the major task level only (i.e. Preliminary Engineering, Final Engineering and Surveying). The sub -budgets listed above are for fee estimation purposes only. RESPONSIBILITIES OF THE CLIENT • Provide Title Policy for proposed easements. • Provide all criteria and full information as to the requirements for the Project. • Furnish all soil, subsurface, environmental tests, traffic reports, planning services and reports required by Stantec Inc. (except where such are included in "Basic Services".) • Furnish all field surveys of boundaries, topography, and locations (except where such are included in "Basic Services). • Designate a person to act as representative with respect to professional and contractual services of Stantec. • Give prompt notice to Stantec of any development that affects the scope and/or timing of Stantec's services. • Pay all submittal and filing fees as required for the project. Standard Professional Services Agreement- rev 09/01/06 13 SUMMARY Stantec is pleased to present this proposal to the City of Fort Collins. This project has been done by Stantec up to this point and would be able to use its knowledge of the project and its resources to the City of Fort Collins advantage. Execution of Stantec's standard contract or other acceptable form of contract is required prior to commencing work on the project. Sincerely, Jim Allen -Morley, P.E. Stantec Consulting, Inc. Associate Standard Professional Services Agreement- rev 09/01/06 14 EXHIBIT B STANTEC RATE TABLE _.._ .....__.__...._.._ ._...._. ENGINEERING GROUP Stantec 2007 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS Staff Member Title Administrative Senior Administrative Staff Designer / CAD Technician Designer / CAD Technician Senior Designer / CAD Technician Design Engineer Project Engineer Senior Engineer Project Manager Billing Level Descriptions Rate Table Administrative Support Levels 14 $43-$61 Levels 5-6 $67-$74 Technical Services Levels 4-5 $61-$67 Levels 6-7 $74-$80 Levels 8-10 $87-$104 Professional Services Levels 6-7 $74-$80 Levels 8-9 $87-$95 Levels 10-11 $104-$114 Levels 11-13 $114-$138 Sr. Project Manager / Principal Levels 12-16 $126-$171 Proiect Expenses This charge will be 8% of fees invoiced, unless otherwise indicated in Contract, and will include: Internal incidental printing -related expenses including all output from printers, prints, photocopies, plots, film, vellum, plastic covers, spines, dividers, and map pockets. Communications expenses including faxes, office and mobile phones, calling card expenses, pagers, and other wireless communications. Office related expenses including postage, courier, supplies and equipment expenses. Computer maintenance expenses and supplies, and use of common software such as AutoCad, Word, Excel and PowerPoint. Local mileage charges incurred by staff in carrying out projects. Maintenance of archives, both electronic and hardcopy, including space and handling. Required submittal prints plus one copy for client. Sub Consultants and Disbursements At cost + 15% Sub Consultants' invoices for supplies and services. Printing, plotting and production of final reports, drawings, specifications, tender documents and other like items for delivery or use by others external to Stantec and client, supported by separate invoices from externalloutsourced printing services. Out-of-town charges incurred by staff for meals, travel and/or accommodation in connection with a project. Page 1 of 1 Initials Project: Final Design of Harmony and Ziegler Road for City of Fort Collins 3/1412007 Final Desgn(PDP/FCP) # Shts Pry. M r Prof Proj E Des Tech Tech Survey Tech Survey Man Survey Sub Consult. Total Labor Flrs / Task Total Computer Hmrrask Total Labor Cost / Task Total Computer Cestrrask Total Cost / Task Subtotals Current RatesMour $ 138 5108 $ 85 $ 75 85 $ 65 $ 75 $ 100 $ 140 $50 $ 10 Meetings 0 0 $9 $0 0 0 $0 $0 $0 Coordination 20 20 0 $2,160 $0 $2,160 0 0 so $0 $0 Revised Drafting for City of Fort Collins 0 0 $0 $0 0 0 $0 $0 $0 Demolition Plam 8 1 16 24 0 $2.224 S0 $2224 Plan and Profile Drawing Adjustments 50 50 0 $4.250 $0 $4.250 Paving Plan 4 12 16 0 $1,452 $0 $1,452 0 0 $0 $0 $0 Ziegler 0 0 s0 $0 $0 0 0 $0 $0 $0 0 0 $0 $0 $0 redo vertical design 8 40 48 0 $4264 so $4,264 redo drafting 8 24 32 0 $2,904 $0 $2,904 Design private drives 4 8 12 0 $i 112 $0 $t 112 Drainage 81 1 18 1 241 0 $2224 $O $ New Storm Sewer Profile 8 12 20 0 $1.884 $0 Dietz sewer service 1 8 9 0 $788 $0 0 0 $0 $0 Harmon Road 0 0 $0 $0 0 0 $0 $0 VE engineer 0 $0 $0 redo vertical design 8 40 48 0 $4264 S0 Drafting. 8 40 48 0 $4264 SO 0 0 $0 $0 so Drainage 18 32 48 0 $4,448 $0 $4.448 0 0 0 $0 $0 Miso. Design 0 0 $0 $0 $0 0 0 $0 $0 $0 Under Drains 4 12 16 0 $1,452 $0 $1,452 Sleeves 12 12 0 $1,020 $0 $1.020 Horizontal Control Plans 4 4 0 $340 $0 $340 Jointing Plan revisions 8 4 12 0 $1 4 SO $1,204 Additional Iniersec8on Design Derail 16 16 0 $1,728 $0 31,728 Phasing Plan 4 16 20 0 $1,792 $0 $1,792 Extend Design to East 18 40 56 0 $5 128 $0 $6,128 Final Production 8 24 32 0 $2,904 $0 S2.904 aa"o Ks unawaar e w cry 4 ronc .m 1 Stantec Project: Final Design of Harmony and Ziegler Road for City of Fort Collins 3/1412007 Final Desgn (PDP/FCPI # Shts Proj. Mgr Proj Eng Pmj En Des Tech Tech Survey Tech Survey Survey Sub, Consult. Total Labor Hrs. i Task Total Computer Hrslrask Total Labor Cost i Task Total Computer Cosl/rask Total Cost / Task Subtotals Cunent Ratesll-lw E 138 $108 $ 85 S 75 $ 85 $ 65 $ 75 $ 100 S 140 $50 $ 10 0 0 $0 $0 $0 Surrey 0 0 $0 0 $0 Addibonal Topo 16 4 20 0 $2.438 0 $2,438 Hannony LM14 Locates 8 2 10 0 $1,219 $1,21 Ziegler Utility Design 6 2 10 0 $1219 $1,219 Pot Holing krtonnation 8 8 0 $M $0. $fi80 Easements 64 12 761 64 $6,000 $6,0 0 0 $0 $0 0 0 $0 $0 $0 0 0 $0 $0 $0 0 0 $o $ i OA / OC Jeff Temple 24 24 0 $3,312 $3,312 Project Management Jim Allen -Morley 24 24 0 $3,312 $3,312 0 0 $0 0 $0 0 0 $0 $0 $0 0 0 $0 $0 $0 0 0 $0 $0 $0 0 0 SO $0 $0 0 0 $0 $0 $0 Total Hours 48 157 0 0 418 0 64 12 32 8 739 $0 Total Labor Cost $6.624 576,956 $0 SD $35,530 $0 $4,800 $1200 $4,480 $396 $69,986 $0 $69,986 Bayer^Me ammaee lar anal a Can M FMC .sa 2 Slant" Hourly Rates BHA Design Incorporated Labor fees for BHA Design are based on the following hourly rates: PROFESSIONAL HOURLY RATE Principal $ 102 — 150 M Associate $ 87 — 105 Landscape Architect $ 67 — 98 Administrative $ 55 — 75 Hourly Rates Page 15 NINES irrigation Consultants Staff Position Hourly Rate Principal $ 110 Civil Engineer P.E. $ 1 10 Senior Designer/Engineer $ 85 Irrigation Designer/Engineer $ 75 Administrative Management $ 55 Computer Drafting $ 55 Engineering & Design Support $ 45 Reimbursable Expenses: 2007 Fee Schedule • Mileage cost is $0.50 per mile • Drawing plots $3.00 - $12.00 per 24" x 36" drawing depending on quantity needed • Overnight and express mail at a rate of 1.4 of cost • Sub -consultants if needed at a rate of 1.4 of cost • No charge for telephone, faxes, or copies of paper documents. Fee adjustments: • Fee adjustments for changes in scope or other additional services requested are proposed in writing and must be approved prior to commencement of work. w ,Hineslmgotion.com Colorado Office 970-282-1800 Arizona Office 602-240-9800 ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 °05/0212o 1 PRODUCER Serial # 21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON REED STENHOUSE INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AON RISK SERVICES, INC. OF MINNESOTA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 900 - 10025 - 102A AVENUE, EDMONTON, AB T5J OY2 TEL: (780) 423-9801 FAX: (780) 423-9876 INSURERS AFFORDING COVERAGE INSURED STANTEC CONSULTING INC. INSURERA: ZURICH AMERICAN INSURANCE COMPANY 209 SOUTH MELDRUM STREET INSURERS: HARTFORD CASUALTY INSURANCE COMPANY FORT COLLINS, CO 80521-2603 INSURERc ZURICH AMERICAN INSURANCE COMPANY INSURERD: TWIN CITY FIRE INSURANCE COMPANY LLOYD'S OF LONDON COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any me fire) $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GLO 3373919-04 05/01/07 05101 /08 CLAIMS MADE FRJ OCCUR MED EXP (Any one person) $ 10,000 X CONTRACTUAVCROSSLIABILITY PERSONAL $ADVINJURY $ 1,000,000 X PROTCCi& CONTRACTORS XCU COVER INCLUDED GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY X PRO- LOC B AUTOMOBILE X LIABILITY ANYAUTO 41 UEN TZ 9623 11/01/06 11/01/07 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Par accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ NOT OTHERTHAN EAACC $ APPLICABLE ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 C X OCCUR EJ CLAIMS MADE 8831307 05/01/07 05/01/08 AGGREGATE $ 6,000,000 EXCESS GENERAL, AUTO AND $ DEDUCTIBLE X RETENTION $ 10,000 EMPLOYERS LIABILITY (FOLLOW FORM) $ a D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 41 WB PL7271 11/01/06 11/01/07 X TWORYLIMRS TRH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMB I $ 1,000,000 E OTHER QK0602009 08/01/06 08/01/07 CLAIM AND AGGREGATE LIMIT $2,000,000 PROFESSIONAL LIABILITY INCLUSIVE OF COSTS INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE CLAIMS MADE BASIS DESCRIPTION OF OPERATONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS STANTEC PROJECT # 1870. RE: FRONT RANGE VILLAGE - OFF SITE ROAD IMPR HARMONY RD & ZIEGLER RD. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CITY OF FORT COLLINS ATTN: JAMES B. O'NEILL II P.O. BOX 580 FORT COLLINS CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR /iGVKN LDV 1//B!/ 0 STANTEC #2007-05-FORT COLLINS.FP5 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to Exhibit "B" Hourly Rates consisting of five (5) pages and incorporated herein by this reference, Sixty Nine Thousand Nine Hundred Eighty Six Dollars ($69,986) with maximum compensation for both Professional's time and reimbursable direct costs not to exceed Eighty Four Thousand Seven Hundred Thirty Six Dollars ($84,736). The parties acknowledge that sub- contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 2 herein shall apply to all rates listed in Exhibit "B" including subcontractor rates. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be Standard Professional Services Agreement- rev 09/01 /06 2 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. 6. 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. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written Standard Professional Services Agreement- rev 09/01l06 3 consent of the City. 11. 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. 12. 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. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. 14. Bindinq 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. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Standard Professional Services Agreement- rev 09/01/06 4 Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course Standard Professional Services Agreement- rev 09/01 /06 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify. the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Of St z THE CITY OF FORT COLLINS, COLORADO By: - 0 k4z..C� T-Jarnes B. O'Neill II, CPPO, FNIGP Direct o Purchasing & Risk Management DATE: _S I `7 1 O 2 Stantec Consulting, Inc. By. 12 . 4 Title: IV `QKao-�, .kcc �I cx- Ptes CORPORATE PRESIDENT OR VICE PRESIDENT Date: Zero e � � V µ. BQJdbba�*59IISN��" Standard Professional Services Agreement- rev 09/01 /06 6 EXHIBIT "A" SCOPE OF PROFESSIONAL SERVICES FOR COMPLETION OF FRONT RANGE VILLAGE OFF -SITE ROAD IMPROVEMENTS HARMONY ROAD AND ZIEGLER ROAD FOR THE CITY OF FORT COLLINS MARCH 14, 2007 INTRODUCTION Stantec Consulting Inc. is pleased to be asked to finalize the design of Harmony and Ziegler Roads. Stantec while under a contract with Bayer Properties has nearly completed the final design of the off -site roads excluding the roundabout at Ziegler Road and Horsetooth Road. At this time it is our understanding that the City of Fort Collins has now agreed to take over the finalizing of these documents and the construction of this project, and that value engineering is now part of this project. Stantec currently has the resources and capability to expedite this process. The remainder of this proposal describes our understanding of the scope of work required for the final engineering design. DESIGN APPROACH The design documents for this project are completed to a 95% level except for the roundabout at Zeigler and Horsetooth Road, which is now at a preliminary level. It is our understanding that the Harmony Road and Zeigler Road Off -site Road plans will be completed first and that the roundabout design and construction plans will follow directly afterwards by a separate document. Standard Professional Services Agreement- rev 09/01/06 The design approach will be to complete value engineering coordinated in meetings with the City of Fort Collins, their contractor of choice and Stantec. Review construction methodology and determine where changes to the design will be cost effective. A preliminary design will be done to check the feasibility of the design changes prior to final construction plans. The preliminary time frame for completion of work is 4 to 6 weeks from contract signing. GENERAL ASSUMPTIONS As a matter of clarification, several assumptions were made in developing this proposal: ✓ The majority of the final design will stay in tact with no major changes to the presentation of the drawings. ✓ The City of Fort Collins will do the majority of the meetings with Property owners for easement negotiations ✓ The City of Fort Collins complete the majority of the utility conflict resolution with Stantec providing the construction drawings ✓ The City of Fort Collins will review the demolition plans and mark them up to their satisfaction and Stantec will review and put in the construction drawings. ✓ Drainage design will conform to the current Master Drainage Plan for the area. It is anticipated that the majority of the storm drainage system will discharge through a new water quality detention pond that will be constructed with Front Range Village. ✓ Any necessary geotechnical or environmental investigations or studies will be provided by other consultants at the Client's expense and direction. ✓ Client will provide for the pot holing of utilities. Stantec will survey utiltity locates and include this information in the drawings. SCOPE: VALUE ENGINEERING Stantec will meet with the City of Fort Collins representative to review construction methodology and review the current plans to see where costs can be saved. PRELIMINARY VALUE ENGINEERING DESIGN Once the design changes for value engineering are agreed, Stantec will modify the plans to a preliminary level to see if they are feasible. It is anticipated that this could take between 1 and 2 weeks. During this time we will stay in contact with the City of Fort Collins developing the ideas to a higher level. FINAL DESIGN FOR HARMONY ROAD AND ZIEGLER ROAD EXCLUDING THE HORSETOOTH AND ZIEGLER ROUNDABOUT Once the value engineering items are approved to go to final design, Stantec will complete the final design and drafting for these items as well as all other items including drainage. Standard Professional Services Agreement- rev 09/01/06 Final Street Design Complete the final design of the Harmony and Ziegler Roads including the value engineering changes. This includes the following: Revised Drafting requested by City of Fort Collins Revising Stationing on Harmony and Ziegler roads Revising Viewport Order so median profiles are on the same sheets and the lane line profiles are on the same sheet. Revise Jointing Plan to reflect cross walks Revise Paving Plan Scale. Ziegler Road Design Value engineer vertical road design. Redo drafting for value engineering Finish design of private drives. Final Drainage design New Storm Sewer from Value Engineering Dietz and Young Sewer Service. Add Underdrains Harmony Road Design Value engineer vertical road design. Redo drafting for value engineering Add Under Drains Add Sleeving Update Horizontal Control Plan Jointing Plan Revisions Additional Intersection Detail Phasing Plan Extend Design to east Final Storm Drainage Design Complete the drainage design for the necessary storm sewers. See above for listing. Final Utility Design Complete the demolition and utility relocation plans. See above for listing. City Of Fort Collins Comments Meet with appropriate individuals to discuss the above reports and drawings and make reasonable modifications. It is anticipated that this will be done by meeting with the City of Fort Collins reviewers on an individual basis and making the Standard Professional Services Agreement- rev 09/01/06 10