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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - GENERAL CORRESPONDENCE - MISC AGREEMENT 30106PROFESSIONAL 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 Interwest Consulting Group, hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, 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 attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until October 31, 2007, unless sooner terminated as herein provided. 4. 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: Interwest Consulting Group City of Fort Collins, Engineering City of Fort Collins Attn: Mike Oberlander Attn: Matt Baker Attn: Purchasing 1218 W. Ash St. Ste. C 281 N. College Ave. PO Box 580 Windsor, CO 80550 Fort Collins, CO 80524 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services Standard Professional Services Agreement- rev08/22/06 7. Answer any questions regarding the bid that contractors may have. Fee: $6,035 The fees above will all be billed on a time and materials, not to exceed basis. The total of all services itemized above is $99,417. The individual task costs may fluctuate from what is shown above. The fees do not include any services after approval and bidding of the project; Interwest would be please to provide any additional services needed by the City during or after construction. Direct expenses for plots, prints, mileage, etc. are also excluded from the above fee; an estimate of these expenses will be provided at the request of the City. We look forward to assisting you on this project. If you should have any questions, please call me at 631-2671. Sinceerely, AAJ Pej&tA�� Michael Oberlander, P.E. Project Manager Standard Professional Services Agreement- rev08/22/06 10 HORSETOOTH-ZIEGLER ROUNDABOUT 2007 SCHEDULE Topographic Survey and Conceptual Design 5/14/07 — 6/4/07 Right of Way Exhibits 6/4/07 — 6/1 1/07 50% Design, Submittals, and Review 6/11/07 — 7/23/07 90% and 100% Design, Plans, Specs, and Review 7/23/07 — 9/17/07 Standard Professional Services Agreement- revO8/22/06 11 EXHIBIT "C" HORSETOOTH-ZIEGLER ROUNDABOUT 2007 PROFESSIONAL SERVICE RATES INTERWEST CONSULTING GROUP HOURLY RATE Principal $120 Project Manager $98 Sr. Project Engineer $88 Project Engineer $83 Design Engineer $75 CAD Technician $60 Clerical $45 KING SURVEYORS HOURLY RATE Registered Land Surveyor $78 Project Manager $69 Technician I $60 Technician II $53.50 Technician III $45 2 Man Survey Crew $120 GPS Survey Crew $120 WHITE PINE CONSULTING HOURLY RATE Owner $85 DIRECT EXPENSES RATE Mileage $0.55/mile Copies (8 1/2" X I I") $0.18/copy Prints (24" X 36") $2.00/sheet Mylar Sepia (24" X 36") $13.00/sheet Vellum (24" x 36") $7.00/sheet Unless otherwise stated in the Agreement for Professional Services, reimbursable expenses such as outside reproduction, deliveries, sub -consultant fees, and travel costs are in addition to the base contract fees and are charged as listed above or at cost plus fifteen percent. These Professional Service Rates are considered Confidential and shall not be released to a third party without written permission of Interwest Consulting Group, Inc. Rates are subject to change. Standard Professional Services Agreement- rev08/22/06 12 if 5/18/2007 15:06 Van Gilder Insurance Corp. Erica Contreraz-+Christine 2/6 DORD. CERTIFICATE OF LIABILITY INSURANCE „ow Van Glider Insurance Corp. 700 Broadway, Suite 1000 Denver, CO 80203 303 037-8500 INSURED Intsrwest Consulting Group 1075 Lincoln Place Boutder, CO 80302 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO F49HTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE msuRERA: Hartford Casualty Insurance Co. msuRER e: Hartford Accident and Indemnity Co INSURER C: XL 5pedalty Insurance Company THE POLICIES OFINSURJNICE L%1ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PGI-rY PERIOD INDICATED. NOTNfRI,WANDING ANY REQUIREMENT, TERM OR CONDTTTON OF ANY CONTnACT OR OTHER DOCUMENT wrrH RESPECT YO WHICH THIS CERTIFICATE MAY BE 193UED OR MAY PERTAIN, THE WSURAW X AFFOR13M BY THE POUCIES. DEStMBEp HEREIN IS BUNJ£CT T10 ALL THE TERMS, FKCIUSIONS AND CONOtTIONS OF SUCH POLICIES ACaGREGATELIMITS SHOWN MAY HAVE BEEN REDUCED.BY PAID CLAW. tYFE OF INSURANCE POLICY NUMBER. DATE EaTra P llor LYRE A GENERAL LNSILTrY 348BAPA7834 0SM1107 0610110$ EACH OCCURRENCE S 7 000 DOD FIRFOAIIAOE*Y*r*lnl '$110 0000_ X COMMERCIAL GENERAL LIASUTY CLAIMSMADE 7x OCCUR MED90Vgiy.wN,pww) S 10000 PFOWN IL A ADV INJURY Sgm,m GENERAL AGGREGATE s! 000 000 GIML AGGREGATE L IPAITAPPLIES PER' PRODUVTa-compoP AGO #$41000000 POLICY PRO• LOD A Aurouo X "uAEaRY ANY Aura 34UECI33861 D8101107 Divillm8 C010,11INEDSINGLELIMr7 IE,jkeo0dWU. sS1,D00,000 31=my I UURY (Pwpe,smj I, ALL OWNED AUTOS SOHEDULEDAUTOS X X �DDILY INJURY tPw euJdenll S HIRED AUTOS NON -OWNED AUTOS PROP.EWlY DAMAGE fpereo6idoMl S. — GARAGE LGS&UTY AUTO ONLY-EAACCIDENT S OTHER.IHAN tRA00 AUTO ONLY AOG _ ANY AUTO •S A EzeEmuwluTY 7XI OCCUR 1:1 CLAIMS MADE 34SBAPAT634 06/01107 081011D8 PaCHOccuRHENCE 1 _ 0 0 AGOREUATT t 1000 OOL 0 s s. DEDUCTIBLE s X RETENTION $10 000 B WORKERSCOMPENEATIONAND 34YVEGKC7038 06101107 46101108 X 7p yT EMPLOYERSLU191LJTY- SS1 D00040_T_ E.L.EACH ACCIDENT E.L DISEASE- EA EMPL OYES SSI ODD 000 E.L. DISEASE -POLICY I wr *1 NO 000 C eTM�+ Professional DPR9601161 11114106 11/14/07 $2,000,000 per clahn iabl ity $5,000,000 annl aggr. [alms Made DESCRIPTION OF OPERATIONVLOCATKNUVE]HICLESIEXCLUSIONS ADDED SY ENDQR$EMENTI; =AL PROVISIONS Re: Horsetoath & Ziegler Project As required by written contract or written agreement, the Certificate Holder is included as Additional Insured under General Liability with respect to the above referenced. City of Ft. Collins Attn: James. B. OwmIm P.O. Box'5801 Fort Coffins, CO 80522 SHOULD ANYOFTHEAROVF OMMED POLICEsntcNlcELLEO SEFOItEthe EiDg11At ort DATE THEREOF, THE L"UH410 INSURER WAL ENDFAYOR TOMAIL Wt DAYSWRftUV NUMETO THE CERTIFICATE HOLDER NAYm 7OTH E LEFT, I UTFAA.URE TO D080SHALL IMPOSE NOOSLIGATION OR LIABILITY OF ANY10NO UPON THE INSURER.ITe A6Ewa VR REPRESEMATFAS. AMORUED REPREAENTATRIR ACORO 25•9 (7197) 1 of 1 SRdRF,S?RRmRi9iCAR , Cru" 0 Ar_rmn MapnRATIr1N loam �( 5/18/2007 15:06 Van Gilder Insurance Corp. Erica Contreraz->Chrtstine 3/6 Interxest Consulting Group 34SEAPA7634 BUSINESS LIABILITY COVERAGE FORM f� Various provisione to this policy restrtct coverage. Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this po icy the word's 'you" and "your" refer to the: Nerned Insured shown in the Declarations. The words 'we", "us' and "our" refer to thei stock Insurance company member of The Hartford providing this Insurance. The ward "Insured' means any person or organization qualifying as such under Section C. - Who Is An Insured. Other wands and phrases that appear In quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses De$nitiwta. X COVERAGES BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that ft Insured becomes legally obligated to pay As damages because of "bodily Injury", "proerty damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any 'suit" seeking those damages. However, we will have no duty to defend the insured against any 'suit" seeking damages for "bodily, tnjury", "property damage' or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence' or offense and settle any claim or "cuir that may result. But: (1) The amount we will pay for damages ie limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when We have used up the applicable limit of Insurance in the payment of judgments, setllpments or medical expenses to which this insurance applies. No other obligation or liability to pay suns or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: 11) To "bodily injury' and "property damage" only if: {a) The "bodily injury" or "property damage" Is caused by an "occurrence' that takes place In the "coverage territory'; (b) The "bodily injury" or "property damage" owure during the policy period; and. (c) Prior to the policy period, no Insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "emplayee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodlly injury' or wltmperty damage" had occurred. in whole or in part, If such a listed insured or authorized "employee knew, prior to the policy period, that the "bodily Injury' or "property damage" occurred, then any continuation, change or resumption of such "bodily Injury" or "property darnsW during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury' caused by an offense arising out of your business, but only 9 the offense Was committed in the 'coverage territory" during the policy period_ c. "Bodily Injury" or "property damage" will be deemed to have been known to have occurred at the earliest fjme when any Insured fisted under Paragraph 1, of Section C. — Who li An Insured or any "employes" authorized by you to give or receive notice of an "occurrence' or claim: (1) Reports all, or any part, of the 'botdily injury" or "property damage" to us or any other insurer; Form SS 00 0$ 04 05 Page i of 24 0 2006, The Hanford 5/18/2007 15:06 Van Gilder Insurance Corp. Erica Contreraz-►Christine 4/6 (b) Rented to, in the care, custody or central of, or over which pttyalcai control is being exercised for any purpose by you. any of your "employees', "volunteer workers•, any partner or member (If you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee' or "volunteer worker"); or any, organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the makitanance or use of t)at properly; and (2) Until your legal representative has been appointed. d. Legal Representathre If You Die Your legal representative if you die, but only with respect to duties as such, That representative will have all your rights and dugas.underibis insurance. e. Unnamed subsidiary Any subskdiary and subsidiary thereof, of yours which Is a legally incorporated entity of which you own a financial interest of more then 5.0% of thevoting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown In the Declarations as .a named Insured does not apply to -injury or damage with respect to which an insured under this Insurance Is also an. insured under another policy or would be an insured under such policy .but for its termination or upon the exhaustion of Its limits of insurance. 3. Newly Acquired Or Fom. ad Organisation Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more then 50% of the voting stock, will qualify as a Named Insured if there is no other similar Insurance available to that organization. However. a. Coverage under this provision is afforded onty until the 11IOth day attar you acquire or form the organization or the end of the policy period, whichever Is earlier; and 4. S. BUSINESS UABIUTY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily Injury' or "property damage" that occurred: or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization: Oparstor Of Mobile Equiptnant With respect to 'mobile equipmenr asgisfen9d In your name under any motor vehicle registration law, any person Is an insured while driving such equipment along a ptiblic highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with reaped to liability arising out of the operation of Me equipment, and only it na other Insurance of any kind Is available to that person or organization for this liability. However, no person or organization is an Insured with respect to: a. "Bodily Injury" to a do -employee" of the person driving the equipment, or b. "Prop" damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who Is an insured under this provision. Operator of Nonownedl Watercraft With respect to watercraft you do riot own that is leas than 51 feet long and is riot being used to carry persons for a charge, any person Is an Insured white operaffrtg such watercraft with your permission. Any other person 'or organization responsible for the: conduct of such person is also an Insured, but only with respect to liability adsing out of the operation of the watercraft, and only If no other Insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily Injury" to a co -"employee" of the, person operating the watercraft; or b. 'Properly damage' to property owned by, rented to, at the charge of or occupied by you or the employer of any person who is an insured under this provision. 0. Additlonal Insureds When Required By Written Contract" Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form 35 00 05 04 05 Page 11 of 24 7f 5/18/2007 15:06 Varr Gilder Insurance Corp. Erica Contreraz- Christine 5/6 BUSINESS LIABILITY COVERAGE FORM This Paragraph i, applies separately to (3) We have Iissued this policy In reliance you and any additional Insured. upon your representations_ 3. Rnanelal Responsibility laws b. UnIntantional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fall to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsfbiflty law, the insurance business at the Inception data of this provided by the policy for 'bodily injur r' Coverage Part, we shall not deny any liability and 'property damage" mobility will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. other Insurance. insurance rertuired by that law. b. With respect to "mobile equipment' to If other vaNd and collectible Insurance is which this insurance applies, we will aviRable for a loss we cover under this provide any liability, uninsured motorists, Coverage Part, our obligations are limited as underinstred motorists, no-fault or other follows: coverage required by any molar vehicle a. Primary Insurance law. We will provide the required Imits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organlzatlon has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as apparty or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This Insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of Its terms have been fully compiled (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment sirnilar coverage for'yotr work": against an insured; but we will not be liable for (Z) promises Battled To You damages lust are not payable urtderthe terms of That is firs lightning or explosion We insurance or that are in excess of the insurance for premises rented to you applicable remit of Insurance. An agreed or temporarily occupied by you with B�ant means a settlement and release of permission of the owner, liability signed by us, the Insured and the claimant or the ctaimenre legal representative_ 131 Tenant Liability 3. Sappration Of Insureds That is insurance purchased by you to Except with respect to the Limits of insurance, cover your liability asa tenant for and any rights or duties specifically assigned "property damage' to premises rented In this policy to the first Named Insured, this to you at temporarily occupied by you insurance apples: with permission ofthe.owner, a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the mainlanance b. Separately to each insured against whom ar use of auerali, 'autos" or watercraft to a claim is made or "suit" is brought. the extent not: shbct to Exclusion g. of 6. Representations Section A. —Coverages. a(5) Property Damage To Borrowed . When You Accept This Policy Equipment or Use Of Elevators By accepting this policy, you agree: it the loss arises out of *property (1) The statements in the Declarations damage" to borrowed equipmet or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representadons you made to us; and Coverages. Page 16 of 24 Form 53 00 00 04 05 # 5/18/2007 15:06 Van Gilder Insurance Corp. Erica Contreraz-*Christine 6/6 (6) When You Are Added As An Add Monal Insured To Other Insurance That Is other insurance available to you covering liability for damages arising out of the promises or operations, or products and completed operations, for which you have been added as an additional Insured by that Insurance; or M When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional Insured. However, the following provisions apply to otter insurance available to any person or organization who is an additional insured under this Coverage Part (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contact, written agreement or permit that this Insurance be primary: If other Insurance is also primary, we will share with all that other insurance by the method described In 0. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written .agreement or permit that this insurance is primary and non-contributory with the additional insured's own Insurance, this insurance is primary and we will not seek contrbution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Pad to defend the insured against any "suit" If any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form 55 00 08 04 05 BUSINESS UARJUTY COVERAGE FORM When this Insuranoe is excess over other insurance, we will pay only our share of the amount of the low, if any, that exceeds the sum of: (1) The total amount that ail such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We wig share the remaining loss, if any, with any other insurance that is not described In this Excess Insurance provision and was Yuri bought speelAeally to apply In excess of the Limits of Insurance shown in the Dedaratbns of this Coverage Part c. Method Of Sharing If all the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid Its applicable limit of insurance or rime of the loss remains, whichever comes first. If any of Ina other Insurance does not permit contributon by equal shares, we will contribute by limits. Under this method; each insurer's share Is based on the ralo of Its applicable limit of insurance to the Mal applicable limits of insurance of all insurers. " B. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made. under this Coverage Part, those rights are transferred to us, The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, Including Supplementary Payments, we have made under .this Coverage part, we also waive that right, provided the insured waived their rights of recovery against such person or organization In a contract, agreement or permit that was executed prior to the hVury or damage, Page 17 of 24 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. 5. 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 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. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit "C" attached hereto consisting of one (1) page and incorporated herein by this reference, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Ninety Nine Thousand Four Hundred Seventeen Dollars ($99,417). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. Standard Professional Services Agreement- rev08/22/06 2 7. 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. 8. 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. 9. 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. 10. 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 hereunderfor the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. 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. 12. 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 Standard Professional Services Agreement- rev08/22/06 3 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. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either parry should fail or refuse to perform according to the terms of this agreement, such parry may be declared in default. 14. 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 parry's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. 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 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: Standard Professional Services Agreement- rev08/22/06 4 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: 1. 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. F. Contractor 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. 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 Standard Professional Services Agreement- rev08/22/06 5 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. THE CITY OF FORT COLLINS, COLORADO By: p jb / o- a es B. O'Neill II, CPPO, FNIGP DirectorW Purchasing & Risk Management DATE: �.2 2 0 7 Inter By: Title CORPORATE PRESIDENT OR VICE PRESIDENT Date E t Lav� Corporate Secretary • �!i �0� aaUllei:.Llgri. v 6 O ti (Corporate Seal) A, = •C�4V0000•a' ��. / . J;Ia64;ka1ats+t`� Standard Professional Services Agreement- rev08/22/06 March 20, 2007 Mr. Matt Baker City of Fort Collins 281 North College Avenue PO Box 580 Fort Collins, Colorado 80522-0580 EXHIBIT "A" SCOPE OF WORK INTERWEST C O N S U L T I N G G R O U P RE: Horsetooth Road and Ziegler Road'Roundabout Project Proposal for Professional Services Dear Matt: Interwest Consulting Group is please to provide the attached Scope and Fee for the Horsetooth- Ziegler Roundabout Project. Project Location and General Description The project will be located at the existing Horsetooth and Ziegler intersection in southeast Fort Collins. A multi -lane roundabout will replace the existing intersection. The legs of the roundabout will tie to the existing streets to the north, east, and west. The plans will include full widening plans for the south leg of the intersection to Charlie Lane (approximately '/< mile to the south). Eric Bracke will be the lead designer of the roundabout geometrics with Interwest drawing the roundabout into AutoCAD and preparing the construction plans. Schedule The early portions of the project schedule are aggressive. The City needs to commence right-of-way acquisition by mid -May in order to start construction in the late summer of 2007. The first priority will be to establish the horizontal layout of the project so that legal descriptions can be prepared for the land acquisition. While the right-of-way is being acquired, Interwest will continue with 50% and 90% plans for the project. Scope of Work: Survey Base Map Preparation A Topographic Design Survey of the project area will be prepared by King Surveyors, Inc. The survey will be on City of Fort Collins Datum and Colorado State Plane Coordinates. Utility Locates will be ordered and any painted utility markings will be surveyed. The survey will also include the preparation of a right-of-way map based on public records. The City will need to provide current Title Work including Schedule B Exceptions for the adjacent parcels. It is assumed that there are seven (7) parcels that will be affected by the project. The City will also obtain a "License to Enter" the adjacent properties prior to the commencement of the fieldwork. Fee: $6,222 Standard Professional Services Agreement- rev08/22/06 7 Pothole Survey The City will provide potholes of existing utilities at critical locations after the horizontal layout is established. King Surveyors will survey the pothole locations and add those to the base map. The fee estimate below assumes approximately 100 potholes and four (4) trips to the project site. Fee: $1,920 Legal Descriptions and Exhibits King Surveyors will prepare legal descriptions and exhibits for right-of-way, utility easements, and construction easements on the affected parcels. The fee below assumes that there will be three (3) descriptions for each of the seven (7) affected properties. Fee: $5,250 Transportation Engineering Interwest will provide Transportation Engineering services for this project in support of the Project Management and Geometric Design provided by the City. Below are the general sub -tasks to be performed and the anticipated fee associated with each task: Conceptual Design 1. Prior to receiving the topographic survey, Interwest and the City will work with information prepared by Stantec for an initial layout of the project. Once the new survey is received, it will be incorporated into the design. Interwest will work closely with Eric Bracke to finalize the horizontal layout of the roundabout so that right-of-way exhibits can be prepared. Eric will provide all of the necessary modeling and analysis, Interwest will focus on the impacts of the various layout possibilities as they relate to right-of-way, existing and proposed utilities, constructability, and construction costs. 2. Research existing utilities and drainage requirements in the area. 3. Attend meetings with City staff, Utility companies, and affected property owners as necessary. Fee: $16,660 Preliminary Design (50% Plans) 1. Prepare 50% level plans for the final roundabout location and transitions. The plans will include removal plans, utility plans, street plan and profiles, grading plans, signing and striping plans, concrete jointing plans, grading plans, and typical sections. 2. Review and reduce pothole data looking for conflicts and necessary modifications. 3. Prepare a Preliminary Drainage Study for review. 4. Attend meetings with City staff, Utility companies, the 50% review meeting, and affected property owners as necessary. Fee: $31,360 Standard Professional Services Agreement- rev08/22/06 8 Final Design (90% Plans and Molars) 1. Prepare final plans, profiles and details for approval, bidding and construction. 2. Prepare the Final Drainage Study and calculations for the storm drainage improvements. 3. Respond to contractor questions during bidding and attend the Pre -Bid Meeting. 4. Attend meetings with City staff, Utility companies, the 90% review meeting, and affected property owners as necessary. Fee: $20,580 Construction Cost Estimates, Specifications, and Contract Documents White Pine Consulting is prepared to provide the following services for the project. At this time, it is not known if the City will need this additional support. Any of the following items can be prepared as a whole or in parts as requested by the City. Preliminary Design (50% Plans) 1. Prepare a construction estimate based off of the 50% design for initial budgetary purposes. 2. Review all pertinent information regarding construction issues for the project. 3. Provide constructability, and value engineering review. 4. Coordinate with impacted utility companies to guarantee they do not negatively impact the construction schedule or create constructability concerns. 5. Meet with the City to review the information compiled. Fee: $2,975 Final Design (90% Plans) 1. Prepare a detailed construction estimate based off of the 90% design (budget for project appropriations sent to City Council). 2. Quality control review for utility issues and/or other project concerns. 3. Meet with the City of Fort Collins Traffic Operations Department to discuss construction phasing and traffic control. . 4. Producing an accurate project schedule by means of Microsoft Project. 5. Preparing the construction specifications. 6. Meet with the City to review the information compiled. Fee: $8,415 Final Design and Bidding (100% Plans) 1. Prepare a detailed construction estimate based off of the final signed construction drawings (for bid quantities and final budget numbers). 2. Address redline comments on the construction specifications and add information that may have changed from the original specifications. 3. Meet with the Purchasing Department for bid arrangement. 4. Meet with the City of Fort Collins to go over the final bid documents. 5. Prepare the pre -bid documents. 6. Attend and host the pre -bid meeting. Standard Professional Services Agreement- rev08/22/06