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Home My WebLink About214608 PBS&J; INTERWEST CONSULTING GROUP - CONTRACT - RFP - P1124 CIVIL ENGINEERING ANNUAL (2)PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS COLORADO a Municipal Corporation hereinafter referred to as the City" and Interwest Consulting Group hereinafter referred to as Professional and/or Service Provider 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 P1124 Civil Engineering Annual issued by the City in accordance to RFP documents and the Scope of Work attached hereto as Exhibit "B consisting of one (1) page and is incorporated herein by this reference A blank sample of a work order is attached hereto as Exhibit A consisting of one (1) page and is incorporated herein by this reference 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 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 July 15 2008 and shall continue in full force and effect until July 15 2009 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 Pricing changes shall be negotiated 1 EXHIBIT C Fee schedule 2008 ComraOt Rates - City of Fort Collins Interwest Consulting Grou Position Task Rate Position Task Rate Irm most consurtira Group VF Riotev and Associates Indor ncpal $12000 hour nncipal $16000 hour Nor Project Manager $105 00 hour Mdor 11 $12000 hour 31roIacl Manager $100 00 r hour I Et 10 00 hour nnr Prolact Engineer $92 00, hour Mariagor N $85 00 hour ropctEngneer $8700 hour MmiagerIN CoordmdorfV $8000 how Design Engmaer $75 00 hour Mainagarll Gooslmator III $75 00 how Iona l $50 00 hour Maragor I CoorMnator 11 $70 00 how esrgner II Goorc rimer I $65 00 hour + lamDesigner l $60 00 how A Structural Engineer $108 00 hour Intom It $55 00 hour Nor DraRer $85 00 hour IrKom 1 $50 00 hour dnliustratNe $4000 hour Bred Lend $88 00 hour Protect Manager $78 00 hour Principal GrvilEngineer PE $110 00 r hour Technician 1 $68 00 hour Senior Designer Engineer $85 00 hair Technician 11 $61 00 hour Irrigation DoWvr Engineer $75 0o how Technician IN $51 00 hour Survey Grew $t3400 hour ELB Enai Benno perlWrness $17600 hour TrafficEngineer $12000 hour lencal $3450 hour ATV $22 00 hour Westem States Land Aeauraiwns Supervisor Monument Burr $80 00 each $6500 how Right of Way Agent 1 $60 00 how Earth En in rim Consultants Right of Way Agent 2 $55 00 hour eNorPropct ngineer $lt000 hour Staff Assistant $3500 hen Project Engmer $95 00 � hour FacsimileTransmissions $1 00 shoot Field Itrngirear $75 00 hour ran 111 hra $6000 hourhnictan II $5000 hour ppraiser Lump Sum Fee Per Job hrrcian1 $4000 hour ing 0 to 10 w typical lab testing $400 00 bore ypIQN ing l0to25Wtypicallabtesting In $55000 bore stmmstrg Specifications PTCWV $85 0o hour uN Tmw Field Construction Mngrlt $65 00 hour MIM cpal $11500 hour Colorado gonna Comnoerw WONrneMal and Water Law Attorney $110 00 hour Aft Pothole $150 00 hole NcrErgronmortalEnglneerrSaerrtst $9600 hour Env Sawms I I Landscape Designer $75 00 hour Camps Services Historic Pwswvahon Specialist $75 00 hour Single Lap Street Closure for Borings $750 00 day Historian Archaeological Specialist $50 00 hour Other services on a per lob basis Senior GIs Spactaw $96 00 hour IS Specialist II $75 00 Four Resrdwrsablas IS Specalist 1 $50 00 hour Mileage $0 58 Mlle nWornentaf Scientist 1 1eW Technician $59 00 $48 00 , hour hour Copies (8 1n x 1 t } Pnrtst24 x 36 1 $0 20 $2 50 copy + shoot achrrcal ScIrtor $7500 hour Wlar(24'r 36? $1500 Sheet drlor Graphics Specmhst $60 00 hour uIDGAD GISTechrrcon $5000 hour Giddings Drill R $175 00 r day I 10 EXHIBIT D As per section VIII A , II , 2 , f), of your contract with CDOT the local agency shall ensure that its consultant contract complies with the requirement of 49 CFR 18 36(1) and contains the required provisions as well as the following language which shall be included verbatim 1) The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project The State is an intended third party beneficiary of this contract for that purpose 2) 'Upon advertisement of the project work for construction the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may anse during the construction of the project 3) The consultant shall review the construction contractors shop drawings for conformance with the contract documents and compliance with the provisions of the State s publication Standard Specifications for Road and Bridge Construction in connection with this work FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include A The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations Part 18 except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions The requirements of 49 CFR 18 include without limitation 1 the Local Agency/Contractor shall follow applicable procurement procedures as required by section 18 36(d) 2 the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner and to the extent required by applicable provisions of section 18 30, 3 the Local Agency/Contractor shall comply with section 18 37 concerning any subgrants 4 to expedite any CDOT approval the Local Agency/Contractor's attorney or other authorized representative shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18 30 change order procedures and with 18 36(d) procurement procedures and with 18 37 subgrant procedures as applicable 5 the Local Agency/Contractor shall incorporate the specific contract provisions described in 18 36(1) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts B Executive Order 11246 of September 24 1965 entitled Equal Employment Opportunity ' as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) C The Copeland Anti -Kickback Act (18 US C 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair) D The Davis -Bacon Act (40 U S C 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2 000 awarded by grantees and subgrantees when required by Federal grant program legislation This act requires that all laborers and mechanics employed by contractors or sub -contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor) E Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) F Standards orders or requirements issued under section 306 of the Clear Air Act (42 U S C 1857(h) section 508 of the Clean Water Act (33 U S C 1368) Executive Order 11738 and 12 Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts and subgrants of amounts in excess of $100,000) G Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L 94-163) H Office of Management and Budget Circulars A-87 A-21 or A-122 and A-102 or A-110 whichever is applicable I The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728 These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the adrmmstration of federally -assisted programs J 42 USC 6101 et sea 42 USC 2000d, 29 USC 794, and implementing regulation 45 C F R Part 80 et seq These acts require that no person shall on the grounds of race, color national origin age or handicap be excluded from participation in or be subjected to discrimination in any program or activity funded in whole or part by federal funds K The Americans with Disabilities Act (Public Law 101-336 42 USC 12101 12102 12111- t2117 12131-12134, 12141-12150, 12161-12165, 12181-12189 12201-12213 47 USC 225 and 47 USC 611 L The Uniform Relocation Assistance and Real Property Acquisition Policies Act as amended (Public Law 91-646 as amended and Public Law 100-17 101 Stat 246-256) (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract) M The Drug -Free Workplace Act (Public Law 100-690 Title V subtitle D 41 USC 701 et se N The Age Discrimination Act of 1975, 42 U S C Sections 6101 et seq and its implementing regulation, 45 C F R Part 91 Section 504 of the Rehabilitation Act of 1973 29 U S C 794 as amended and implementing regulation 45 C F R Part 84 O 23 C F R Put 172 concerning Administration of Engineering and Design Related Contracts P 23 C F R Part 633 concerning 'Required Contract Provisions for Federal -Aid Construction Contracts Q 23 C F R Put 635 concerning Construction and Maintenance Provisions R Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof APRIL 1980 13 Nondiscrimination Provisions In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973 the Contractor for itself its assignees and successors in interest agree as follows A Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49 Code of Federal Regulations, Part 21 hereinafter referred to as the Regulations ) which are herein incorporated by reference and made a part of this contract B Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the contract work will not discriminate on the ground of race color sex mental or physical handicap or national origin in the selection and retention of Subcontractors including procurement of materials and leases of equipment The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 215 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations C Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract including procurement of materials or equipment each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex mental or physical handicap or national origin D Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books records accounts other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information E Sanctions for Noncompliance In the event of the Contractors noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate including but not limited to I Withholding of payments to the Contractor under the contract until the Contractor complies and/or 2 Cancellation termination or suspension of the contract in whole or in part 14 F Incorporation of Provisions The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations orders or instructions issued pursuant thereto The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance provided however, that in the event the Contractor becomes involved in or is threatened with litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States 15 Certification for Federal -Aid Contracts The contractor certifies, by signing this contract to the best of its knowledge and belief that No Federal appropriated funds have been paid or will be paid by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal loan the entering into of any cooperative agreement and the extension, continuation, renewal amendment or modification of any Federal contract grant loan or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement the undersigned shall complete and submit Standard Form-LLL Disclosure Form to Report Lobbying in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31 U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 000 and not more than $100 000 for each such failure The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly Required by 23 CFR 635 112 16 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED DBE PARTICIPATION FOR CMS # Anticipated Location(s) Project# Sheet PROJECT SPECIFIC (PS) of CONSULTANT CONTRACTS Contract DBE Goal a/o Will Your DBE % Meet The Goal (box C)� Bills YES NO Instructions For Prime Consultant An officer of the consultant must compete and submit an original copy of this form as part of me Commendation Section of your PS contract Statement Of Interest (SOP Submit a separate CDOT Forin #1331 for each proposed DBE Attach a signed etterofACCeptanCe and copy of DBE certificate from each DBE firm Retain a photocopy for your records INOTE See 49 CFR part 26 55 and the DBE Defirotxxis and Requirements section of the contract for further information concerning counting DBE participation toward the contracts DBE goal ) NAME OF DBE SUBCONSULTANT ITEMS OF WORK TO BE PERFORMED BY DBE SUBCONSULTANT REQUIRED ATTACHMENTS ❑ Letter of Acceptance ❑ DBE certificate A) What percentage of the overall contract is this proposed subcontract supplylvendor contract OR service/broker contract? A> e/ NOTE Calculate % based on actual subcontractor dollars and not pnme contract prices Only report % amounts o that are eligible for Counting toward the contract goal See DBE DefifaPlans and Reativervents in contract B) What is the total percentage value of proposed DBE participation from prior sheets/forms? B> % C) What is the accumuiahve percentage value of the overall contract that is committed to DBEs'2 C> % C-[A + B] 1 certify that • my company has accepted a proposal from the DBE subconsukant named above • my company has notrried the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached) my company s use of the proposed DBE subconsultant for the items of work listed above is a condition of the contract award • my company will not use a substitute DBE subconsultant for the proposed DBE subconsultants failure to perform under a fully executed subcontract unless my company complies with the DBE Definitions and Requirements section of the contract • In addition if my company does not meet the intended DBE goal for this contract and is unable to document adequate good faith efforts I understand that my company will receive a poor contract performance rating from COOT which will negatively impact the sconng of our Statements Of Interest (SOI) on future COOT contracts 1 declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made on this document are true and complete to the best of my knowledge COMPANY NAME DATE COMPANY OFFICER SIGNATURE TITLE uDOT Form 1331 1+g 17 ACO CERTIFICATE OF LIABILITY INSURANCE �„ PRODUCERTHIS Van Glider Insurance Corp 700 Broadway SUN& 1000 Denier CO 8020E CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 303 837-8500 INSURERS AFFORDING COVERAGE rea/R® Intarvsest Consulting Group 1076 Lincoln Place Boulder CO 80302 wM s RER x HarNaCasually Insurance CO INSURER B Hartford Insraance Group INSURER c Hartford Accident and Indemnity Co r o XL Specialty Insurance Cornpan y NNSIIRER E 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 L TYPE OF INSURANCE aOLICYNI PDATE(MWMduc�ovWnvE EIPRAM Letts A N36MLLIAB<nY COMMERCIAL GENERAL LIABILITY ClA1N3 MADE OCCUR 34SBAPA7634 06/01108 06101/09 EACH OCCURRENCE s 000000 X FIRE DAMAGE Ww " It.) s10W000 HIED EXP (My arc Irani) 510800 PERSONAL S ADV INJURY $000 GENERAL AGGREGATE 34000 000 GENL AGGREGATE LIM ITAPPL TES PER POLICY PRO Lm PRODUCTS CowioPAGG s4000000 B AUTOwOBNP LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTos NON-OVWH AUTOS 34UECN04896 06/01/08 0610'1109 COMBINED SINGLE LINT (Ea caas) s1 000 D00 X BODILY INJURY (Parvalam) X BODILY INJURY (Peres d.1*) a X PROPERTY DAMAGE (PW -M.l f OARA� LIABILITY ANV AUTO AUTO ONLY EA ACCIDENT a OTHER THAN EA ACC AUTO ONLY AGG f s A mmessu^mum/ X OCCUR ❑ CLAW MADE DEDUCTIBLE X RETE m $18 000 34SBAPA7634 06101m 06/01/09 EACH OCCURRENCE $1000O00 AGGREGATE sl.ODO,000 a s Is C BONIERSCOMPEIM&TINAND E PLOYEt4J UABurY 341NEGKC7038 06mmll 06M109 X We srATlr TI7- E L. EACH ACCIDENT f1 000 000 ELOISEASE EAEIPLOYEE a1 000000 ELDTSEASE POLUCYLNIR $11W0000 D Professional Mldy Larms Made DPR9607455 11/14107 11114108 $2,000 000 per clean $2 000 000 annl aggr DENIIPIIONOFOFBMTNxNIDCATMNJSf EHICLEIOCCLyNONBAOBLOMHpOR888R/8PBCA LROW19K S RE P1124 Cwil Engkmering Anmual N required by wrtften contract or wrttten agreenLent, the City of Fort Collins is aiciuded as Additional Insured for ongang operations udder General Liability and Automobile Liability with respect to the above referenced (See Attached Descnptio s) City of Fort Collins Atln Mark Laken P O Box 580 Fort Collins CO 80522 I ACORD 2S-S (YIM1 of 3 #SS38793NA533981 SHOULD ANYOFTHEABOVE DESCRIBED POLICESSECANCEL ED BEFORE THE E)PRAR N DATE THEREOF THE MIMING INSURER WILL ENDEAVOR TOMAIL 30—DAYSWBTIEN NOTICETOTHE CERTIFICATE NOIDERNMIEDTOTHELE" BUTFAILURE TODOSOSHALL IMPOSE NOOBUGATION OR UABILITYOF ANYIUND UPON THE INSURERITS AGENTS OR Ag:OR= REPRE 198E A 7/18/2008 13 50 Van Gildet Insurance Corp Colette 19n1ton- City of Ft Collins 3/4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD25S(7197)2 of 3 #S538'793/M533981 by and agreed to by both parties using the Denver - Boulder CPI U as published by the Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 5 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address Professional City With Copy to INTERWEST CONSULTING City of Fort Collins Engineering City of Fort Collins GROUP Attn Mark Laken Attn Purchasing Attn Michael Oberlander P O Box 580 PO Box 580 1218 W Ash Suite C Fort Collins CO 80522 Fort Collins CO 80522 Windsor CO 80550 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 Desion. Proiect Insurance and Insurance Responsibility The Professional shall be responsible for the professional quality technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans reports, specifications, and drawings and shall without additional compensation promptly remedy and correct any errors omissions, or other deficiencies The Professional shall indemnify save and hold harmless the City its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City s costs and reasonable attorney's fees arising directly or indirectly out of the Professional s 2 # 7/18/2008 13 50 Van WIdei Insw vice Coip Colette IV,)Iton-*City of Ft Collets 4/4 DESCRIPTIONS (Continued from Page 1) 10 days notice of cancellation will be given for nonpayment of premium AMS 25 3 (07197) negligent performance of any of the services furnished under this Agreement The Professional shall maintain commercial general liability insurance in the amount of $500 00 combined single limits and errors and omissions insurance in the amount of 1,000,000 7 Compensation In consideration of services to be performed pursuant to this Agreement the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit'C consisting of one (1) 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 The parties acknowledge that the sub -contractors Smith Environmental San Engineering, Western States Land Services, Earth Engineering, ELB Engineering, VF Ripley, White Pine Consulting, Value Consultants Carnes Services King Surveyors and Hines Irrigation, Vizion Colorado Boring Company 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 "C the excess amount shall not be paid or owed by the City The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit C including subcontractor rates Monthly partial payments based upon the Professionals 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 Professionals direct reimbursable expenses Final payment shall be made following acceptance of the work by the City Upon final payment all designs plans, reports specifications drawings, and other services rendered by the Professional shall become the sole property of the City 8 City Representative The City will designate prior to commencement of work its project representative who shall make within the scope of his or her authority all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders and other clarification or instruction shall be directed to the City Representative 9 Proiect 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 10 Monthly Report Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order Work Schedule and other material information Failure to provide any required monthly report may at the option of the City, suspend the processing of any partial payment request 11 Independent Contractor The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Professionals compensation hereunder for the payment of FICA Workers Compensation, other taxes or benefits or for any other purpose 12 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 13 Acceptance Not Waiver The Citys 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 n 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 14 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 15 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 16 Bmdina 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 17 Law/Severabdity 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 18 Prohibition Aaainst Emolovina Illegal Aliens Pursuant to Section 8-17 5-101, C R S et seq Service Provider represents and agrees that a As of the date of this Agreement 1 Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement, and 5 2 Service Provider will participate in either the a 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 Service Provider shall not knowingly employ or contract wdh an illegal alien to perform work under this Agreement or knowingly enter into a contract wdh a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Service Provider is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed d If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Service Provider shall 1 Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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 wdh an illegal alien e Service Provider 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 Service Provider 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 Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider s violation of Subsection 8 17 5 102 C R S g The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach 19 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", CDOT and Federal Requirements consisting of Seven (7) pages attached hereto and incorporated herein by this reference THE CITY OF FORT COLLINS, C�O,LOR�ADD�O�TX `OF FORT O SE ��! By Az grmso B ONei II, CPPO FNIGP r of Purchasing & Risk Management '�ORADO Date a Title TE PRESIDENT OR VICE PRESIDENT Date /8 Law e ` r A ST A 410 J v (Corporate Seal) ; f Corporate Secret 7 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND INTERWEST CONSULTING GROUP DATED July 15 2008 Work Order Number Purchase Order Number Project Title Commencement Date Completion Date Maximum Fee (time and reimbursable direct costs) Project Description Scope of Services Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control Professional M Date User The attached forms consisting of _ U pages are hereby accepted and incorporated herein by this reference and Notice to Proceed is hereby given City of Fort Collins 0 James 0Neill 11 CPPO FNIGP Director of Purchasing and Risk Management (over $30 000 00) Date EXHIBIT B Scope of work On -Call Civil Enarneerina Design. Draftina and Survewna Services The Consultant will work closely with City Project Managers to design and/or draft conceptual, preliminary and final improvement plans Some project specific surveying may also be required to facilitate the design The Consultant will be responsible for producing plan documents under the direction of a City Project Manager The plan documents will consist of, but not be limited to, the following removals, plan views profile views, cross sections general notes specifications construction notes and details suitable for construction The Consultant may also assist in the roadway alignment, calculation of plan quantities, plans required for right of way acquisition and other work related to producing plan documents It is essential that the successful Consultant be familiar with the Larimer County Urban Area Street Standards (LUCASS) and CDOT requirements and procedures Additional requirements may include • Researching existing panel and right -of way boundaries, legal descriptions, easements water rights, etc • Creating displays and graphic representations of various design project elements for meetings and/or City Council hearings • Attend coordination and review meetings, public meetings, property owner meetings • Coordination with other consultants (geotechnical, bridge, etc ) When the City provides survey data, that data will be provide in an ASCII file — comma delineated format (point number northing, eastmg elevation, description) For new projects the Consultant may be required to provide design drafting and/or surveying services In such case, the Consultant will work closely with a City Project Manager to produce the best possible design and within the budget constraints associated with that project Survey data is usually collected by City crews however, there may be certain instances where the Consultant will be required to collect their own survey data because of City staff s workload The City does not require a specific design software to be used, but final drawings shall be submitted to the City in AutoCAD Our anticipated need for design and drafting work is expected to be on an as needed basis The Consultant should expect that services required for individual projects could range up to 500 hours depending on the complexity of the project(s) The City is seeking Consultants that can excel at delivering projects with complex requirements (City and CDOT Standards, Federal Funding, publicly controversial projects, etc ) Equally important is the Consultant s ability to quickly efficiently and cost effectively complete small, straightforward projects W