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455706 STOLFUS & ASSOCIATES INC - CONTRACT - RFP - P1159 NORTH COLLEGE CORRIDOR IMPROVEMENTS PHASE II
PROFESSIONAL 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 Stolfus and Associates, Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eleven (11) 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 within five (5) days of execution of agreement, and shall continue in full force and effect until December 31, 2011, 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: Standard Professional Services Agreement- rev07/09 1 Alpine, Pinon/Realigned Vine Drive, Hemlock, Conifer, and Hickory. Concrete jointing plans will be prepared for proposed concrete pavement. A cost feasibility analysis will be completed for the addition of an asphalt overlay within the proposed project limits. The consultant will also investigate the use of a reflective cracking interlayer for the project to be bid as an add alternative. For the purposes of budgeting, we have assumed that concrete jointing plans will be required for the reconstructed outside through lane, auxiliary lanes, and bike lanes. The design of an interim improvement at the Conifer Street and Hickory Street intersections is included in this scope of work. The interim improvement will include the following items: • Minor widening north of Hickory Street to accommodate side -by -side lefts • Mill and overlay of the intersection • Raised median between the intersections • Restriping • Signal upgrades including upgrading signal heads, resetting 2 signal poles , and replacing 2 signal poles Construction Phasing & Traffic Control Stolfus & Associates will update the phasing scheme (maximum of three phases) based on FIR comments and any comments from the City's Traffic Department during the development of the traffic control plans. Stolfus & Associates will also develop a Traffic Control (General) specification. The City's Traffic Department (Syl Mlreles) will develop construction traffic control plans for the project at I IX17. These will not be included in the planset but will be available as "information only" to prospective bidders during the bidding phase of the project. City Traffic will also provide traffic control quantities to Stolfus & Associates to be included in a tabulation and summary of approximate quantities. It is anticipated that devices will be bid lump sum and other items including flagging, traffic control supervisor, and VMS boards, will be bid individually. Task 3 — Structure Design PBS&J will advance the design of the two pedestrian structures over the Lake Canal, one located on either side of North College, to final engineering level. The structures will be of the same type. The bridge superstructure will be a manufactured designed and supplied item. PBS&J will provide a general layout of the bridge superstructure, along with a standard CDOT performance specification. The bridge substructure will be fully designed and detailed. PBS&J will investigate the cost and maintenance implications of using ironwood or another type of decking on the two structures and make a recommendation to the City. PBS&J will coordinate with Design Workshop on the design of the architectural treatments for the two bridges (the architectural treatments will be the same for both structures.) PBS&J will prepare details for replacing the bridge rails on the North College Avenue bridge over the Lake Canal, as necessary. PBS&J will also provide a structural detail for the modification of the display pad at Western Engine. The existing concrete staircase will be removed and a vertical face will be placed on the pad adjacent to the sidewalk. Deliverables: Structural Plans Task 4 — Drainage/Floodplain/Water Quality/Utilities This scope assumes the preliminary storm sewer alignment will be modified slightly per the City comments during the preliminary submittal. The storm sewer will begin at Hickory and College and travel south, in College Avenue, to a water quality pond. The water quality pond will be located south of Lake Canal on the west side of North College Avenue. In order for the storm sewer to cross under the Lake Canal a siphon will be required. If significant changes are requested from the preliminary design, including an alternative design approach to the siphon then the scope may need to be revisited. Hydrologic Analysis The preliminary ModSWMM model will be modified to address City comments during the preliminary design phase. The hydrologic analysis shall include the 10-, and 100-year storm events. Ayres will provide the final models created to the City for review. Hydraulic Analysis. Ayres shall adjust the preliminary EPA SWMM 5.0.018 model for the final storm sewer hydraulics for the 10-year and 100-year flow events. The preliminary UDINLET design shall be modified for the final design. Storm Sewer Design. Based on the results of the final EPA SWMM 5.0.018 modeling, the final storm sewer will be designed. The storm sewer will be adjusted according to City comments from the preliminary design. This task accounts for the time required to finalize the profile of the storm sewer. The preliminary FIR comments will be addressed with the FOR submittal. Ayres will provide written responses to all FOR comments received from the City. This scope assumes one round of comments to be addressed from the FOR. Water Quality Pond Design. Ayres will finalize the preliminary grading of the water quality pond design and finalize the outlet structure calculations and design. This scope assumes that the proposed water quality pond will be located south of Lake Canal on the west side of North College Avenue. Minor adjustments may be required due to coordination with the pedestrian trail as well as from additional pothole data. The Final Design grading plan for the water quality pond will be updated with spot elevations. The intent of the design within the 1-foot and 1/2-foot floodways is to obtain a "no -rise" certification for the proposed improvements during final design. The conditional "no -rise" certification from preliminary engineering will be updated and finalized to incorporate any changes identified during final design. Calculations and design details will be updated, planting materials will be reviewed, and "floatable" items will be identified for anchoring. A no -rise certification will be included in the drainage report. This scope of work does not include preparation of a CLOMR/LOMR. A perimeter drain for high groundwater is not anticipated and is not included in this scope of work. Final Drainage, Erosion Control and Floodplain Report Ayres will prepare a single Final Drainage, Erosion Control and Floodplain Report including: written text, hydrologic and hydraulic analyses, relevant design calculations, documentation of key design decisions, and 11" x 17" scalable 1/2 size set of design construction drawings. It is assumed that a CLOMR will not be required and all floodplain related issues will be addressed in the drainage report. The conditional No -Rise Certification prepared in preliminary design will be updated and added to the drainage report. A SWMP Report is not included in this scope of work. The preliminary FIR comments will be addressed and the two copies of the Final Drainage, Erosion Control and Floodplain Report will be submitted for review. The City will review the submittal and provide review comments. Ayres will provide written responses to all FOR comments received from the City. This scope only assumes one round of comments to be addressed from the FOR. 4 Utility Coordination Ayres will continue to coordinate with the utility agencies that will be affected by the project. Continued coordination with the utility companies will be completed to discuss project elements and conflicts and address any concerns that may arise. Design for waterline and sanitary sewer relocations are included in this scope of work. Final plans will be sent to each utility company for review. A location map highlighting additional utility locates will be developed for a second round of potholing to be completed during the final engineering phase. Pedestrian Bridge analysis Ayres will finalize the evaluation of the size of the pedestrian structures over the Lake Canal and scour potential at the structures to provide recommendations for the structure design. In addition, Ayres (in conjunction with PBS&J) will continue coordinating with the Lake Canal Company on design of the pedestrian structures and the siphon required for the storm sewer system. This scope assumes that the preliminary bridge design may be modified slightly. This scope does not include the design of a completely different structure. Irrigation Taps Ayres will finalize the preliminary design of the proposed irrigation taps. This scope assumes minor changes to the preliminary design. Deliverables: Two (2) copies of the Final Drainage, Erosion Control and Floodplain Report Signed and Stamped by a Colorado PE Construction Document Plans and Specifications to be incorporated into FOR plans and specifications as described in Task 6 and 7 Opinion of probable cost to be incorporated into the project opinion of probable cost as described in Task 8 Task 5 — Landscape/Streetscape Design The general objective for this phase of the work is to prepare final documentation drawings for the streetscape between Vine Drive and Conifer Street. Based on the Client approved Design Development Plan and Design Development level opinion of probable construction cost, Design Workshop will prepare Construction Documents. The specific tasks to be completed are as follows: Prepare working drawings and specifications to reasonably conform to applicable codes and regulations of governmental bodies having jurisdiction over the work at the time the work is prepared. a. Construction Documentation Removal Plans Coordinate with Stolfus & Associates on removal plans. A single removal plan will be developed, if space allows, by Stolfus & Associates. . b. Construction Documentation Tree Protection Plan Evolving from Design Development, Design Workshop will prepare a tree protection plan illustrating existing trees and other plant materials to be protected, relocated, mitigated, or removed during construction. c. Construction Documentation Soils Plan Design Workshop will prepare construction documentation Soil Plans that indicate different soils including structural planting soil mix, planting soil, amended soil, and mulch. The Soils Plan may be incorporated into the Landscape Planting Plan, if space allows. d. Construction Documentation Layout and Dimensioning Plan Evolving from Design Development, Design Workshop will prepare construction documentation Layout Plans with critical dimensions of all applicable site elements designed by Design Workshop (from station points set by the engineer). e. Construction Documentation Grading and Drainage Plan Coordinate with Stolfus & Associates on site grading and drainage for landscape -61 h areas. Construction Documentation Site Materials and Amenities Plan Evolving from Design Development, the Site Materials Plan document will consist of an overall master plan indicating significant specific site development features and identifying paving materials. Additional Site Materials Plan drawings will depict detailed paving patterns, furnishings, keys to specific construction documents details such as benches, seat walls, sandblasted street names, bicycle racks, pedestrian bridges, bus pads, corner monuments, and a gateway structure. In addition, the plans will address the site interface with project utility structures such as transformers. Site furnishings will be tabulated. Construction Documentation Landscape Planting Plan Evolving from Design Development, Design Workshop will create an overall Site Tree Planting Plan and a Site Shrub and Perennial Planting Plan (including grasses) indicating the location and type of proposed plant material. A final Plant Schedule will be developed for the defined project limits indicating size and spacing of all proposed plant materials. Detail plans will be generated depicting tree, shrub, perennial, annual, vine, and groundcover species. In addition, planting details for installation will be included in the Construction Details. Site Irrigation and Sleeving Plan Evolving from Design Development, this document will consist of an Overall Irrigation drawing and supplemental detail drawings indicating the size and location of pipe and irrigation heads, valves and controllers. Sleeving locations will also be shown. The water source will be shown on the engineering documents as coordinated with Ayres and Associates. The scope for irrigation design does not include design for supply lines bringing water to the site or off -site improvements beyond adjacent public streets. The scope will be from the backflow preventor at the water source through the entire irrigation components of the streetscape developed. Ayres Associates will size the irrigation tap. Site Pedestrian Lighting Plan Evolving from Design Development, Design Workshop and Ackerman Engineering will coordinate with the City of Fort Collins project team and the Light and Power Department to prepare a site pedestrian lighting plan that includes location and fixtures for all site pedestrian lighting. Design Workshop will consult with Ackerman Engineering to insure that light fixtures, locations, and electrical routing are coordinated with electrical plans, applicable standards, and available materials and fixtures endorsed by the City of Fort Collins. Ackerman Engineering will be responsible for lighting layout plans, electrical service one -line diagrams and details, and electrical service coordination for pedestrian light improvements mentioned above. The City has selected the GE StreetDreams light fixture. The City will be responsible for selecting the pole and any banner attachment associated with the pole. Spacing will be based on aesthetics and will not be required to meet lighting distribution standards. Construction Details Design Workshop will be responsible for coordinating and depicting all site details associated with the design work listed above. The following site improvement details elements are anticipated: ❑ Sidewalks (color and scoring patterns) ❑ Crosswalks ❑ Bike Lane Treatments 0 ❑ Transit Stops (to be coordinated with Transfort) ❑ Architectural Treatments for Pedestrian Bridges ❑ Landscape Walls (if applicable) and ramps ❑ Site pedestrian lighting (including fixtures, mounting, poles) (to be coordinated with Light and Power) ❑ Site furnishing attachments (to be coordinated with Parks) ❑ Seating walls at corners ❑ Planting areas ❑ Special paving ❑ Project gateway structure ❑ Public art (coordination only — Art in Public Places will be responsible for design) ❑ Irrigation k. Technical Specifications Design Workshop will provide technical specifications suitable for inclusion in an overall project manual (to be put together by Stolfus& Associates). The manual will include specifications for all components of the project designed by Design Workshop and our subconsultants. Boiler plate specifications including General Conditions, Special Requirements and Bidding Documents are not included in this scope. I. Code Review Design Workshop will provide an overall code review of exterior programming that we are responsible for designing and engineering. 2. Review materials and technical systems with potential fabricators and contractors to ensure that specifications are consistent with systems. 3. Conduct internal Construction Document Quality Control Reviews for aesthetic and technical content, and revise plans per reviews. 4. Details and reference sections of the above -described landscape materials with. information required for construction, installation, and finishing of landscape components of the project. Deliverables: Construction Document Plans and Specifications to be incorporated into FOR plans and specifications as described in Task 6 and 7 Opinion of probable cost to be incorporated into the project opinion of probable cost as described in Task 8 Task 6 — FOR Plans 90% level FOR Plans will be prepared, compiled, and submitted to the City and CDOT for review. Revisions per comments from the preliminary engineering FIR meeting will be incorporated into the plans. The plan set will include the following sheets, as appropriate: • Title Sheet • Standard Plans List • Typical Sections • General Notes • Summary of Approximate Quantities • Tabulations (Earthwork, removals, roadway items, surfacing items, drainage and erosion control items, utility items, landscaping items, streetscaping items, traffic items, traffic control items, structural items, etc.) • Removal Plans • Plan Sheets • Profile Sheets • Concrete Jointing Plans • Survey Control Diagram • Survey Tabulation • Ownership Map • Intersection Layouts (7 intersections) • Engineering Geology • Ped Structure General Layouts • Ped Structure Cross Sections • Construction Phasing Plans (3 phases assumed) • Construction Traffic Control Plans (provided by City of Fort Collins) • Signing & Striping Plan • Traffic Volumes/LOS • Drainage Plans • Drainage Profiles • Storm Sewer Details • Grading Plans • Water Quality Pond Grading Plan • Erosion Control Plan • Erosion Control Details • SWMP Plan • Utility Plans (waterline and sanitary sewer relocation) • Traffic Signal Plans (2 intersections — Conifer and Hickory) • Tree Protection Plan (1"=10' scale) , • Streetscape/Landscape Layout and Dimension Plan (1"=10' scale) • Site Materials and Amenities Plan (1"=10' scale) • Landscape Planting Plan (1"=10' scale) • Soils Plan (1"=10' scale) • Irrigation and Sleeving Plan (1"=10' scale) • Site Pedestrian Lighting Plan (pedestrian lights) (1"=10' scale) • Street Lighting Plan (provided by City of Fort Collins and drafted by Ayres) • Roadway Cross -sections • ROW Plans (under separate cover) Plan sheets will be combined, as space allows, to reduce the number of sheets. Deliverables: One (1)) full size FOR plan sets (black and white, 22X34, bond paper) (to scale) Twenty (20) half size FOR plan sets (black and white, 11X17)(to scale) One (1) .pdf file of the FOR plan set Task 7 — Project Specifications Project specifications for all disciplines will be reviewed and updated. Specifications will be prepared in CDOT format and will supplement CDOT's Standard Specifications and Standard Revisions. Preparation of a project boiler plate is not included and will be provided by the City. Deliverables: Twenty (20) FOR project specification books (black and white, 8.5X11, double - sided format) One (1) electronic copy of FOR project specifications Task 8 — Quantities and Opinion of Probable Costs Project quantities will be calculated. Item descriptions and units will follow CDOT format. Quantities will be tabulated and summarized in a summary of approximate quantities in the FOR plan set. Based upon these quantities, the engineer's opinion of probable construction cost for the proposed improvements will be updated. City and CDOT historical data will be used to evaluate unit costs. Unit costs will be based on bid prices from projects of similar scope with similar locations and professional judgment. The opinion of probable cost is not intended to be 91 used as a guaranteed maximum price. Costs will include construction costs only. The City will provide estimates for right-of-way acquisition and project administration costs for the development of an overall construction cost. Deliverables: Opinion of Probable Cost Task 9 - QA/QC Stolfus & Associates, Inc. will perform a Quality Assurance/Quality Control (QA/QC) review of project submittals for conformity with project requirements and guidelines. Submittals will be reviewed for conformity with City and CDOT Standards and overall completeness and accuracy Task 10 — FOR Meeting Stolfus & Associates, Inc. will attend a final FOR design review meeting with City and CDOT staff to discuss comments on the FOR plan submittal. Meeting minutes and responses to comments will be prepared. Deliverables: Meeting minutes Comment responses Task 11 — Post FOR Revisions and Construction Documents Stolfus & Associates, Inc. will incorporate revisions identified at the FOR into the plans and specifications and produce a set of biddable Construction Documents. These construction documents will not include contracts between the Owner and the Contractor but will be limited to documents needed for construction of the project. Deliverables: Three (3) full size Construction Plans (black and white, 22X34, bond paper) stamped by a Colorado Professsional Engineer Ten (10) half size Construction Plans (black and white, 11X17) stamped by a Colorado Professional Engineer One (1) .pdf file of the Construction Plans stamped by a Colorado Professional Engineer Ten (10) Construction Specifications (black and white, 8.5X11, double -sided format) CADD files One(1) Opinion of Probable Cost Task 12 — Stakeholder Involvement Public Open House Stolfus & Associates, Inc. will conduct one (1) Public Open House near the beginning of construction. The purpose of the meeting is to inform the public, elected officials, and business community, including the NFCBA, of the upcoming construction elements, phasing, and schedule. Stolfus & Associates, Inc will prepare exhibits (8-10 large format display boards mounted on foam core), a "frequently asked questions" (FAQ) hand-out, comment sheets, sign -in sheets, and staff name tags. We will also tabulate or summarize written comments and distribute the summary to City Staff. No workshop style, formal public meeting presentations, or one-on-one meetings are included in this scope of work. Stolfus & Associates, Inc. is the only consultant that will attend the Open House. Presentation support Stolfus & Associates, Inc. will provide limited support to City Staff for preparation of presentations or packet materials. Support may include preparation of graphical depictions of project elements or technical data that may be included in a presentation prepared by City Staff. For budgeting purposes, we have assumed preparation of ten (10) graphics over the course of final engineering. The following items will be completed by City Staff. • Primary point of contact for the public. All project materials distributed will identify the City's project manager as the primary point of contact and questions/comments received from the public will be directed to the City's project manager. • Project progress reports for the website. • Open House publicity including preparation and distribution of invitations, public notice and press releases, and compilation of project contact list. • Obtaining space to conduct the Open House. • Providing refreshments at the Open House. • Open House follow-up including preparation of meeting summary for City Council/Staff and formal responses to public comments/questions • Website management. The City will manage and update the project website, as needed. • City Council Meetings & Work Sessions including preparation of packet and presentation materials and attendance at meetings • Transportation Board Meetings including preparation of packet and presentation materials and attendance at meetings • Day-to-day contact with property owners • Conduct one-on-one meetings with property owners • NFCBA coordination including day-to-day communication about project progress and updates to the NFCBA at their regularly scheduled meetings. Preparation of presentation materials for NFCBA meetings will be completed by the City. Deliverables: Public Open House exhibits & materials FAQ handout Comment sheets Sign -in sheets Staff name tags Open House comment tabulation/summary 10 graphics for presentations Task 13 — Bidding Assistance Stolfus & Associates, Inc. will assist the City with the bidding process. The City will be responsible for advertising the project and distributing the Construction Documents. Stolfus & Associates will attend a pre -bid meeting with City Staff to answer questions from prospective bidders. Stolfus & Associates will also be available to respond to questions and to assist the City with preparation of up to two (2) minor addendum during the bidding process. All questions must be directed to Stolfus & Associates, Inc. in writing a minimum of one week prior to the date of bid opening. Responses and/or addendum will be sent to the City in writing for distribution to all prospective bidders. Stolfus & Associates, Inc. will not attend the bid opening or review the bids. Deliverables: Written responses to questions, as necessary Two (2) minor addendum, as necessary Task 14 — As -Built Plan Drafting The Stolfus Team will provide drafting for as -constructed plans after completion of the project. The Contractor and the City's construction manager/inspector shall maintain a dynamic full sized set of plans that documents changes associated with construction activities. The City will as -built survey elements of the construction as they deem them to be significant deviations from the original design. This set will become the basis for production of the record drawings. The Stolfus Team will incorporate the comments into the original CADD drawings and prepare a full size set for the City's record. Deliverables: One (1) full size Record Plan Set (black and white, 22X34, bond paper) 10 EXHIBIT B WORK SCHEDULE 11) Task Name Start Finish 1 11,11 A t5i M T I F 1 5 1 m W i T I F 1 5 1 1 W I I F I Final Engineering 218days?1 Mon VMQ WedlMll Grim O Corr i 0 ID4 Project Ma� ri� 46 days Thu-4046 -Thu &MORG 7ff- TAC r4p —I-Clry Thu df8110Thu4_181J0 0 Thu/to �T� Meetings 26 dap Thu5MQ Thu G1141110 Core Team Mee" I 1 day Thu 5010 Thu SwIla Thu —ThiY5127111] 110 _C&WTemnMeking3 I Thu IGR-0 —Th-U-91-(Vic Design _Md—ays? MDn729M0 Th.MMG Road-tv 80 days? Mon 3rMl0 Fri 61181110 Dra-agdFloodplatrM— Quality & Utilities 60 days? MDnYMQ Fri 618110 115 potimling 5 dap? Man 4112110 _WnWiO Fri 4/lfiflG _Fnfirig;M lid 35-dijis rho Plans _6012-wi _I�VWTO —Fam-no Lindscapeffilreetscape Design 60 days? Mon Y25MO Fri 6FI8110 Man Design OD darysI I Mon 3MI10 Fri &1811( Pedestnan Lighting 45 ? —Maxi-M9110 F-nWr19f( Spec6cabons 25 days? &W —5117110 —Fri &I&I( 123 FOR SW&ft_ar_ M —FOR Meeting _T917NUO —Thu 7TEM wed irmi 1 --W-e7i—Z2w i Enwonmental Investigations 92 I fiz-Offfie —Fri 4601U0 —82-cliTs _710117TV0 __F-n 4WR 75 days? Fri lIGHO ThuMMIG 52 days? Fri 1.010 Mm3TMlb 130 ROWPR 13 3 P _T_h_u 4_rZ2T1_0 —n-w- V2YI-0 131 ROW Acquisition ��--Plats 196d3ys Lion 5MIG — Mon 1131/11 Submittal 1w Moni/31/11 Mon V31111 Plans to Reproduction I day? Fri 2f4JI I Fri 2141I I _18,3;rp ....... Thu.)iw I --- -Th-u-3WI 16 days? Thu 3m1 i Thu mvii Project North Cdkge Schedule 3-2-09 Date: Thu 3t25fill Task Progress Surnrnary � EAffnad Tasks Deadline Sprit Milestone O Project Sunwrmy External fwfilestomO EXHIBIT C FEE SCHEDULE Schedule and Fee Stolfus and Associates, Inc. anticipate beginning work on this project immediately upon Notice to Proceed. FOR Plans will be completed in June 2010. Construction Documents will be completed in accordance with the City's plans for advertisement. Construction assistance will be provided, as requested by the City, through 2011. Stolfus & Associates will work with the City's project manager to establish a detailed schedule, as described in Task 1. Stolfus and Associates, Inc. will coordinate with the City to modify the schedule if unforeseen circumstances arise that impact the schedule. Stolfus & Associates, Inc. will provide these services on a Time and Materials basis with a "Not to Exceed" limit which we will not charge beyond without prior written approval. Project expenses will be reimbursed at cost. We have estimated that the above scope of services, excluding the add alternate could be completed for a maximum "Not to Exceed" budget of $289,907. A breakdown of the budget by task is listed below: Task 1 Project Management $ 22,025 Task 2 Roadway Design $ 36,050 Task 3 Structure Design $ 28,368 Task 4 Drainage/Floodplain/Water Quality/ Utilities $ 60,410 Task 5 Landscape/Streetscape Design with Pedestrian Lighting $ 61,300 Task 6 FOR Plans Costs included in Tasks 2-6 Task 7 Project Specifications $ 4,170 Task 8 Quantities & Opinion of Probable Cost $ 11,900 Task 9 QA/QC $ 3,440 Task 10 FOR Meeting $ 5,880 Task 11 Post FOR Revisions and Construction Documents $ 5,720 Task 12 Stakeholder Involvement $ 11,460 Task 13 Bidding Assistance $ 4,470 Task 14 As -Built Plan Drafting $ 16,272 Final Engineering Reimbursables $ 18,442 Total $289,907 - Additional services may be provided at our standard hourly rates or by amending this proposal with new tasks. Professional: City: With Copy to: Stolfus and Associates, Inc. City of Fort Collins City of Fort Collins, Purchasing Attn: Elizabeth B. Stolfus Attn: Kyle Lambrecht PO Box 580 5690 DTC Boulevard, Suite 101 W PO Box 580 Fort Collins, CO 80522 Greenwood Village, CO 80111 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 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 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. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Two Hundred Eighty Nine Thousand Nine Hundred Seven Dollars ($289,907) in accordance with the Fee Schedule attached hereto as Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. All such fees and costs shall not exceed of Two Hundred Eighty Nine Thousand Nine Hundred Seven Dollars ($289,907). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial Standard Professional Services Agreement- rev07/09 2 1\ EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. �ORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDNYYY) 3 30 2010 PRODUCER Phone: 303-837-8500 Fax: 303-831-5295 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 W nkoo Site 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y p' uALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80202 INSURERS AFFORDING COVERAGE ' I NAIC # INSURED INSURER A Stolfus & Associates, Inc. INSURERB: 5690 DTC Boulevard Suite 101W INSURERC: Greenwood Village CO 80111 INSURERD: P1P11k/C0ArCC 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. INSR DD'L TYPE OF INSURANCELIMITS POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION A GENERAL LIABILITY 34SBAPD4904 10/1/2009 10/1/2010 EACH OCCURRENCE $ 1 000 000 DAMAGE ( RENTED PREMISESS Ea occurrence) $ 1 0 0 0 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_] OCCUR MED EXP (Any one person) $ 10 0 0 0 PERSONAL & ADV INJURY $ 1 000,000 GENERAL AGGREGATE $ 2 Q 0 Q 0 0 Q GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 Q 0 Q 0 0 0 POLICY X PRO. LOC A AUTOMOBILE LIABILITY 34SBAPD4904 10/1/2009 10/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS I UMBRELLA LIABILITY 34SBAPD4904 10/1/2009 10/1/2010 EACH OCCURRENCE $ 1 000 000 _ X OCCUR CLAIMS MADE AGGREGATE $ 1 Q Q Q Q 0 0 $ DEDUCTIBLE $ X RETENTION $ 10 0 00 WORKERS COMPENSATION WC STATU- OTH- T RY LIMITS AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE F---1 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below B OTHER DPF9619533 10/1/2009 10/1/2010 Per Claim $1,000000 Professional Liability Annual Aggregate $1,000:000 Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS f required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ngoing and completed operations under General Liability; Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory basis. A Blanket Waiver of See Attached... Ia City of Fort Collins Attn: Purchasing Division 215 North Mason Street, 2nd Floor - PO Box 580 Fort Collins CO 80522 I;;ANULLLA 1 IUN 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 REPRESENTATIVES. 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. AUTHORIZED REPRESENTATIVE w ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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. ACORD 25 (2009/01) DESCRIPTIONS Continued. Subrogation applies for General Liability, Automobile Liability and Umbrella/Excess Liability. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. (Attachments) (b) Rented to, in the care, custody or control of, or over which physical 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 maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative 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 duties under this insurance. 9. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting 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 Formed Organization 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 than 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 only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY 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. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway 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 arising out of the operation of the equipment, and only if no other insurance of any kind is availabie 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 driving the equipment; or b. "Property 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. S. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating 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 arising 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. "Property 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. 6. Additional 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 r..— eennnonAnc ..___.. BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (a) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization Is an at the vendor's premises in connection with the sale of the additional Insured under this provision if such product; person or organization is Included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "txxidy injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold In the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily Injury" or (1) The exceptions contained in "property damage" Included within the Subparagraphs (d) or (f); or "p -completed operations hwd"- (It) Such inspections, a*stments, (1) The insurance afforded to the vendor tests or Dicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: OOurse of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply b any reason of the assumption of insured person or organization from liability in a contractor agreement. whom you have acquired such products, This exclusion does not apply to or any ingredient Pad or container, liability for damages that the entering into, acoornpanying or vendor would have in the absence containing such products' of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily in the product made intentionally injury", "property damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment teased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under inshx*ons from the manufacturer, and then repackaged in the original container, Paste 12 of 24 Fenn Qs nn An ne nx (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) 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 other insurance avallable to any person or organization who is an additional insured under this Coverage Part (a) Primary Insurance When Required By Conbact This insurance is primary if you have agreed in a written contract, 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 c. 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 contribution 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 Part 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. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (t) The total amount that all 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 will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations 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 none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable Nmits of insurance of all insurers. 8. 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 injury or damage. Form SS 00 08 04 05 azwsa 47 —41 -AA M W co 0 0 0 to a a M 0 0 M s L I� or THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS UASILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE is amended as follows: 1. The General Aggregate Limit under Section D. LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE applies separately to each of your "projects'. 2. The limits shown in the Declarations for Uabildy and Medical Expenses, Damage To Premises Rented To You and Medical Expenses continue to apply. 3. When coverage for liability arising out of the "products -completed operations hazard' is provided, any payments for damages because of 'bodily In jury' or 'property damage' included In the 'products -completed operations hazard° will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit. 4. If the applicable 'project' has been abandoned, delayed, or abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the `project" will still be deemed to be the same'project". S. The provisions of Section D. LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. B. Additional Definitions The following definition is added to Section G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: I. 'Project' means 'your work' at locations) away from premises owned or rented to you. L'-- &%L. A• ww A/ Ar. 03/29/2010 10:02AM Pinnacol Assurance PAGE 2 OF 3 ACOR CERTIFICATE 4F LIABILITY INSURANCE TATE(0321MD0/YOY) PRODUCER PINNACOL ASSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd Denver, CO 80230-7006 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED STOLFUS & ASSOCIATES, INC. 5690 DTC BLVD SUITE 101 W INSURERA PINNACOL ASSURANCE 41190 INSURER B. INSURERO' GREENWOOD VILLAGE, CO 80111 INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW)JAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY'CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED`BY THEOOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION LTR IN9RO TYPE OFINSURANCE POLICY NUMBER DATE(MMIDO/YYYY) DATEIMIWOWYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL UABILITY CLAIMS MADE 1-1 OCCUR PREMISES MED EXP tAny one person) PERSONAL&ADVIN.URY GENERAL AGGREGATE OENL AGGREGATE LIMIT APPUERS PER: PRODUCTS- COMPIOP AGO POLICY PROTECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO IE a Accitlent) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS IP er person) BODILY INJURY HIRED AUTOS NC*CW NEO AUTOS (P er a[[Itlen[I PROPERTY DAMAGE (Peraccltlent) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT OTHER THAN EAACC ANYAUTO AUTO ONLY: AO ESCESSIUMBRELLA LIABILITY EACH OCCURRENCE AGGREGATE OCCUR CLAIM---- OEOUCTIBLE RETENTION 3 WORKERS CONPENSATIONANO WCSTATU- OTHER A EMPLOYER'S LIABILITY ANY PROPRIETO"ARTNERIEXECUTIVE 4075058 11/01/2009 11/01/2010 TORV LIMITS E.LEACHACCIDENT $1,000,000 OFFlCER/MEMBER EXCLUDED? E.LOISEASE - EA EMPLOYEE $1,000,000 It yes, please tlescnbe underSPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT 11,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1224775 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE John Stephen City of Fort Collins THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T 215 North Mason St 2nd Floor MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Fort Collins CO 80522 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE Arnold Dowd ACORD 25(2001108) Underwriter ACORD CORPORATION 1988 03/29/2010 10:02AM Pinnacol Assurance PAGE 3 OF 3 CERTIFICATE HOLDER COPY John Stephen City of Fort Collins 215 North Mason St 2nd Floor Fort Collins CO 80522 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. 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 actual reimbursable expenses. The parties acknowledge that Ayres Associates, PBS&J, Design Workshop, and Ackerman Agency 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 -amounts 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. 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. 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 City in an 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 Standard Professional Services Agreement- rev07/09 3 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. 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 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 party should fail or refuse to perform according to the terms of this agreement, such party 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 party'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, Standard Professional Services Agreement- rev07/09 4 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. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will) participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the; "e-Verify Program") or the Department Program (the "Department Program"); an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed.' d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an i Standard Professional Services Agreement- rev07/09 5 illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev07/09 THE CITY OF FORT COLLINS, COLORADO �OF FORT By. �v y Ja es B. O'Neill II, CPPO, FNIGP SQL Directo Purchasing & Risk. Management •cOLORP00 DATE: l ATTEST: .1 City Clerk A�PP T FORM: At-:P----- As st nt City Arney Stolfus and Associate Title: _fl t' � tp',� CORPORATE PRESIDENT OR VICE PRESIDENT Date: LZ k,11 O ATTEST: zd Corporao Secretary Standard Professional Services Agreement- rev07/09 7 (Corporate Seal) t rt u -� >. �. EXHIBIT A North College Improvements Project: Phase II Vine Drive to the Hickory/Conifer Intersections Preliminary Engineering Scope of Work Based on work completed during Preliminary Design and discussions with City Staff, Stolfus & Associates, Inc. is pleased to present the following Scope of Services for Final Engineering of North College Improvements Project: Phase II. Final Engineering will be completed for improvements proposed in the FIR Plans between Vine Drive and the north edge of Conifer Street. Interim improvements at the Hickory/Conifer intersection including the raised median between the intersections is also included. The southbound right -turn lane and bike lane at Hickory Street is not included. The following items are excluded: • Raised Medians (except at Hickory/Conifer Intersection) • "Alley" Connections • Local Street improvements including on -street parking • Realignment of Conifer Street • Realigned Vine Drive beyond the intersection with North College • Curb and gutter, landscaping, bicycle lanes, and pedestrian improvements north of Conifer Street on the east side and north of Hickory on the west side • Plans for new traffic signals at Hickory Street and Conifer Street (plans for minor signal improvements and resets associated with the interim Hickory/Conifer Intersection improvement are included in this scope of work) • Construction permitting including 404 permit, excavation permit, CDPS permit, CDOT Special Use permit, utility permits Activities related to the following items will continue through Final Engineering, but do not require additional scope or fee to complete: • Survey Control Diagram • ROW Plans & ROWPR • Railroad Coordination • Environmental Investigations • Form 128 • Foundation Investigations The City will be responsible for all funding pursuits including preparation of grant applications and funding requests, preparation of supporting graphics and cost estimates, coordination with funding source representatives, and overall funding management and tracking. The City will also be responsible for developing a project maintenance plan including identifying and determining the responsible agency or department for each item, developing and coordinating any agreements with CDOT, and providing information to Stolfus & Associates for inclusion into the project specifications. Task 1 — Project Management Stolfus & Associates, Inc. will provide project administration/ management services for the duration of the project. Services will include coordination, product review, development of final engineering design schedule (available to the City) and processing of invoices. Stolfus & Associates, Inc. will be responsible for day-to-day management and coordination of the work elements with subconsultants and the City's Project Manager. Coordination of elements with City Staff, CDOT Staff, and stakeholders will be provided as defined by this scope of work. The overall project organization will consist of four tiers of communication as described on the following page. • Tier 1 — City Project Manager and Consultant Project Manager — The project managers will be the key contacts for day-to-day management of the project. E-mail and phone communication will be used for day-to-day management and coordination of the work elements. • Tier 2 - Core Team - The Core Team will include the City Project Manager from Engineering, the City Project Engineer from Engineering, the CDOT local agency engineer, and the consultant project manager. Core Team meetings will be used as working sessions to maximize team decision -making. Specific discipline representatives and consultant team members will be invited to Core Team meetings, as needed. Three (3) Core Team meetings are included. • Tier 3 — Agency Coordination - Stolfus & Associates, Inc. will facilitate coordination between the City and CDOT, including CDOT specialty departments such as environmental, traffic, survey and right-of-way, materials, and drainage. In addition, coordination with City Utility departments including (Light and Power and Stormwater), private utilities, and adjacent projects (including NEWT, NECCO, GWET, and Vine Drive Realignment) will be completed on an individual basis during final engineering. Up to five (5) meetings are included in this scope of work for agency coordination. Stolfus & Associates and Ayres Associates will continue coordination with public and private utilities. • Tier 4 — Stakeholder Involvement — A public involvement program, as described in Task 12, will be used to continue communication with the public, including elected officials, the local business community, and the general public. We have assumed that meetings will take place at the City offices and will be combined with other project activities to the extent feasible. If appropriate, meetings may be conducted via conference call. For budgeting purposes, we have assumed that three (3) conference calls will be held in addition to the meeting described above. Stolfus & Associates, Inc. will be responsible for scheduling meetings, preparing meeting exhibits, participating in the meetings, and preparing and distributing minutes to record the discussions. A kick-off meeting will be held with the TAC at the beginning of final design. Otherwise, the TAC will not meet as a group during final engineering. As stated earlier, TAC and agency representatives will be invited to Core Team meetings or Agency meetings, as needed. The City will be responsible for communication with the TAC between meetings to keep members informed of progress and upcoming project events. Deliverables: Project schedule Meeting minutes Meeting exhibits Meeting agendas (when necessary) Task 2 — Roadway Design Stolfus & Associates, Inc. will respond to comments from the City and CDOT from the FIR meeting and advance the preliminary designs between Vine Drive and the north edge of Conifer Street to a 90% level during final design. In addition, an interim Hickory/Conifer intersection design will be designed. Roadway and Intersection Design Horizontal and vertical geometry for the roadway will be confirmed. It is assumed that full reconstruction will not be included and that the center lanes will remain as is. The grading plan and model will be finalized. Modifications made to the grading plan will be reviewed against preliminary right-of-way limits and final right-of-way needs and limits of temporary construction easements will be confirmed. Intersection layouts will be finalized for Vine Drive, Woodlawn, 2