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HomeMy WebLinkAbout490561 CH2M HILL ENGINEERS INC - CONTRACT - RFP - 7390 CONSTRUCTION MANAGER FOR MAX BRT PROJECTAMENDMENT NO. 1 To the Professional Services Agreement for Construction Manager for MAX Project, No. 7390 This Amendment to the Professional Services Agreement for Construction Manager for MAX Project No. 7390 ("Agreement") is made and entered into by and between The City of Fort Collins, Colorado, a Municipal Corporation, hereinafter referred to as the "City" and CH2M Hill Inc. hereinafter referred to as "Professional". The City and Professional agree that as a condition of the Agreement, Professional shall provide certificates and policies of insurance in accordance with BNSF Railway Company ("Railway")'s requirements attached hereto and incorporated herein as Exhibit 1, consisting of three (3) pages. CITY OF FORT COLLIN OL ADO James B. O' eill II, CPPO, NIGP 06Director of Purchasing & Risk Management I FORT C te: �© CO :2 SEAL :N ,, • f •.......... City Clerk CH2M HI G Bill Lang, PE f_5u5in25$ `—'` Title: Vice President, Transportation Date: August 2, 2012 (Corporate Seal) G , / ^ Attest: A4 orporatp S retary Approved as For Assistant C Attorn Amendment No. 1 Page 1 of 5 EXHIBIT 1 RAILWAY INSURANCE REQUIREMENTS Professional must procure (City will reimburse by Change order) and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $ ,-boo 00Q. each occurrence and an aggregate limit of at least $10 000,000 but in no event less than the amount otherwise carried by the Professional. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage • Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Busines ,urance. This insurance shall contain a combined single limit of at least: _ :ac ence, and include coverage for, but not limited to the following: bryant property damage all jebgles owned, used or hired Th %oliCysha�lontain the following endorsements or language, which shall be indica ificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. Amendment No. 1 Page 2 of 5 ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Professional's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5 OOOOQO, per occurrence and $10000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the Professional named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Professional may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Professional agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Professional further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Professional's care, custody, or control Amendment No. 1 Page 3 of 5 Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Professional is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Professional in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Professional's insurance will be covered as if Professional elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Professional shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company c/o CertFocus P.O. Box140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Professional shall notify Railway in writing at least 30 days prior to any cancellation, non -renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Besfs Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Professional hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Professional agrees to provide evidence of such coverage as required hereunder. Professional represents that this Agreement has been thoroughly reviewed by Professional's insurance agent(s)/broker(s), who have been instructed by Professional to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Professional, Professional shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall Amendment No. 1 Page 4 of 5 release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Professional is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Professional's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Professional shall not be deemed to release or diminish the liability of Professional including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Professional will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Professional. Therefore, these provisions shall be enforceable and Professional shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means "Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Amendment No. 1 Page 5 of 5