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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - RFP - 7450 TIMBERLINE ROAD CORRIDOR IMPROVEMENTS - BLACKPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Interwest Consulting Group, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of thirteen (13) pages, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2014. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Interwest Consulting Group City of Fort Collins City of Fort Collins Attn: Mike Oberlander Attn: Timothy Kemp Attn: Purchasing Dept. 1218 W Ash Street, Suite C PO Box 580 PO Box 580 Windsor, CO 80550 Fort Collins, CO 80522 Fort Collins, CO 80522 Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 1 of 30 - lateral load criteria for design of foundations and retaining walls; - recommendations for compaction of subgrade fill and backfill, as needed - excavation considerations including excavation difficulties, side slopes, slope bracing and temporary dewatering recommendations, if needed; - the acceptability of on -site natural soils and existing fill for reuse as engineered fill; - groundwater effects on the proposed construction; - need for special cement in concrete contacting foundation soils if the site - soils/bedrock samples are high in water-soluble sulfates; - ground improvement alternatives; - recommended minimum pavement sections; - paving material requirements; - pavement construction recommendations; and - pavement maintenance recommendations. 6. Two copies of a report will be provided at the conclusion of the investigation, signed by a Professional Engineer registered in the State of Colorado. Utility Potholes: During the previous project in 2004, the team procured hundreds of utility potholes along the corridor and we anticipate utilizing the majority of these previous locations. However, due to the revised geometry and potential utility improvements over the past eight years, we anticipate the need for a number of additional potholes. After the initial conceptual design is complete, and likely utility conflicts are identified, Interwest will prepare a pothole map for approval by the City. Once all parties are in agreement with the scope of the pothole operation, the proposed locations will potholed by Colorado Utility Finders. After completion we will coordinate with the City Survey Department to locate the potholes horizontally and vertically for design purposes. This method of potholing is extremely effective and allows us to design our projects with the existing utilities as a "known" rather than "unknown" factor. We anticipate 60 potholes and 5 days of traffic control for this task. Utility Coordination: Interwest will lead the utility coordination effort, working closely with the utility providers to ensure the accuracy of the utility mapping process and to develop thorough utility relocations plans as needed. Interest will provide all drainage designs, including the preparation of required calculations and reports for water quality and adequate storm drainage outfalls. Environmental Studv and Clearances: Cedar Creek Associates will provide all of the work related to environmental services for the project: Wetland mapping will be completed using the methodology outlined in the publication Corps of Engineers Wetlands Delineation Manual (1987) supplemented by the document Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region. Intensity of mapping will conform to the "routine, on -site determination method". Wetland boundaries and sample point locations will be marked in the field and drawn on a field map for identification purposes. The City will have a survey completed and Interest will prepare a delineation map for submittal to the Corps of Engineers. Cedar Creek will prepare a letter report for submittal to the City of Fort Collins and the Corps of Engineers detailing the methodology used to survey the site and the results of the fieldwork. Copies of all Feld data sheets and the delineation map will be included with the letter report. The delineation will be Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 10 of 30 completed in the spring of 2013. It assumed at this time that any wetland impacts will be less than 0.1 acres and a Nationwide Permit from the Corps of Engineers will not be required. Habitat evaluation surveys for the Preble's meadow jumping mouse will be completed in conjunction with the wetland delineation in accordance with U.S. Fish and Wildlife Service guidelines. It is assumed that trapping will not be required for this project. A Preble's meadow jumping mouse habitat evaluation report for the site will be submitted to the U. S. Fish and Wildlife Service to obtain concurrence with the findings of lack of suitable habitat. Traffic Impact Analysis: The Fox Tuttle Transportation Group will provide Traffic Modeling, Analyses, and Report, including Multi -Modal transportation assessments and recommendations as well as Traffic Signal modifications design at Prospect & Timberline. The following bullets describe detailed tasks to be performed for each stage of the project: Preliminary Engineering Phase - Traffic Modeling, Analyses, and Report • Coordinate with City staff to obtain all relevant existing traffic volume data, multi -modal (bike, ped, transit, rail) data, and recent traffic studies, including data from the recent Arterial Intersection Priority Study. • Obtain vehicular and bike/ped traffic counts within the corridor as necessary to supplement existing City traffic data. Two AM & PM peak hour intersection counts have been assumed. • Evaluate and summarize existing traffic volumes and traffic patterns in the study area within the context of previous projections and intersection Level of Service calculations, performed by Fox Tuttle (then Fox Higgins) at the Prospect & Timberline intersection in 2004. A peak hour Synchro v8 model will be developed for the study area to aid in this evaluation. • Utilize existing City traffic data to develop 20-year peak hour traffic volume projections within the study area, including the Prospect & Riverside intersection. This step assumes that the City will provide daily travel model results for this study area using their version of the North Front Range regional travel model. Fox Tuttle will coordinate with City staff if any "what if travel model runs are warranted. • Utilize the daily travel model information coupled with existing peak hour traffic patterns and any appropriate past studies to generate a set of peak hour intersection turning movement projections for study area intersections. Daily and peak hour traffic projections will be reviewed with City staff prior to completing the detailed operational analysis. • Evaluate potential and proposed operational and safety improvements within the project area, including the Prospect & Riverside intersection, based on the following criteria: - safety, addressing documented crash patterns as previously identified - delay (LOS) and air quality benefits, using Synchro v8 software - multi -modal benefits - right-of-way needs - cost - constructability A matrix will be utilized to prioritize the improvements based on the factors above, with scoring/weighting to be determined with input from City staff. Potential alternatives for operational improvements to the Prospect & Riverside intersection will be summarized Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 11 of 30 separately (not prioritized with Timberline corridor project improvements) to provide a basis for future funding considerations as a separate project. • Recommendations for access geometry and auxiliary lane design, including widths, lane lengths, and taper lengths. • Recommendations for any operational improvements to maximize intersection safety. • Recommendations for design of multi -modal improvements, including improvements to pedestrian and bicycle facilities. • Summarize all data, analyses, and recommendations in a comprehensive Traffic Report. Preliminary & Final Engineering Phase - Traffic Signal Modifications Design Fox Tuttle will provide traffic signal design for modifications at the Prospect & Timberline traffic signal, to accommodate additional through lanes in each direction, an eastbound-to-southbound right -turn acceleration lane (and thus, free -right movement), and any other geometric modifications. Traffic signal plans will be prepared per LCUASS, AASHTO, and MUTCD standards and guidelines. Initial signal plans during the Preliminary Engineering Phase will include traffic signal pole locations, pedestrian pole locations, and mast -arms lengths to determine and critical layout issues. Final plans will include the following: - Signal poles and caissons - Mast arm lengths - Controller cabinet and signal controller modifications, if required - Pull boxes - Conduits (including existing and new) - Signal heads - Detection devices - Preemption devices - Ped push buttons and signal indications - Pedestal poles - Mast -arm mounted street lighting - Overhead (mast -arm) signing - Summary of quantities Public Utilities Commission Permitting: tMlson and Company (Wilson) will prepare an application to the Colorado Public Utilities Commission for improvements to one (1) at -grade rail for the project (on Timberline Road). The application will be prepared pursuant to the Commission's "Rules Regulating Railroads, Fixed Guideways, Transportation by Rail, and Rail Crossings". An exhibit will be prepared as required by the Rules in support of the application. Wilson will coordinate and execute a field diagnostic meeting for the crossing, obtaining attendance at a minimum from the Colorado Public Utilities Commission, the Railroad (GWRR), the City of Fort Collins, and Wilson. The meeting will review existing conditions at the crossing and confirm recommendations for improvements to the grade crossing devices and railroad signals. It is assumed that the Great Western Railroad will prepare plans for the grade crossing improvements and signals. Wilson will coordinate obtaining cost estimates for improvements to be constructed by the railroad, to support the City with project budgeting and agreements with the railroad. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 12 of 30 Floodplain Modeling and FEMA Processes Anderson Consulting Engineers (Anderson) will provide hydraulic modeling associated with the widening of the Spring Creek Bridge including the following tasks: Task 1. Review of Available Information/Previous Studies and Field Reconnaissance The review of previous floodplain studies pertinent to the Timberline Road Corridor Improvement Project has largely been completed by the ACE Staff responsible for conducting those studies. Limited effort may still be required to identify specific details associated with the hydraulic modeling completed for one or more of those studies. This task will also include a site visit with ICG and City Staff to verify current site conditions and discuss potential issues to be resolved under this scenario. Task 2. Evaluation of Preliminary Design Alternatives and Preliminary Erosion Countermeasures Design alternatives for the pedestrian bridge and abutments prepared by ICG will be reviewed and evaluated in the context of the current regulatory floodplain and floodway, as well as 100-year water surface elevations. Hydraulic modeling of the preliminary design configuration will be completed to ensure compliance with local, state and federal flood regulations; this will include the 2-year, 10-year and 100-year events, as well as the '/-foot rise floodway. This modeling will include the duplicate effective condition, as well as the proposed condition. If necessary, recommendations will be made for revising preliminary design features in order bring the proposed improvements into compliance with all applicable floodplain regulations. It is assumed that this task will not require significant changes to the ultimate bridge configuration evaluated by ACE in 2005. Consequently, it is also assumed that a no -rise condition will be achieved resulting in no adverse flood impacts to adjacent property owners. Based on the selected bridge configuration and grading, ACE will complete the hydraulic design of erosion countermeasures for the bridge wingwalls and abutments to meet 100- year design criteria. Design sketches of the erosion countermeasures will be produced at a preliminary level with sufficient detail provided in order to allow ICG to produce preliminary design drawings of the necessary erosion protection measures. This task will also include three project coordination meetings during this preliminary engineering phase. A technical memo will be prepared summarizing the results of the preliminary hydraulic evaluation. Task 3. Evaluation of Final Design Configuration and Erosion Countermeasures It is anticipated that the final bridge and roadway design may need to be altered by City Staff and ICG due to potential infrastructure impacts on adjacent property owners, and based on comments from other City departments. If the preliminary bridge design configuration is altered during the course of the final design phase, the final bridge configuration prepared by ICG will be reviewed and evaluated in the context of the current regulatory floodplain and floodway, as well as 100-year water surface elevations. Hydraulic modeling of the final design configuration will be completed to ensure compliance with local, state and federal flood regulations; this will include the 2-year, 10- year and 100-year events, as well as the %foot rise floodway. If necessary, recommendations will be made for revising final design features in order bring the proposed improvements into compliance with all applicable floodplain regulations. It is assumed that this task will not require significant changes to the ultimate bridge configuration evaluated by ACE in 2005. Consequently, it is also assumed that a no -rise condition will be achieved resulting in no adverse flood impacts to adjacent property owners. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 13 of 30 Based on the final bridge configuration and grading, if necessary, ACE will revise the hydraulic design of erosion countermeasures for the bridge wingwalls and abutments to meet 100-year design criteria. Design sketches of the erosion countermeasures will be modified, as necessary, in order to allow ICG to produce final design drawings of the necessary erosion protection measures. This task will also include three project coordination meetings during this final engineering phase. Task 4. Final Hydraulic Modeling Report and Floodplain Use Permit The work completed by ACE for this scenario will be documented in a Final Drainage Report that will include documentation of hydraulic modeling of the final design configuration, design information associated with erosion countermeasures, proposed condition flood profiles in tabular format, comparison of effective and proposed 100-year water surface profiles, proposed condition flood hazard mapping, and any other information necessary in support of a City Floodplain Use Permit. This task will also include completion of the City's Floodplain Use Permit and a City no -rise certification. It is assumed that a Conditional Letter of Map Revision (CLOMR) will not be required for this project as it is anticipated that the final design configuration will not be significantly different than that presented in the 2005 CLOMR application showing both interim and ultimate bridge configurations. Task 5. LOMR Application The proposed condition hydraulic model prepared in Task 4 will be modified as necessary to reflect revised conditions defined by as -built topographic site mapping to be prepared by others once the Timberline Road Bridge and associated floodplain improvements have been constructed. Revised condition hydraulic analyses for Spring Creek will include the 2-year, 10-year, and 100-year events, as well as the''/rfoot rise floodway. For the revised condition, floodplain boundaries for the 100-year event will be revised, as necessary, through the study reach, along with the ''/rfoot rise floodway boundaries. The Final Drainage Report will be revised to produce a hydraulic analysis and floodplain/floodway mapping report supporting a LOMR application for the Timberline Road Corridor Improvement Project. The report will document all hydraulic analyses and floodplain/floodway mapping associated with revised/as-built conditions. Floodplain/floodway work maps will be modified to show flood hazard boundaries associated with the revised condition, along with cross sections used in the hydraulic models, base flood elevations, and flood hazard zone designations. Graphical flood profiles for the revised condition will be prepared in accordance with FEMA specifications. Tabular water surface profiles will be revised, along with comparison tables to identify differences in 100-year water surface elevations between duplicate effective and revised condition base flood elevations. Finally, tabular floodway data will be modified, as needed, in order to show compliance with floodway surcharge limitations. (It is noted that this task assumes that the project will be built in close conformance with the final grading plan prepared by ICG in coordination with the hydraulic modeling completed under Task 4.) A LOMR application will be prepared along with all required supplemental documentation. The additional documentation will include discussion of specific hydraulic conditions within the study reach as requested by FEMA as part of the application, clarification of hydraulic modeling results, and annotated Flood Insurance Rate Map (FIRM) panels. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 14 of 30 Based on the results of the ultimate condition analyses complete in support of the previous CLOMR which showed no -rise in 100-year water surface elevations, it is assumed that a no -rise condition will be achieved with the as -built condition, resulting in no adverse flood impacts to adjacent property owners. Furthermore, it is anticipated that 100-year water surface elevations and flood hazard mapping will remain largely unchanged between pre -project and post -project conditions; consequently, it is assumed that property owner notification letters will not be required for the project. This task will also include the preparation of all correspondence to FEMA and the Colorado Water Conservation Board (CWCB) to accompany the submittal of the LOMR application and hydraulic analysis report to those two agencies. The report and LOMR application will be submitted to the City of Fort Collins Stormwater Department for review. In addition, one copy of the report and LOMR application will be submitted to Engineering Department Staff. Structural Design— Spring Creek Bridge& Silo Recommendations Loris and Associates (LORIS) will perform all structural analyses and prepare construction documents for the widened Spring Creek Bridge. Having prepared the previous bridge widening design plans in 2005, LORIS has a unique understanding of the bridge structure. Their structure selection analysis was used to establish the structural guidelines which will now be used for the next widening project. Loris will be involved in all phases of the project as follows: 1. Project Scoping and Conceptual Design (Kick-off Phase) a. Review original bridge drawings and previous widening plans with respect to changes likely with the new laneage. b. Design Development Meeting — after initial bridge research is completed, meet with the City and Interwest to discuss findings and options. c. Provide a site visit to the silos and measure and document their structural characteristics. d. Analyze and provide a memo regarding the findings of the silo research. 2. Preliminary Design (30%) a. Structure Selection Memo — revalidate that the expansion of the existing structure as previously proposed is appropriate (one page memo). b. Prepare 30% Design Plans for widening of bridge to the west only. It is assumed that the style of the existing bridge rail will be used for the widening. c. Coordinate with the City and specialized contractors regarding options for the silos. Provide a recommendation memo to the City regarding the team's preferred approach to their removal or relocation. d. Provide estimated quantities. e. Attend one design review meeting. 3. Final Design (95% & 100%) Incorporate 30% review comments and advance the design a. Final Bridge Design Plans b. Performance based specification and sketches for the silo removal or relocation. c. Cost Estimate Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 15 of 30 d. Project Special Provisions e. Final Design Review Meeting f. Final Revisions Roadway Design Plans 30% Interwest Consulting Group will be responsible for the roadway design of the project from start to finish. The design will include alignment, typical sections, profiles, grading, structure layout, construction phasing plans and cross sections as the base scope. Interwest will also be responsible for coordinating utility relocations, lowerings and abandonments as well as any modifications to irrigation facilities in the area. Interwest will coordinate all of the design and documentation requirements of the team prior to releasing information for review to the City. We will prepare a complete design that is easily reviewable and conveys the exact intent of the designer to the contractor and construction inspector. As the lead consultant, Interwest will take full responsibility for quality control means and methods and will not rely on the city to perform quality control reviews of the construction documents. BHA Design, Inc. will lead most of these services through their on -call contract. Interwest has a long-standing working relationship with BHA on many public and private development projects over the past 12 years. We will work closely together in the development of the identity for the corridor. We recognize that this is a high profile project with high visibility from the City Manager's Office and we will work closely with BHA and City staff to develop a project worthy of a world class city. Interwest and BHA will prepare site specific Mitigation Plans for adjacent property owners to accurately reflect any proposed impacts and the mitigation measures proposed. Per the RFP, we will provide Mitigation Plans for four (4) affected parcels. Local Drainage Design and Water Quality Interwest will provide the roadway drainage design for the project. The challenge here will not just be the collection of the storm water in gutters, inlets and pipes, but more likely will be providing manageable water quality facilities. We would propose that a water quality pond be constructed where it can be conveniently maintained and where all of the storm water on the west reaches of the roadway can easily be easily conveyed. Interwest will prepare a detailed Drainage and Erosion Control Report that will reflect required hydrologic, hydraulic and erosion control measure calculations. Specifications and Estimates It is critical that the City be presented with a set of construction documents that can be successfully bid and built. Interwest will be responsible for the preparation of Specifications as well as cost estimates and recommended construction phasing diagrams for the project. Final Roadway Design Plans — 95% Plans Interwest will be responsible for coordinating all tasks necessary to deliver Final Engineering Design (95%) Plans, Construction Specifications, Quantity Take -Offs, Bid Tabulations, and Cost Estimates. Plans will be produced in accordance with Larimer County Urban Area Street Standards (LCUASS). Interwest is fully responsible for Quality Assurance and Quality Control (QA / QC) of the plan set. This 95% submittal will trigger the Final Review. Comments from the Final Review will be incorporated into the "For Bidding" plan set. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 16 of 30 At the 95% design phase, we will incorporate the various department review comments from the 30% drawings, as well as those comments gathered during 'real time reviews' since the 30% submittal, and complete the plans and specifications for the intersection, the segment of Timberline from Prospect to Blackbird Drive, and any required modifications to the remaining adjacent legs of the intersection. These plans will be suitable for the contractor to accurately bid and construct the project. At this stage we will perform a bridge analyses to reflect the geometry of the roadway section. Bridge Construction Phasing is another critical component including a phasing concept that keeps adequate lanes of traffic open in each direction with turn lanes, as necessary, during construction. Detailed design drawings and specifications will be included for the design of the Spring Creek Bridge extension. The striping plan for the intersection will be based upon AUTOTURN templates for all movements through the intersection. Complete signing and striping plans for the entire project limits will also be provided. Details within the drawings will include flow line profiles, cross sections every 50 feet and at critical locations, and will show utilities from the potholing data. Utility relocation will be shown in plan and profile for the contractor. A Traffic signal plan will be provided for the ultimate intersection configuration at Prospect and Timberline. Landscaping and irrigation plans from BHA, as well as any required coordination with an artist selected through Art in Public Places (hired by the City through a separate process), will be incorporated into the final set of plans prepared by Interwest. A final exhibit for the railroad crossing will be prepared for inclusion in the city's permit application with the Public Utilities Commission (PUC). Public and Stakeholder Involvement The City will develop and implement a Communication Plan which addresses public involvement and stakeholder coordination. The process will include potentially affected interests such as City Council, multiple City departments, the City's Transportation Board, area property and business owners and bicycle/pedestrian advocacy groups. Interwest will support the City's public and stakeholder involvement process including • Graphics production / reproduction • Public mailing preparation (prints and postage provided by the City) • Attendance/participation at property owner meetings and project open house events • Preparation of presentation materials • Development of press releases / media materials • Attendance at public meetings Bid Documents (100%) The final bid plans and specifications will incorporate necessary revisions and additions to the 95% submittal plans and include the final mylar set for City signature. Bidding and Construction Suoaort Interwest and appropriate team members will be available during bidding and construction to assist the city and the contractor. Interwest will provide any necessary responses and subsequent documentation for revisions to the plans, specifications, and cost estimate as a Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 17 of 30 result of Requests for Information (RFI), and Addenda and Field Memos which need to be issued during the Bidding and Construction Phases. Interwest will incorporate any changes/modifications into the plan set specifications and cost estimate, if necessary, as a result of the bidding process. A memo shall be sent to the City stating the changes and how they were addressed prior to submitting the "For Construction" documents. Project Deliverables: Preliminary Engineering Phase Deliverables (30%): • Preliminary Engineering Project Schedule • Meeting Minutes • Preliminary Drainage Report • Traffic Report and Summary of Future Projections • Structure Analysis for the Spring Creek Bridge • Pavement Design and Geotechnical Engineering Report • PUC Application documents • Two (2) Landscape Identity Alternatives (BHA) • Four (4) Half Size Preliminary plan sets (Black and White, 1 U17) • One (1) .pdf file of the plan set • One (1) Digital copy of the design drawings (AutoCAD format) • One (1) Electronic copy of Preliminary Project Specification Book • Project Bid Tab and Opinion of Probable Cost Final Engineering Phase Deliverables (95%): • Final Engineering Project Schedule • Meeting Minutes • Final Drainage Report • Storm Water Management Plan (SWMP) • Final Landscape Identity Alternative (BHA) • Property Mitigation Plans (4 properties included) • Four (4) Half Size Final plan sets (Black and White, 1 U17) One (1) .pdf file • One (1) electronic copy of Final Project Specification Book • Project Bid Tab and Opinion of Probable Cost "For Bidding" Submittal and Deliverables (100%): • Final Review Meeting Minutes and comment responses • Four (4) Half Size "For Bidding" plan sets (Black and White, 1 U17), stamped by PE • One (1) .pdf file of the "For Bidding" plan set, stamped by PE • One (1) Electronic copy of the "For Bidding" plan set, stamped by PE Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 18 of 30 • One (1) Mylar Set of Plans for Signature "For Construction" Submittal and Deliverables (100%): • One (1) Digital copy of the design drawings (AutoCAD format). This will include all design drawings, surfaces, point files and drawing sheets. • One (1) Full Size "For Construction" plan set (Black and White, 24x36) stamped by PE • Four (4) Half Size "For Construction" plan sets (Black and White, 11x17 stamped by PE • One (1) .pdf file of the "For Construction" plan set, stamped by PE • One (1) Electronic copy of "For Construction" project Specification Book, stamped by PE "Record Drawing" Submittal: • One (1) Mylar Set of Record Drawings with construction changes noted. All information will be provided by the contractor or the City. • One (1) PDF set with construction changes noted. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 19 of 30 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. Inconsideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit B, consisting of ten (10) pages attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Three Hundred Ninety -Five Thousand Two Hundred Thirteen Dollars ($395,213.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. The parties acknowledge that the sub -contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 2 of 30 PRoJr(`T KICK- vrr 4R) IiI-Vr.\ FI.VA1. UF-.SIG \ No Text INTERWEST CONSULTING GROUP PROFESSIONAL SERVICE RATES 2013 PERSONNEL HOURLY RATE Principal $130 Sr. Project Manager $1 11 Project Manager $106 Sr. Project Engineer $98 Project Engineer $93 Design Engineer $85 CAD Technician $75 Clerical $57 DIRECT EXPENSES RATE Mileage $0.60/mile Copies (8'/2" X 1 I") $0.20/copy Prints(24" X 36") $2.50/sheet Mylar Sepia (24" X 36") $20.00/sheet Unless otherwise stated in the Agreement for Professional Services, reimbursable expenses such as outside reproduction, deliveries, sub -consultant fees, and travel costs are in addition to the base contract fees and are charged as listed above or at cost plus fifteen percent. These Professional Service Rates are considered Confidential and shall not be released to a third party without written permission of Interwert Consulting Group, Inc. Rates are subject to change. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 22 of 30 FOX TRANSPORTATION GROUP BILLING RATES Staff Function Hourly Rate Principal — Bill Fox $150.00 Principal — Steve Tuttle $140.00 Senior Planner — Carlos Hernandez $140.00 Engineer $100.00 Planner $100.00 CAD Operator $70.00 Technician $50.00 Expenses: Expenses invoiced at cost plus 10% Mileage invoiced at IRS allowable rate 11111. P.D. BOX 19768, BOULDER, COLORADO 80308-2768 PHONE: 303.652-3571 I FAX: 303-652-6574 I WWW.FOXTUTTLE.COM Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 23 of 30 Fee Schedule CTL I THOMPSON P.,e ..nur Includes analysis and preparation of reports, calculation time, travel, consultation, sample preparation and direct supervision of the CTL Field Investigation Services Coring (2 Hour Minimum) 115 / hour Construction Observation and Testing Services Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 24 of 30 Fee Schedule Soils Laboratory Services CTLITHOMPSON Specialized Environmental Services Testing and Environmental Assessment , Remediation Design, Underground Storage Tanks, Environmental Quote on Request Services Drilling and Sampling, Methane Hazard or , Resistivity, Quote on Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 25 of 30 L o R I S 2013 Fee Schedule 41144 Rr'6 Fig m n � r. �4rt1i'l1ILH) lif �I�III�i���Il ���IJII BILLING RATES $/HR Principal Peter Loris, PE $175 Principal/Project Manager Peter Loris, PE $150 Associate/Project Scott Belonger, PE $140 Manager Dan Beltzer, PE $135 Senior Project Engineer Christian Baroody, PE $110 Project Engineer Kevin Dooley, PE $100 Construction Engineer Kevin Dooley, PE $85 Sr. Designer Leng Xiong $85 Designer Chris Muir $75 Administrative Sandy Stewart $65 SUBCONSULTANTS Subconsultants Will Be Billed At Cost Plus 10% REIMBURSABLE EXPENSES COST Mileage IRS allowable rate/mile Color Copies _ $0.50/ 8Y2 x 11_ $1.00111 x 17 B/W Copies $0.10/ 8'/2 x 11_ $0.20/ 11 x 17 $0.25 — bond Plots for Submittals (per sq ft) $5.50 — bond color $3.50 — mylar Other Reimbursable Expenses Will Be Billed At Cost Plus 10% Effective: 01.01.2013 Rev. 0218lipisional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 26 of 30 A F m x x N Cost per hard hole: $200 • • Includes coring, flowfill and cold patch 0 0 .oN. Traffic Control: $1,250 • Per Day A C* m Additional Costs: 0 ,N, • Administrative Fee: $200 flat rate per project ' Cost of any other fees such as permits, specific restoration; will be charged on final • invoice. s 0 m Date: 02/08/2013 w O w bo Valid Until: 12/31/2013 0 N O T x to r O N OD v io W t0 O) l'1 ^n \d 10 N 0 O 7 7 N 0 O 3 Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 27 of 30 2012 FEE SCHEDULE ANdERSON CONSUITINq ENgiNEERSr INC. Civil • Water Resources • Environmental Labor Cateeory Hourly Rate Senior Principal Engineer $170.00 Principal Engineer $160.00 Senior Project Manager $125.00 Project Manager $112.00 Senior Engineer/Scientist II $110.00 Senior Engineer 1 $101.00 Project Engineer II $94.00 Project Engineer $84.00 Engineer II $78.00 Engineer $73.00 Senior GIS/CAD Technician $80.00 GIS/CAD/Technician II $75.00 GIS/CAD/Technician 1 $70.00 Office Manager/Administration $6S.00 Administrative Assistant $60.00 Other Directs Costs Airfare .......................@ cost In-house B&W Copies ............ $0.10/copy Mileage .................$0.60/mile In-house Color Copies ............ $1.00/copy Meals/Lodging ...........@ cost In-house B&W Plotter ............ $5.00/plot In-house Color Plotter ........... $10.00/plot All other direct costs such as communications, equipment rental, materials, laboratory services, shipping and reproduction will be charged at cost. General 2012 fee schedule.doa ANdERSON CONSUITINq ENfINEERS, INC. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 28 of 30 WILSON Alaska Ar¢ona &COMPANY California Colorado 999 18`" Street Ste. 2600 Fianda Denver, CO 80202 Kansas 303-297-2976 phone Missouri 303-297-2693 fax Nebraska New Mexico Oklahoma Texas Utah WILSON & COMPANY, INC. ENGINEERS & ARCHITECTS 2013 PROFESSIONAL SERVICE RATES PERSONNEL RATE Senior Project Manager $195 Project Engineer $100 CADD Technician $90 Administrative Assistant $90 DIRECT EXPENSES RATE Mileage Letter Copy (8.5x11) 11x17 Copy Color Letter Copy (8.5x11) Color 11x17 Copy Shipping (UPS, FedEx, etc) Postage (USPS) Mason & Company. Inc., Englnsers & Archifects $0.565/mile $0.06/copy $0.12/copy $0.24/copy $0.47/copy at cost at cost IGHER M i�-4a- SHARED OWNERSHIP•COLLABORATION WTENSRY• DISCIPLINE • SOLUTIONS Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 29 of 30 shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "B" including subcontractor rates. 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. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 3 of 30 CIEDAM CCMIEIEIK &550CWrIES, iNC. 916 Willshile Ave., Fort Collins, CO 80521 • (970) 4934394 STANDARD COMMERCIAL TERMS (Effective January 1, 2013) SERVICE BILLING RATES Charges for project work include office, field, and travel time. Service/Billing Category Rate Specialized Technical, Permitting, or Consulting $80/hour Technician $25-45/hour OTHER FEES Computer Charges $15/hour Cedar Creek Regular Vehicle Mileage 656/mile Cedar Creek All -Terrain Vehicle (ATV) Rental $75/day Per Diem (meals only) $40/day (Per diem for large metropolitan areas is billed at actual cost) Subcontractor management and Other Direct Costs (ODCs) such as lodging, airfare, etc. are billed at actual cost plus a 10 % handling fee (to cover bookkeeping fees, interest, etc.). NOTE: Expert Witness and/or Legal Testimony is billed at 2 times the hourly rate. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 30 of 30 CERTIFICATE OF LIABILITY INSURANCE I "°1/1,11°°"""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsementls). PRODUCER /an Gilder Insurance Corp. 1515 Wynkoop, Suite 200 )enver CO 80202 INSURED INTCON6 Interwest Consulting Group Naffa, Inc. 1076 Lincoln Place Boulder CO 80302 COVERAGES CERTIFICATE NUMBER: 1428972031 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INS INVID $LIB POLICY NUMBER MWDDCYEFF PWDDYEXP LIMITS B GENERAL LIABILITY Y Y 580746OM671 1/14/2012 1/14/2013 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISES Ea ocan E1,000,000 CLAIMS -MADE OCCUR MED EXP(Any one Person) $10,000 PERSONAL S ADV INJURY $2,000000 GENERAL AGGREGATE $4.000,000 GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO S4,000000 POLICY X PRO- LOC $ C AUTOMOBILE LIABILITY Y Y BA7466M429 1/14/2012 IV14120i2l Ea accideml $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ecddent) $ X NON -OWNED HIREDAUTOS X AUTOS PROPERTYDAMAGE Per acodenl $ $ B X UMBRELLA LIAR X OCCUR Y Y CUP1330T362 1/14/2012 1/14/2013 EACH OCCURRENCE $11000,0GO AGGREGATE $1,000,000 EXCE7UAB CLAIMS -MADE LIED X RETENTION$10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA y XVMPJUB1339T93411 1/14/2012 1/14/2013 X WCSTATU- I I OTH- ITS R E.L. EACH ACCIDENT $1,000.000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS aglow E.L. DISEASE - POLICY LIMIT $1,0G0 000 A Professional Liability Claims Made Retro Date: 6/1/2002 DPR9703316 1/14/2012 1/14/2013 Per Claim $1,000,000 Annual A Aggregate $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ANech ACORD 101, AddMonal Remarks Schedule, N more space Is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder is included as Additional Insured for your work, acts or omissions which includes completed operations under General Liability; Designated Insured under 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 appply on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability Workers Compensation. The Umbrella and / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. City of Fort Collins PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD TRAVELERST POLICY NUMBER: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) _03 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies onlyto the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. DATE OF ISSUE: ST ASSIGN: so I vangader September 1", 2010 Re: Enclosed Certificates Starling on 01 September 2010, the "Certificate of Liability Insurance" national template Issued by ACORD changed. The certificate contains new cancellation notice language. Van Gilder, nor any other insurance agency, Is no longer allowed to amend the certificate template. However, we understand how Important notice of certain items is to you. Therefore, we are committed to providing the following: Should any of the policies identified on the enclosed certificates be cancelled or non -renewed, Van Gilder will endeavor to provide 30 days notice to you or that amount of notice coinciding with the notice Van Glider receives from the insurance company. In the event of non-payment of premium, Van Gilder will endeavor to provide 10 days notice. Please note that failure to provide notice does not impose an obligation or liability on the Insurance company, or its agents, or representatives. Please do not hesitate to contact us with any questions or concerns Van Gilder Insurance Corp. Van Gilder Insurance Corporallon I PO Box 465101 Denver, CO 802011 Tel 800.873.8500 1 Fax 303.831.5295 1 w .vgic.Gom MM GWEe1 • COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS E. TRAILERS —INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that Is in effect during the policy period, to be named as an addi- tional insured Is an 'insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section I. B. EMPLOYEE HIRED AUTO The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perfonm- Ing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered 'auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "em- An Insured, of SECTION 11 — LIABILITY COV- ployee's" name, with your permission, white ERAGE: CA T4 20 07 10 02010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc, with its permission. OW218 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered 'auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds On- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION 1— COVERED AUTOS: 1. 'Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rem or borrow subject to the following; (1) The most we will pay for 'loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000: (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other Property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss". (3) If a repair or replacement results in better • than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence In Para. graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: . We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is . deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "Insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. Page 2 of 3 ® 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1� C K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease;and (a) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro. vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 ® 2010 The Travelers Indemnity Company. AD rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. e 17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY- PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 ® 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance services Office, Inc., with Its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: 2. However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The 'bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph (2) of Paragraph b. Ex. cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 4 of 30 COMMERCIAL GENERAL LIABILITY 2. 9 However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co - ventures in that joint venture is an archi- tectural, engineering, or surveying fine. This Provision P. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from 'occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project'. 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project' for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project', and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project', but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project'; b. The General Aggregate Limit; or c. The Products -Completed Operations Ag- gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad shall be considered a sin- gle "project'. R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an 'occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the 'occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. 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. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 5 of 30 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 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. Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 6 of 30 .M Clerk AS TO FORM: THE CITY OF FORT COLLINS, COLORADO �j By. 1 � � C�� Ja IIes B. O'Neill II, CPPO, FNIGP Director of P6rchasing & Risk Management DATE: 31 U--, / � OF O� :r �4 Co INTERWEST CONSULTING GROUP Title: PRESIDENT OR VICE PRESIDENT Date: 2425 /,r/-s ATTEiSW VPAr/A 1A (Corporate Seal) ` Corporate Secre Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 7 of 30 EXHIBIT A SCOPE OF SERVICES General Project Description The Timberline Road Corridor Improvements Project will bring the intersection and corridor to its 'ultimate' configuration. Anticipated improvements include a new 'free right' turn from eastbound Prospect to southbound Timberline, additional lanes on southbound Timberline, widening of the bridge over Spring Creek, and incorporation of a 'unique landscape identity" by the City's consultant, BHA Design. In addition to the limits of the construction project, the required Traffic and Modeling Report will include the intersection of Riverside Drive and Prospect Road, located one quarter mile to the west. The proximity of these two intersections, and the volume of traffic that travels through both intersections, results in congestion and delays for which the City is seeking creative solutions. The limits of the project on Timberline Road also contain an at -grade railroad crossing which will require improvement agreements with the Great Western railroad. The project will be funded through the Building on Basics sale and use tax, enacted in 2005 and has a total budget of $3.3 Million. The limits of the project are from Timberline Road at Blackbird Drive on the south, through the intersection of Timberline and Prospect Roads, and including the transitions on the three remaining legs. Design constraints include environmentally sensitive resources, the constraining width of the Spring Creek Bridge, an existing railroad crossing, impacts to affected landowners and businesses, and budget. Additionally, the City seeks suggestions for relocating and/or repurposing the existing the grain silos on the west side of Timberline. Based on the scoping meeting with Tim Kemp on January 28, 2013, this scope of services assumes that the roadway improvements will be on Timberline from Blackbird to the PSD Warehouse drive (300' north of Prospect), and on Prospect 300' east and west of Timberline. No fees are included for the demolition of the existing house adjacent to the silos as it is not in any way impacted by the roadway improvements. An allowance for a structural review and recommendations through all phases for the silos is included at this time, but until there is a decision regarding their ultimate use, complete scoping is not possible. This scope also assumes that a southbound right turn lane on Timberline will not be necessary to meet standards. It will not be known until the conclusion of the traffic study whether or not this is the case. The contract will be an hourly -not -to -exceed contract, and of critical importance to the City is on - time delivery. Scope of Work The following required elements of the project as outlined in the RFP will be achieved as part of the Interwest Team Scope of Work: • Modeling of current traffic patterns and comparison to past projections • Modeling and recommendations for future traffic projections (including the Prospect and Riverside intersection) • Improved air quality through reduced vehicle wait time • Improved safety for vehicles, bicycles and pedestrians; including the completion of the sidewalk connection along the west side of Timberline (Prospect to Blackbird) • Design and construction of utility improvements including water quality features Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 8 of 30 • Landscape and irrigation design for parkways and raised medians (by others — BHA Design) • Structural analysis and design required for extension of the Spring Creek Bridge • Hydraulic modeling and review of past Map Revisions for the Spring Creek Floodplain • Design analysis for major turning movements • Design and construction of the project in a sustainable fashion which balances the environmental, social and economic needs of the City and adjacent landowners Following is a detailed explanation of each key team member's responsibility on this project: Topographic and Property Survey The City will provide all survey services and provide the data to Interwest for the preparation of the base mapping. Interwest will complete a Survey Request Form detailing the limits and purpose of the survey items needed, including channel cross sections if they are determined to be required for hydraulic modeling. Soils Investigation and Structure Foundation Report CTL Thompson (CTL) will provide the following services for the project: 1. Drill six borings along Timberline Road (no more than 500 feet apart), two borings on Prospect Road (either side of Timberline) and two on the west side of Timberline Road at Spring Creek. The borings for the roadway will be drilled to depths of 10 feet or practical drill rig refusal and borings for the bridge extension will be drilled to depths between 20 and 35 feet or practical drill rig refusal. 2. Drive -sampling soils/bedrock at approximate depths of 2, 4, and 9 feet for the roadway and approximate 5-foot intervals for the bridge. Obtaining bulk samples from auger cuttings of the upper 5 feet for the roadway. Measure existing pavement sections exposed in the borings. 3. Conducting sufficient laboratory testing to evaluate soil classification and strength based on the LCUASS requirements and to provide foundations recommendations for the bridge extension. 4. Analyzing the results of field and laboratory investigations to provide ground improvement alternatives and pavement thickness recommendations based on 20-year and 30-year Equivalent Single Axle Loads (ESAL's). 5. Prepare a report summarizing the results of the field and laboratory work proposed above, and CTL's analysis, opinions, conclusions and recommendations including the following: • A site plan showing the locations of borings • Description of subsurface soils/bedrock and ground water encountered in the borings • Summary logs of the borings indicating soil types and ground water • Summary of laboratory test results; • Discussions regarding: — geologic hazards; — recommended foundation types and design criteria for the bridge; Professional Services Agreement 7450 Timberline Road Corridor Improvements - Blackbird to Prospect Page 9 of 30