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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - CONTRACT - RFP - 7490 POUDRE RIVER DOWNTOWN PROJECTPROFESSIONAL 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 ANDERSON CONSULTING ENGINEERS, 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 thirteen (13) 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. 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 June 26, 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: I Professional Services Agreement 7490 Poudre River Downtown Project Page 1 of 34 TASK 1.3 MASTER PLAN BASE IVIAPIDATABASE AND OPPORTUNITIESICONSTRAINTS MAPPING ➢ Master Planning Base Map/GIS Database — a preliminary base map and GIS database will be prepared which includes the following: • current aerial photographs • existing topographic data • existing City GIS mapping information (including parcel boundaries/ownership, utility locations, and other pertinent data) • irrigation infrastructure • trail infrastructure and current river access points • effective floodplain and floodway delineations • inventory of geomorphic features (as identified during the field reconnaissance effort) • vegetative and habitat resources (from the data collection/field reconnaissance efforts) • historical resources It is anticipated that the base map/database will be updated upon completion of the initial stakeholder meetings to reflect additional information provided by area stakeholders. Opportunities and Constraints Map — this map will be prepared to identify known opportunities and constraints, critical components and enhancement opportunities. This map will include pertinent features from the base map with the primary purpose of highlighting: • Sensitive natural areas and features • Aquatic habitat enhancement opportunities • Riparian ecology enhancement opportunities • Channel stabilization requirements • Recreational opportunities within the river and along the riparian corridor • Access and connections to downtown Fort Collins and transportation infrastructure • Potential physical constraints, as well as possible permitting constraints • Potential private property access constraints i It is anticipated that the opportunities and constraint map will be updated upon completion of the initial stakeholder meetings and the initial public open house to reflect additional information provided by area stakeholders and interested parties. TASK 1.4 MEETINGS, COORDINATION, PUBLIC OUTREACH AND CONSENSUS BUILDING ➢ Design Charette (2 days) — to be attended by core consultant team members, the River Team, and key stakeholders. The consultant team will consolidate and summarize, in memo format, all thoughts and ideas captured during the design charette. i Public Outreach/Open Houses (5 total) — to be attended by core consultant team members. The consultant team will consolidate and summarize, in memo format, all thoughts and ideas captured during the open houses. m • Natural Areas Open House on June 26 • Project Initiation Open Houses (2 open houses on consecutive days) • Open House to present and gather feedback on the Preliminary Master Plan (1 open ,house) • Open House to present the Final Master Plan (1 open house) Professional Services Agreement 7490 Poudre River Downtown Project Page 10 of 34 ➢ Progress meetings with City staff (every 2 weeks) — to be attended in person by the consultant team's Project Manager and Assistant Project Manager, also attended by other members of the consultant team either in person or by teleconference, as appropriate for each meeting. The consultant team will prepare progress meeting agendas, as well as prepare and distribute meeting minutes. Pre -application meetings with permitting agencies (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. The consultant team will prepare the meeting agendas, as well as prepare and distribute meeting minutes. Irrigation and railroad companies meetings (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. The consultant team will prepare the meeting agendas, as well as prepare and distribute meeting minutes. ➢ Following each major milestone in the process, the consultant team will forward updated graphics, public comments, and stakeholder comments to the City for inclusion in the project web -site. City staff will be responsible for creating and periodically updating the project web site. ➢ Presentations to the River Team (2 total) — the alternative planning scenarios developed in Task 1.5 will be presented to City staff. Upon completion, the final Master Plan graphics and document will be presented to City staff. ➢ City Board Meetings (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. City staff to provide direction to the consultant team following each of these meetings. • Parks and Recreation Board (2 meetings) • Natural Resources Advisory Board (1 meeting) • Water Board (1 meeting) ➢ City Council work session — the consultant team's Project Manager and Assistant Project Manager will assist City staff in presenting the Preliminary Master Plan to City Council. Throughout the planning process, incorporated as part of the meetings identified above, appropriate consultant team members will coordinate with other City projects and programs in an effort promote compatibility between the river corridor plan and adjacent City work, including: Park Planning — Legacy Park and Lee Martinez Park • Natural Areas — McMurry Natural Area Phase 2 Restoration Project • Stormwater • Capital Projects • Engineering • Art in Public Places TASK 1.5 DESIGN SCENARIO FORMULATION AND PLAN ASSESSMENT ➢ It is anticipated that the planning area will be separated into the following eight reaches for the purposes of evaluation, characterize and plan formulation (it is noted that these reach definitions may change based on the initial project evaluation effort): • Reach 1 — Mulberry Street through Woodward Governor • Reach 2 —Woodward Governor to Lincoln Avenue Professional Services Agreement . 7490 Poudre River Downtown Project Page 11 of 34 • Reach 3 — Lincoln Avenue to Linden Street • Reach 4 — Linden Street to BNSF Railroad • Reach 5 — BNSF Railroad to UP Railroad • Reach 6 — UP Railroad to Hickory Bridge • Reach 7 — Hickory Bridge through Salyer Natural Area • Reach 8 — Salyer Natural Area to Shields Street Update goals and objectives for the project planning reach based on findings from preceding tasks and City and stakeholder input; goals may vary for select reaches and/or be tiered based on scenarios. Work with City staff to identify Poudre River flow targets/thresholds on which planning and design for the project reach will be based ➢ Identification of feasibility issues and implementation considerations related to the following: • Irrigation facilities — Coy Ditch and Lake Canal, including diversion structures • Railroads — UPRR (future plans for bridge replacement and right-of-way use); and BNRR (river trail, flood flow conveyance improvements in right-of-way) • Xcel Energy — possible relocation of, or improvements adjacent to, the existing natural gas pump station • Utilities, including possible conflict resolution • Flood mitigation — including hydraulic modeling of conceptual scenarios to investigate the potential for additional flood mitigation benefits, particularly elimination of the flow split along Vine Drive • Property ownership, rights -of -way, easements and access • CERCLA issues near the Aztlan Site ➢ Develop two or three alternative scenarios, as appropriate, for a long-term vision of the Poudre River Downtown Project. Plan view diagrammatic/schematic maps will be developed for the eight identified reaches of the river. For each scenario, preliminary concepts will be developed that will, to the extent possible, maximize the natural and beneficial use of the floodplain by considering the following: • Aquatic habitat protection and enhancement • Riverine/wetland habitat protection and enhancement • Terrestrial habitat protection and enhancement • Ecologically sensitive areas • Recreational opportunities (passive and active) • Downtown connectivity opportunities • Flood mitigation opportunities • Channel stabilization areas • System -wide connectivity and sustainability For each scenario, a brief narrative will be provided describing the proposed improvements and their benefits related to ecological restoration, recreation/visitor experience, and floodplain management. These narratives may include identification of unresolved issues and recommendations for items beyond the scope of this project. They will also describe how each preliminary concept addresses project visions, goals, and objectives. A decision matrix will be developed to assist in the selection of a preferred scenario. The matrix will include comparison of items such as: (a) ecological restoration benefits; (b) flood mitigation benefits; (c) recreation benefits; (d) feasibility; (e) constructability; (f) Professional Services Agreement 7490 Poudre River Downtown Project Page 12 of 34 maintenance; (g) life span; (h) relative cost of implementation; and (i) other significant items identified by City staff or the consultant team. The intent of the decision matrix is to provide a rigorous qualitative evaluation tool, but not to perform a full cost -benefit analysis. TASK 1.6 FUNDING SOURCES IDENTIFICATION AND BUDGET PLANNING ➢ Potential funding sources will be identified that are applicable to this project along with their scheduling and deadlines. These sources may include the following: GOCO, South Platte Basin Roundtable, CWCB Grants and Loans, Colorado Water Trust, Colorado Wetlands for Wildlife, Trees Water People, Trout Unlimited, NRCS Conservation Innovation Grants, EPA and FEMA National Flood Mitigation Fund (formally the Pre - Disaster Mitigation and other grant funds). Conceptual -level cost estimates will be prepared by September 1, 2013 to provide 'order of magnitude' estimates to support various budget requests prepared by City staff. TASK 1.7 PREPARE THE POUDRE RIVER DOWNTOWN PROJECT MASTER PLAN DOCUMENT A selected scenario will be identified and refined, along with finalizing descriptions of project visions, goals, and objectives. ➢ Thematic concepts will be developed in a narrative format to include items such as ecological restoration, a community destination, connectivity to the broader community, and green infrastructure; with these concepts including alternative components that allow for flexibility in later design phases. • A priorities and phasing plan will be prepared in a narrative format to address connections between plan components, pre -requisite project elements, opportunity projects and provide an overall framework for future projects. • Prepare Master Plan Graphics — a set of illustrative color rendered graphics will be generated in order to convey the master plan, which will address items such as the following: • Landscape and river ecology • Restoration and enhancement of riparian areas • Restoration and enhancement of aquatic habitat • Flood mitigation facilities • Stream channel stabilization • Streambank enhancement • Recreation/river access • Visitor circulation and connectivity • Designation of types of protection, management, and use areas • Overall Illustrative Master Plan — final graphic will be mounted, framed and delivered to the City Project Manager • Proto-typical bank and bed cross -sections illustrating conceptual strategies for stabilization and enhancement (up to two cross sections for each reach, for a maximum of 16 cross sections) • Prototypical Concept Plan for Family Picnic Area • Perspective Character Sketch of Prototypical Family Picnic Area • Prototypical Plan and Cross -Section for Put-inrrake out • Prototypical Plan and Cross -Section for River Access Area Professional services Agreement 7490 Poudre River Downtown Project Page 13 of 34 • Perspective Character Sketch of Prototypical River Access Area • Two additional perspective character sketches of other key features, which could include the Legacy Park water feature and/or a possible Nature's Play area in the River's Edge Natural Area • Up to six river restoration photographic simulations Generate brief written design guidelines and standards, possibly incorporating some of the graphics described in order to convey the design intent, to address items such as the following: • Aquatic habitat enhancement and restoration • Vegetation installation and maintenance • Protection of existing native plant communities and soils • Channel stabilization • Channel bank enhancement • In -channel floating improvements • Visitor experience, including experiential features • Other special features (stopping areas, interpretive/educational features) 9 Prepare a Master Plan Opinion of Implementation Cost, including Cost by Phase Develop a Preliminary Risk Analysis Plan for the project, including: • Identify critical paths and potential impacts to project components and schedule • Develop possible solutions to potential project impediments TASK II. DESIGN DEVELOPMENT The intent of Task II will be to take the findings associated with the Poudre River Downtown Project Master Plan document and define the Phase 1 improvements for the reach extending from the BNRR Bridge upstream to the Hickory Bridge, including a pedestrian trail connection through the BNRR embankment directly north of the Poudre River. Task II will evaluate site specific alternatives where the Master Plan identifies potential improvement options. Task II will take these improvements to a level that will facilitate the submittal of PDP Documents and the Conditional Letter of Map Revision (CLOMR) application. It is recognized that the actual slate of improvements selected to be carried to construction during Phase 1 will not be determined until completion of the Master Plan. However, for the purpose of preparing the scope of work for both Tasks II and III, at this time it is assumed, although not necessarily a given, that the Phase 1 design will include the following elements: (a) Removal/modification of the Boat Chute structure (b) Removal/modification of the Coy Ditch diversion structure (c) Removal/modification of the Lake Canal diversion structure and replacement with a rock diversion structure in its current location (d) Construction of instream rock structures between the BNRR and Hickory Bridge to stabilize the channel bed, provide aquatic connectivity and, if possible, provide floatable features (e) Channel bank grading, toe stabilization and vegetative/habitat enhancement of both the north and south banks of the river between the BNRR and College Avenue (f) River access take-out upstream of the BNRR Professional Services Agreement 7490 Poudre River Downtown Project Page 14 of 34 (g) Installation of a large box culvert under the BNRR northern embankment (h) Pedestrian trail design and associated grading to extend existing trails in Gustav Swanson Natural Area to the west, through the new BNRR box culvert (i) Lowering of the south bank pedestrian trail adjacent to the CSU Engines Lab, including relocation/ lowering of existing utility lines from the Engines Lab which drain to the river, removal of the existing concrete retaining wall, and reconfiguration of the pedestrian overlook Q) River access take-out upstream of the UPRR (k) Channel bank enhancement and widening of riparian corridor through River's Edge Natural Area (1) Construction of a box culvert siphon to carry Lake Canal irrigation flows from the headgate to the west side of the existing UPRR trestle (m) Removal of existing channel bank protection measures at Legacy Park and replacement with toe stabilization and bio-protection measures, including channel bank grading to reduce bank heights and provide controlled access to the river (n) Site grading, including inlet and outlet facilities, to form a side channel water feature/play area along the southern edge of Legacy Park (o) Site grading of the northern portion of Lee Martinez Park (north of the Poudre Trail) with the intention of converting the large upland area to a variable lowland riparian corridor (p) Relocation of pedestrian trails within the northern portion of Lee Martinez Park, including limited access points to the river (q) Construction of two family picnic areas, presumably near the river in the northern portion of Lee Martinez Park The proposed budget associated with the Task II and III scope of work assumes a design effort commensurate with a Phase 1 construction cost of no more than $4M. Additional design fees may need to be negotiated if the Phase 1 project complexity (as reflected by the construction cost estimate) exceeds this target figure. The following is a summary of tasks anticipated to complete Task II. TASK 2.1 PRELIMINARY DESIGN AND PRELIMINARY CONSTRUCTION DRAWINGS ➢ Collect additional field data required for design, including the following: • Field staking of wetlands, vegetative communities, and wildlife habitat to be protected • Existing site survey of the river channel only within the Phase 1 design area, including 1-foot contours and manmade structures (to supplement the new, LiDAR- based 1-foot contours) , with field surveying to also include utility locates (if available), potholes, and sensitive habitat areas (previously staked) • Utility potholing, to be directed by ACE but with actual potholing activities to be completed by either City crews or a third -party contractor under separate contract • Subsurface investigation/geotechnical engineering services to identify existing subsurface soil conditions throughout the Phase 1 design area by advancing up to eight (8) field borings and conducting laboratory testing of recovered samples to characterize and classify soils, and identify engineering properties for use in Task III design • Environmental site assessment for potential contamination issues ➢ Refine elements of the selected alternative scenario, as needed, based on additional Professional services Agreement 7490 Poudre River Downtown Project Page 15 of 34 field data, collaboration with City staff, and input from key stakeholders. ➢ Hydraulic modeling and analyses will be conducted to: • Confirm effective hydraulic modeling and flood hazard delineations • Update existing condition hydraulic modeling and flood hazard mapping of the 100- year and 500-year events, as well as the ''Mrfoot floodway, utilizing current detailed topography; also including the Vine Drive Split Flow Path (if dictated by hydraulic/flood inundation conditions) • Evaluate alternative channel and overbank cross section configurations to define both minimal and preferable requirements for meeting flood mitigation goals, as well as achieving aquatic connectivity goals for up to four low flows • Complete proposed condition hydraulic modeling based on initial preliminary design information for up to five flood flows, as well as the ''/rfoot floodway, including the Vine Drive Split Flow Path (unless this flow path will be eliminated by the proposed improvements) • Prepare initial proposed condition flood hazard mapping for the 100-year and 500- year events, as well as the '/-foot floodway, to confirm flood mitigation goals will be achieved • Detailed evaluation and analyses will be conducted in support of the preliminary design and constructability review of the following major project elements: • In -channel river restoration • In -stream structures, including aquatic connectivity features • Channel stabilization measures • Lake Canal diversion structure and siphon • Channel and overbank grading • Riparian and wetland restoration/enhancement • Railroad bridges/culverts • In -channel floating features • Utility conflict resolution and relocation • For the preliminary design, these additional project elements will be evaluated to a lesser degree (with full design detail completed during Task III) in order to define locations, site requirements, and resolve constructability issues: • Irrigation pumping facilities • Landscaping and planting • Trail routing and river access • River put-in/take-out areas • Family picnic areas • Other recreational features > Prepare preliminary design drawings (approximately 30% completion) to facilitate initiation of the permitting process and support a CLOMR application. ➢ Submit the Phase 1 preliminary drawings level for the City's Development Review (PDP). Revise documents to incorporate requested comments and changes, resubmit preliminary design. i Develop preliminary construction cost estimate based on the preliminary design, including an itemized list of known and anticipated project items. • Update the Risk Analysis Plan. Professional Services Agreement 7490 Poudre River Downtown Project Page 16 of 34 TASK 2.2 PERMITTING AND CONDITIONAL LETTER OF MAP REVISION (CLOMR) ➢ Complete an analysis and compile a list of environmental impacts'and clearances, likely including the following: • U.S. Army Corps of Engineers (404 Permit) • U.S. Fish and Wildlife (ESA Requirements) • Colorado Parks and Wildlife • State Engineer's Office • State Historic Preservation Office • EPA (CERCLA/Aztlan Site) • Prepare and submit permit applications (with all permit application fees to be paid by the City). Finalize hydraulic modeling and mapping to support a CLOMR report and application, including the following: • Based on preliminary design information, finalize proposed condition hydraulic modeling for up to five flood flows, as well as for the ''Mrfoot floodway, including the Vine Drive Split Flow Path from Redwood Street to Dry Creek (unless this flow path will be eliminated by the proposed improvements) • Complete proposed condition hydraulic modeling based on preliminary design information for up to four low flows to confirm aquatic connectivity goals will be achieved • Prepare proposed condition flood hazard mapping for the 100-year and 500-year events, as well as the Y:-foot floodway, along with graphical flood profiles and floodway data tables, all in accordance with FEMA requirements • Identify changes in 100-year flood levels and flood plain/floodway limits for each property within the effective 100-year floodplain; prepare a GIs database which captures these changes. Prepare CLOMR report, application and supporting documentation, along with City of Fort Collins Floodplain Use Permit. i > Submit CLOMR application and documentation to City and FEMA for review. (Addressing review comments from either the City or FEMA will be limited to responding to questions and providing clarification; any revised modeling, mapping or documentation would be conducted under a separate scope and budget.) TASK 2.3 MEETINGS AND COORDINATION Progress meetings with City staff (every 2 weeks) — to be attended in person by the consultant team's Project Manager and Assistant Project Manager, also attended by other members of the consultant team either in person or by teleconference, as appropriate for each meeting. The consultant team will prepare progress meeting agendas, as well as prepare and distribute meeting minutes. • Preliminary design coordination meetings with key stakeholders such as: adjacent property owners, irrigation companies, and railroads (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. City staff will coordinate meeting times and locations, and invite attendees. For these meetings, a member of City staff will prepare the meeting agendas, as well as prepare and distribute meeting minutes. ➢ Permitting meetings with regulatory agencies (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the Professional Services Agreement 7490 Poudre River Downtown Project Page 17 of 34 consultant team, as necessary. The consultant team will prepare the meeting agendas, as well as prepare and distribute meeting minutes. City Board Meetings (4 total), to present the Preliminary Design Plan — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. City Council Hearing — the consultant team's Project Manager and Assistant Project Manager will assist City staff in presenting the Preliminary Design Plan to City Council. TASK III. CONSTRUCTION DOCUMENTS The intent of Task III will be to take the preliminary design plans developed as part of Task II to a final design level. In addition, Task III will encompass efforts necessary to provide construction and bid documents as well as address necessary permitting aspects required for construction. The following is a summary of tasks anticipated to complete Task III. TASK 3.1 FINALIZE ENVIRONMENTAL PERMITTING ;� Address environmental permit review comments with plan modifications or additional supporting documentation; submit comment responses and requisite materials to the permitting agencies in order to obtain the necessary approvals from the following (assuming no more than one round of comments per agency): • U.S. Army Corps of Engineers (404 Permit) • U.S. Fish and Wildlife (ESA Requirements) • Colorado Parks and Wildlife • State Engineer's Office TASK 3.2 GRANT FUNDING AND BUDGET PLANNING SUPPORT Prepare supporting documentation associated with the Phase 1 project improvements to be included in grant applications being prepared by City staff. Finalize itemized cost estimate based on final construction drawings. TASK 3.3 FINAL DESIGN DRAWINGS Develop 50%, 90% and 100% construction plan sets to include all project elements identified in the preliminary construction drawings; submit each set of construction drawings to City staff for review and comment. Submit 90% construction plans for Development Review — Final Compliance Plan (FCP). > Revise FCP plans based on comments received from Development Review. Update hydraulic analyses and flood hazard mapping, as necessary, to ensure conformance with hydraulic analysis and flood hazard mapping documented in the CLOMR application; prepare memo -level documentation of these analyses and submit to City staff for review and concurrence. TASK 3.4 CONTRACT DOCUMENTS AND SPECIFICATIONS • Prepare bid documents — front end documents and general provisions — using City of Fort Collins' standard document format. • Prepare technical specifications utilizing City of Fort Collins' standard specifications. • Prepare and coordinate both the bid schedule and Measurement and Payment spec section. Professional Services Agreement 7490 Poudre River Downtown Project Page 18 of 34 ➢ Prepare an anticipated construction schedule. TASK 3.5 MEETINGS AND COORDINATION ➢ Progress meetings with City staff (every 2 weeks) — to be attended in person by the consultant team's Project Manager and Assistant Project Manager, also attended by other members of the consultant team either in person or by teleconference, as appropriate for each meeting. The consultant team will prepare progress meeting agendas, as well as prepare and distribute meeting minutes. ➢ Final design coordination meetings with key stakeholders such as: adjacent property owners, irrigation companies, and railroads (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. City staff will coordinate meeting times and locations, and invite attendees. For these meetings, a member of City staff will prepare the meeting agendas, as well as prepare and distribute meeting minutes. ➢ Final design coordination meetings with utility representatives (4 total) — to be attended by the consultant team's Project Manager and/or Assistant Project Manager, as well as other members of the consultant team, as necessary. The consultant team will prepare the meeting agendas, as well as prepare and distribute meeting minutes. TASK IV. BIDDING, CONSTRUCTION ADMINISTRATION, AND LOMR PREPARATION / SUBMITTAL The scope of work, budget and schedule for this task will be prepared at a later date, provided project funding is obtained. Professional services Agreement 7490 Poudre River Downtown Project Page 19 of 34 Professional: City: With Copy to: Anderson Consulting Engineers, Inc. City of Fort Collins City of Fort Collins Attn: Gregory Koch Attn: Matt Day Attn: Purchasing Dept. 375 E Horsetooth Road, Bldg 5 PO Box 580 PO Box 580 Fort Collins, CO 80525 Fort Collins, CO 80522 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 on a time and reimbursable direct cost basis with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Seven Hundred Nine Thousand One Hundred Dollars ($709,100) in accordance with Exhibit C, consisting of twelve (12) pages, attached hereto and incorporated herein. Monthly partial payments' based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the Professional Services Agreement 7490 Poudre River Downtown Project Page 2 of 34 saw', ' �; a � •,�� . �— ,� . L �' �' .,y, , +y :: _.J.;I tii,�'� t 1��� �' �ir19 T ���•.i yY 1� .tit ,• .-: . t�--_.__Y� n ��h Y ° .� i�t •v.. h 0 �+�, � j'$+r �7�4��� � tip. r: � ¢'' 4�� ,.yl it r,.;4�4 ID "f��l�I•v�i�°;y�"i{`"���� � Ir�S�L�•}l„'�'-j�-� _�. ^I� e_�.r'�f +'...`'�a' .666rrr{ 'XY..Ir•+r, if.'.1. ��.'Y '.�'.n_ EXHIBIT B WORK SCHEDULE KEY ITEMS / DESCRIPTION COMPLETION DATE TASK Kick -Off Meeting ............................................. :............................ :........... June 6, 2013 Natural Areas Open House (Open House ##1)............................ :...... :.... June 26, 2013 Dayon the River........................................................................................ July 3, 2013 DesignCharette.......................................................................................... July 9, 2013 Opportunities/Constraints Map...............................:.............................. July 31, 2613 Project Initiation Open House (Open Houses #2 and #3) ..................... August 9, 2013 Concept -Level Cost Estimate — Phase 1 Project ................................. August 27, 2013 City Council Work Session.................................................................. October 8, 2013 Design Scenario Formulation/Plan Assessment ............................... October 10, 2013 Draft Master Plan Open House (Open House 44) ......................... November 14, 2013 Prepare Master Plan Document .................................................... December 20, 2013 Final Master Plan Open House (Open House #5) ............................. January 16, 2014 TASK II Preliminary Design.......................................................................... February 27, 2014 Permitting/CLOMRApplication.......................................................... March 20, 2014 TASK III Final Design —50% Drawings................................................................. April 24, 2614 Final Design — 90% Drawings................................................................... May 29, 2014 Construction Drawings/Contract Documents...................................V... June 26, 2014 Professional Services Agreement 7490 Poudre River Downtown Project Page 21 of 34 EXHBIT C COMPENSATION PROLECT: Poudre R1urer Douvrrtown Roject tt1ENT: Clq u>1 Fore CdOm Anderson Censdr9ng Engines; be RojertaTcorn arnt Totds ACEPRORDSALAK).: COFC18 RIEPARED BY: G/K DATE 0512412013 Anders°" consulting Engineers BHA Design Bioheblmts MIIIer Ecological52°Design Welsh Envlronmerrtel Tetanka Earth Hlarorlcel Engineeting Asti soates Consultents 'SMB�RC Structural King Survgorc Task/Description Cost Cost Cost I Cast Cost Cost Cost Cost Cost cost Cost Teak I-Preperation of the Poudre River Downtown Project Master Plan' 1.1 Projectlnhiatbn $6,000 $8,000 $2,500 $2,000 $1,500 $2,000 522,000, 1.2 Data Collection, Review and Field Reconnalmrsce $8,000 .$4,000 $7,000 $1,500 $1,000 $1,000 $1,000 $23,500 1.3 Master Plan Base Map/Datebam and Oppormnitlea/Constrdnta Mapping $9,000 $5,000 $4,000 $2,500 $2,000 $3,000 $1,000 $26,500 lA Meetings,Coordination, Public Outreach and Consensus Building $15,500 $13,000 $5,000 $3,500 $3,000 $2,000 $500 $42,S00 1.S Design Scenario Formuhrtlon and Plan Assessment $19,500 $20,000 $14,000 $4,000 $4,000 $3,000 $500 $65,000 1.6 Funding Sources Identification and Budget Planning $3,000 $2,000 $1,000 $6,000 2.7 Prepare the Poudre River Downtown Project Master Plan Document $35,000 $29,000 $13,000 $2,500 1 $3,000 53,000 $2,000 $87,500 Taskl-Summeryofcosts $96000 $81,000 '$46,500 $16,000 $14,500 $14,000 $S;000; W so So i$273,000 Task II - Design Dmeb_ pment 2.1 Preliminary Design and Preliminary Construction Drawings 549,000 $38,700 $12,000 $3,500 $16,000 $2,000 '$6,000 $3000 $10,000 $140,200 22 Permitting and Conditional Letter of Map Ralston (CLOMR) $32,000 $2,200 $7,000 $1,000 $1,000 $4,000 $4,000 SS1,200 2.3 Meetingsand Coordnation .512,000 .$5,000 $4,000 $2,800 $2,200 $26,000 Task ii- Summary of Costs'. '$93,000 S45;900 $23,000- $7,300 $19,200 $6,000 $4,000 '$6,000. $3,000 $10,000 I$217,409 Task III - Construction Documents 3.1 Finalize Environmental Permitting $6,000 $500 $5,000 $1,000 $2,000 $1,000 $25,500 3.2 Grunt Funding and Budget Planning Support $7,000 $1,200 $2,000 $10,200 3.3 Final Design Drawings $62,000 533,000 $5,000 $2,600 $12,500 $21,000 1$136,300 3A Contract Documents and Specifications $18,000 $5,700 $4,000 $1,500 $29,200. 3.S Meetings and Coordination $15,000 $7,000 $2,000 $2,200 $1,500 $27,700 Task ill - Summery of Costs $108,000. $47,400, $18,000. S4;800 516,500 $2,000 $4,000. $0. $21,000 Aso ;$218,700 TOTAL P.ROhCTiBUDGET 1[$297,000 $174,300 �$87;500 $2B;300 �$50;200 $22;000 �$30;000 �a.� $24,000$ 0MIIII $709;100 Professional Services Agreement 7490 Poudre River Downtown Project Page 22 of 34 2013 GENERAL FEE SCHEDULE ANdERSON CONSU[TINCt ENqiNEERSr INC. Civil • Water Resources • Environmental Labor Category Hourly Rate Senior Principal Engineer $170.00 Principal Engineer $160.00 Senior Project Manager $130.00 Project Manager $115.00 Senior Engineer/Scientist II $110.00 Senior Engineer 1 $105.00 Project Engineer II $96.00 Project Engineer 1 $87.00 Engineer II $80.00 Engineer 1 $75.00 Senior GIS/CAD Technician $80.00 GIS/CAD Technician 11 $75.00 GIS/CAD Technician 1 $70.00 Administration $65.00 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 2013 fee schedule.docx ANdERSON CONSU[TINq ENCliNEERSr INC. Professional Services Agreement 7490 Poudre River Downtown Project Page 23 of 34 HOURLY RATES BHA Design Incorporated 4v- Labor fees for BHA Design are based on the following hourly rates: Professional Hourly Rate Principal $ 135.00 — 150.00 Senior Associate $ 95 .00—105.00 Associate/Project Manager $ 87.00 — 105.00 Landscape Architect $ 67.00 — 85.00 Administrative $ 55.00 — 78.00 Hourly Rates Professional Services Agreement 7490 Poudre River Downtown Project Page 24 of 34 BIOHABITATS 2013 HOURLY RATE SCHEDULE Labor Category Hourly Rate Principal $170.00 Project Manager $140.00 Sr. Fluvial Geomorphologist/Sr Engineer $125.00 Sr. Scientist/Planner $115.00 Engineer/Scientist $105.00 CADD/Technical Support Staff $ 85.00 Professional Services Agreement 7490 Poudre River Downtown Project Page 25 of 34 is � A .. p � � , • . RATE SCHEDULE FOR 2013 Personnel Ecologist/Modeler, Ph.D. Modeler/Engineer, Ph.D.,P.E. GIS specialist Ecologist Biologist Technician Support Staff Usage Charges Dissolved oxygen meter $25.00/day Salinity/Conductivity meter $25.00/day Velocity meter $50.00/day Survey equipment (non-GPS) $100.00/day Survey equipment (GPS) $350.00/day Electrofishing equipment Backpack $150.00/Day Shoreline/boat $350.00/Day Boat/raft $250.00/Day Invertebrate Sampling Equipment $20.00/Day Sorting $ quote based on sample Identification $ quote based on sample Instream Flow Equipment Wading $200.00/Day Boat $250.00/Day Vehicle Mileage (4X4) $ 0.50 /mile PHABSIM computer runs $ 1500.00 per site River2D model runs $ 2500.00 per site Other Direct Expenses Hourly Rate' $150 $150 $100 $75 $60 $50 $50 includes (postage, telephone, copies, travel, lodging, meals, non -reusable supplies) are billed at cost. Rates include all overhead and markup. Rates adjusted annually. Rates for expert testimony preparation for testimony and preparation of expert reports are double the usual hourly rate. Miller Ecological Consultants, Inc. (MEC) considers the data and information contained in this rate sheet to be proprietary. This rate sheet and any information contained herein or submitted or shown in any venue shall not be disclosed without prior consent of MEC and shall not be duplicated, used, or disclosed in whole or in part for any purpose including a specific projector proposal evaluation without prior consent of MEC. 2111 S. College Ave., Unit D, Fort Collins, CO 80525 • FAx 970/224-4555 • PHONE 970/224-4505 www.millereco.com Professional Services Agreement 7490 Poudre River Downtown Project . Page 26 of 34 Principal $205.00 Engineer $150.00 Landscape Architect $150.00 Office $90 Professional Services Agreement 7490 Poudre River Downtown Project Page 27 of 34 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS, LLC 2013 BILLING RATES Title: Billing Rate: Environmental/ CERCLA: Troy Sanders, P.G., C.H.M.M. Senior Project Manager $140/hr Michael Castell Environmental Scientist $105/hr Christopher Krajicek, P.G. Geologist $95/hr Joshua DeKrey Asbestos PM/ Building Inspector $85/hr River/ Eco: Julie Ash, P.E. Senior Water Resource Engineer $145/hr Susan Nordstrom, R.L.A. Senior Landscape Ecologist $135/hr Dr. Carron Meaney Senior Wildlife Biologist $135/hr Professional Services Agreement 7490 Poudre River Downtown Project Page 28 of 34 TATANKA HISTORICAL ASSOCIATES, INC. 2013 HOURLY RATE SCHEDULE Labor Category Principal Hourly Rate $100.00 All reimbursable expenses such as communications, equipment rental, materials, shipping and reproduction will be charged at cost. Professional Services Agreement 7490 Poudre River Downtown Project Page 29 of 34 City's approval of the Professional's actual reimbursable expenses. 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 shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the 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 Professional Services Agreement 7490 Poudre River Downtown Project Page 3 of 34 Earth Engineering Consultants, LLC FEE SCHEDULE FOR EXPLORATION AND ENGINEERING EVALUATION PROFESSIONAL AND TECHNICAL PERSONNEL - HOURLY RATES Senior Project Engineer (P.E.)................................................................................. $125.00/hr Project Engineer(P.E.)...............................................................................................105.00/hr FieldEngineer..............................................................................................................82.00/hr Level III Engineering Technician................................................................................. 66.00/hr Level II Engineering Technician.................................................................................. 52.00/hr Mileage.................................................................... (Current Federal Reimbursement Rate) LABORATORY TESTING The outlined test items represent commonly requested laboratory test procedures for exploration and engineering services. Testing for a much greater range of procedures can be completed by EEC laboratories and fees for additional items can be provided on request. Unconfined Compressive Strength...................................................................... $50.00/ea DryDensity............................................................................................................15.00/ea Moisture Content/Visual Classification.................................................................15.00/ea AtterbergLimits.....................................................................................................50.00/ea Hydrometer Analysis with Gradation..................................................................250.00/ea Swell/Consolidation............................................................................................... 50.00/ea Gradation Analysis - NOT WASHED* Greater than 3" maximum size ........................................:............ quoted per material 3" to 1" maximum size................................................................................. I I0.00/ea Less than 1" maximum size...........................................................................75.00/ea *Add $35.00 per sample for -200 wash StandardProctor...................................................................................................100.00/ea ModifiedProctor..................................................................................................120.00/ea Subcontracted Analytical Testing.....................................................................Cost + 15% SUBSURFACE EXPLORATION/FIELD SERVICES Subcontracted Drilling Services..................................................:.....................Cost + 15% FieldEngineer...................................................................................................... $82.00/hr Materials............................................................................................................Cost + 15% FieldResistivity................................................................................................... $82.00/hr January 1, 2013 Professional Services Agreement 7490 Poudre'River Downtown Project Page 30 of 34 Earth Engineering Consultants, LLC FEE SCHEDULE FOR CONSTRUCTION OBSERVATION / MATERIALS TESTING PROFESSIONAL AND TECHNICAL PERSONNEL - HOURLY RATES Senior Project Engineer(P.E.)...............................................................................................$125.00/hr ProjectEngineer(P.E.)...................... '...................................................................................... 105.00/hr FieldEngineer...........................................................................................................................82.00/hr Level III Engineering Technician..............................................................................................66.00/hr Level II Engineering Technician................................................................................................52.00/hr Mileage..................................................................................... (Current Federal Reimbursement Rate) LABORATORY TESTING - Materials FOB EEC Laboratory The outlined test items represent commonly requested laboratory test procedures for construction. Testing for a much greater range of procedures can be completed by EEC laboratories and fees for additional items can be provided on request. Soils and Aeereeate StandardProctor..............................................................................................................$100.00/ea ModifiedProctor...............................................................................................................120.00/ea RelativeDensity................................................................................................................175.00/ea AtterbergLimits..................................................................................................................50.00/ea Moisture Content/Visual Classification...............................................................................15.00/ea Swell/Consolidation............................................................................................................50.00/ea Specific Gravity Fine..........................................................................................................................$85.00/ea Coarse.........................................................................................................................85.00/ea Minus200 Wash.................................................................................................................35.00/ea Gradation Analysis - NOT WASHED* Greater than 3" maximum size..................................................................quoted per material 3" to 1" maximum size...........................................................................................$110.00/ea Less than 1" maximum size........................................................................................75.00/ea Hydrometer Analysis (inc. gradation)...............................................................................250.00/ea *Add $35.00 per sample for minus 200 Wash HveemR-Value...............................................................................................................$350.00/ea Concrete and Masonry Concrete Compressive Strength (includes disposable cylinders)......................................$20.00/ea Core Strength (2" to 6" dia, coring and trimming extra).....................................................50.00/ea CoreDensity.......................................................................................................................45.00/ea Mortar Compressive Strength.............................................................................................25.00/ea Grout Compressive Strength...............................................................................................50.00/ea Hollow Prism Compressive Strength................................................................................150.00/ea Solid Prism Compressive Strength....................................................................................200.00/ea Asphalt Bitumen Content — Ignition Oven...................................................................................$100.00/ea Bitumen Content & Gradation..........................................................................................175.00/ea Core Density (Already Trimmed)........................................................................................45.00/ea Rice Value Determination...................................................................................................70.00/ea Volumetric Testing (3 Points w/ Rice)..............................................................................325.00/ea January I, 2013 Professional Services Agreement 7490 Poudre River Downtown Project Page 31 of 34 Structural Engineers Inc. 215 S. Wadsworth Blvd, Suite 320 j Lakewood, CO 80226 Ph:303.274.8656 1 Fax:303.484.3777 wwwsm restructures.com FEE SCHEDULE 2013 Labor: Senior Engineer = $115/hr. Engineer = $95/hr. Designer/CADD = $70/hr. Administrative Assistant = $35/hr. Analysis • Design • Design Drawing Preparation • Technical Specification Preparation • Project Coordination • Construction Support Professional Services Agreement 7490 Poudre River Downtown Project Page 32 of 34 aloe 0 a KING SURVEYORS, INC. a Standard Hourly Rate Schedule December 08, 2012 Registered Land Surveyor $91.00/hr. Project Manager $80.00/hr. Draftsman: Senior CAD Technician CAD Technician I CAD Technician II Field: Senior Surveying Technician Surveying Technician I Surveying Technician II Crew Rate (2-man) GPS Crew Expert Witness Clerical A.T.V. Copies: 8Y2X11" 8Y2X14" 11 X 17" 18 X 24" Prints 24 X 36" Prints 24 X 36" Mylars (RLS) (PM) $76.00/hr (SR Cad) $70.00/hr. (Draft I) $65.00/hr. (Draft II) $76.00/hr. $70.00/hr. $65.00/hr. $133.00/hr $130.00/hr $180.00/hr $33.25/hr. $19.00/hr. $0.15/copy $0.20/copy $0.25/copy $1.50/copy $2.00/copy $8.00/copy (SR Tech) (S Tech 1) (S Tech II) (2-man) (GPS Crew) (EW) (Cler) **All copies & meetings are billed in addition to estimates, unless otherwise noted.** **All fees are subject to change without notice** King Surveyors qualifies as a Small Business 650 FAST GARDEN DIZI\'E I WINDSOR, COLOR IDO 80550 1 P. 970.686.5011 1 F. 970,686.5821 WNNIN'. N I NGSURVEYORS. COTNI Professional Services Agreement 7490 Poudre River Downtown Project Page 33 of 34 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement 7490 Poudre River Downtown Project Page 34 of 34 DMr _ .. CERTIFICATE OF LIABILITY INSURANCE U022 06-20D2013 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 INSUREMSI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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). PRODUCER CONTACT NAME VAN GILDER AGCY CO/A&E PRGM/PHS PHONE FAX IAIC " (866)467-8730 A/C, Nn): (877)905-045 343366 P: (866)467-8730 F: (877)905-0457 -C-Mnli°E"' PO BOX 33015 ADDRESS: INSURERS) AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A: Hartford Ins Co of the Midwest INSURED INSURER B: INSURER C ANDERSON CONSULTING ENGINEERS, INC. 375 E HORSETOOTH RD BLDG 5 INSURER D: FORT COLLINS CO 80525 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: 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. INSR LTR TYPE OF INSURANCE DD INSR SUER WVD POLICY NUMBER POLICY EFF fMM/DD/YYYYI POLICY EXP IMM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMA-G R NTED PREMISES Its occurrence) $ CLAIMS -MADE F—IOCCUR MED ESP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: POLICY O PRO- ❑ LOC JECT PRODUCTS- COMPIOP AGO $ $ AUTOMOBILE LIABILITY NED SINGLE LIMIT $ INJURY (Per Denser) $ ANYAUTOALL r(Eaaccident) INJURY (Per accident) I, OWNED SCHEDULEDAUTOS AUTOS AUTOS NON -OWNED AUTOS TY DAMAGEHIRED ident) 5 5 UMBRELLA LAB OCCUfl EACH OCCURRENCE $ EXCESS LlAe CLAIMS MADE ❑ AGGREGATE $ DED RETENTION s $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X WC STATU- OTH T RVLIMITS ER E.L. EACH ACCIDENT s 1, 000 000 A ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEM BER EXCLUDED} N/A 34 WEG KD0066 01/01/2023 01/01/2019 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandefon, ur NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES /Attach ACORD 101, Additional RamerRs Schedule, B more space a repaired, Those usual to the Insured's Operations. Job 47490 Poudre River Downtown Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Ft Collins DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHOR/ZED REPRESENTATIVE 4 PO BOX 580 FORT COLLINS, CO BOS22 7, _ 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YY) 6/20/2013 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 endorsements . PRODUCER NTA T NAME: Michael J Hall & Company PHONE FAX - - Arc No : - - Michael J Hall & Company 1Hall96 & Company 9660 10th Ave NE EMAIL ADDRESS. I INSURERS AFFORDING COVERAGE NAICN Poulsbo WA 98370 INSURER A:NayigatQrs Insurance Company 42307 INSURED 739 INSURER B INSURER C: Anderson Consulting Engineers Inc 375 E Horsetooth Rd, Bldg 5 Fort Collins CO 80525 INSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1293246975 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. INSR LTR TYPE OF INSURANCE ADDESUOR INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY E%P MMIDDIYYYV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea gccunence $ CLAIMS -MADE OCCUR NED EXP(Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 17 POLICY r7 PRO- LOG $ AUTOMOBILE LIABILITY EUMBIN a accident BODILY INJURY (Per person) _ $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per awdent $ NON -OWNED HIRED AUTOS AUTOS 8 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTIONS S WORKERS COMPENSATION VvC STATU- OTH- AND EMPLOYERSLIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE❑ E.L. EACHACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS eel. E.L. DISEASE -POLICY LIMIT $ A Professional Liab;Claims Made M13DPL022684IV 11/2013 11/2014 $2,000,000 Per Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANacU ACORD 101, Additional Remarks Schedule, if more space Is required) Individual/Attn to: John Stephens ProjecVJob Name: 7490 Poudre River Downtown Project 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 n 19RR-2010 ACORn CORPORATION All rinhte ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD DM �-� CERTIFICATE OF LIABILITY INSURANCE D022 DATE (MMIDDIYYYY) 06-20-2013 THIS CERTIFICATEIS 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 SUBROGATIONIS 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). PRODUCER CONTACT NAME. VAN GILDER INSURANCE CORP/PHS PHONE CNNo E.t: ( 866 ) 467 - 873 0 FAXNol: (877)905-045 -E-MAIL 341438 P:(866)467-8730 F:(877)905-0457 PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURERS) AFFORDING COVERAGE NAIL# INSURERA: Hartford Casualty Ins CO INSURED INSURER B: INSURER C: ANDERSON CONSULTING ENGINEERS, INC. 375 E HORSETOOTH RD BLDG 5 INSURER D: INSURER E: FORT COLLINS CO 80525 INSURER F COVERAGES CERTIFICATE NUMBER: 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. /NSF TYPE OF INSURANCE DDL SUDR POLICY EFF Po[/CV EXP LIMITS LTR INSR WVD POLICY NUMBER lMM/DD/YYYYI (MM/OD/YYYYI GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR X General Llab 34 SBW KC5665 12/28/2012 12/28/2013 DAMA E TO HuNT D PREMISES To occurrencei s 300,060 MED EXP (Any one person) a 10,000 PERSONAL & ADV INJURY s 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE I LIMIT APPLIES PER: RO E LOC POLICY PFCT PRODUCTS - COMPIOP AGG s 2 000 000 a AUTOMOBILE LIARIIITY COMBINED SINGLE LIMIT Ea accident) a 1, QQQ , 000 BODILY INJURY (Per P.,a.nl $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS NNON-OWNED AUTOS 34 SBW KC5665 12/28/2012 12/28/2013 BODILY INJURY (Par accident) a PROPERTY DAMAGE Per accident) a s X UMBRELLA IIAB }�' CCUR OLAIMS-MADE EACH OCCURRENCE a A EXCESSLIAB C 34 SBW KC5665 12/28/2012 12/28/2013 AGGREGATE a 81 000 000 DE X RETENTION a 10,000 a WORKERS COMPENSATION AND EMPLOVERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICE IIMEMBER EXCLUDED? �' mr MA NIA❑ WC SEATO - OTH- TORY LIMITS ER E.L. EACH ACCIDENT a E.L. DISEASE - EA EMPLOYE a If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 a DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES /AHach ACORD 101, Addloonal RemaM1a ScheJo/a, K mom space is mVudeEl Those usual to the Insured's Operations. Job #7490 Poudre River Downtown Project The City of Ft Collins is named as an additional insured as per the business liability coverage form #SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Ft Collins DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ` PO BOX 580 FORT COLLINS, CO 80522 7a2_ X 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 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, Professional Services Agreement 7490 Poudre River Downtown Project Page 4 of 34 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 illegal alien; and Professional Services Agreement 7490 Poudre River Downtown Project Page 5 of 34 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7490 Poudre River Downtown Project Page 6 of 34 THE CITY OF T COLL NS, COL DO cif:'• •,, By: Gerry S. P EADirector of Purchasing & Risk Management L. DATE: �3 G1 City Clerk APPROVED AS TO FORM Assists t Fy�Xtt6rliey ANDERSON CONSULTING ENGINEERS, INC. By. Title: VIA �T CORPORATE PRESIDENT OR VICE PRESIDENT Date: aS/�/7-05113 ATTEST:: /�y �l/� (Corporate Seal) �j515�Corporate Secretary Professional Services Agreement 7490 Poudre River Downtown Project Page 7 of 34 EXHIBIT A SCOPE OF WORK TASK I. PREPARATION OF THE POUDRE RIVER DOWNTOWN PROJECT MASTER PLAN The intent of Task I will be to develop a long term vision for the Poudre River Downtown Project. It is anticipated that the final product of Task I will be a Master Planning document that presents this vision for the reach of the Poudre River extending from Mulberry Street upstream to Shields Street; Figure 1 identifies the anticipated study area for the planning portion of this project. The Master Plan document will include: (a) identification of goals and objectives; (b) plan view diagrammatic/schematic maps with narrative description of improvements; (c) typical channel/floodplain cross sections to illustrate improvement concepts; (d) prototypical site plans and perspective character sketches of key elements of the plan; and (e) definition of guidelines and standards necessary to achieve the plan's goals and objectives. While this document will identify a preferred plan of improvements, the plan -level improvements, guidelines and standards will focus on meeting goals and objectives, allowing for flexibility in specific improvement measures as future projects are implemented. The following is a summary of tasks anticipated to complete Task I. TASK 1.1 PROJECT INITIATION BHA will conduct two meetings with members of the Park Planning Staff (Matt Day, Craig Foreman, Marty Heffernan, and LeaAnn Haisch) to discuss the Recreational Master Plan visioning and design process, with specific emphasis on big idea/concept planning for both Lee Martinez Park and Legacy Park. If possible, one or both of these meetings will take place prior to the Open House on June 26th. Task includes preparation of presentation materials for a parks and rec board meeting. Key members of the consultant team will attend a kick-off meeting with City staff and the River Team. The meeting agenda will include discussion items related to: project vision, goals and objectives, expectations, opportunities and constraints, public outreach, identification of stakeholders, project schedule, and other pertinent topics. For the kickoff meeting, the consultant team will prepare the meeting agenda, as well as prepare and distribute meeting minutes. ➢ Core members of the consultant team will spend a day on the river to inventory the site, discuss the project vision, and identify issues, constraints and opportunities; with City staff attending, as desired. ➢ The Project Manager (ACE) and/or the Assistant Project Manager (BHA) will attend meetings with adjacent property owners (up to 6 meetings). City staff will coordinate meeting times and locations, and invite attendees. For the property owner meetings, a member of City staff will prepare the meeting agendas, as well as prepare and distribute meeting minutes. Core consultant team members will coordinate with City staff to outline the preliminary vision and goals for the planning study. TASK 1.2 DATA COLLECTION, REVIEW AND FIELD RECONNAISSANCE Data collection and review will include the following documents and information: Natural Areas Poudre Management Plan and Natural Areas vegetation assessment data • Available natural resources information for plant communities, habitat features, , l Professional services Agreement 7490 Poudre River Downtown Project Page 8 of 34 geology, soils, surface drainage, wetlands, invasive species, and special status species • 2011 GOCO Grant application • Hydrogeologic, geotechnical, and soil reports in the vicinity of the study reach • CERCLA Handbook for the Aztlan Site • Poudre River Master Drainageway Plan • Poudre River flows, both high and low under various conditions • Water Rights (e.g., recreational in -channel water right at the Coy Ditch structure and Lake Canal water rights) • Corridor Planning Studies (Lincoln Avenue, N. College Plan, and others, as available) • Poudre River Recreational Inventory and Analysis • Existing access plans for vehicle, pedestrians, and floating craft • Nearby redevelopment and infill plans relevant to the river project • Land Use/Master Plans for areas surrounding the river (i.e., Downtown River District) • Analysis of habitat connectivity (using existing CSU GIS data and CNHP data) • Ecological Response Model and documentation • ACE Poudre River Feasibility Memo • CLOMRs/LOMRs relevant to the study reach (Boat Chute, Oxbow Levee/Removal Action, LinkN-Greens, McMurry Natural Area, Shields Street Bridge, Block 1 and Mulberry Bridge) • Effective FEMA Flood Insurance Study (FIS) • Available topographic mapping and survey data, including RiskMap data • As -built drawings of existing bridges, diversion/drainage structures, trails, and other adjacent appurtenances ➢ Field Reconnaissance efforts will include the following: • Identify gaps in existing data and formulate Field Reconnaissance Plan • Field verify key items identified from existing information above • Inventory of natural resources not provided in existing information, including: — vegetative communities and wildlife habitat, including invasive species and species of concern — ecological connectivity (corridors, patches, matrix) — in -channel aquatic habitat features, as well as impediments to aquatic habitat and flow — floodplain and riparian buffers — wetlands, springs, seeps, and groundwater recharge areas • Inventory of geomorphic features, including: (a) depositional features, (b) evidence of changes in channel bed levels; (c) identification of both grade controls and horizontal controls; (d) areas of bank instability/retreat, (e) areas of bank stabilization (both designed and dumped materials); and (f) evidence of inundation levels . • Inventory of recreation features and circulation • Inventory of floodplain, drainage patterns, outfalls, and flood control features • Identification of brownfields and possible locations of potentially hazardous material • Identification of all historical resources within the study reach Professional Services Agreement 7490 Poudre River Downtown Project Page 9 of 34