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HomeMy WebLinkAbout522646 TSIOUVARAS SIMMONS HOLDERNESS INC - CONTRACT - AGREEMENT MISC - PEDESTRIAN BRIDGE DESIGN SERVICES FOR POUDRE RIVERPROFESSIONAL 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 TSIOUVARAS SIMMONS HOLDERNESS, 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 six (6) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. 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 March 15, 2014. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. 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: Services Agreement Page 1 of 18 L Project initiation/kickoff meeting (1 meeting in Fort Collins) ii. Design Review and Coordination Meetings (3 meetings in Fort Collins) iii. Stakeholder meetings with the City and CDOT (2 Meetings, Location TED) iv. Internal design meetings (3 meetings for structural designers at TSH) v. FIR meeting (1 meeting in Fort Collins) b. PROJECT MANAGEMENT Ongoing project management is anticipated throughout the preliminary design phase and will include the development and upkeep of a project design schedule, coordination between different disciplines, maintaining communication with the City, maintaining communication with CDOT, and periodic billing and progress reports. c. PRELIMINARY STRUCTURES DESIGN The preliminary structures design will involve the selection of a recommended structure type. The recommended structure type will be detailed to show the general layout as identified by the CDOT Bridge Detail Manual. This layout will identify general features of the design including layout dimensions and clearance over the highway. A type selection memorandum will be developed that documents the preliminary design of structure alternatives and the costs associated with the alternatives. This scope anticipates that up to two alternatives will be investigated and evaluated for feasibility and cost. The evaluated structures will be developed through meetings with the City and potentially a third party landscape architecture firm contracted separately with the City. The memorandum will document the design decisions from up to two additional meetings with the City and CDOT to understand project criteria and the requirements for acceptance of the structure over 1-25. The goal of the preliminary design is to identify a structure that accomplishes the goal of spanning 1-25 with a portion of the span from the existing pedestrian bridge, meets budget constraints, satisfies CDOT's requirements for a structure over 1-25, and identifies the basic geometry of the structure for final design. The proposed structure is expected to be symmetrical in nature and be a single span with cast -in -place concrete abutments cantilevering to support the existing prefabricated truss pedestrian bridge. d. DELIVERABLES The following items are the projected deliverables for the preliminary design: i. Plan depicting the General Layout of the proposed bridge Services Agreement Page 10 of 18 H. Plan depicting the Typical Section of the proposed bridge iii. Memorandum identifying the recommended structure type, design criteria and preliminary construction cost estimate for structure alternatives 5. TASK ORDER 42 FINAL BRIDGE DESIGN Task order 2 is intended to develop the design and plans for the pedestrian bridge to a CDOT FOR (Final Office Review) level submittal (approximately 90°% design level) and complete necessary revisions to complete structural plans and specifications for project bidding. a. PROJECT MEETINGS The following meetings are assumed for Task order #2. i. Design Review and Coordination Meetings (3 meetings in Fort Collins) ii. Stakeholder meetings with the City and CDOT (2 Meetings, Location TED) iii. Internal design meetings (3 meetings for structural designers at TS.H) iv. FOR meeting (1 meeting in Fort Collins) b. PROJECT MANAGEMENT Ongoing project management is anticipated throughout the final design phase and will include the upkeep of a project design schedule, coordination between different disciplines, maintaining communication with the City, maintaining communication with CDOT, and periodic billing and progress reports. c. FINAL STRUCTURES DESIGN The final design of the structure will encompass the documentation of design calculations, verification of the design through an independent design check, and provide plans and specifications necessary for the FOR level submittal. The final structures design scope and estimate is based upon the acceptance of the recommended structure type from the preliminary design memorandum. Plans will follow the CDOT Bridge detail manual and be completed using Microstation with the current version of the CDOT workspace. Specifications will follow a CDOT format and be consistent with the CDOT Standard Specifications for Road and Bridge Design 2012. Plan development assumes 21 plan sheets will be necessary to document the new structure. The following sheets have been identified: B1 — GENERAL NOTES & QUANTITIES B2—GENERAL LAYOUT B3 — TYPICAL SECTION B4—ENGINEERING GEOLOGY B5—CONSTRUCTION LAYOUT B6 — FOUNDATION LAYOUT B7—ABUTMENT 1 PLAN AND ELEVATION Services Agreement Page 11 of 18 68—ABUTMENT 2 PLAN AND ELEVATION B9—ABUTMENT DETAILS (1 OF 2) 810 — ABUTMENT DETAILS (2 OF 2) B11— W INGWALL DETAILS B12— POST TENSIONING DETAILS (1 OF 2) B13— POST TENSIONING DETAILS (2 OF 2) B14— MISCELLANEOUS DETAILS B15 —APPROACH SLAB DETAILS B16— PEDETRIAN RAILING DETAILS B17 —EXCAVATION AND BACKFI LL B18 — BACKFILL DETAILS B19— EXPANSION DEVICE DETAILS B20—AESTHETIC DETAILS (1 OF 2) B21 —AESTHETIC DETAILS (2 OF2) d. DELIVERABLES The following items are the projected deliverables for the final bridge design: I. Plans and specifications for the FOR submittal ii. Corrections to plans and specifications resulting from comments arising from the FOR submittal. iii. Bound structural calculations sealed by a professional engineer. iv. Bound independent design calculations sealed by a professional engineer. 6. TASK ORDER #3 PROJECT PROCUREMENT SERVICES Task order 3 is intended to assist in the project bidding process. a. PROJECT MEETINGS I. Coordination Meeting (1 meeting in Fort Collins) b. PROJECT MANAGEMENT Ongoing project management is anticipated throughout the project procurement phase and will include maintaining communication with the City, maintaining communication with CDOT, and periodic billings and progress reports. c. AD PLANS Prior to advertisement for construction bids, TSH will assist in assembling the entire set of plans together from all the disciplines producing plan sheets for the project. This will include checking sheet cross references, tabulating quantities, providing a final cost estimate and assembling electronic and hard copies for records and bidding purposes. d. AD SPECIFICATIONS Prior to advertisement for construction bids, TSH will assist in assembling the entire set of project specifications together from each of the disciplines producing specifications for the project. This will include providing a table of contents for the Project Special Provisions and the Standard Special Provisions to the COOT Standard Specifications for Services Agreement Page 12 of 18 Road and Bridge Construction 2011, verifying cross references, and verifying the methods of payment between the quantities on the project and the specifications. Electronic copies and hard copies will be produced for records and bidding purposes. e. BIDDING ASSISTANCE Once plans and specifications are approved for advertisement TSH will assist the City by providing contractors with electronic copies of plans and specifications or, upon request, hard copies of plans a specifications. Costs for reproducing and providing hard copies will not be paid for by the City, but via direct payment from the contractors to TSH. Actual advertisement of the project will be the responsibility of the City. TSH will be available to assist in up to five (5) project showings to the contractors during bidding. In addition to project showings TSH will be available to answer questions related to the project and bidding. For cost purposes, fifteen (15) questions have been assumed. Bid openings, awarding the project, and contracting with the winning bidder will be the responsibility of the City. f. DELIVERABLES The deliverables for task order 4 are the following: i. Project Plans and Specifications for bid advertisement ii. Engineers Estimate of Construction cost iii. Procurement documents for contractors iv. Project Showings and responses to questions during bidding. period 7. TASK ORDER #4 TECHNICAL CONSTRUCTION SUPPORT Task order 4 is intended to provide technical assistance throughout construction. a. PROJECT MEETINGS i. Pre -Construction Meeting (1 meeting in Fort Collins) ii. Pre -Erection Meeting (1 meeting on site) b. PROJECT MANAGEMENT Ongoing project management is anticipated throughout the technical construction support phase and will include maintaining communication with the City, maintaining communication with COOT, and periodic billings and progress reports. c. CONSTRUCTION SERVICES The services anticipated for this task order include the review of shop drawings and working drawings for the structural components of the project as defined by table 105-1 of the CDOT Standard Specifications for Road and Bridge Construction 2011. The actual items will be determined prior to bid, but for the purposes of this scope the following items have been identified for review. i. Shop Drawing— Post -tensioning items Services Agreement Page 13 of 18 ii. Shop Drawing— Post -tensioning elongation calculations iii. Shop Drawing— Bearing Devices iv. Working Drawing— Pedestrian railing v. Working Drawing —Abutment Reinforcing Steel vi. Working Drawing —Caisson Reinforcing Steel vii. Working Drawing— Abutment Backfill viii. Working Drawing— Expansion Device ix. Working Drawings for modifications to existing pedestrian bridge Responses to shop drawings and working drawings will be provided via PDF format through a secure FTP site. In addition to the shop and working drawings the following items are anticipated and included services TSH will provide: x. Field review of post -tensioning operations (1 day on site) xi: Review of pedestrian bridge erection plans xii. Field review of pedestrian bridge erection operations (1 night on site) xiii. Site visits for miscellaneous issue resolution (2 trips to site) xiv. RFI's and general construction questions d. DELIVERABLES The deliverables for task order 4 are the following: i. Maintaining shop and working drawing logs ii. Responses to shop drawings iii. Acknowledgement of receipt of working drawings and responses when necessary iv. Comments to erection plans v. Responses to construction RFI's and general construction questions 8. POTENTIAL ADDITIONAL SERVICES TSH can additionally assist the City of Fort Collins with construction services including field inspectors upon request. If desired, the scope of work may be modified to include these services. 9. This scope of work was determined using the best information as of May 17, 2013 and corresponds with the Project Work Hour and Cost Estimate attached. Items outside of this scope or determined to be different than the provisions provided herein may be cause for additional costs or addendums to this scope. Payment for services will be completed in a cost plus fixed fee format utilizing fees audited and accepted by the Colorado Department of Transportation in 2013. Services Agreement Page 14 of 18 1 - -4 — — — — — - — - a r IS i- Nl M A ci zw. ml .4 1 I t I` 14 1�a Vl ti tll 0 1 fjVic'- g izi It- el 01 1 co $14" I� r 8888 S I .gg1!—tl, �I,y - 8888 ^I F m I RBRR ti ' 88R� F NO cd I f.I a Sb YE i fw � I LI 1 •H RAM 8 `ni F sRr eAo 'oRR`o dAo -_-mRa d g sI »I _ - s! »I sl a a o I " 9 y ? s 1 I i I I� I I�sl i I I I Pi I I d I I 991 i I t I Irl fil Ea I� £ �IR e�lyl I g aIF Jim e= % 1 Ifi fil I I I [£ I LBF, ((F �IOIyp.£p�y yl I$R.¢PPI pE O Ly,' c!L � £Y yly I I �y1IFlE yIy NI;I; 11; I; I I � I II III I11:_ IIiI III I I I II I�I IIi I III IIIII 00 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Professional Services Agreement Page 17 of 18 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City') pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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 Page 18 of 18 ACORO® CERTIFICATE OF LIABILITY INSURANCE 111 DATE (MM DD YYYY) 7/9/2013 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 endorsemen s . PRODUCER CONTACT NAME: Sheree Zamardpa PHONE uc Np Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 -MAIL ADDRESS: INSURE $ AFFORDING COVERAGE NAIC If INSURER AHARTFORD INSA37478 INSURED TSISIM INSURER B: ARTF RD UNDERWIR 30104 INSURER C:Hudson Insurance Company 5 54 Tsiouvaras Simmons Holderness, Inc. INSURERD: dba: TSH Engineering, Inc. 5690 DTC Blvd., Level 3, Suite 345W Greenwood Village CO 80111 E: IINSURER NSURER F COVERAGES CERTIFICATE NUMBER: 813982720 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 REOUIREMENT, 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 rypE OF INSURANCEADDLSUBR INSR We POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMrrDDNYYY1 LIMITS B GENERAL LIABILITY Y Y 34SBWPN7986 /1Y2013 11/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGET RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE 1XI OCCUR MED EXP(My one person) $10,000 PERSONAL B ADV INJURY $2,000,000 GENERALAGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $4,000,000 $ POLICY X PRO- LOC B AUTOMOBILE LIABILITY Y Y 34UEGKW8167 /1/2013 /1/2014 Ea accident $1,000,000 BODI LY INJURY (Per parson) $ % ANY AUTO ALL OWNED F7 SCHEDULED AUTOS AUTOS BODILY INJURY (Par accident) $ PROPERTYDAMAGE Peraodtlenl $ NON -OWNED HIRED AUTOS AUTOS 8 B X UMBRELLA LIAR % OCCUR 34SBWPN7986 /1/2013 /112014 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000.000 EXCESS LIAB CLAIMS -MADE 1 DED I % I RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILMY YINCRY Y 4WEGBP6275 11/2013 /1/2014 X I WC STATU- I OTH- LIM ANY PROPRIETOR/PARTNERIEXECUTNE❑ E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional Liability EE7131808 11/2013 /1/2014 Per Claim $2,000.000 Claims Made Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace is required) If required by written contract or written agreement, the following provisions apply subject to the policy terms, Conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory, basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella Liability and Workers' Compensation. Limited Contractual Liability is included. The Umbrella Liability policy provides excess coverage over the General Liability, See Attached... City of Fort Collins Attn: Purchasing Dept. P.O. 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. AUTHOR REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Professional: City: Copy to: Tsiouvaras Simmons City of Fort Collins City of Fort Collins Holderness Inc. Attn: Jason Stutzman Attn: Purchasing Dept. Attn: Jeff Simmons PO Box 580 PO Box 580 5690 DTC Blvd., Suite 345 W Fort Collins, CO 80522 Fort Collins, CO 80522 Greenwood Village, CO 80111 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. 4. 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, in accordance with Exhibit C consisting of one (1) page, attached hereto and incorporated herein. 5. 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, as per the attached Exhibit "B", consisting of two (2) page, and incorporated herein by this reference, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Seventy -Four Thousand Four Services Agreement Page 2 of 18 AGENCY CUSTOMER ID: TSISIM LOC #: ACORO® ll%/ ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Van Gilder Insurance Corp. Tsiouvaras Simmons Holderness, Inc. dba: TSH Engineering, Inc. 5690 DTC Blvd., Level 3, Suite 345W POLICY NUMBER Greenwood Village CO 80111 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability and Employers Liability. le: 1-25 Pedestrian Bridge Isured: The City of Fort Collins, its officers, agents and employees. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All riahts The ACORD name and logo are registered marks of ACORD Hundred Twenty -Eight Dollars and Forty -Eight Cents ($174,428.48). 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. 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. Services Agreement Page 3 of 18 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 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. Service Provider may, however, subcontract the [... j work or other portions of the Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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 Services Agreement Page 4 of 18 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 parry'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, 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. Services Agreement Page 5 of 18 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 2. Terminate the subcontract with the subcontractor if within three days of receiving Services Agreement Page 6 of 18 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" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Services Agreement Page 7 of 18 THE CITY O OR COLL S OLORADO By: Gerry Paul Director of Purchasing & Risk Management y pFF qL ATTEST: ' z City Clerk A P ROVEROTO FORM: 7City Attorne TSIOUVARAS SIMMONS HOLDERNESS, INC. By: �n Title: %l G t l�.�ES�Ot�fi— CORPORATE PRESIDENT OR VICE PRESIDENT Date: 7- �/ 43 ATTEST: f�—llirti '— (Corporate Seal) Coco ptary Services Agreement Page 8 of 18 EXHIBIT A SCOPE OF WORK 1. PROJECT BACKGROUND AND GOAL The City of Fort Collins trail system does not have a connection to the neighboring trail system of Timnath in the area near the Cache La Poudre River and 1-25. This project proposes placing a pedestrian bridge over 1-25 just south of the freeway bridges over the river. The intent of the project is to use one half of the existing pedestrian bridge over the Poudre River at Mulberry Street (SH 14) that is being replaced as part of the Colorado Department of Transportation project replacing SH14 over the river. The existing pedestrian bridge segment to be used was manufactured by Big R Bridge and resembles their Half -Through, Underhung, Prefabricated Truss. The truss is approximately 165 feet long and 11 feet wide. The roadway section of 1-25 in its current configuration is less than what is proposed for the ultimate section identified in the North 1-25 Environmental Impact Statement Record of Decision. The proposed bridge is intended to span the ultimate configuration. To do this the span will be extended beyond the 165 foot length through the use of cantilever supports. This scope of work details the effort necessary to provide structural design, plans, and specifications to design for the construction of the cantilever support abutments for the reused steel truss bridge. 2. ANTICIPATED PROJECT WORK DURATION The anticipated time period for the work described in this scope is estimated to begin in June/2013 and end in February/2014. 3. ROLES AND RESPONSIBILITIES A variety of tasks or disciplines are anticipated on this project. The following list identifies each role and the party responsible for the completion of the work: a. Ground and existing structures survey by others b. Utilities survey and potholing by others c. Path and approach design engineering by others d. Drainage design engineering including Storm Water Management Plans by others e. Geotechnical investigation and engineering by others f. Landscape Architecture by others g. Structural Engineering and design I. Existing Structure retrofit design by the fabricator ii. New cantilever structure design by Tsiouvaras Simmons Holderness h. Existing Structure Certification by the fabricator or others 4. TASK ORDER #1 DESCRIPTION OF WORK The initial task order is intended to develop the design and plans for the pedestrian bridge to a CDOT FIR (Field Inspection Review) level submittal (approximately 30%design level). a. PROJECT MEETINGS The following meetings are assumed for Task order #1. Services Agreement Page 9 of 18