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HomeMy WebLinkAbout450506 DITESCO LLC & 150670 STANTEC INC - CONTRACT - RFP - 7515 CONSULTING ENGINEERING SERVICES FOR FUTURE WAPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 Stantec Consulting Services 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 any project Work Orders, negotiated as services are needed, for 7515 Consulting Engineering Services for Future Water, Wastewater & Stormwater Facilities Capital Improvements, issued by the City and in accordance with the Scope of Services attached as Exhibit A, consisting of one (1) page and incorporated herein by this reference. A blank sample of a Work Order is attached hereto as Exhibit B, consisting of one (1) page and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A and issued Work Orders to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 1 of 17 EXHIBIT A SCOPE OF SERVICES Consultant is to provide engineering consultation services during the assessment, design and construction phases of water, wastewater, and stormwater infrastructure improvement and rehabilitation projects. Included are studies, engineering design, surveying and construction management services for projects as they are required. Projects may be related, but not limited to water pipelines, stormwater and sanitary sewer pipelines, drainage channels, detention ponds, improvements at the City's Water Treatment Facility and Water Reclamation Facilities, and development and modification of water distribution and wastewater collection systems models. The Consultant will participate in the City of Fort Collins Utilities' Alternative Product Delivery System (APDS) during the design and construction phases of future projects. Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 10 of 17 EXHIBIT B WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of _ U pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional M Date: City of Fort Collins By: Project Manager Date: By: Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 11 of 17 EXHIBIT C INSURANCE REQUIREMENTS The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 12 of 17 EXHIBIT D FEE SCHEDULE STANTEC RATE TABLE ZI/10) ENGINEERING GROUP Stantec 2013 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS Staff Member Title Billing Level Descriptions Rate Table Administrative Support Administrative Levels 1-4 $52-$72 Senior Administrative Staff Designer / CAD Technician Designer / CAD Technician Senior Designer / CAD Technician Project Surveyor/Mapping Coordinator Design Engineer Project Engineer Senior Engineer Project Manager Sr. Project Manager / Principal Survey Manager Levels 5-6 $80-$104 Technical Services Levels 4-5 $72-S80 Levels 6-7 $87-$95 Levels 8-10 $104-$122 Levels 9-11 $113-$133 Professional Services Levels 6-7 $87-$95 Levels 8-9 $104-$113 Levels 10-11 $122-$133 Levels 11-13 $133-$156 Levels 12-16 $144-$196 Level 12 $144 Proiect Expenses This chame will be 8%of fees invoiced. unless otherwise indicated in Contract. and will include, Internal incidental printing -related expenses including all output from printers, prints, photocopies, plots, film, vellum, plastic covers, spines, dividers, and map pockets. Communications expenses including faxes, office and mobile phones, calling cant expenses, pagers, and other wireless communications. Office related expenses including postage, courier, supplies and equipment expenses. Computer maintenance expenses and supplies, and use of common software such as AutoCad, Word, Excel and PowerPoint. Local mileage charges incurred by staff in carrying out projects. Maintenance of archives, both electronic and hardcopy, including space and handling. Required submittal prints plus one copy for client. Sub Consultants and Disbursements At cost + 10% Sub Consultants'invoices for supplies and services. Printing, plotting and production of final reports, drawings, specifications, tender documents and other like items for delivery or use by others external to Stantec and client, supported by separate invoices from extemalloutsourced printing services. Out-of-town charges incurred by staff for meals, travel and/or accommodation in connection with a project. Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 13 of 17 BRIERLEY ASSOCIATES, LLC STANDARD FEE SCHEDULE January 2013 1. Fees for services will be based on the time worked on the project by staff personnel plus reimbursable expenses. The hourly fee for professional services will be charged as follows unless otherwise noted in the proposal: Principal/Senior Consultant II $265 Senior Associate/Senior Consultant 1 $215 Associate/Senior Project Manager $180 Senior Professional II $160 Senior Professional 1 $140 Professional11 $125 Professional $115 Staff Professional 11 $105 Staff Professional 1 $95 Administrative $75 2. Overtime hours will be charged at straight time rates. 3. The fee for direct non -salary expenses will be billed at our cost plus a fifteen (15) percent handling fee and shall include the following: a) Transportation or subsistence expenses incurred for necessary travel, such as use of personal or company vehicles at IRS allowed mileage rates; use of public carriers, airplanes, rental cars, trucks, boats or other means of transportation; b) Reproduction and printing costs for reports, drawings and other project records; c) Express deliveries such as FedEx. 4. Subcontractors engaged to perform services required by the project will be billed at our cost plus fifteen (15) percent. 5. Communications and computer expenses will be charged at a flat rate of three and one half (3.5) percent of the total gross labor charges to include normal telephone, e-mail, faxes, long distance telephone, mailing of correspondence, in-house computer use and computer aided design and drafting (CADD). 6. Specialized computer usage, separately defined in the proposal for specific client needs, will be charged as identified in the proposal. 7. Payment: Invoices generally are submitted once a month for services performed during the previous month. Payment will be due and payable upon receipt of invoice. Interest may be added to accounts in arrears at the rate of one and one-half (1.50%) percent per month on the outstanding balance. In the event Brierley Associates, LLC must engage counsel to enforce overdue payment, Client will reimburse Brierley Associates, LLC for all reasonable attorney's fees and court costs. S. The billing rates given above are subject to change at the beginning of each year, unless noted otherwise in the signed proposal. Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 14 of 17 Schedule of 2013 Fees and Charges for Consulting Services from RUSTNOT Corrosion Control Services, Inc. Mr. SpickelmirC, with over 36 years' experience in the corrosion control field, will be representing RUSI"NOT as your prime contact and lead corrosion control consultant. RUSTNOT will be the lead firm for your project. In addition, Mr. Spickelmire has learning arrangements with several other corrosion and specialized sub -consultants, (Accurate Inspections [All, Dmhmt Infrastructure Services [DIS], etc.), to provide assistance and senior level review for your project as required. Our fee structure is based on hourly rates and direct expenses incurred to complete your projects with RUSTNOT personnel or with our subcansultmis or subcontractors. The hourly rates, for the personnel that may be involved with your project arc listed below: 2013 LABOR RATE SC.IIEDULE GRADE PERSONNEL HOURLY RATES RN Word Processing/Data Eatryl0(ftce Support Jessi Verbeck/RN 530 RN Rook Keeper/Office Administrator Nancy EIlioURN S45 Office Mauger/Project Assislant Belay Fulchtr/RN $W NACE CP Field Corrosion Technicians Wes Tabor/RN, Jerry Hlhath/RN. Mike $rv5 Rrayton/RN Corrosion Technician, Certified Weld Inspector and Filly Fields/Al, R. Fitzgerald (CW B/Al. S70/Reg.-SMIO.T. Certified Coating Inspection - Accurate 1nCpecticos - At NACE Certified Cathodic Protection Specialist/Corrosion B. Spickehi&ORN, U. Riclwds/CCCS, J. $130 CotsuRauls (Evaduatiots. Cadroclie PrOteCllen Material Mattsrt/CCr Selection) hnf astructurc Pipeline Satior Eaginecr - DIS D. DcehanuNlS $160 Adder for Market Analysis. and Coating Work (Cwtiug B: Spickclrnirc/RN, U. Rielwds/CCCS, J. 10% Adder Recotmnetid, Specs, Fidd Observation. Coating Rrsolutiou- Mausou/C("I' ac.). Legal Work (Export Witutss. Depositiou,'1'estinnouy, arc.) Scparrate Rate ScllcduIe The standard charges, expenses and test equipment rates that may be involved with your project are listed below: PROJECT STANDARD CHARGES, EQUIPMENT RATES AND EXPENSE SCHF,DUI•R ITEM RATES DESCRIPTION MealsfLodgmg Per Diern Meals/Lodging om a per diem basis of S135/day or as allowed per federal rater for S135/Day area. Autotuabile Mileage 50.55/Mile 'I %,o Wheel Drive Auturnobile 4x4 Vehicle willn'1'ools S1.00/Milt Four Whed Drive Corrosion Service Vehicle with"Cools '1'revd sad Other Project Direct Cw See Now 1 Costs Submuraaor/Cotatruction Direct Cost Sec Now 2 Marerians(C,r ide5ervices +10% Additional Insurance Direct Cost See Note 1, If additional insurance coverages or amounts are required for project Coverage above standard insurance coverages already cm ie(L additional insurance costs shall be charged to project at direct cost. General Corrosion Test W/Day, One Dailey Charge for general corrosion test equipmenl (voltmaers, soil resistivity lest Equipment Day Min'rnum equipment. hand wire reels, reference electrodes, insulator testers, and hasic tools) RUSTNOT Corrosion Control Services, Inc. 325 Chester Drive Boise, Idatlo 83706 208.384.9752 Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 15 of 17 PRO.IECT STANTIARD CHAROFS, EQUIPMENT RAMS AND EXPENSE SCITEMULF. ITEM RATES DESCRIPTION uccasary to perform mast corrosion tests and evaluations General Calling Inspection $25/Day. One Dailey charge far general coating inspection equipment (ruvhaanrnl, surface Equipnnav Pay Mumnurn profile. dry film, low voltage holiday test equipmen0 necessary to perforut must caving inspection tests and evaluations Ga]Crd Weld IISpCCtlell $25/Day, One Dailey charge for genctal weld inspation cqulpmalt (visual. liquid pCnCtrate, Equipment Day Mi i non magnetic flux, etc.) necessary to perform most nondestructive testing (NDI') weld testing and evaluations Technology Charges £5.00)Labor Hourly technology charge for field computer/printer, phone, cell phone, internet- Hom fax, mid ranote cancction costs Design/Specifncalienn fee $500/Each Mmhnnun design/specification origination fee per specification section Specialized Test Equipment Miainuarn Per Rental rates for additional specialized test equipment we provided below for what C7targes Day required by the specific project requirements. All test equipnu rt rental rates we a minhuunn onc-day charge. Specialty test cquipmav steals we in addition to the GeneralTest Equipment daily charges. Uose Intaval'fen &'W/L1sy. One Includes field computer data logger (Allegro Model Field 1'(;), close interval nip Equipnwv AssenIDly Day Mltimmn pack (with 1 to 3 nAc wine capacity). copper/copper sulfate reference d ctrode cares, custom wire retrieval systart, and graphing software Current Requirement $SO/Day. One Includes generator a inverter and portable rectifier (a welder), interrupter, cables Equipment Assembly Day Min'amnm and wire reds to connect m temporary gromdbed for current requirement testing Electrical Continuity Tat S100/Day, One Includes generator or hwerwr and portable rectifier (a welder), two electric reds Equipment Assanbly Day Minunwn (with appruxinwlely 2,..W feet of wire), cahla and wire reels for ctnmeclions to pipeline test wires for four wire longitudinal pipeline electrical continuity testing OletOff Interruption Test $1001Day. One Includes curtail interrupters ortaximum of foe) for interrupted potential survey's. Equipnttry Assembly Day Minunurn Addilirnul interrupters at $25/day per interrupter. Individual Specializel Test M/Day Per Individual specialized test equipment (such as cablelpipe locoing equipment. digital Equipavav Charge Each Specialized low resistance ohmmeter (DLRO), ultrasonic thickness masvauav meta. oi' '7msometa. IR drop -five potential meter, high voltage holiday testa, remove rqui'Piece =1 Used DIrfM meter, amwtatic adhesion Lester. etc.) in addition to general tat equiptttev. Notes: 1. Direst expenses are billed at cost and are computed on the actual purchase price for items obtained from cormercial solutes and on the basis of standard commercial charges for items when provided by RUSTNOT. Direct expenses include necessary transportation costs (airline, rental car, tau, parking, tolls, etc.), business meals, laboratory tests and analysis, reproduction, mail charges :and materials or supplies used on the project. Additional insurance requirements other than those already carried will he billed a1 cost. Copies of receipts for direct expense charges of S25 or more will be provided if requested. 2. When supplementary technical, contractor or professiovml services are furnished by outside sources and/or material is provided for Client requested turnkey, design/construct, construction, pilot studies and/or field investigation type projects are completed by RUSTNOT by use of in-house, specialty, or outside coostntction type 6rrm as subcontractors, an additional minimum ten (10%) percentage charge shall be added to the cost of these services or at rates as shown on the current year rate sheet for RUSTNOT to cover additional insurance, administrative, and handling costs. 3. Salary, travel per diem, standard charges, and equipment rates are adjusted on a yearly basis; therefore, labor, standard charges and equipment costs will be billed at the rate for the year the urork is completed. We will bill on a monthly basis at our standard rare for only the actual amount of time and expenses required to complete your project. Terms: Net 45 days from invoice date. An interest rile of 1-1/2 percent per month will be charged (m all put -due amounts staring 60 days after date of invoice. We can provide the necessary expertise, test equipment, and transportatim to efficiently complete your projects, meet your needs, and exceed your expectations. Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 16 of 17 EXHIBIT E 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 — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 17 of 17 ACCN?" CERTIFICATE OF LIABILITY INSURANCE lam" D08/06/2013 ) 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 INSURERS), 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 NAMEA°T ANDREA OTTO jglQ, Nc`xt). 1-800-444-3017 FAX No). 952-656-8834 AON REED STENHOUSE INC. AON RISK SERVICES CENTRAL, INC ADDRESS: ANDREA.OTTO@AON.COM INSURER(S) AFFORDING COVERAGE NAIC A 900 - 10025 - 102A AVENUE EDMONTON, AB T5J OY2 INSURERA ZURICH AMERICAN INSURANCE COMPANY 116535 INSURED I INSURER B. ZURICH AMERICAN INSURANCE COMPANY 16535 STANTEC CONSULTING SERVICES INC. INSURERC. ZURICH INSURANCE COMPANY wsuRER D. ZURICH AMERICAN INSURANCE COMPANY 16535 2950 E. HARMONY ROAD, SUITE 290 INsuRER E FORT COLLINS, CO 80528 INSURER F. COVERAGES CERTIFICATE NUMBER: 347 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, AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. " gEXCLUSIONS IN TYPE OF INSURANCE INSR IMND POLICY NUMBER (MIOAILD�IYEYYY) 05/01/13 (MhVDDlYY1�') 05/01/14 LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx—] OCCUR X CONTRACTUAUCROSS LIABILITY X GL06556026 XCU COVER INCLUDED EACH OCCURRENCE �E TO RENTED PREMDAMAISES(Eaoccurreroe) s 2,000,000 IS 300,000 MED EXP (Any one person) PERSONAL & ADV INJURY ( $ 10,000 I $ 2,000,000 X OWNERS BCONTRACTORS r•RIITFI'H'1" GEN'L AGGREGATE LIMIT APPLIES PER PRI- FX LOC POLICY I X JECT GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMPIOP AGG $ 2,000,000 (ED awdeD sINGLE'LIMIT $ $ 1,000,000 B AUTOMOBILE X LIABILITY ANY AUTO S AUT8NNED SCHEDULED A HIREDAUTOS AOTO.rED LIT BAP5940882 11/01/12 11/01/13 BODILY INJURY (Per person) $ aULED BODILY INJURY (Per dent) — PROPERTY DAMAGE (Per acdtdenp $ $ $ C X X UMBRELLA LIAR X EXCESS LIAB CCCUR CLAIMS -MADE 8831307 EXCESS GENERAL, AUTO AND EMPLOYERS LIABILITY (FOLLOW FORM) 05/01/13 05/01/14 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 DER X RETENTION $10,000 WC STATU 111TH R X TORy_uMlTs ER E. L. EACH ACCIDENT I6 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE'—�� OFFICER/MEMBER E%CLUDED? N (Myandatory In NH) er IDESCRIPTION OF OPERATIONS cal. NIA WC5940881 11/01/12 11/01/13 Is 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 EE LL DISEASE -POLICY LIMIT I$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 11 more space is required) FORT COLLINS, CO. STANTEC PROJECT # 1873. RE: 5-YR OPEN ENDED CONTRACT. THE CITY OF FORT COLLINS, ITS OFFICERS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER AND ADDITIONAL INSUREDS. CITY OF FORT COLLINS ATTN: PURCHASING 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. AUTHORIZED REPRESENTATIVE k' `q'0# ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A� o® CERTIFICATE OF LIABILITY INSURANCE °011M412 13 ' 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 MARSH CANADA LIMITED 680, 10180 - 101 STREET EDMONTON, AB TSJ 3S4 rGi°MEAOT MICHAEL POPLETT (a QNro E.11. 780-917-4850 CX by 780-429-1422 I nooRESs: MICHAEL.POPLETT@MARSH.COM INSURERS) AFFORDING COVERAGE NAICa INSURER A: INSURED STANTEC CONSULTING SERVICES INC. 2950 E. HARMONY ROAD, SUITE 290 FORT COLLINS, CO 80528 INSURER B' INSURER INSURER D. INSURER EI LLOYD'S OF LONDON 137540 INSURER F. I COVERAGES CERTIFICATE NUMBER: 301 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, AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INggEXCLUSIONS TYPE OF INSURANCE ANDSR WJO POLICY NUMBER MWDO/YYEYYY MWDONYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES(Ed occurrence) S COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) S CLAIMS -MADE F—IOCCUR PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GE N'L AGGREGATE LI MIT APPLIES PER. PRODUCTS - COMP/OP AGG $ POLICY JETLOC $ AUTOMOBILE LIABILITY rit) M61NELET7M (Ea acatlent) E BODILY INJURY (Per person) $ ANY AUTO AAU70YSVNED SAUHEDULED OO O.ppS BODILY INJURY (Per auAdenp $ HIRED AUTOS AUUTOS ED (PAUE eraccident) M 8 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR MS -MADE DED RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/q yW ST, - T RY LIMIT E. L. EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTII OFFICER/MEMBER EXCLUDED9 NIA E. L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $ E PROFESSIONAL LIABILITY & N/A QF047513 08/01/13 08/01/14 CLAIM AND AGGREGATE LIMIT $3,000,000 CONTRACTORS POLLUTION INCLUSIVE OF COSTS LIABILITY NO RETROACTIVE DATE CLAIMS MADE BASIS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Anach ACORD 101, Additional Remarks Schedule, It more space is required) FORT COLLINS, CO. STANTEC PROJECT # 1873. RE: 5-YR OPEN ENDED CONTRACT, THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. CITY OF FORT COLLINS ATTN:PURCHASING 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. REPRESENTATIVE ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD parties hereto. 4. Contract Period. This Agreement shall commence July 22, 2013, and shall continue in full force and effect until July 21, 2014, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 5. Early Termination by City/Notice. 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 address: Professional: City: Copy to: Stantec Consulting Services Inc. City of Fort Collins City of Fort Collins Attn: Don Silar, PE Attn: Jay Rose Attn: Purchasing Dept. 2950 East Harmony Road, PO Box 580 PO Box 580 Suite 290 Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80528-2603 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. 6. Design, Proiect Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water 8 Stormwater Capital Improvements Page 2 of 17 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 attorney's 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. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit D, consisting of four (4) pages, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon approval of the Professional's direct reimbursable expenses. 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. 8. 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 Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 3 of 17 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. 9. 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 and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, 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. 11. 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. 12. Subcontractors. The parties acknowledge that the sub -contractors, Brierley Associates and RustNot 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 exceeds the rates listed in Exhibit D, the excess amount shall not be paid or owed by the City. The limitation on Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 4 of 17 increases in prices set forth in section 4 of this contract shall apply to all rates listed in Exhibit D, including the subcontractor rates. Professional may not utilize additional subcontractors for any of the Work set forth in Exhibit A and issued Work Orders without the prior written consent of the City, which shall not be unreasonably withheld. 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 Professional. 13. 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. 14. 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. 15. Default. Each and every term and condition hereof shall be deemed to be a material Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 5 of 17 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. 16. 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. 17. 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. 18. 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. 19. 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 Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water 8 Stormwater Capital Improvements Page 6 of 17 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 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 Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 7 of 17 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 8 of 17 ATTEST: >0u City Clerk Ii41i�c �ORAD� AP�OV 9ED S TO FOR : Ass tant City Attor " y ATTEST: Corporate Secretary THE CITY OF ORT COLLINS, COLORADO By: 4-) Gerry Paul Director of Purchasing & Risk Management Date: '.// Y/3 STANTEC CONSULTING SERVICES INC., CORPORATE E\$DENT OR VILE PRESIDENT Date: a 1 / 13 (gotporatP `m SYttI ,' Professional Services Agreement — Work Order Type 7515 Consulting Engineering Services for Future Water, Waste Water & Stormwater Capital Improvements Page 9 of 17