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HomeMy WebLinkAbout524763 JUB ENGINEERS INC - CONTRACT - RFP - 7525 ARTHUR DITCH BRIDGE REPLACEMENT DESIGN SERVICPROFESSIONAL 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 JUB 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 seven (7) 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. 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 "A", consisting of seven (7) pages, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2013. 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. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 1 of 21 EXHIBIT A SCOPE OF SERVICES PROJECT UNDERSTANDING This project will replace the three separate segments of the existing Arthur Ditch concrete box culvert. This project is City -funded but the plans will generally follow CDOT format. The three locations are at the intersection of Oak Street & Whitcomb Street, Olive Street & Loomis Avenue, and Canyon Avenue between Mulberry Street & Magnolia Street. The Canyon Avenue location includes the portion of Arthur Ditch under the Mulberry Pool parking lot. All three locations are within the City Old Town Basin floodplain. It is understood that all three - locations will be included in one set of construction documents. Specific scope items are covered below. s; The City of Fort Collins has requested that this project's design services be divided into three phases as follows: • Phase #1 shall include Project Start -Up and Management, Data Gathering, Field Investigation, Preliminary. Reporting, Preliminary Design (FIR), and Preliminary Plans (Task Nos. 1-30) • Phase #2 shall include Final Design (FOR), Construction Documents and bidding assistance (Task Nos. 31-62) • Phase #3 shall include Bid and Construction Services (Task Nos. 63-67) The following Scope, Schedule, and Basis of Fee pertain to Phase #1, as described above. PART 1— SCOPE OF SERVICES — Phase #1 A. Basic Services —The services will consist of Tasks necessary to perform preliminary design engineering of the reinforced concrete boxes and the associated roadway, sidewalk ramps, retaining Wall design, and overall plan preparation. City of Fort Collins staff will perform the floodplain no -rise check with mandatory input required for the model provided by the J-U-B/Stantec team. J-U-B's Basic Services under this Agreement are limited to the following tasks. CLIENT reserves the right to add subsequent phrases or related work to the scope of services upon mutual agreement of scope, additional fees, and schedule. The following abbreviations are used in this scope: J-U-B—J-U-B Engineers, Inc. Stantec—Stantec Consulting Services, Inc. Terracon —Terracon Consultants, Inc. City/CLIENT —City of Fort Collins 1. Pre -Design Kickoff Meeting a. Scope of Services: i. The pre -design kick-off meeting will be attended by the J-U-B's Project Manager and Project Engineer, along with Stantec's Project Manager, Project p`R` ��o A � •o q•aQO• ��. I* o Rj YJ 1YJ • I � `�' � I aOsdr`d4Lctgla�3�'�q�e1a, Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 10 of 21 Engineer, and Project Designer. J-U-B will prepare an agenda and meeting minutes. b. Deliverables I. Meeting Minutes 2. Periodic Progress Meetings (10 @ 3 Hr. Ea.) a. Scope of Services: i. Periodic meetings will be attended by 1-U-13's Project Manager and Stantec's Project Manager and/or Project Engineer (hours as indicated on Fees spreadsheet). J-U-B will prepare an agenda and meeting minutes. b. Deliverables i. Meeting minutes 3. Monthly Progress Reports (6 Total) a. Scope of Services: i. The project manager will prepare monthly progress reports that will be submitted with the invoice. b. Deliverables: i. Project progress reports and invoice. 4. General Data Gathering a. Scope of Services: i. Effort will be limited to items that have not been acquired to date by j-U-B and may include existing mapping, reports, or other items. b. Deliverables: i. None 5. Utility Record Research a. Scope of Services: I. Stantec will coordinate with utility owners to acquire utility mapping and files in order to understand utility locations at the three individual sites. b. Deliverables i. Utility mapping can be provided to the City upon request. 6. Utility Field Locates a. Scope of Services: I. Stantec will coordinate with the Common Ground Alliance (811), One -Call Utility Notification Center, or other utility locators to determine 2D surface locations of underground utilities. These utilities will then be input in the AutoCAD drawings. b. Deliverables i. Digital base map in AutoCAD. 7. Potholes a. Scope of Services: i. Stantec will prepare an AutoCAD drawing showing the location of utility potholes. This drawing will be delivered to the City of Fort Collins who will perform the potholing using their on -call consultant. ii. Stantec will work with the on -call consultant as required during field locations. Ill. During potholing operations, Stantec will attempt to evaluate the condition of existing City utilities. Stantec will work with the City's utilities department to determine if upgrades to the utility infrastructure are required. If the City would like the J-U-B/Stantec team to perform utility upgrade designs, this work can be done as an additional service to this contract. iv. Stantec will coordinate with the utility owners to generate removal/relocation plans. b. Deliverables: i. Utility locations and sketches prepared by the City's potholing on -call contractor. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 11 of 21 8. Coordinate with City Staff for Survey and Results a. Scope of Services: i. Once potholing is complete, Stantec will coordinate with the City of Fort Collins surveyors to determine required utility pothole survey shots. ii. Once surveying is complete, Stantec and J-U-B will transfer the 3D utility locations to the design base files. b. Deliverables: i. Preliminary plans with identified utilities shown in plan and profile views. 9. Geotechnical Investigation/Report (3 Bores per Site Location) a. Scope of Services: i. Terracon will perform 3 borings per project location for geotechnical investigation (9 total borings). ii. Traffic control will be set up during boring operations. Traffic control plan(s) will be submitted to the City for approval. iii. Terracon will perform lab analysis and prepare a geotechnical report to cover all three project locations. b. Deliverables: i. Traffic control plan ii. Final geotechnical report 10. Process Field Data & Develop Base Map (All Three Sites) a. Scope of Services: i. The City -prepared topographic survey will be used as a basis for each project location. ii. Once data is gathered and utilities located, J-U-B will develop a base map for each of the three project locations. b. Deliverables: i. AutoCAD base mapping. 11. Verify Base Map with Field Visit a. Scope of Services: i. Once the base map has been completed, 1-U-B will perform a site walk-through at each project location to verify consistency between the base map and actual site conditions. ii. If discrepancies are discovered, J-U-B will coordinate with the City to resolve any issues and update the base map with the new information. b. Deliverables: L Updated base map (if discrepancies found). 12. Preliminary Box Alignment Options a. Scope of Services: i. The J-U-B/Stantec team will work closely with City personnel to determine potential realignment options of Arthur Ditch. ii. The J-U-B/Stantec team will prepare up to three (3) alignment exhibits with pros and cons to review with the City. b. Deliverables: i. Alignment option exhibits for each project location. 13. Preliminary Conduit Sizing and Hydraulics Iterations a. Scope of Services: L The J-U-B/Stantec team will work with Mark Kempton of the City to develop sizing and geometric configuration of the proposed concrete box. ii. We anticipate this to be an iterative process; for the purpose of this scope we have assumed up to three (3) iterations. b. Deliverables: L Concrete box culvert cross -sections and alignments. 14. Structural Design Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 12 of 21 a. Scope of Services i. The 1-U-B/Stantec team will coordinate with the City to determine the preferred construction configuration for the new concrete box culverts. ii. Our team will discuss similar culvert installations performed by both the City and the J-U-B/Stantec team to determine from past experience solutions for these projects. b. Deliverables: I. Structural box culvert options and exhibits. Items 15 through 24 represent both the preliminary design and plan production for the FIR set of plans. The FIR plans will be approximately 50%complete. 15. General Drawings a. Scope of Services: I. J-U-B will prepare the following preliminary plan sheets: • Cover with index, area map, project description, and City -required text • Standard Notes • Legend, Symbols, and Abbreviations • Typical Sections • Summary of Approximate Quantities b. Deliverables: I. FIR plans 16. Quantity Tabulation Sheets (1 Sheet per Project Location) a. Scope of Services: L J-U-B will prepare preliminary quantity tabulation sheets per City standards. Included on these sheets will be a breakdown of the following quantities: • Concrete box culvert quantities • Surface items • Major removal items • Earthwork (structural excavation and backfill) • Drainage items b. Deliverables: L FIR Plans 17. Geometric Design and Horizontal Control (1 Sheet per Project Location) a. Scope of Services: i. This sheet will reference our design to the HARN systems for horizontal location. Alignment of the Arthur Ditch within'all three projects will be referenced. Vertical control will also be shown. b. Deliverables: i. FIR Plans 18. Demolition Plan (1 Sheet per Project Location) a. Scope of Services: I. Demolition items will be shown on this plan. Any required phasing of demo items will be clarified. Demo notes will be added. Demo items will have hatching to ease in readability. b. Deliverables: i. FIR Plans 19. Roadway Plan Sheets (1 Sheet per Project Location) a. Scope of Services: i. These sheets will be used to call out surface improvements such as curb & gutter, sidewalk, driveways, inlets, etc. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 13 of 21 ii. 1-U-B will coordinate with the City to determine the extents of pavement removal for the three individual project locations. Limits of new pavement and/or overlays will be detailed. b. Deliverables: I. FIR Plans 20. Culvert Plan and Profile (1 Sheet per Project Location) a. Scope of Services: L The 1-U-B/Stantec team will prepare one preliminary concrete box culvert Plan & Profile sheet per project location. The plan sheets will show box culvert geometrics along with limits of structural excavation and backfill. ii. Stantec will determine the profile of the proposed concrete box culverts and coordinate with City staff prior to hydraulic modeling. iii. These sheets will also include pertinent construction notes. b. Deliverables: i. FIR Plans 21. Roadway Grading and Drainage (1 Sheet per Project Location) a. Scope of Services: i. 1-U-B will prepare preliminary plan sheets to include surface grading for each project location. Elevations of sidewalks, ramps, driveways, etc., will be detailed on these sheets. ii. Matchlines will clearly be represented on these -sheets. iii. Grades will be modified to improve existing surface drainage and as agreed to with the City. b. Deliverables: I. FIR Plans 22. Structure General Layouts (1 Sheet per Project Location) a. Scope of Services: i. Once the structural configuration for the box culvert is determined, as described in Task 14, J-U-B will prepare preliminary structural sheets depicting structural cross -sections and detailing of the concrete box culverts. ii. Sheets will include structural design notes and details. iii. Construction phasing as it.relates to structural construction will be included on these sheets. iv. Box culvert material quantities will be depicted on these sheets. b. Deliverables: i. FIR Plans 23. Construction Phasing Plan (1 Sheet per Project Location) a. Scope of Services: I. Overall construction phasing will be determined with the City for each project location. This construction sequencing will be described on these sheets. b. Deliverables: L FIR Plans 24. Traffic Control/Detour Plan (1 Sheet per Project Location) a. Scope of Services: i. Construction sequencing and methods will be reviewed with the City's Engineering and Traffic Operations staff to determine efficient scheduling. From this coordination, it will then be determined if a road closure is warranted for the projects or if the projects should be constructed under traffic. ii. 1-U-B will then prepare preliminary traffic control/detour plans per agreed - upon conditions. b. Deliverables: i. FIR Plans Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 14 of 21 (End of Plan Production Task Numbers) 25. Prepare Preliminary Plans and Design Memo for Submittal a. Scope of Services: L The J-U-B/Stantec team will prepare a memo describing existing conditions, design criteria, methodologies and assumptions, proposed improvements, and any issues that are still unresolved at thisjuncture. ii. The J-U-B/Stantec team will assemble preliminary plans for submittal to the City. Ill. These plans will be submitted to the Arthur Ditch irrigation company, utility companies, and all stakeholders for review and comment. b. Deliverables: i. Preliminary Plans and Design Memo 26. Opinion of Probable Const. Cost (OPCC) and Summary of Approx. Quantities a. Scope of Services: i. The J-U-B/Stantec Team will prepare an OPCC. b. Deliverables: i. OPCC 27. Open House a. Scope of Services: i. The J-U-B/Stantec team will prepare exhibits for presentation at the Open House. ii. 1-U-B and Stantec will both have representatives at the Open House. b. Deliverables: i. Exhibits 28. QA/QC a. Scope of Services: I. Senior staff from both J-U-B and Stantec will perform a quality assurance review of the preliminary plans prior to submittal. b. Deliverables: L QA/QC comments and redlinesif requested by the City. 29. Meet with City/Others to Review Comments (FIR Meeting) a. Scope of Services: L After the'City has had an opportunity to review and comment on the preliminary plans, the J-U-B/Stantec team will meet with City staff to discuss plans and recommended revisions. b. Deliverables: i. Meetingminutes 30. Preliminary Design Management and Administration a. Scope of Services: L General management and administration by both J-U-B's and Stantec's project managers. b. Deliverables: i. None B. CUENrs Responsibilities —CLIENT is responsible for completing, a uthorizing.1-1.1-13 to complete as Additional Services, or authorizing others to complete all tasks not specifically included above in 1-U- B's Basic. Services that maybe required for the project, including, but not limited to: 1. Review of FIR, FOR, and final plan set in approximately 2 weeks. 2. All public involvement other than general coordination and Open House as described under Task 27. 3. ROW acquisition coordination including title reports and legal descriptions if required. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 15 of 21 4. All hydrologic and hydraulic modeling. The 1-U-B/Stantec team will supply design input for modeling iterations. This will include items such as RCB dimensions, roughness coefficients, and extents of transitions. 5. FEMA documents and/or permitting. 6. Topographic surveying and project survey control. 7. Utility potholing services. PART 2 - SCHEDULE OF SERVICES A. The following table summarizes the anticipated schedule for the identified Basic Services predicated upon timely receipt of CLIENT -provided information, typical review periods, and active direction during work. CLIENT acknowledges that)-U-B will not be responsible for impacts to the schedule by events or actions of others over which J-U-B has no control. Task'Number Task Name Anticipated Schedule 1 Pre -design Kickoff Meeting Early September 4 General Data Gathering (including City- September P supplied topographic survey) 12 Preliminary Box Culvert Alignment October Options 25 Prepare Preliminary Plans and Design Late November Memo for Submittal PART 3 - BASIS OF FEE A. The hours and fees for each task are presented on the attached spreadsheet. B. Hours and fees are "not to exceed." C. Period of Service: If the period of service for the task identified above is extended beyond 12 months, the compensation amount for J-U-B's services shall be appropriately adjusted to account for inflation and salary adjustments. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 16 of 21 Z M O W U) m Z LU WCL M O U m 0 vi ri emir 3 �ri v vi .i a �d .i d E g d d m N m a N' m m N •• m N [O N mp p„ ' I oN �rll` N N N^ N m y o o n m o 0 p G O O 0 0 ry0 moo m m o p o m oo m o J N N N N N N N N N N N N N N C _— ueau.Wa A. 2 9 N a = .la4 $'v v' w a r m �' ry a M m p V F •�3'..'!ad� N' �d m m 1-O, f t' ' p. m P �S§ it,m m a. U2bPi k� a n m N ry m n roi d N 4 eeivuyia2 .Q yj J2u81Pjo, 'o '81y 1 1' .,a x.; O O O m J m N N N � � C C � � m 5 v Q Q i a c 0 A a o p C C C C E db ✓ 9 A m W 0 m q ✓ M N O0 q u E$ C o J @i ° 2 q aco o `a i LL n p> c O m o E rnr� O N 'hO n u 'p N o q m L c ❑ 5 p m o m G `-' 0 6 m PJ p a c e a' Q m n o lmJ_ '° m a o 3 a w f m U u w d a u o H g q v i a w e a c c _ t c m E o p E v o o - o m r Z w= 0 v L O z; �n qU u o e u' c in u C w `m c p E i u a 0 n E u>> O p n u ow a> o n 0 LL a y L C .e N m d m m n m Oi ry n n ry ry N n ry n ry m a u N O r- N 0) a Arthur Ditch Replacement Hourly Rates J-U-B Eneineers, Inc Project Structural Project CAD Manager Engineer Engineer Designer Technician Hourly Rates $155 $145 $105 1 $90 1 $65 Stantec Project Project Designer Technician Manager 1 Engineer Hourly Rates $177 $144 1 $104 1 $113 The Lanadon Group Senior Project Manager Project Manager Project Associate Hourly Rates $105 $92 $75 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services 9/10/2013 Page 18 of 21 TERRACON GEOTECHNICAL PROFESSIONAL SERVICE FEE SCHEDULE FIELD INVESTIGATION Dolling services. per hour.._ ...................... ..... ................................ ....... .......................................................... $140 ,.$185 (varies gepen cling on job requirements) Saddtoe, bulldoier, and other heavy equipment rental ................ _......................... ............................. ...... -Cost +l5 percent Drill bits anclor media, specia' sampling ari monitoring equipment, air compressor, water truck, equipment for site access, special safety equipment, or other auxiliary equipment prop detl ...... ... .... .._._......... ...... .... .... ... . Cost + 15 percent Equipment rental inducing slope inclinometer, pressuremeter, seismometer, resistivity meter, etc. .... ...... ........ ... __................,... Quotation on Request PROFESSIONAL SERVICES Houd v Rate Principal Engineer__ .......... __...__._ .......... ...... ......... ...__... ................. ..........._ __.._$115-140 SeniorProject EngineenlMenager. .................... ......... ...................... ........ ...................... ...... . .. _...._..... ....... 90-120 ProjectEngineer__ ...... ...... .._......_.... ...._...... ......... _.. _............ ........ . . ...._. ... __ ............... ..... 75-90 StafflField Engineer or Senior Technician ........... ......... _,.._...._ _..__ ............._ _._...._.. .. .. __........ ............ .55-75 Fieldor Laboratory Technician._... ......_... ............_.... ................. .......... ..... .. .............. ............ ...... ..... ,.... .................... 42-52 CARDOperator/Draftsperson......: ..-.._._..... ............... ........ ......... ......... :............ .... :...... -...:....... ............... ....55-65 . Clerical _-_.__............._ ..35-45 Special Consultation. Expert Testimony,& Court Appearance. ........ _---- ................................. --- ....... ........ __._.... 150-225 LABORATORY TESTING OF SOIL AND ROCK Unit Price Sieve Analysis (ASTM D422 and D1140) a. Standard Sieves 3-inch through No. 200...........__,...__..$100 b. No: 200to.005 mm, addto a... ....:.... ......:_:_... 100 c. Percent passing No. 200 mesh sieve .only ........._ _.50 Liquid -Plastic Limit (ASTM D4318) ................... 100 Specific Gravity (ASTM D8541__................. ................. .......... ....... 95 Moisture Content (ASTM D2216)...................._.........................._.. 10 Moistti e Density Determination Standard (ASTM D598)......... .._..._._._.__.._....... .................... 140 Modified (ASTM D1557)......... ......... .... -- _. 150 One Point Test ..... ...........- __.......... .... ...... ...... ...._._75 Density & Moisture Content (ASTM D2937)........ ....................._....:46 CBR Test (ASTM D1883) ...:..... ... .....:... _...350 Permeability (ASTM D2434)_.._.._._.._.....__.................._.......__: 350 R Value (ASTM D2844)......._................... ..._......................_ 325 Sul fate Content ......___..... _._......._......._._._..........._...._................40 pH and Resistivity (Lab)-- ........ .......... ......... ............ ....................- 50 pH, sulfide, redox, resistivity ..... ......... ......... ............ ... 110 Direct Shearper point (Moisture-Density/Proctor not ind.)._..._ _: 250 Residual Shear .................... ......._......._._........,.._........._........ 250 Relative Density(ASTM D4253 & D4254).. _......... .................. ._,. 175 Rush laboratory service available at 50 percent Surcharge DIRECT CHARGES Unit Price One -Dimensional Consolidation or Swell: (ASTM D2435) a: 4 ksf load ._,_.... ..... _,_...... :..........__ b. 8ksf load ................................... ........._. _..... 125 c. 16 ksf load ................ ............. .... _... ... 135 d. 32 ksf load .... ...._..... ---- ...... -.................. .__._.__...._.... 155 e. 'Add to si-0, above fortime rate readings (1) 2loads ............................. —.......—.......:......_..,.... _:._.75 (2) 4 loads ........... ..... ..._..._...._..............................--115 Unconfined Compression, (ASTM D2166 and D7012) .___105 Tdaxial Shear. per point (not including Moisture-Density/Proctor) a. Unconsolidated-Undrained,Saturated ........ ........._...._.--225 b. Consolidated-Undrained _._.: __. .......... .....475 c. Recompactingfee,perpoint_....................... _..__...._...-.100 Permeability Using Triaxial Cell d. Undisturbed or Remolded ..... ........... ........ _........_............. . 350 Special Tests.. ....... ...... Quotation on Request Laboratory Technician for sample preparation .......... ........... ._.-42-52 Per Dem and Lodging- .........:. ._..:._... .. .......... ................... ............ ................... .................. +cost of lodging Automobile or Pick-up .. _........ _........... ............. ..._._...._. ..... _. .. ...... .......$070/mile Al otherdirect project expenses, i.e. special equipment rental, Commercial travel, bulk reproduction, sample shipping, protective clothing, etc _..... .................. ............. ............................Cost + 15% Provide orrsite field laboratoryfacilities and test equipment.......- .. ..... ..............._..................-.....................,..........._.__.........._.... Quotation on Request Additional copiesofreports ......... ......:.... d...... .._._.._ ........ 1.......... .....:....._ ... ...,.... _..- ..._. _......... --- ...... .:_._._:$150/report ENVIRONMENTAL AND CONSTRUCTION MATERIALS ENGINEERING SERVICES ....................................... Fee Schedule Available on Request Fort Collins -Greeley, Colorado Offices Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Revised January 2013 1rerraco Page 19 of 21 5. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: JUB Engineers Inc Attn: Jeff Temple 3538 JFK Parkway, Suite 1 Fort Collins, CO 80525 City: City of Fort Collins Attn: Tracy Dyer PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 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. 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. 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 in accordance with Exhibit "B" consisting of three (3) pages, attached hereto and Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 2 of 21 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 7525 Arthur Ditch Bridge Replacement Design Services Page 20 of 21 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 7525 Arthur Ditch Bridge Replacement Design Services Page 21 of 21 No Text JUBEN-1 OP ID: NW ,a►�� �� CERTIFICATE OF LIABILITY INSURANCE DATE09/24DYYVY) 9124H 3 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 endorsement(s). PRODUCER 208-459-1678 CONTACT The Hartwell Corporation - Cal 108 454-1114 PO Box 400 Caldwell, ID 83606 Jeremy Kroll PHONE FAX A/C No Ext : A/C No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity of CT 25682 INSURED J-U-B Engineers, Inc. INSURER B: Travelers Casualty and Surety 31194 250 S Beechwood Ave, Suite 201 Boise, ID 83709 INSURERC:XL Specialty Insurance Co. 37885 INSURER D:Travelers Indemnity Co of Am. 25658 INSURER E : INSURER F COVERAGES CFRTIFICATF NtIMRFR- RFVISInhI NI IMRFR- 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 rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/Y1'YY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rK OCCUR X X RENTED PREMISES Ea occurrence S 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL B ADV INJURY $ 1,000,000 X CGD381 6807769N196 08/01113 08/01/14 CGD379 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 PRO LOC POLICY X I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 1,000,000 X BODILY INJURY (Per person) S D ANY AUTO X X BA7776NO58 08/01/13 08/01114 ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ NON -OWNED HIRED AUTOS AUTOS X S CAT353 UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -MADE DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- B B AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN MandaoryinNH)EXCLUDED? NIA UB0540T503 ASHINGTON STOP GAP 08/01/13 08/01/14 E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. OISEASE- POLICY LIMIT $ 1,000,00 C Profes Liability DPR9704914 04102/13 04/02/14 Ea Claim 5,000,000 $200,000 deductibl Annl Aggr 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 7525 Arthur Ditch Bridge Replacement Design Services Ten days' direct notice of cancellation to City of Fort Collins is endorsed onto insurance policies shown on this Certificate. City of Fort Collins Colorado is additional insured for auto and general liability as provided by policy forms CGD381 and CAT353. FORTC-1 City of Fort Collins Attn: Purchasing Dept PO Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily M- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 002218 COMMERICAL GENERAL LIABILITY injury" or 'property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the 'personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II.— LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section If. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs- E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS- (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc, with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT �- The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT �= The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto' of the private passenger type- COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE. Personal Effects We will pay up to $400 for 'loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured", and (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto' you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or 'loss" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 004368 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or"loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company, CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. vdth its permission. incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Ninety -Four Thousand and Two Dollars ($94,002). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. The parties acknowledge that the sub- contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices shall apply to all rates listed in Exhibit "B" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 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. Proiect 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 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 3 of 21 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 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. 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. 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 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 4 of 21 0 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. 13. 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. 14. 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. 15. 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. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 5 of 21 17. 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. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 6 of 21 d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 7 of 21 consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 8 of 21 THE CITY RT�L , COLORADO By: Gerry Paul Director of Purchasing & Risk Management DATE JUB ENGINEERS, By: Title: Tom• V, �• CORPORATE PRESIDENT OR VICE PRESIDENT Date: !I— 14-13 ATTEST: Corporate Secretary Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services (Corporate Seal) �4;�•GpRPO��'C��: • .ff ]= SEA �•N \ = 1969E Page 9 of 21