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525796 FOX TUTTLE TRANSPORTATION GROUP - CONTRACT - RFP - 7548 MIDTOWN COLLEGE AVENUE CORRIDOR PLAN
PROFESSIONAL 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 FOX TUTTLE TRANSPORTATION GROUP, LLC, 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 five (5) 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 "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than July 31, 2014. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 1 of 22 EXHIBIT A SCOPE OF WORK Carlos Hernandez (Fox Tuttle Transportation Group) and Kristin Cypher (Britina) will work closely with city staff to ensure this project unfolds in a timely manner and adheres to the schedule and budget. The consulting team (Team) will provide deliverables (presentations, handouts, agendas, or other materials) for meetings at least one week in advance of scheduled events. Summaries from meetings and major public events will be published within 2 days of the events. Carlos Hernandez, AICP will be present in Ft. Collins every two weeks during the duration of the project for a regularly scheduled 3-hour meeting with city staff. This will allow "face to face" time during the project to review deliverables, track progress, understand local interest, coordinate public events, and ensure the expectations of this project are achieved. Our combined efforts will ensure new multimodal infrastructure on College Avenue can be implemented in the next 2 years and beyond. We understand triple bottom line measures and the community's interest in a more livable College Avenue. We are ready to build consensus with the stakeholders on complete street designs that serve a diverse range of travelers. The limits of this corridor plan will be College Avenue from Prospect Road to Harmony Road. The primary focus will be College Avenue and the adjacent frontage roads, a secondary part of this effort will examine connections to the Mason Bus Rapid Transit (BRT) Corridor and BRT stations. The study will be conducted in a nine -month timeline starting in October 2013. PHASE I - ENGAGE THE COMMUNITY AND ESTABLISH THE VISION Task 1: Work Plan Meeting #1: Kick-off meeting and tour with SDT A kick-off meeting and corridor tour will occur within two weeks of notice to proceed. This meeting will include the Staff Decision Team (SDT) and the Team. The SDT will be comprised of city staff that the city council relies on to make informed decisions about future infrastructure investments. This meeting will confirm the work tasks, city staffing roles, integration with other projects, prepare a purpose statement, confirm lines of communication, and identify Technical Advisory Committee JAC) members. This would be achieved during a three-hour morning work session. A field tour by bicycle with the SDT and Team would occur after a "brown bag" lunch break. The field tour would include photo documentation, measurements, and informal conversations with the community regarding existing conditions. The field tour would include observations during the PM peak travel hour. Meeting #2: Public Involvement Planning with SDT Our Team is committed and excited to bring our proven public engagement tools to this project. Members of our Team have worked together on award winning and highly informative public involvement efforts across Colorado. We are committed to engaging 100 new people who have never been to a public meeting for a planning project, and generating over 500 impressions for this project on social media. Carlos Hernandez, Kristin Cypher and Nanci Kerr (Sky to Ground) will co -facilitate a meeting with the SDT to select events and activities that maximize the potential for community input during this project. This could include one of the following types Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 10 of 22 of events in 2014: • "College Avenue Tomorrow Block Party' o a block party with entertainment, complete street demonstrations of future improvements, "I want this to be" exhibits, and family friendly events • "Occupy College Avenue' o the alternatives will be printed on weatherproof material the size of two parking spaces. They will them be displayed under a pop-up structure for two hours at a time at various locations in the study area • "College Avenue Plan Van" o a mobile van that is deployed in front of local destinations to gather input about the alternatives • "College Avenue Back to the Future' o deploy striping and equipment to demonstrate future alternatives to obtain user interest and input on potential alternatives Task 1 Deliverable: Final public engagement plan, retainer budget, event dates, schedule, and final document template. Task 2: Existina and Future Conditions The Team will collect new information that is required to develop basic design alternatives in later phases. The information will include: • Detailed measurements of existing bicycle and pedestrian infrastructure conditions in the College Avenue corridor. This will build on the city's photo inventory and previous mapping. The new measurements will include mapping of the existing curb cuts, conflict areas, segment width, and general condition assessment of existing vegetation. • Information related to the CDOT overlay project that is schedule for 2014. This will include mapping of the overlay project, their anticipated, schedule, and any potential issues or opportunities associated with the project. • Corridor level traffic volumes from the regional travel demand model for year 2035. This would include College Avenue, parallel arterials, and intersecting arterials. • Summary of any 2014 city funding sources that could be used for College Avenue demonstration projects. Meeting #3: TAC Review of Existing Conditions A meeting with the Technical Advisory Committee (TAC) members will be conducted to introduce the project, discuss the fieldwork, and identify action items for the TAC. This would be achieved during a two-hour morning work session with the TAC. Task 2 Deliverable: All existing conditions information will be delivered as a draft in the final document template. Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 11 of 22 Task 3: Corridor Vision Meeting #4: Corridor Vision "drop in" Workshop with SDT This task will further define the vision identified in the Midtown Plan within the Triple Bottom Line framework. The Team will conduct an "4 hour drop in" workshop to identify challenges, opportunities, and actions associated with the concepts that have been identified for this corridor. The workshop is envisioned as a 1/2 day session that includes group exercises and facilitated conversations. Participants can "drop in" (as their schedule allows) to provide comments as the Team further identifies the corridor vision, challenges, and opportunities. An on-line survey will be sent to the SDT and TAC before the workshop to gauge general challenges, opportunities, and actions. The survey responses will be summarized and used to facilitate conversation during the workshop. Staff will provide overview on how the current Midtown Plan achieves the Triple Bottom Line framework. The Team will provide ideas on how modifications to the visions could improve the adherence to the Triple Bottom Line measures. The products generated from this workshop include: • Challenges the alternatives will need to overcome • Opportunities to implement the alternatives • Actions that need to be taken to achieve the vision • A concise vision that can be used to prepare the alternatives • Summary of the Triple Bottom Line audit Task 3 Deliverable: All vision information will be delivered as a draft in the final document template. PHASE II - ALTERNATIVE DESIGN CONCEPTS & DESIGN SCHEMATICS Task 4: Alternatives Development The Team has worked with stakeholders on transportation projects in the study area. Through these projects and relationships, our Team has gained experience and knowledge of the existing and future multimodal investments in the College Avenue corridor. Using this as a basis, our Team will collaborate with stakeholders to determine the optimal integration of pedestrians, bicycles, and transit while also exploring "first and final mile" solutions to the Mason BRT. This will include currently programed or funded improvements that may present issues or opportunities to implement complete street features. The alternatives will be prepared with the following details: Right-of-way widths and future conditions to determine opportunities and challenges associated with complete street designs. First and final mile" access to the Mason BRT. • Pedestrian safety and visibility improvements that sever a diverse walking demographic. Elements to be evaluated for improvement could include features such as HAWK beacons, full pedestrian signals, pedestrian signal timing adjustments, high visibility striping, lane diets, access management, audible warnings and sidewalk buffers. Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 12 of 22 • Bicycle facilities focus on the "interested but concerned" riders. Motor vehicle traffic safety — Although pedestrians, bicycles and "first and final mile" access will be the primary focus of analysis, the Team also realizes that safer travel for personal automobiles is a critical component to analyze. We will evaluate traffic safety features to determine the most beneficial measures to include in the alternatives. • Organize complete street design features to meet existing, interim and planned timelines. Meeting #4: Alternatives "drop in" Workshop with SDT and TAC The Team will facilitate an 8 hour workshop with the stakeholders to generate potential alternatives early in task 4. An on-line survey will be sent to the stakeholders before the workshop to identify potential alternatives. The survey responses will be reviewed and used to facilitate conversation during the workshop to generate alternatives. Task 4 Deliverable: The Team will develop up to three alternatives that are consistent with the corridor vision. Each will include a "branded" vision that reflects its unique benefit. The Team will prepare alternatives based on 10% level of engineering detail after the workshop. Each of the alternatives will also include a preliminary evaluation of the phasing, funding, and performance. This will be delivered as a draft in the final document template. Task 5: Alternatives Evaluation The Team will utilize the triple bottom line sustainability principles within the environmental, social, and economic categories to evaluate the alternatives. This will be combined with project specific evaluation criteria that are determined in a staff working group meeting. Meeting #5: Determine Evaluation Criteria SDT The Team will facilitate a workshop with the SDT to generate potential evaluation measures early in task 5. An on-line survey will be sent to the SDT before the workshop to identify potential evaluation measures for the alternatives. The survey responses will be reviewed and used to facilitate conversation during the workshop. A brief presentation on performance measures used in other projects and program will be given during this meeting. This could include: • FTA/HUD/DOT/EPA Livability Measures, • CalTrans Smart Mobility Performance Measures, • RTD Denver Quality of Life program measures, and • others as contributed by staff prior to the meeting. Meeting #6: Evaluate the Alternatives SDT and TAC The Team will facilitate a workshop with the stakeholders to score each of the alternatives using the evaluation criteria and the triple bottom line sustainability principles. An on-line survey will be sent to the stakeholders before the workshop to preliminary evaluate the alternatives. The survey responses will be reviewed and used to facilitate conversation during the workshop. Task 5 Deliverable: The Team will provide a summary of the polling results and ranking of the alternatives prior to starting Task 6. This will be delivered as a draft in the final document template. Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 13 of 22 PHASE III — RECOMMENDATIONS Task 6: Preferred Alternative The preferred alternative will be based on the findings in Task 5. Using this information, the Team will host a "living lab" to introduce the features of the preferred alternative. The "living lab" will be an opportunity for the community, elected officials, and stakeholders to experience the changes where they may occur over multiple days. The input received during the "living labs" project will be used to make final design additions to the preferred alternatives. Task 6 Deliverable: The Team will provide a summary of the input from the "living lab" and amend the preferred alternative. This will be delivered as a draft in the final document template. Task 7: Implementation. Funding, and Phasing Bill Fox (Fox Tuttle Transportation Group), Mike Oberlander (Interwest), and Jamie Licko (Centro) will identify immediate and annual actions to implement the preferred alternative. Jamie Licko (Centro) will prepare a short business plan for moving the preferred alternative toward final design and ultimately construction. The Team will also support the stakeholders in filing a grant application for a state or federal funding source. Meeting #7. Preferred Alternative Action with SDT The Team will facilitate a workshop with the SDT that presents the business plan and opportunities for grants. Stakeholders will receive the presentation a week prior to the meeting. Task 7 Deliverable: The Team will provide a short business plan and support the stakeholders in a grant application. The business plan will be delivered as a draft in the final document template. Task 8: College Avenue Corridor Master Plan Adoption Kristin Cypher and Carlos Hernandez will lead the Team during the adoption of the preferred Plan. Each of the prior tasks' deliverables will be used to prepare an executive summary (10 Pages) that includes illustrations of the key features of the preferred corridor plan. A corridor plan graphic that has illustrations and outlines strategic direction for physical design will be the primary deliverable. Each of these alternatives will include a draft and one revision based on a 4-week timeline. Members of the Team will be available to support public, council, and planning commission meetings at the levels identified in the budget at the city's direction. All technical information will be compiled into an electronic technical appendix that is available on the project dropbox. Task 8 Deliverable: College Avenue corridor plan graphic (10% level of detail) and Executive Summary (10 page highly illustrative). Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 14 of 22 � tfG | )_ ! \ | A /!\ \\ _ . !(° |a - E |q � %/ � | 6.\;�� _ -- - \ $ ( !4g4K° . 4 ■ k z O OF W z xw xa wg O U u UEJd Auoglutl v v W a walgapy gsof vallpog essaueA o - e C Y v ogall aiwef _ o ' pasuy apeN W o W e Y i 11aN AMEN W m W '° O N <_ c APIA suQ o ' f xy a W t Y zapuepag0 ahlW W v C zad'd wil- e m glagdAD N upsuN _ W a v '„° v m unaDgog o - Y zapuewaH ealssal W W xzapuew aH soli eD s xoj Ilia s g o � y `a E o E a ry u y O q c a i c a a o c v e t y v n Yc_ r LL cu c a N� c a 'E E e ¢ o _ E Y 4 W Y K C Y (1 u F F F vmi a m a 1A �D iO e = W W Y V _ b e Y Y O P a c W W W 2 p �yp C e m 6 - g !N� C ' m o ' _Y s" N N N -• Y ao - R m x c c E o vraE m Ee< ° z c _ � v E 15 ¢ c a Y oY E u i ¢ E Y y O a W s o v c m n u'Oi m n N O - Q O - e L V y_ a N N N W ry a _ c o - Ve S _ i p ' N N Q O - b N N a S a L � O e C_LO - g g A III !C� C ' O V M O Y; Q o c a E ° c e — G o � e ti O e= C j w V Y d O V G G C Q u° ¢ e a ' e o On d q M N N O r d 0) cc IL C N a `O 0 c U d a (D OIQ Q N N N � O (D U N C O OC N OD O Lo a`r- 1>2L■11 TRANSPORTATION GROUP BILLING RATES Staff Function Hourly Rate Principal — Bill Fox $155.00 Principal — Steve Tuttle $140.00 Senior Planner— Carlos Hernandez $140.00 Engineer $100.00 Planner $100.00 CAD Operator $70.00 Technician $50.00 Expenses: Expenses invoiced at cost plus 10% Mileage invoiced at $0.65lmile Rev 9p)/12 Do P.O. BOX 1976a, BOULDER, COLORADO 8030B-2768 PHONE: 303-652-3571 I FAX: 303-652-6574 1 WWW.rOXTUTTLE.COM Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 18 of 22 alta n Alta Planning + Design Standard Billing Rates Principall $285 Principal II $21C Principal 111 $185 Senior Associate $135 Associate 1 $12_ Associate ll $110 Senior Planner $95 Planner 1 S9C Planner I I $8C Assistant Planner $75 Senior Designer S1110 Designer 585 Designer $75 Program Manager $10C Outreach Coordinator SK ,IS Planner $75 graphic Designer $75 Engineer $100 Intern I $60 Intern II $45 Senior Admin $95 Admin 1 $15 Admin 11 S55 The charges per hour shown are effective through December 31, 2012 and subject to revision annually thereafter. Subconsultant fees shall be charged at actual cost Fapenses Reimbursable expenses shall be charged at actual cost. M ileage on project tasks shall be charged at the IRS standard rate. Reproduction Costs: Color copies SQ50/ a e Black and white copies 24" x 36' large format plot $I5.00 /sheet 36" x 4S" large Cormat plot $30.00 /sheet Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 19 of 22 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Fox Tuttle Transportation Group City of Fort Collins City of Fort Collins Attn: Carlos Hernandez Attn: Aaron Iverson Attn: Purchasing Dept. PO Box 19768 PO Box 580 PO Box 580 Boulder, CO 80308-2768 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit D 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 Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 2 of 22 INTERWEST CONSULTING GROUP PROFESSIONAL SERVICE RATES 2013 PERSONNEL HOURLY RATE Principal $130 Sr. Project Manager $111 Project Manager $106 Sr. Project Engineer $98 Project Engineer $93 Design Engineer $85 CAD Technician $75 Clerical $57 DIRECT EXPENSES RATE Mileage $0.60/mile Copies (8'/2" X 11") $0.20/copy Prints (24" X 36") $2.50/sheet Mylar Sepia (24" X 36") $20.00/sheet Unless otherwise stated expenses such as outside are in addition to the base fifteen percent. in the Agreement for Professional Services, reimbursable reproduction, deliveries, sub -consultant fees, and travel costs contract fees and are charged as listed above or at cost plus These Professional Service Rates are considered Confidential and shall not be released to a third party without written permission of Interwest Consulting Group, Inc. Rates are subject to change. Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 20 of 22 EXHIBIT D 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 7548 Midtown College Avenue Corridor Plan Page 21 of 22 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 7548 Midtown College Avenue Corridor Plan Page 22 of 22 / ® ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY) 10/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONNTAME:ACT Van Stone PHONENo, FAX ` (A/C, No IC,1515 Van Gilder Insurance Corp. Wynkoop, Suite 200 Denver CO 80202 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC q INSURER A INSURED INSURER B:Ha f r Casualty Ins INSURER C:HARTF D INS CO OF THE MIDWEST 747 Fox Tuttle Transportation Group, LLC INSURER D P.O. Box 19768 Boulder CO 80308 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 1957833343 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE AD INSR UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B GENERAL LIABILITY - Y Y 34SBWPE8709 10/10/2013 0/10/2014 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FTI OCCUR PREMDAMAGE ( RENTED PREMISES RENT occurrence) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ 17 POLICY X PRO- LOC JEQI B AUTOMOBILE LIABILITY Y Y 34SBWPE11709 10/10/2013 0/10/2014 Ea accident 1 000,000 BODILY INJURY (Per person) S ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acciden $ xtt x NON -OWNED HIREDAUTOS AUTOS $ B X UMBRELLA LIAB X OCCUR Y Y 34SBVVPE8709 10/10/2013 0/10/2014 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED x IRETENTION$ 10.000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y 34WEGRE5170 10/10/2013 1011012014 X I WC STATU- I OTH- ER E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE 51,000,000 (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Liability 105354784 10/10/2013 0/10/2014 Per Claim $1,000,000 Claims Made Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers' Compensation. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over See Attached... City of Fort Collins; Purchasing Department Attn: John Stephen, CPPO, LEED AP, Senior Buyer P.O. Box 280 Fort Collins, CO 80522 I.N IY V GLLF1 I lull SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: AC �R� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Van Gilder Insurance Corp. NAMED INSURED, Fox Tuttle Transportation Group, LLC P.O. Box 19768 Boulder CO 80308 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability, Automobile Liability and Employers Liability. _: 7548 Midtown College Avenue Corridor Plan Insured: City of Fort Collins, its officers and employees ACORD 101 (2008/01) IJ zuuu AUUKU wKI-'U cA I IVN. Aa ngnis reservea. The ACORD name and logo are registered marks of ACORD basis according in accordance with Exhibit "C" consisting of five (5) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Ninety -Six Thousand Six Hundred Dollars ($196,600). 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 "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 3 of 22 storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those 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 Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 4 of 22 not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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 7548 Midtown College Avenue Corridor Plan Page 5 of 22 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 7548 Midtown College Avenue Corridor Plan Page 6 of 22 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 7548 Midtown College Avenue Corridor Plan Page 7 of 22 consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 8 of 22 THE CITY OF/ -FORT COLLIW, COLORADO By: I'' Gerryaul Director of Purchasing & Risk Management DATE: t (J Zoo , Z ATTEST: City Elerk� �� Q �" SEAL APP OVED AS/T FORM: 7 441 Ass' ant City Attorney FOX TUTTLE TRANSPORTATION GROUP LLC By: 6 �� Z=� — Title: parfne✓- CORPORATE PRESIDENT OR VICE PRESIDENT Date: 1 O - 1 b - ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement 7548 Midtown College Avenue Corridor Plan Page 9 of 22