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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - CONTRACT - RFP - 7522 RIVERSIDE BRIDGE DESIGN SERVICESProfessional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 1 of 20 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 MICHAEL BAKER JR., INC., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of six (6) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. 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) 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 October 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 DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 2 of 20 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: Michael Baker Jr., Inc. Attn: David Nemovitz 165 S Union Blvd., Suite 200 Lakewood, CO 80228 City of Fort Collins Attn: Jin Wang PO Box 580 Fort Collins, CO 80522 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. 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 and vehicle 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 as provided in Exhibit “C” , consisting of DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 3 of 20 three (3) pages attached hereto and incorporated herein, a fixed fee in the amount of One Hundred Seven Thousand Two Hundred Forty-Five Dollars and Three Cents ($107,245.03) plus reimbursable direct costs. All such fees and costs shall not exceed One Hundred Seven Thousand Nine Hundred Eighteen Dollars and Seventy-Eight Cents ($107,918.78) in accordance with Exhibit “C”, consisting of three (3) pages attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub- contractors are not parties to this agreement. In the event subcontractors are utilized and approved by the City the rates agreed to for such 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 agreed by the parties the excess amount shall not be paid or owed by the City. 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 DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 4 of 20 accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those 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. Professional 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. Professional may, however, subcontract the work or other portions of the Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 5 of 20 apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 13. 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 DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 6 of 20 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. 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. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 7 of 20 c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not 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 DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 8 of 20 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 "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney MICHAEL BAKER JR., INC. By: __________________________________ Printed: _______________________________ Title: _______________________________ Date: _______________________________ DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 6/9/2014 Mary Keith Floyd Assistant Vice President 6/23/2014 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 9 of 20 EXHIBIT A SCOPE OF WORK PROJECT DESCRIPTION: This project, referred to herein as the “Riverside Project”, relates to the planned improvements of Riverside Drive over Spring Creek in Fort Collins, CO. At this location, there is an existing bridge that carries Riverside Drive over Spring Creek (Riverside Bridge). The Riverside Bridge was originally constructed in 1985 and consists of a single span approximately 37’-6” long over both Spring Creek and the Spring Creek Trail (East) mixed-use recreational trail. The bridge width is 42’-11” out-to-out, and carries two lanes of traffic along Riverside Avenue, which serves as the only access into and out of the Edora Pool Ice Center (EPIC). In addition, the small hydraulic opening of the bridge and the relatively low vertical grade of the roadway result in an inadequate facility to pass the 100-year flood event. Consequently, this bridge and roadway are susceptible to overtopping and flood damage, making this a public safety hazard. As a result, the City is planning to replace the existing bridge with a new structure that will satisfy all current design criteria and meet City goals for project improvements. It is intended that the bridge replacement structure and reconstruction of the approach roadway will be designed to pass a hydraulic event greater than today’s capacity, and possibly up to the 100-year event. Other potential elements include: raising the grade of the trail to avoid seasonal flooding; minimizing impacts to the City and public during construction; satisfying MS4 water quality requirements; incorporation of urban design elements through a context sensitive solutions process; obtaining all applicable permits including NEPA documentation, FEMA certification, and approvals from City Floodplain Administration and Parks and Recreation; and supporting the City in the public information process. The first phase of the project will be to evaluate all of the potential project features for need, preference, and funding. This scope of work applies to Phase I of the project development which includes the primary work tasks as defined in the next section, Scope of Services. Upon determination of the preferred bridge replacement alternative and associated project features, it is anticipated that a new scope of work and a new work order will be engaged for final design services. SCOPE OF SERVICES: The scope of services for this project is to perform Phase I of the project development. Phase I of the design includes: the stakeholder/property owner coordination, concept development, preliminary design, and selection of the preferred project solution and features. Specific project tasks are:  Coordination with all affected stakeholders and property owners to obtain input relating to goals, desires, preferences, and commitments to the overall project  Compilation of stakeholder and property owner feedback  Establishment of project features and criteria to be considered for concept development and preliminary design  Hydraulic analysis (existing conditions and proposed alternatives) of Spring Creek within applicable reach of stream limits DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 10 of 20  Structural layout and preliminary design in concert with hydraulic analysis  Preliminary roadway geometric layout to support hydraulic and preliminary structural analysis  Cost analysis to compare potential project solutions and features against available project funding  Final selection of preferred bridge replacement and hydraulic solution  Determination of preferred alternatives for stormwater quality treatment  Final selection of additional project features to be included in final design  Scoping for project final design It is anticipated that the design work will primarily include the following disciplines: project management, bridge, roadway, hydraulics/floodplain, and construction phasing. The City will be responsible for providing survey information including a digital terrain map. This scope of work will generally follow all applicable CDOT processes and procedures. I. Project Administration Upon notice to proceed, Professional will perform project administration duties throughout the length of the contract. A. Invoices will be provided to the City on a monthly basis and will include a billing summary and a progress report for work performed during the current billing period and project to date. B. Professional will develop and maintain a project schedule. C. All documents will receive a quality assurance and quality control (QA/QC) review, in accordance with The Baker Way (Professional’s internal project and quality management manual), prior to submittal. Additionally, all submittals will include a quality assurance audit letter verifying that the QC process was followed. D. The following meetings are anticipated:  One project kick-off meeting  One partnering meeting (office) with City Stakeholders and Property Owners  Progress meetings (assume 2 meetings in Fort Collins and 4 phone meetings)  One partnering meeting (field) with City Stakeholders  One preliminary design meeting  Bi-weekly internal coordination meetings  No attendance at City Council meetings are anticipated E. Professional will prepare documentation of applicable meetings and telephone conversations and provide them to the City for review and recording keeping. II. Preliminary Design DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 11 of 20 The first phase of the design process will be to perform a preliminary design evaluation of the bridge hydraulics, structure layout and type, and accompanying roadway and trail geometrics to determine potential bridge replacement alternatives. The alternatives will be compared against project criteria, stakeholder requirements and preferences, and project funding. The hydraulic study and structure type study shall be prepared in accordance with CDOT requirements. The preliminary engineering design will include evaluation of potential geometric layout alternatives for the replacement structure focusing primarily on geometric constraints, hydraulic capacity and floodplain impacts, roadway and trail geometrics, and estimated construction costs. Other considerations that will be evaluated at a high-level (i.e. qualitative rather than quantitative) are: roadway and trail improvements, construction phasing, maintaining local accessibility, MS4/water quality, and right-of- way impacts. Work elements include: A. Surveying / Survey Mapping – The City will survey the existing ground conditions and other relevant topography. The raw survey data will be processed and converted into a digital terrain model by the City and provided to Professional in an AutoCAD format. A 3D TIN surface will also be provided by the CITY. Professional will review the TIN surface and conduct a field walk to verify the surveyed features. B. Preliminary Hydraulic/Scour Design – Professional will use the survey and existing hydraulic models to study the existing and proposed hydraulic conditions. This effort will include the following scope efforts: 1. Professional will create an existing conditions HEC-RAS hydraulic model for the reach of Spring Creek that will be affected by the project. 2. Professional will compare the results of the existing conditions model to the effective FIS profile and the effective Flood Insurance Rate Map (FIRM) to baseline modeling and identify discrepancies. 3. Professional will investigate the feasibility of a revised structure and roadway that would pass the 100-year event including freeboard based upon CDOT provisions. In addition, alternatives that will pass design flows less than the 100-year event will also be considered based on applicable criteria. Up to six proposed conditions models will be prepared in concert with the various bridge replacement and roadway reconstruction alternatives to evaluate hydraulic solutions, including floodplain impacts. In addition, the proposed conditions models will consider potential improvements to the trail resiliency to flood events (preferably no less than the 2-year event). 4. Professional will perform a comparative analysis of the proposed conditions models to determine the preferred alternative. The analysis will include identification of hydraulic modeling and mapping concerns, such as: reaches of significant aggradation or degradation, tie-ins to the effective FIS modeling and mapping, previously identified non-levee embankments, and safety concerns. 5. Professional will present the proposed condition models to the City, including a recommendation for the preferred alternative. The City will select a preferred alternative prior to further development of any design elements other than hydraulic concepts. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 12 of 20 C. Preliminary Structural Design and Structure Selection Report – Professional will support the hydraulic modeling alternatives analysis by developing associated bridge configuration solutions. A conceptual cost and constructability analysis will be prepared to supplement the alternatives analysis and ultimately determine the recommended bridge layout and roadway configuration. Professional will perform a structure selection process to identify the preferred structure type and relevant design decisions. The selection process will evaluate criteria such as hydraulic capacity, constructability, phasing, geometrics, maintenance/durability, and construction costs. A Structure Selection Report (SSR) will be prepared to document the process. The SSR will be in accordance with CDOT requirements, including the development of a General Layout and Construction Staging sheet, and estimated construction costs. D. Preliminary Roadway/Trail Geometrics Design – Professional will develop preliminary vertical alignments and conceptual construction costs to support the hydraulic proposed conditions modeling. It is assumed that the project limits will be from the entrance into the existing Edora Park parking lot to the north to the entrance to the Edora Pool and Ice Center to the south. No intersection improvements are accounted for in this scope. MOT concepts will be evaluated and presented to the City in a memorandum including graphical exhibits. The preferred hydraulic alternative will be used to develop a preliminary roadway layout that satisfies all geometric and functionality requirements for the roadway, sidewalks, and trail below. Preliminary plans include typical sections, roadway/trail plan and profiles, and construction phasing. E. Determination of preferred Stormwater Quality Alternatives – Professional will develop preliminary sizing for traditional and mechanical stormwater quality BMP alternatives to determine applicability and constructability for areas requiring treatment within the project limits. The City will select the preferred BMP’s for use on the project. Elements of the preliminary sizing will include: preliminary hydrology, sizing (either volume or flowrate), and grading (as required) for the BMP’s, F. Preliminary Drainage Design – Preliminary drainage design is not included in this scope of work. G. Utilities – Utility investigations and preliminary design work is not included in this scope of work. H. Geotechnical Investigation – Geotechnical investigation and design recommendations are not included in this scope of work. I. Easements / Right of Way – The City will evaluate existing ROW / ownership mapping. Professional will coordinate with the City to determine limits of ROW and easement needs. No legal descriptions or exhibits are anticipated to be provided within this scope. J. Environmental Documentation – An environmental process is not included with this scope of work. K. Urban Design – Urban design is not included in this scope of work. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 13 of 20 L. Public Outreach – Public outreach is not included with this scope of work. M. FIR plans – FIR plans are not included in this scope of work. N. Construction Cost Estimate – Professional will prepare conceptual construction costs for various concepts in support of the effort to identify project decisions and direction. III. Final Design (FOR), Advertisement, and Post-Design Construction Support It is anticipated that these project elements will be scoped and initiated at a later date, after completion of this work order. IV. References and Design Criteria The following references and design criteria shall be used throughout all phases of the project: A. All hydraulic design shall follow the City of Fort Collins Floodplain Modeling Guidelines. B. All structural design shall follow the load and resistance factor design (LRFD) methodology. Design shall be in accordance with the AASHTO LRFD Bridge Design Specifications, 6 th Edition with interims through 2012. In addition, the design shall follow all CDOT technical documents, including: Bridge Design Manual, Bridge Detailing Manual, Load Rating Manual, and Technical Memorandums. C. All roadway design shall follow the AASHTO Roadside Design Guide, 4th Edition and AASHTO Policy on Geometric Design of Highways and Streets, 6th Edition. D. All trail design shall follow the AASHTO Guide for the Development of Bicycle Facilities, 4th Edition and City of Fort Collins Design Guidelines for Grade-Separate Pedestrian, Cyclist, and Equestrian Structures, 2001. Current ADAAG and draft PROWAG criteria shall also apply. E. Construction specifications will be in accordance with the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction and related special provisions. F. ADA and Draft PROWAG All drainage design shall follow the Fort Collins Stormwater Criteria Manual adopted December 2011 G. Other references as applicable. V. DELIVERABLES The following is an estimate of the deliverables required for this project. Refer to the detailed discussions above for further detail. All copies shall be submitted in hard copy and .pdf format; plans are 11x17, all others 8½ x11, except as noted otherwise. Project Administration: (Ongoing) - Develop and maintain a project schedule DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 14 of 20 - Monthly progress reports with monthly invoices - Meeting and telephone conversation documentation - Quality Control review of all project deliverables prior to their submittal Preliminary Design - Engineering drawings and details necessary to convey design alternatives - Preliminary Hydraulic Report (for Riverside Bridge structure only) - Preliminary Structure Selection Report - Conceptual construction cost estimates DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 15 of 20 EXHIBIT B WORK SCHEDULE DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 16 of 20 EXHIBIT C COMPENSATION DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 17 of 20 DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 18 of 20 DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 19 of 20 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. 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. 3. Errors and omissions insurance in the amount of $1,000,000. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 New Insurance Professional Services Agreement 7522 Riverside Bridge Replacement Design Services – Phase I Page 20 of 20 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. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130777415153167440307537514233631103075372730275333210767515063046661207364015570076130076727242035772000777777707000707007 7777777707070700073525677115456000723101516137112007132327242173111070222273530720010702233724216310007023337253063100070222373520630010703333724217301107133327253172011077756163351765540777777707000707007 Certificate No : 570054051048 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/09/2014 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). 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. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office Dominion Tower, 10th Floor 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: Liberty Mutual Fire Ins Co 23035 INSURER B: Lloyd's Syndicate No. 2623 AA1128623 INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: Michael Baker Jr., Inc. 165 S. Union Blvd, Suite 200 Lakewood CO 80228 USA COVERAGES CERTIFICATE NUMBER: 570054051048 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130777415153167440307537514233631103075376370231733210727515463006621207360011570036530076727242035772000777777707000707007 7777777707070700073525677115456000723111417127112007132337352162011071223372520631100712223625217311007033237253172000070332273521731100703322724217300007022237343062110077756163351765540777777707000707007 Certificate No : 570054109800 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/13/2014 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). 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. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office Dominion Tower, 10th Floor 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: Liberty Mutual Fire Ins Co 23035 INSURER B: Lloyd's Syndicate No. 2623 AA1128623 INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: Michael Baker Jr., Inc. 165 S. Union Blvd, Suite 200 Lakewood CO 80228 USA COVERAGES CERTIFICATE NUMBER: 570054109800 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $5,000 $2,000,000 $4,000,000 $4,000,000 A TB2681004145713 06/30/2013 06/30/2014 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000 A 06/30/2013 06/30/2014 COMBINED SINGLE LIMIT (Ea accident) AS2-681-004145-723 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH- ER PER STATUTE Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below QC1302675 06/30/2013 06/30/2014 Per Claim Professional & Pollution Aggregate $5,000,000 B E&O-PL-Primary SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For Named Insured Only: Attn: David Nemovitz. RE: 7522 Riverside Bridge Replacement Design Services - Phase I. Refise attached certificate - add to description: City of Fort Collins is included as additional insured on the General Liability and Automobile Liability policies as required by contract. CERTIFICATE HOLDER CANCELLATION CityREPRESENTATIVE of Fort Collins AUTHORIZED Attn: Jin Wang PO Box 580 Fort Collins CO 80522 USA ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X XX GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $5,000 $2,000,000 $4,000,000 $4,000,000 A TB2681004145713 06/30/2013 06/30/2014 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) A $1,000,000 06/30/2013 06/30/2014 COMBINED SINGLE LIMIT (Ea accident) AS2-681-004145-723 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH- ER PER STATUTE Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below QC1302675 06/30/2013 06/30/2014 Per Claim Professional & Pollution Aggregate $5,000,000 B E&O-PL-Primary SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For Named Insured Only: Attn: David Nemovitz. RE: 7522 Riverside Bridge Replacement Design Services - Phase I. CERTIFICATE HOLDER CANCELLATION CityREPRESENTATIVE of Fort Collins AUTHORIZED Attn: Jin Wang PO Box 580 Fort Collins CO 80522 USA ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 4B3676AB-9BEE-469C-B101-35397C8416A5