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HomeMy WebLinkAbout524763 JUB ENGINEERS - CONTRACT - RFP - 7525 ARTHUR DITCH BRIDGE REPLACEMENT DESIGN SERVICProfessional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 1 of 19 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 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 September 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 the parties. DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 2 of 19 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: JUB Engineers Inc Attn: Jeff Temple 3538 JFK Parkway, Suite 1 Fort Collins, CO 80525 City of Fort Collins Attn: Tracy Dyer 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 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 two (2) pages, attached hereto and DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 3 of 19 incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Twelve Thousand Six Hundred Seventeen Dollars ($112,617). 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 amounts 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. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 4 of 19 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 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 5 of 19 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. DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 6 of 19 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. DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 7 of 19 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, DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 8 of 19 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 JUB ENGINEERS, INC. By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 6/19/2014 Executive Vice President 6/19/2014 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 9 of 19 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 the 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. The City of Fort Collins has requested that this project’s design services be divided into three phase as follows:  Phase #1 shall include Project Start‐Up and Management; Data Gathering, Field Investigation, & Preliminary Reporting; and Preliminary Design (FIR) & Preliminary Plans (Task Nos. 1‐30)  Phase #2 shall include Final Design (FOR) and Bid Ready Documents (Task Nos. 31‐60)  Phase #3 shall include Bid and Construction Services (Task Nos. 63‐67) The following Scope, Schedule, and Basis of Fee pertain to Phase #2, as described above. PART 1 – SCOPE OF SERVICES A. Basic Services – The services will consist of services necessary to perform design engineering of the concrete box culvert replacements and the associated roadway, sidewalk ramps, retaining wall design, and overall plan and specification preparation. City of Fort Collins staff will perform the floodplain no‐rise check with mandatory input required for the model provided by J‐U‐B. 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:  City/CLIENT – City of Fort Collins  Professional - J‐U‐B – J‐U‐B Engineers, Inc.  Stantec – Stantec Consulting Services, Inc.  Terracon – Terracon Consultants, Inc. 31. Respond to Preliminary Comments a. Scope of Services: i. The J‐U‐B/Stantec Team will review comments received from stakeholders. We will address these comments and modify the plans as required. b. Deliverables: i. Comment response tabulation 32. Final Culvert Geometrics a. Scope of Services: i. Based on coordination with the City, modeling results, and comment review, the DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 10 of 19 design team will determine the final culvert layout and geometrics for final design. b. Deliverables: i. None 33. Modeling Correspondence (Work with City between FIR and FOR) a. Scope of Services: i. The design team will work with the City while they are performing modeling tasks. We will be available to supply the City with required design parameters which are needed for modeling. This will include minor iterative changes that are required to minimize the effects to existing floodways and floodplains. b. Deliverables: i. None Items 34 through 50 represent both the design and plan production for the FOR set of plans. Generally, the work required for these Tasks entails updating the FIR plans to the FOR level. The FOR plans will be approximately 95% complete. 34. General Drawings – Cover, Notes, Legend, Typicals, etc. a. Scope of Services: i. J‐U‐B will update the following plan sheets from the FIR submittal:  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. FOR plans 35. Quantity Tabulation Sheets (Approx. 6 Sheets) a. Scope of Services: i. J‐U‐B will update the quantity tabulation sheets to reflect the final design. Included on these sheets will be a breakdown of the following quantities:  Concrete box culvert quantities  Surface items  Major removal and demolition items  Earthwork (structural excavation and backfill)  Drainage items b. Deliverables: i. FOR Plans 36. 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. FOR Plans 37. Demolition Plan (1 Sheet per Project Location) a. Scope of Services: DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 11 of 19 i. Demolition items will be shown on this plan. 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. FOR Plans 38. Roadway Plan Sheets (1 Sheet per Project Location) a. Scope of Services: i. J‐U‐B will update the FIR plans to include changes to surface improvements such as curb & gutter, sidewalk, driveways, inlets, etc. ii. J‐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. FOR Plans 39. Culvert Plan and Profile (1 Sheet per Project Location) a. Scope of Services: i. The J‐U‐B/Stantec team will update the FIR plan sheets to include the final concrete box culvert plan & profile at each project location. The plan sheets will show box culvert geometrics along with limits of structural excavation and backfill. ii. These sheets will also include pertinent construction notes. b. Deliverables: i. FOR Plans 40. Structure General Layouts (1 Sheet per Project Location) a. Scope of Services: i. J‐U‐B will update the structural layout sheets to include any changes to the structural cross‐sections 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. J‐U‐B will update box culvert material quantities show on these sheets. b. Deliverables: i. FOR Plans 41. Structure Sections and Detailing (1 Sheet per Project Location) a. Scope of Services: i. J‐U‐B will detail the concrete box culvert designs that were finalized during the FIR phase of design. ii. J‐U‐B will detail transitions and closure pours required for the box culverts. iii. If precast units are used for the box culvert, J‐U‐B will include pertinent process notes required for culvert installation. b. Deliverables: i. FOR Plans 42. Drainage Inlet Design with Possible Water Quality Inlets/Manholes a. Scope of Services: i. The J‐U‐B/Stantec team will coordinate with City staff to determine if new or modified storm drain inlets are required. If inlets are required, J‐U‐B will call out DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 12 of 19 locations and standard City details. ii. The J‐U‐B/Stantec team will include water quality features within storm drain inlets per City Standards. b. Deliverables: i. FOR Plans 43. Signing and Pavement Marking (Show on Plan Sheet & Detail) a. Scope of Services: i. J‐U‐B will show pavement markings and signing that is required to bring the project locations back to their original configurations. ii. Pavement marking and signing will be shown on overall plan sheets. b. Deliverables: i. FOR Plans 44. Roadway Grading and Drainage (1 Sheet per Project Location) a. Scope of Services: i. J‐U‐B will update the plan sheets to include changes to 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. FOR Plans 45. Erosion Control, MS4 (<1 acre) (1 Sheet per Project Location & 2 Sheets of Notes) a. Scope of Services: i. Since it is assumed that the disturbed area will be less than 1 acre, J‐U‐B is not anticipating the need for a full stormwater management plan. ii. J‐U‐B will supply erosion control plans for each project location showing BMP’s and erosion control notes. iii. J‐U‐B will fulfill the requirements of the City’s MS4 permit. b. Deliverables: i. FOR Plans 46. Construction Phasing Plan (1 Sheet per Project Location) a. Scope of Services: i. J‐U‐B will update the overall construction phasing for each project location that were prepared for the FIR submittal. b. Deliverables: i. FOR Plans 47. Traffic Control/Detour Plan (1 Sheet per Project Location) a. Scope of Services: i. J‐U‐B will continue coordination with the City’s Engineering and Traffic Operations staff to determine the most 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. J‐U‐B will then prepare traffic control/detour plans per agreed‐upon conditions. b. Deliverables: i. FOR Plans DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 13 of 19 48. Culvert Details (Approx. 4 Sheets) a. Scope of Services: i. Stantec will prepare culvert insulation details, including excavation, backfill, manholes, inlets, access points, etc. b. Deliverables: i. FOR Plans 49. Surface Details (Approx. 6 Sheets) a. Scope of Services: i. The plans will include pertinent details and/or references to standard details. These details will include pavement, sidewalk, ramps, driveways, curbs, and other surface details as necessary. b. Deliverables: i. FOR Plans 50. Cross Sections a. Scope of Services: i. J‐U‐B will supply cross‐sections prepared from the surface model in AutoCAD format. These sections will be located at intervals agreed upon with the City. It is assumed that, for the purposes of this proposal, the interval will be 50 feet, resulting in approximately 2 sheets of cross‐sections per project area. b. Deliverables: i. FOR Plans (End of Plan Production Task Numbers) 51. Prepare Property Restoration Plans (6 Exhibits) a. Scope of Services: i. J‐U‐B will prepare up to six (6) restoration plans for individual properties. The purpose of these plans will be to show required modifications and improvements within the property boundaries and to help the property owners understand the project’s impacts to their respective properties. b. Deliverables: i. Exhibits 52. Prepare Specifications a. Scope of Services: i. The project specifications will be based on the Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction (latest edition). ii. J‐U‐B will supply technical provisions which will modify the CDOT specifications, as required. iii. J‐U‐B will assist the City in assembling the contract documents. b. Deliverables: i. Specifications 53. Opinion of Probably Const. Cost (OPCC) and Summary of Approx. Quantities a. Scope of Services: i. The J‐U‐B/Stantec Team will update the OPCC to reflect changes included in the FOR plans. b. Deliverables: i. OPCC DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 14 of 19 54. QA/QC a. Scope of Services: i. Senior staff from both J‐U‐B and Stantec will perform a quality assurance review of the FOR plans prior to submittal. b. Deliverables: i. QA/QC comments and redlines if requested by the City 55. Prepare Final Plans for Submittal a. Scope of Services: i. The J‐U‐B/Stantec team will assemble FOR plans for submittal to the City. ii. These plans will also be submitted to the Arthur Ditch irrigation company, utility companies, and all stakeholders. b. Deliverables: i. FOR Plans 56. Meet with City/Others to Review Comments (FOR Meeting) a. Scope of Services: i. After the City has had an opportunity to review and comment on the FOR plans, the J‐U‐B/Stantec team will meet with City staff to discuss plans, specifications, OPCC, construction techniques, scheduling, etc. b. Deliverables: i. Meeting minutes 57. Final Design Management and Administration a. Scope of Services: i. General management and administration by both J‐U‐B’s and Stantec’s project managers. b. Deliverables: i. None 58. Respond to Final Comments a. Scope of Services: i. The J‐U‐B/Stantec Team will modify the plans according to the changes agreed‐ upon during the FOR meeting. b. Deliverables: i. Final Plans 59. Finalize Specifications and OPCC a. Scope of Services: i. The J‐U‐B/Stantec Team will modify the specifications and OPCC according to the changes agreed‐upon during the FOR meeting. b. Deliverables: i. Final Construction Documents 60. Submit Bid Ready Documents a. Scope of Services: i. The J‐U‐B/Stantec team will compile final plans, specifications, and OPCC into one package for submittal to the City. b. Deliverables: i. Bid Ready Documents DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 15 of 19 B. CLIENT’s Responsibilities – CLIENT is responsible for completing, authorizing J‐U‐B to complete as Additional Services, or authorizing others to complete all tasks not specifically included above in J‐U‐ B’s Basic Services that may be require for the project, including, but not limited to: 1. Review of FIR, FOR, and final plan set in approximately 2 weeks each. 2. All public involvement other than what is what is included in task 27. 3. ROW acquisition coordination, including title reports, easements, and legal descriptions. 4. It is anticipated that FEMA documentation will not be required for this project. The attempt will be to design such that we do not create a rise in the flood elevation 5. It is assumed that a CDOT format structural selection report will not be required. 6. Parapet wall drawings and design as completed by BHA design 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 J‐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. 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. DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 16 of 19 EXHIBIT B COMPENSATION DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 17 of 19 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 18 of 19 EXHIBIT C INSURANCE REQUIREMENTS 1. 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: 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. B. Errors and Omissions. Professional shall maintain Errors and Omissions insurance in the amount of $1,000,000. C. 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. DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 No new insurance needed Professional Services Agreement 7525 Arthur Ditch Bridge Replacement Design Services Page 19 of 19 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. DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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 CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- $ POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (PER ACCIDENT) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD JUBEN-1 OP ID: NW 06/19/2014 The Hartwell Corporation - Cal PO Box 400 Caldwell, ID 83606 Jeremy Kroll Travelers Indemnity of CT 25682 J-U-B Engineers, Inc. Travelers Casualty and Surety 31194 250 S Beechwood Ave, Suite 201 Boise, ID 83709 XL Specialty Insurance Co. 37885 Travelers Indemnity Co of Am. 25658 1,000,000 A X X X 1,000,000 X 10,000 X CGD381 6807769N196 08/01/2013 08/01/2014 1,000,000 2,000,000 2,000,000 X 1,000,000 D X X X BA7776N058 08/01/2013 08/01/2014 X CAT353 X B UB0540T503 08/01/2013 08/01/2014 1,000,000 1,000,000 1,000,000 C Profes Liability DPR9713670 04/02/2014 04/02/2015 Ea Claim 5,000,000 $200,000 deductibl Annl Aggr 5,000,000 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 DocuSign Envelope ID: B47094B1-3482-411C-8EB1-22B0381E3423