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330179 INTERWEST CONSULTING GROUP - CONTRACT - RFP - 7620 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PRO
Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 1 of 23 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 INTERWEST CONSULTING GROUP, 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 "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 April 30, 2015. 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: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 2 of 23 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: Interwest Consulting Group Attn: Mike Oberlander 1218 W Ash Street, Suite C Windsor, CO 80550 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 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 a fixed fee in the amount of One Hundred DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 3 of 23 Thirty-Four Thousand Four Hundred Sixty-Six Dollars ($134,466) plus reimbursable direct costs. All such fees and costs shall not exceed One Hundred Forty-Six Thousand Nine Hundred Sixty-Six Dollars ($146,966) as set forth in Exhibit “C” consisting of five (5) 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. 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 in section 4 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, DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 4 of 23 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. 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. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 5 of 23 12. 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. 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, DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 6 of 23 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. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 7 of 23 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 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 DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 8 of 23 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 INTERWEST CONSULTING GROUP By: __________________________________ Title: _______________________________ Date: _______________________________ DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C 6/23/2014 Project Manager 7/1/2014 Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 9 of 23 EXHIBIT A SCOPE OF SERVICES I. PROJECT DESCRIPTION The Drake and Shields Intersection Improvement Project will add northbound and southbound right turn lanes to Shields and will modify the Shields and Davidson intersection to a ¾ movement. At this time, it has been assumed that the right turn lanes will be approximately 400’ to 500’ long, although these may be shortened based on constraints. The ¾ movement at Davidson will first be attempted with modifications on the cross street, rather than in the median in Shields. The team will provide the City with a conceptual design of median landscaping as well as a conceptual estimate, but we assume that the very narrow width of the existing medians will make this prohibitive. The scope assumes that the through lanes of both streets will remain in their current configuration, and that right of way will only be required on the northwest and southeast quadrants of the intersection. The project will go through the CDOT Local Agency process. Based on a scoping meeting with Tracy Dyer, we are proposing one public open house for the project, and very limited structural urban design. At this time, no structural or electrical scope is included. The contract will be an hourly-not-to-exceed contract, and of critical importance to the City is on-time delivery. II. SCOPE OF WORK The following elements of the project as outlined in the RFP and modified based on the scoping meeting will be achieved as part of the Professional Team Scope of Work: Base map preparation from City provided survey Conceptual layout and costs for two Landscape / Urban Design options (one with and one without median modifications) Historic and Hazardous Waste Clearances (CDOT has stated these are the only two required) Conceptual Design Plans for review Preliminary design plans, drainage report, etc. for CDOT FIR Submittal Water quality design (to the greatest extent possible within the project limits) CDOT Right of Way Plan Drafting Geotechnical Report with Pavement Design per LCUASS Utility potholes and utility coordination FOR Plans, Specifications and Estimates One open house at the end of preliminary design FIR and FOR meetings Bidding and Construction Assistance Following is a detailed explanation of each key team member’s responsibility on this project: III. TOPOGRAPHIC AND PROPERTY SURVEY The City will provide all survey services and provide the data to Professional for the preparation of the base mapping. The survey is currently complete and the City worked with utility locators to get the best information possible at this time related to existing DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 10 of 23 utilities. Professional will work with the City to prepare a base map for the project that will be used throughout the design. IV. ISA AND HISTORIC CLEARANCES Professional provided CDOT Region 4 Environmental with a project map in May of 2014. CDOT has directed Professional to scope clearances only for Historic and Hazardous Waste (Initial Site Assessment – ISA) with CDOT clearing the remaining Form 128 items. Smith Environmental and Engineering will perform the following tasks as a part of this agreement: An Initial Site Assessment (ISA) checklist to identify hazardous substances, petroleum contamination, solid waste, and other recognized environmental conditions (REC) that could be affected by the project will be conducted per CDOT guidelines and requirements. The objective of this ISA checklist is to identify REC in the project area that represents a risk or liability to the project sponsors and construction worker health and safety. This assessment and checklist will be accomplished by reviewing written information concerning the past and present uses of the land; reviewing federal and state databases of environmental liabilities and potential liabilities; possibly interviewing current and past land owners; and completing an initial site inspection. This assessment will be accomplished by adhering to CDOT standards. The on-site inspection will start with a visual reconnaissance to search for evidence of REC. Information from the visual on-site inspection and from the literature review will provide the basis for completing the ISA checklist. The ISA checklist will identify if any REC exist on site and whether a Phase II Environmental Site Assessment is needed. A Limited Results Cultural Resources Inventory for the Drake and Shields Intersection project will also be provided for the CDOT clearance. The purpose of the cultural resources inventory is to identify any districts, buildings, structures, sites, or objects that may be important in history or prehistory that are located within the project area. The tasks below outline the approach for collecting available information and conducting fieldwork to provide the basis for the services. Task 1-File search and Literature Review - A search of the files at the Office of Archaeology and Historic Preservation (OAHP), Colorado Historical Society will be conducted to determine if any previously recorded cultural resources are located within the project area and if any previous inventories have been conducted within the area. This search will also determine if the project area has been previously documented. Task 2-Field Survey - If any sites are observed they will be fully recorded using the standards and forms developed by the OAHP. Artifacts and features will be fully documented in the field but no artifacts will be collected during the survey. Task 3-Report - A Limited Results Report meeting the standards set by the OAHP will be prepared that documents the results of the background research and fieldwork. The report will discuss the project area. Any sites found will be recorded, its potential significance, and recommendations concerning its management and future data needs. If needed, An OAHP site form for this segment will be prepared and submitted with this report. The following assumptions have been made concerning the CDOT clearance portion of the Scope: DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 11 of 23 A Phase II Environmental Site Assessment (on-site drilling and/or sampling and report) will not be needed For the historic clearance, the area (Area of Potential Effect) size is about one acre in size All archival research will be conducted at sites located in the Denver metropolitan area No sites requiring recordation will be encountered All other CDOT 128 Form clearances will be waived or completed by CDOT Region 4 V. SOILS INVESTIGATION AND PAVEMENT DESIGN REPORT: Goecal will provide the geotechnical engineering services for the pavement designs for the new turn lanes. Based on the scoping meeting 2 borings (one for each lane) will be advanced. Traffic control will be provided during drilling for all borings. The borings will provide information on the subsurface conditions including soil type, depth to bedrock, and depth to groundwater. The Utility Notification Center of Colorado (UNCC) will be notified for locates prior to drilling. Soil and bedrock will be sampled using procedures similar to those described in ASTM. Asphalt will be cored where borings are in pavements. A Geocal field engineer or geologist will log the borings, record groundwater levels and the results of penetration tests, and obtain representative soil and bedrock samples. The borings will be backfilled with soil immediately after drilling and the pavement will be patched with a thicker section than encountered. Soil and bedrock samples collected during drilling will be returned to our laboratory, and selected samples will be programmed for testing. Typical lab tests will include liquid and plastic limits, swell-compression characteristics, gradation, pH, chloride content, sulfide content, laboratory resistivity, and water soluble sulfate content. The results of the field and laboratory programs will be evaluated to provide preliminary geotechnical design criteria for the proposed pavements and structures. An engineering report will be prepared to summarize the following: Site geology and physical description Brief review of field and laboratory procedures Subsurface conditions encountered (soils, bedrock, and groundwater) Results of the field exploration and laboratory testing Engineering recommendations for pavements VI. UTILITY POTHOLES: Safe Site has been retained to provide utility locating, potholing and mapping services. During the preliminary design phase of the project, it will be determined if and where potholing is needed. At this time, it is assumed that 3 days of potholing will be needed with an average of 6 holes per day. This estimate may be revised in the future after the design progresses. Safe Site is also available to provide utility locating services, but at this time, the City Survey Department has stated that they have surveyed the utilities in the disturbance area. VII. UTILITY COORDINATION: Professional will lead the utility coordination effort, working closely with the utility providers to ensure the accuracy of the utility mapping process and to develop thorough utility DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 12 of 23 relocations plans as needed. Professional will provide all drainage designs, including the preparation of required calculations and reports for water quality and adequate storm drainage outfalls. VIII. LANDSCAPE AND IRRIGATION DESIGN BHA Design and Hines Irrigation will provide design services for the project. The team will provide two concepts for review and approval on the project. One concept will be limited to landscaping outside of the roadway and the other will include adding landscaping in the medians of Shields Street. Conceptual costs will be provided and because of the narrow dimension on the existing meeting, we anticipate that the final design will not include median landscaping. At this time, we are assuming that the project will only be landscaped and no formal, structural urban design features will be added. We have excluded any structural or electrical engineering because of this assumption. We are also assuming that the irrigation design will be limited to repair and modification of existing private irrigation systems in the project area and that no new publically owned and maintained systems will be added. BHA Design Scope of Work: Attend kick-off meeting, tour project site, photograph the project area Prepare preliminary landscape concepts – 2 alternative concepts (one with median landscape, one without) Prepare preliminary opinion of cost for alternative concepts Prepare preferred landscape concept based on input received from City Prepare color rendered site/landscape plan suitable for presentation purposes Prepare hand-drawn color rendered perspective illustration of SE corner to visually portray design concept Attend One Public Open House to assist City in presenting the project Preliminary Design Plans (FIR Submittal) Final Design Plans and Specifications (FOR Submittal) Bid Documents Preparation of Quantities and Cost Estimates (FIR, FOR, Bid) Design Meetings – BHA will attend five design coordination meetings Bidding Assistance – respond to bidders questions, prepare landscape related addendum items Construction Administration Services – RFI responses, review material submittals, 2 site inspections, attend Substantial Completion walkthrough, prepare written punchlist for landscape items BHA Exclusions: Design services beyond conceptual level for median landscaping Landscape improvements on Drake BHA will assist with aesthetic considerations related to sidewalk color, finishes and jointing. However, design and detailing of the sidewalks and other roadway improvements is by others. Decorative railings, flower pots, ornamental lighting, traffic signal ornamentation, upgraded regulatory signs. Structural design and electrical/lighting design services. Preparation of mitigation plans. DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 13 of 23 Hines Irrigation Design Scope of Work: Project Kick-Off Meeting Site Verification Visit to determine the extents of existing irrigation systems impacted by construction and to document size, condition, & location of primary pieces of irrigation infrastructure Preliminary Design Plans (FIR Submittal) Final Design Plans and Specifications (FOR Submittal) Bid Documents Preparation of Quantities and Cost Estimates (FIR, FOR, Bid) Design Meetings - Hines staff will attend one design meeting as requested. Bidding & CA - Hines will provide assistance as needed during the bid process. HInes will review equipment submittals IX. ROADWAY DESIGN PLANS CONCEPTUAL, FIR, FOR, AND BID DOCUMENTS: Professional Consulting Group will be responsible for the roadway design of the project from start to finish. The design will include alignment, typical sections, profiles, grading, and cross sections as the base scope. Professional will also be responsible for coordinating utility relocations, lowerings and abandonments. Professional will coordinate all of the design and documentation requirements of the team prior to releasing information for review to the City. We will prepare a complete design that is easily reviewable and conveys the exact intent of the designer to the contractor and construction inspector. As the lead consultant, Professional will take full responsibility for quality control means and methods and will not rely on the city to perform quality control reviews of the construction documents. For the street improvements, Professional will prepare the conceptual layout for review. After approval of the conceptual layout, we will move to preliminary plans and determine the right of way and easement needs for the project. Professional will prepare FIR plans, outline specifications and drainage report for submittal to the City and CDOT. After the FIR meeting the FOR plans, specifications, tab sheets, estimates and drainage report will be prepared. X. RIGHT OF WAY PLANS Professional is experienced working with the City of Fort Collins Survey Department in the drafting of the CDOT right of way plans. We anticipate that there will be three impacted properties where right of way, permanent easement, and temporary easement are required. It will be critical that the final horizontal layout of the project is approved by the City in August of 2014 so that there is adequate time for the approval of Right of Way plans and property acquisition. XI. LOCAL DRAINAGE DESIGN AND WATER QUALITY DESIGN Professional will provide the roadway drainage design for the project. There are existing drainage facilities in the intersection and we will work with the City to add water quality features if possible. Depending on the final layout of the project, it may or may not be possible to accomplish this. If it is determined that the sidewalks will be attached to limit property impacts, it will be very difficult to add water quality within the right of way. Professional will work with Stormwater and Engineering to determine the best drainage improvement for the roadway widening. Professional will prepare the CDOT SWMP and a Drainage and Erosion Control Report that will reflect required hydrologic, hydraulic and erosion control measure calculations. DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 14 of 23 XII. SPECIFICATIONS AND ESTIMATES Professional will be responsible for the preparation of CDOT Project Special Specifications as well as cost estimates and recommended construction phasing diagrams for the project. XIII. BID DOCUMENTS (100%) The final bid plans and specifications will incorporate necessary revisions and additions to the FOR submittal plans. XIV. BIDDING AND CONSTRUCTION SUPPORT Professional and appropriate team members will be available during bidding and construction to assist the city and the contractor. Professional will provide any necessary responses and subsequent documentation for revisions to the plans, specifications, and cost estimate as a result of Requests for Information (RFI), and Addenda and Field Memos which need to be issued during the Bidding and Construction Phases. Professional will incorporate any changes/modifications into the plan set specifications and cost estimate, if necessary, as a result of the bidding process. XV. PROJECT DELIVERABLES: Kickoff and Preliminary Engineering Phase Deliverables (FIR): Project base map Preliminary Drainage Report Pavement Design and Geotechnical Engineering Report Two (2) Landscape Alternatives Four (4) Half Size Preliminary plan sets (Black and White, 11x17) One (1) .pdf file of the plan set One (1) Digital copy of the design drawings (AutoCAD format) One (1) Electronic copy of Preliminary Project Specification Outline Project Bid Tab and Opinion of Probable Cost One (1) CDOT Right of Way Plan Set (and pdf) ISA and Limited Results Cultural Resources Inventory (pdf) (assumed clear at this time) FIR Meeting Minutes XVI. FINAL ENGINEERING PHASE DELIVERABLES (FOR): Final Drainage Report CDOT Storm Water Management Plan (SWMP) Final Landscape and Irrigation Plans Property Mitigation Plans (4 properties included) Four (4) Half Size Final plan sets (Black and White, 11x17) One (1) .pdf file One (1) electronic copy of Final Project Specification Book Project Bid Tab and Opinion of Probable Cost FOR Meeting notes DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 15 of 23 XVII. “FOR BIDDING” SUBMITTAL AND DELIVERABLES (100%): Four (4) Half Size “For Bidding” plan sets (Black and White, 11x17), stamped by PE One (1) .pdf file of the “For Bidding” plan set, stamped by PE One (1) Electronic copy of the “For Bidding” plan set, stamped by PE DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 16 of 23 EXHIBIT B WORK SCHEDULE DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 17 of 23 EXHIBIT C COMPENSATION DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 22 of 23 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. B. Errors and Omissions. Professional shall maintain Errors and Omissions insurance in the amount of $1,000,000. C. 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: BF915489-4956-40D5-B9D8-27B96C96CD5C No new insurance needed Professional Services Agreement 7620 Drake & Shields Intersection Improvements Page 23 of 23 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: BF915489-4956-40D5-B9D8-27B96C96CD5C INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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 COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. RE: Renewal, 7392 Civil Enginering Design, Drafting & Survey Services On Call Additional Insured: City of Fort Collins 2 of 2 #S12672909/M12382690 DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C This page has been left blank intentionally: DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C This page has been left blank intentionally: DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6/10/2014 USI Colorado LLC 1515 Wynkoop, Suite 200 Denver, CO 80202 303 837-8500 303 837-8500 3038315295 Interwest Consulting Group P. Box 18330 Boulder, CO 80308 Travelers Property Casualty Co XL Specialty Insurance Company TRAVELERS IND CO OF CT Travelers Indemnity Company 25674 37885 25682 25658 A X X X Y Y 6807444M622 11/14/2013 11/14/2014 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 C X X X Y Y BA7466M429 11/14/2013 11/14/2014 1,000,000 A X X X 0 Y Y CUP4175T615 11/14/2013 11/14/2014 1,000,000 1,000,000 D Y XVMPJUB1339T934 UB1341T051 11/14/2013 11/14/2013 11/14/2014 11/14/2014 X 1,000,000 1,000,000 1,000,000 B Professional Liab Claims Made DPR9710356 11/14/2013 11/14/2014 $1,000,000 per claim $3,000,000 annl aggr. 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 Automatic Additional Insured's 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 (See Attached Descriptions) City of Fort Collins Purchasing Division PO BOX 580 Fort Collins, CO 80522 1 of 2 #S12672909/M12382690 Client#: 1086878 INTERCON35 LXOBC 1 of 2 #S12672909/M12382690 DocuSign Envelope ID: BF915489-4956-40D5-B9D8-27B96C96CD5C