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HomeMy WebLinkAbout453542 AECOM INC & 551459 LT ENVIRONMENTAL INC - CONTRACT - RFP - 8047 ENVIRONMENTAL SERVICES (2)Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 1 of 37 PROFESSIONAL SERVICES AGREEMENT WORK ORDER 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 LT ENVIRONMENTAL, 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 any project Work Orders for RFP 8047 Environmental Services issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed seventy five thousand dollars ($75,000). The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 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 stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence March 9, 2015, and shall continue in full force and effect until March 8, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 2 of 37 Professional: City: Copy to: LT Environmental Attn: Susan Borden 4600 West 60th Avenue Arvada, CO 80003 City of Fort Collins Attn: Matt Zoccali 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. 6. 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 insurance in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of the services to be performed pursuant to this Agreement as described in Exhibit B – General Scope of Work - consisting of four (4) pages, attached hereto and incorporated herein, the City agrees to pay Professional on a time and reimbursable direct cost in accordance with Exhibit C – Fees and Costs - consisting of fifteen (15) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Seventy-Five Thousand Dollars ($75,000) per Work Order. 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. 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. 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 exceeds 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, DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 3 of 37 all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. 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. 9. 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 submitted to the City in an AutoCAD version no older then the established city standard. 10. 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. 11. 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. 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. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 4 of 37 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. 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. 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 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 5 of 37 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. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 20. 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; Exhibit F – Federal Terms & Conditions consisting of seven (7) pages; and Exhibit G - Fort Collins Expense Guidelines consisting of two (2) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 6 of 37 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 LT ENVIRONMENTAL, INC. By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 3/17/2015 President 3/17/2015 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 7 of 37 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000) Date: _______________________ DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 8 of 37 EXHIBIT B SCOPE OF WORK This section is intended to outline the categories in the general scope of work that may be needed by the City. The Consultant is expected to demonstrate understanding and expertise in each general category and provide examples of the types of specific services that will be required or may potentially be required in each area. It is possible that additional or extended similar services may be required at some point in time, and the City may choose to utilize the Consultant under such circumstances. However, the City makes no assurance that any specific service described in this section will be needed during the term of any contract that may be awarded pursuant to this Request for Proposal. A. Environmental Assessment and Investigation The Consultant will work with the City to: 1. Perform due diligence assessments (Phase I and Phase 2 Environmental Site Assessments in accordance with ASTM standards) of property to be acquired by the City, including recommendations regarding the potential liability associated with a property. 2. Perform Phase 2 investigations associated with and in support of the above property transfer due diligence assessments. 3. Provide, on an as-required basis, integrated services for the collection, analysis, and interpretation of environmental samples (air, water, soil, biota, and wastes). 4. Design and perform subsurface soil and groundwater investigations and waste characterization studies associated with leaking underground tanks, release of hazardous substances, or other environmental impacts. These services are to include the capability of providing drilling and sample collection, and analytical and laboratory services. 5. Advise the City in matters associated with contaminant transport, hydrogeology, geology, environmental chemistry, and related disciplines needed to assess the potential environmental exposure to hazardous substances releases. 6. Advise the City on matters associated with Superfund, state mandated cleanups, underground storage tank programs, voluntary cleanup program, and other investigative type programs. Prepare Spill Prevention, Control, and Countermeasure Plans. 7. Advise the City on issues associated with the use and release of petroleum fuels, chlorinated solvents, PCBs, metals, and other constituents that may represent a threat to human health and the environment. 8. Perform waste characterization studies on potentially hazardous materials. 9. Perform Asbestos & Pb-based paint inspections for demolition, renovation, and on- going management of asbestos-containing materials. 10. Perform air monitoring of asbestos abatement projects, including ambient air monitoring and post-abatement clearances. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 9 of 37 11. Advise the City on Solid Waste management and Disposal issues, including Regulated asbestos-contaminated soils (RACS). Advise the City in matters associated with asbestos-contaminated soils. 12. Perform Limited Industrial Hygiene Assessments (LHA) to evaluate potential employee exposures to chemicals, metals, dust, and noise. Establish baselines for future work in comparison to Occupational Exposure Limits. B. Remedial Technology Selection and Implementation The Consultant will work with the City to: 1. Evaluate the impact of environmental releases of hazardous substances on soil and in groundwater and determine the technologies that would be applicable to mitigate the concerns caused by release of hazardous substances or petroleum products 2. Determine the technologies that would be applicable to mitigate the concerns caused by release of hazardous substances or petroleum products. 3. Develop Project-specific Regulated Asbestos Contaminated Soils (PSRMP) Management Plans in accordance with state regulations. Provide oversight on City projects related to compliance with said management plans. 4. Perform excavation oversight and materials management services for environmentally contaminated properties. 5. Design, implement, and/or manage environmental remediation projects, including excavation and disposal, in-situ treatment of soil and groundwater, vapor extraction, bioventing, groundwater pump-and-treat projects, and intrinsic remediation technologies. These services are to include obtaining any necessary regulatory agency permits and/or approvals. 6. Prepare necessary reports and submittals, both for the City and for any other relevant regulatory or public agency. 7. Excavate and contain hazardous and non-hazardous contaminated materials. 8. Collect and/or treat contaminated water. 9. Provide post-cleanup site assessment, following appropriate site closure procedures. C. Ecological Assessment and Permitting The Consultant will work with the City to: 1. Design and conduct assessments of the impact of various programs (i.e., road construction) on ecological receptors such as riverine and wetland environment and terrestrial habitats. 2. Advise the City in matters associated with environmental permits (i.e. 404 permit for wetland activity and construction dewatering permits), including the preparation and submittal of such permits. 3. Advise the City in matters associated with projects to improve, manage, and develop habitat. 4. Design site revegetation and restoration projects. 5. Conduct assessments of threatened and endangered species, migratory birds, State species of concern, and raptors including golden and Bald Eagles. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 10 of 37 D. Voluntary Cleanup The Consultant will work with the City to evaluate the applicability of voluntary cleanup regulations or policies for City properties, or properties of interest to the City, and prepare the plans required to implement such actions. E. Environmental Auditing The Consultant will work with the City to: 1. Design and conduct audit programs needed to assess activities and services, and assure environmental compliance. 2. Develop specific protocols for auditing environmental, health, and safety compliance and related issues. 3. Provide and report on specific environmental, health, and safety compliance assessments. 4. Design and provide oversight for environmental management systems and associated programs in accordance with ISO 14001 standards. F. Human Health Risk Assessment The Consultant will work with the City to design, review, and/or perform work plans for ecological and human health risk assessments. G. Air Permitting, Monitoring, Modeling, and Compliance The Consultant will work with the City to: 1. Develop and prepare air permits. Perform air monitoring, record keeping, and reporting. Prepare routine and special reports of air quality data. 2. Advise the City on implications of pending or proposed federal, state, regional, or local air quality laws, regulations, ordinances, and standards. 3. Advise and assist in the development or review of risk management plans for responding to the accidental release of regulated substances. 4. Prepare air hazard assessment regarding release scenarios, zones of impact, identification of impacted receptors. H. Litigation Support/Expert Technical Analysis Upon request by the City Attorney’s designee or the Executive Director’s designee, the Consultant shall provide environmental litigation support and technical assistance as indicated below: 1. Testifying and non-testifying experts – provide testifying experts and non-testifying experts. 2. Training - provide training on topics, such as the Clean Water Act, control technologies, groundwater and associated fate and transport. 3. From Expert evaluation of existing information, such as the review and interpretation of chemical, hydrogeologic, and risk data. I. Environmental Compliance and Engineering The Consultant will work with the City to: DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 11 of 37 1. Assist in program management and permit compliance for storm water discharges associated with Municipal Separate Storm Sewer Systems (MS4). 2. Assist with review of civil design documents and construction plans and specifications for land development, grading, drainage, utilities, roadway and other public improvement projects. 3. Assist with Professional Engineer (PE) construction observations and/or certifications. 4. Assist in construction management and/or owner’s representative for Capital Improvement Projects (CIP). 5. Assist with Superfund Amendments and Reauthorization Act (SARA) reporting. PLEASE NOTE: CGRS will be the primary contractor the City of Fort Collins uses to perform: AST and UST tank and line integrity testing, maintenance, and other associated tank and line requirements, Investigate, monitor and remediate petroleum releases from the City’s fixed facilities and associated tanks, and submit any required paperwork to Division of Oil and Public Safety (OPS) or other state divisions as required. If CGRS is not readily available, either of the other two Consultants awarded contracts (LT Environmental or AECOM) may be the supplemental contractor to perform these abovementioned duties. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 12 of 37 EXHIBIT C FEE SCHEDULE AND COST DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 13 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 14 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 15 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 16 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 17 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 18 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 19 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 20 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 21 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 22 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 23 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 24 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 25 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 26 of 37 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 27 of 37 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 pollution liability, 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 $1,000,000 per accident, $2,000,000 disease aggregate, and $1,000,000 disease each employee. 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. D. Professional’s Pollution Liability. The Professional shall maintain pollution liability covering losses caused by pollution conditions including coverage for bodily injury, property damage, defense costs, clean-up costs, and completed operations that arise from the operations of the Professional under this Agreement. Policy shall have no exclusion for lead or asbestos. Limits shall be $2,000,000 single occurrence and $4,000,000 aggregate. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 New insurance Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 28 of 37 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: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 29 of 37 EXHIBIT F FEDERAL TERMS & CONDITIONS NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the Federally assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the Federal Recipient or a subgrantee of the Federal Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the Federal Administrator, DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 30 of 37 the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the Federal Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the Federal Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. Federal Administrator does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/531 1 None None unless non- competitive Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 31 of 37 FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and Federal Administrator, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. TERMINATION A. Termination for Default (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. B. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. C. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. D. Termination for Convenience (Professional Contracts) The City of Fort Collins, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 32 of 37 (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements Federal Administrator may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements Federal Administrator may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements Federal Administrator may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements Federal Administrator may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by Federal Administrator, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 33 of 37 Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 9.9%. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Federally- assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors. e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. INCORPORATION OF FEDERAL TERMS Incorporation of Federal Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all Federally mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause City of Fort Collins to be in violation of the Federal terms and conditions. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 34 of 37 lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 35 of 37 involve international air transportation. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 36 of 37 EXHIBIT G City of Fort Collins Expense Guidelines Lodging, Per Diem Meals and Incidentals and Other expenses: October 1, 2013 Fort Collins Policy: Lodging:  Hotels will be reimbursed at $91/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $91 limit, i.e. the rate is $91 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $56  Travel Days rate: 75% of $56 = $42 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies);  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local);  Items that are supplied by the City. Time Frame for Reporting  Per contract (every 30 days). DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 Professional Services Agreement – Work Order Type 8047 Environmental Services – LT Environmental Page 37 of 37 Reference: The Federal GSA guidelines for Fort Collins are $91/day for hotel and $56 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $9  Lunch: $13  Dinner: $29  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42 for Fort Collins. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ 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 PER OTH- AND EMPLOYERS' LIABILITY STATUTE 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 (ACORD 101, Additional Remarks Schedule, may be attached 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 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LTENVIR-01 SUVARNAL 0 1 1 LT Environmental, Inc. 4600 W. 60th Ave. Arvada, CO 80003 Willis of Colorado, Inc. SEE PAGE 1 SEE PAGE 1 SEE P 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance Description of Operations/Locations/Vehicles: City of Fort Collins is included as an Additional Insured as respects to General Liability. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ 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 PER OTH- AND EMPLOYERS' LIABILITY STATUTE 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 (ACORD 101, Additional Remarks Schedule, may be attached 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 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LTENVIR-01 MERCHANTAI 0 1 1 LT Environmental, Inc. 4600 W. 60th Ave. Arvada, CO 80003 Willis of Colorado, Inc. SEE PAGE 1 SEE PAGE 1 SEE P 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Job Title: Senior Buyer City of Fort Collins is included as an Additional Insured as respects to General Liability and Auto Liability. DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD LTENVIR-01 MERCHANTAI 3/17/2015 certificates@willis.com Willis of Colorado, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 (877) 945-7378 (888) 467-2378 Arch Insurance Company 11150 LT Environmental, Inc. 4600 W. 60th Ave. Arvada, CO 80003 Travelers Property Casualty Company of America 25674 Pinnacol Assurance Company 41190 A X 1,000,000 X X 12 EMP 43452 09 07/01/2014 07/01/2015 50,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000 B X X DT-810-3A906345-TIL-14 07/01/2014 07/01/2015 X 5,000,000 A X 12 EMX 43817 07 07/01/2014 07/01/2015 5,000,000 X C 4023969 07/01/2014 07/01/2015 1,000,000 Y 1,000,000 1,000,000 THIS CERTIFICATE VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED 3/16/2015. Insurer A - Arch Insurance Co. Contractor's Pollution Liability - 12 EMP4345209 - Limit of $1,000,000 Per Occurrence Professional Liability - 12 EMP4345209 - Limit of $1,000,000 Per Occurrence Mold Liability (Claims Made basis) - 12EMP4345209 - $1,000,000 per Claim Combined Aggregate Limit (Pollution - Professional - Mold) - 12EMP 4345209 - Limit of $2,000,000 Aggregate SEE ATTACHED ACORD 101 City of Fort Collins 215 N. Mason Street, 2nd Floor PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD LTENVIR-01 SUVARNAL 3/16/2015 certificates@willis.com Willis of Colorado, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 (877) 945-7378 (888) 467-2378 Arch Insurance Company 11150 LT Environmental, Inc. 4600 W. 60th Ave. Arvada, CO 80003 Travelers Property Casualty Company of America 25674 Pinnacol Assurance Company 41190 A X 1,000,000 X X 12 EMP 43452 09 07/01/2014 07/01/2015 50,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000 B X DT-810-3A906345-TIL-14 07/01/2014 07/01/2015 X 5,000,000 A X 12 EMX 43817 07 07/01/2014 07/01/2015 5,000,000 X C 4023969 07/01/2014 07/01/2015 1,000,000 Y 1,000,000 1,000,000 Insurer A - Arch Insurance Co. Contractor's Pollution Liability - 12 EMP4345209 - Limit of $1,000,000 Per Occurrence Professional Liability - 12 EMP4345209 - Limit of $1,000,000 Per Occurrence Mold Liability (Claims Made basis) - 12EMP4345209 - $1,000,000 per Claim Combined Aggregate Limit (Pollution - Professional - Mold) - 12EMP 4345209 - Limit of $2,000,000 Aggregate Job Title: Senior Buyer SEE ATTACHED ACORD 101 City of Fort Collins 215 N. Mason Street, 2nd Floor PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5 award None None unless non- competitive award None None unless non- competitive award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) DocuSign Envelope ID: 9757B95D-3547-49F3-A9DF-481D7030F4E5