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HomeMy WebLinkAbout448380 INTERA INC - CONTRACT - AGREEMENT MISC - INTERA INCORPORATEDProfessional Services Agreement Page 1 of 11 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 INTERA INCORPORATED, 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 and work schedule attached hereto as Exhibit "A", consisting of four (4) 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. Contract Period. This Agreement shall commence May 26, 2015, and shall continue in full force and effect until December 31, 2015, unless sooner terminated as herein provided. 3. 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: Professional: City: Copy to: INTERA Incorporated Attn: Patricia Salter 1812 Centre Creek Drive, Suite 300 Austin, TX 78754 City of Fort Collins Attn: Keith Elmund 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. 4. 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. DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 2 of 11 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 attorney’s fees, to the extent 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 “B”, consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed seven thousand five hundred dollars ($7,500). 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. 6. 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. 7. 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. 8. 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. 9. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior written consent of the City. DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 3 of 11 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 4 of 11 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 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. 16. 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 5 of 11 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney INTERA INCORPORATED By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Vice President Neil Deeds 5/28/2015 6/1/2015 Professional Services Agreement Page 6 of 11 EXHIBIT A SCOPE OF WORK REVIEW OF SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT OBJECTIVE AND BACKGROUND A. Objective The City of Fort Collins Utilities Department is seeking a qualified consultant to conduct a thorough review of potential Total Organic Carbon (TOC) and Trichlorethylene (TCE) and related water quality issues in the Supplemental Draft Environmental Impact Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Since 2008, Northern Water and the U.S Army Corps of Engineers (ACE) have been developing a reply to the numerous comments they received on the Draft Environmental Impact Statement (DEIS). The Utility anticipates that the SDEIS will be released to the public in the early summer of 2015. The Utility also anticipates that the ACE will insist on a short turn-around-time as short as the minimum 45 days required by the Environmental Protection Agency (EPA) for stakeholders to review and comment on the SDEIS. As was the case in the 2008 DEIS review, the Utilities will need the help of experts to analyze and respond to specific areas in the SDEIS that may impact the City’s drinking water as well as the Cache la Poudre River that flows through Fort Collins. B. Background The City is concerned about potential adverse impacts on the Poudre River from the proposed Glade reservoir. Glade reservoir is part of the Northern Integrated Supply Project (NISP). NISP is being promoted as a regional project to meet the needs of 15 water providers who represent emerging communities experiencing rapid growth in our region. NISP includes two new off-channel reservoirs: Glade and Galeton. Galeton reservoir is located near the town of Galeton (north and east of Greeley) and will be 40,000 acre-feet. Glade reservoir is located northwest of Fort Collins, approximately one mile north of the junction of Highways 287 and 14 (Teds Place), and will be 170,000 acre-feet (slightly larger than Horsetooth). The following excerpts are from the City’s official 2008 comments on the DEIS, paragraph 3a and 3c: 3a. City Drinking Water Sources and Total Organic Carbon (TOC) “The DEIS underestimates the effects that NISP will have on the quality of water that the City uses for drinking. Glade Reservoir would be filled with runoff season high flows in the Cache la Poudre River, water that has much higher levels (almost twice as high on average) of Total Organic Carbon (TOC) as the Colorado-Big Thompson (C-BT) water stored in Horsetooth Reservoir. TOC is of central importance to water supplies, because it reacts with the chlorine necessary to treat water to form cancer-causing agents called disinfection byproducts. The levels of these disinfection byproducts allowed in public drinking water are limited by the federal Environmental Protection Agency (EPA) to protect human health. The City already expends considerable effort and resources to remove TOC as part of the treatment process. “Under the NISP proposal, much of the high TOC water from the Glade Reservoir would DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 7 of 11 be piped to Horsetooth Reservoir and released close to the City’s water treatment facility intake. It would increase TOC levels for the raw water the City treats, degrading the drinking water supplies of the City. In order to meet federal drinking water standards, the City may have to further upgrade its drinking water treatment systems, which could cost in excess of $90 million in capital costs and almost $3 million per year for operations. “The DEIS underestimates this threat to the City’s drinking water. For example, the DEIS relies on analysis that underestimates the TOC levels of the water that will fill Glade Reservoir and be piped into Horsetooth Reservoir. The best available information indicates that Glade water would have long-term average TOC levels of at least 5.5 mg/L, (milligrams per liter) almost twice the 2.9 mg/L level of Horsetooth. The DEIS then relies on the unrealistic assumption that the high-TOC water from Glade would be completely mixed with the rest of water in Horsetooth Reservoir and diluted before being used by the City, even though the Glade water would be delivered on the north end of Horsetooth right next to the City’s intake. “Because high TOC levels can produce potentially cancer-causing contamination of the City’s drinking water and force huge costs on the City, the City manages its water supply so that high levels of TOC in its water supply will be avoided. However, the DEIS fails to provide any meaningful analysis of these impacts or any guarantees they would be avoided, minimized and mitigated. Instead, only vague and unreliable assertions are made that NISP’s proponents might examine some mitigation in the future. These assertions do not meet the requirements of the Clean Water Act and NEPA.” 3c. Trichloroethylene (TCE) Contamination: “The DEIS fails to adequately address very serious questions about the effect of NISP on toxic contamination from a former Atlas missile site located right at the Glade Reservoir dam site. The former missile base has leaked significant quantities of the cancer-causing solvent trichloroethylene (also referred to as trichloroethene or TCE) into the groundwater at the site. Unless property characterized and addressed, this chemical may eventually reach the Cache la Poudre River. The proposed Glade Reservoir would: (1) raise groundwater levels in the vicinity of the Reservoir, including the plume of trichloroethylene; and (2) lower the groundwater levels near the River as the river flow is reduced or diverted. The net effect would be to increase the likelihood and rate of trichloroethylene migration to the River. This is a significant potential impact to the aquatic ecosystem that could result from the construction of Glade Reservoir. It could result in significant human and wildlife exposure to this hazardous chemical for which the EPA has set a preferred exposure level of zero. “Unfortunately, the DEIS does not seriously address this concern. It unreasonably relies on many untested assumptions and minimal testing to reach sweeping conclusions. It also identifies only minimal mitigation for this impact and defers most attention to this issue until after the project is approved. This is inappropriate under the Clean Water Act and NEPA. Decision makers need to consider the potential impacts of putting a reservoir hydrologically above a plume of the cancer causing trichloroethene before any decision on NISP is made. In addition, a more reliable and comprehensive plan will be needed to avoid, minimize and mitigate impacts associated with this toxic plume.” DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 8 of 11 SCOPE OF WORK Services to Be Provided: The consultant will work with the City staff to review and analyze those sections of the SDEIS dealing with TOC and TCE. 1. Develop and prioritize options leading to recommendations on how to the City can effectively address key water quality issues identified in their review and analysis. 2. Prepare draft comments on the results of their analysis and findings that will, in turn, be used to develop the City’s reply to City Council and ACE regarding the SDEIS. 3. Meet with the City at least once to discuss the objectives and timetable of their analysis once the SDEIS is released and possibly again after their review is completed and draft written analysis, comments and recommendations are prepared. The consultants will be required to respond to one round of City edits and questions on their draft findings and recommendations. Deliverables Once ACE sets the review deadline, the consultant will prepare a written outline of their schedule for completing the tasks.  An analysis of the SDEIS impacts of both TOC on the City’s drinking water and impacts of potential TCE contamination on the lower Poudre drainage basin.  Draft report of their findings and recommendations for inclusion in the City’s reply to the SDEIS  Final written report in Word and PDF that includes: o A thorough description of research methodology o Summary of key findings and recommendations. Comments should be substantive, well-written and supported by relevant data. The best possible science should be used in arriving at all conclusions and comments that are provided to City Council. Comments should focus on whether or not the SDEIS addresses the deficiencies the City identified in the DEIS, and properly identifies and analyzes the environmental impacts of the Glade alternative and adequately discusses ways in which those impacts might be avoided or mitigated. Areas to include in the review and comments are:  Adequacy of impact analysis  Cumulative impacts  Adequacy and feasibility of mitigation measures. Timeline of Contract: The work schedule will be dictated by the release date of the SDEIS and reply deadline established by ACE. Comments prepared by City staff and its contractors on the technical review of the SDEIS must be issued through City Council. Thus, the timeline of this contract to complete the scope of work will commence on the date of the SDEIS release (anticipated on 06/12/15) and be completed according to the total time according to the following schedule: DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 9 of 11  If the public comment period is 45 days, then the consultant shall complete this project within 21 calendar days.  If the public comment period is 60 days or more, then the consultant shall complete this contract within 28 calendar days. If ACE extends the comment period beyond 60 days, the work schedule will be adjusted accordingly. The potential short turn-around-times will allow time for City staff to consolidate comments, and work with City Council to ensure Council’s comments are submitted by the end of the review period as stated by the ACE. Limitations of this Agreement: This scope of work only covers review of the NISP SDEIS. When the Final EIS (FEIS) is issued, or any other subsequent action is taken by the ACE that requires additional comment, a supplemental scope of work may be necessary. City’s Point of Contact: Keith Elmund, Utilities Environmental Services Manager will serve as the City’s point of contact for this agreement. He may be contacted by phone at (970)416-2764 or email: kelmund@fcgov.com. Budget The budget for this project is limited to a maximum of $7,500. DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 Professional Services Agreement Page 10 of 11 EXHIBIT B 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 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. 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. DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 No new insurance Professional Services Agreement Page 11 of 11 EXHIBIT C 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: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 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) Liability, Auto, and Workers Compensation policies provide a Blanket Waiver of Subrogation in favor of the same when required by written contract. Coverage is Primary and Non-Contributory. 30 Days Notice of Cancellation applies when required by written contract. 2 of 2 #S15182153/M14297468 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408 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 5/28/2015 USI Insurance Services LLC 7600B N Capital of Texas Hwy, #200 Austin, TX 78731 Loyce Baxter loyce.baxter@usi.biz Intera Inc. 1812 Centre Creek Dr, Ste 300 Austin, TX 78754 Aspen Specialty Insurance Co Hartford Ins Co of the Midwest Sentinel Insurance Company Ltd. 10717 37478 11000 A X X X Pollution Liability X BI/PD Ded: $10,000 X ERAE3AH14 ERAE3AH14 03/29/2014 03/29/2014 06/01/2015 06/01/2015 1,000,000 300,000 25,000 1,000,000 2,000,000 2,000,000 C X X X 65UECZR3402 10/01/2014 06/01/2015 1,000,000 A X X EXAE3AK14 03/29/2014 06/01/2015 6,000,000 6,000,000 B N 65WEAL4026 10/01/2014 06/01/2015 X 1,000,000 1,000,000 1,000,000 A Professional Liab Each Wrongful Act Deductible ERAE3AH14 03/29/2014 06/01/2015 $2,000,000 Aggregate $1,000,000 $100,000 NOTE: The $6,000,000 Excess policy (#EXAE3AK14) sits over the General Liability, Pollution Liability and Professional Liability limits. Professional Liability is on a claims-made basis. The General Liability and Auto policies include a blanket automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General (See Attached Descriptions) City of Fort Collins PO Box 580 Fort Collins, CO 80522 1 of 2 #S15182153/M14297468 Client#: 914933 INTERINC22 LXBHB 1 of 2 #S15182153/M14297468 DocuSign Envelope ID: 8D7AB204-B3D9-4150-BCA4-F18AD1F0E408