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RFP - 8127 ENGINEERING SERVICES FOR ELECTRIC FACILITIES CAPITAL IMPROVEMENTS (4)
Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 1 of 18 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 EXPONENTIAL ENGINEERING COMPANY, 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 8127 Engineering Services for Electric Facilities Capital Improvements 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. 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. A general scope of services is attached hereto as Exhibit B, consisting of one (1) page and is incorporated herein by this reference. 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 October 1, 2015, and shall continue in full force and effect until September 30, 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 four (4) 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. DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 2 of 18 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Exponential Engineering Company Attn: Thomas A. Ghidossi 2950 East Harmony Road, Suite 265 Fort Collins, CO 80528 City of Fort Collins Attn: Janet McTague 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 a n d u p 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 attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall not be obligated to indemnify the City for the City’s own negligence. 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, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit C, consisting of six (6) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs). At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. 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 8. City Representative. The City will designate, prior to commencement of work, its DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 3 of 18 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. 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 DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 4 of 18 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 is awarded a judgment against the defaulting party and 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 DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 5 of 18 has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. 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 and Exhibit F - Fort Collins Expense Guidelines, consisting of one (1) and two (2) pages respectively, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 6 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney EXPONENTIAL ENGINEERING COMPANY By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 President Thomas A. Ghidossi 9/30/2015 9/30/2015 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 7 of 18 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 ( ) page(s) 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: _________________________ Purchasing Director (if over $60,000) Date: _______________________ DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 8 of 18 EXHIBIT B SCOPE OF WORK The following is a list of services to be provided by the firms chosen to provide design and construction of electric infrastructure improvement and rehabilitation projects. While it identifies several services that are needed, it may not be all inclusive of the scope required. 1. Perform pot-holing and existing conditions documentation. 2. Identify potential trenching or boring locations within existing rights-of-way and easements as well as identify and document potential easement locations. 3. Prepare construction contract documents and technical specifications for capital improvement projects. 4. Identify all easements and properties required for any off-site construction and prepare all legal descriptions needed to assist City staff in acquiring the necessary property. 5. Prepare permit applications as required. 6. Provide surveying and geotechnical services for project design and construction. 7. Provide plan and profile drawings (AutoCAD) for new electric infrastructure and rehabilitation projects. 8. Provide detailed written monthly progress reports throughout the duration of the design and construction of all work. The progress reports will be part of the billing submitted monthly. DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 9 of 18 EXHIBIT C FEE SCHEDULE EXPONENTIAL ENGINEERING COMPANY 2015 HOURLY RATE SCHEDULE EFFECTIVE: JANUARY 1, 2015 TO DECEMBER 31, 2015 DESCRIPTION 2015 RATE Principal Engineer $180.00/hour Project Manager $160.00/hour Senior Engineer $160.00/hour Engineer II – 2 $140.00/hour Engineer II – 1 $135.00/hour Engineer I – 2 $125.00/hour Engineer I – 1 $120.00/hour Project Controls Manager $120.00/hour Director of Business Operations $100.00/hour Senior Designer $95.00/hour Designer II $90.00/hour Designer I $85.00/hour CAD/Drafter $67.50/hour Senior Engineering Technician $120.00/hour Engineering Technician II $110.00/hour Engineering Technician I $87.50/hour Engineering Assistant $67.50/hour Office Administrative $52.50/hour DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 10 of 18 Company Vehicle $0.575/mile Per Federal Travel Regulations Survey Grade GPS Unit $1,500/week $500/day Power System Analysis & High Level Design Software o Milsoft WindMil and LightTable o ASPEN OneLiner and PowerFlow o SKM Dapper/Captor/Arc Flash o PLS-CADD $12.50/hour Per Diem (Meals, Incidental Expenses, Lodging) Per Federal Travel Regulations Lat40, Inc. Professional Land Surveyors Rate Schedule - 2015 Hourly Rates: Office Work: $85 per hour for project management, calculations, research, PLS review/analysis, drafting, meetings, etc. Field Work: $135 per hour for each 1-2 man field crew operating a single RTK GPS system or total station. Utility Locator: $85 per hour for private utility locates. Locates provided are for mapping purposes only. Unit Rates: Property Descriptions: $450 per description. DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 11 of 18 HILL LAND SERVICES, INC. RATE SCHEDULE - 2015 Right-of-Way services are provided on a day rate or hourly basis. The rate is determined by the scope of the project and services performed as follows: Right-of-Way Supervisor: Responsible for direction of all right-of-way activities, reports progress to the client, and assures that all projects are completed in a timely manner. Right-of- Way Supervisor is skilled at title, acquisition, permitting, negotiations and due diligence. $550.00 per day or $72 per hour Mileage @ the approved governmental rate (currently .575 per mile) Per Diem: Provided for agent whose work location exceeds 100 miles from primary residence at the approved governmental rate for the work location. Expenses – actual cost (i.e.: copies, notary fees, maps, title fees, parking, etc.) Senior Right-of-Way Agent: Specializes in the acquisition of right-of-way, title examinations, surface negotiations, due diligence and procurement of permits from governmental agencies. Reports progress to the Right-of-Way Supervisor. $525.00 per day or $70 per hour Mileage @ the approved governmental rate (currently .575 per mile) Per Diem: Provided for agent whose work location exceeds 100 miles from primary residence at the approved governmental rate for the work location. Expenses – actual cost (i.e.: copies, notary fees, maps, title fees, parking, etc.) Land Tech/Title Analyst: An experienced right-of-way agent/draftsman who is familiar with pipelines, routing and mapping. Assists with title examinations, document and map review, routing and mapping. $425.00 per day or $55.00 per hour Mileage @ the approved governmental rate (currently .575 per mile) Per Diem: Provided for agent whose work location exceeds 100 miles from primary residence at the approved governmental rate for the work location. Expenses – actual cost (i.e.: copies, notary fees, maps, title fees, parking, etc.) Office Administrator: A person familiar with right-of-way and title that manages the right-of- way office, prepares reports and assists the Right-of-Way Supervisor and Agents. $275.00 per day or $35.00 per hour Mileage @ the approved governmental rate (currently .575 per mile) Per Diem: Provided for agent whose work location exceeds 100 miles from primary residence at the approved governmental rate for the work location. Expenses – actual cost (i.e.: copies, notary fees, maps, title fees, parking, etc.) Office Assistant: Assists Office Administrator with all office tasks, including data entry, mapping, and phone management. The office assistant is generally a person who lives in the vicinity of the project $200 per day or $25.00 per hour Mileage @ the approved governmental rate (currently .575 per mile) Per Diem: Provided for agent whose work location exceeds 100 miles from primary residence at the approved governmental rate for the work location. Expenses – actual cost (i.e.: copies, notary fees, maps, title fees, parking, etc.) DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 12 of 18 SMITH GEOTECHNICAL SCHEDULE OF FEES January 2015 Item Rate Principal Engineer, P.E. $170.00/Hour Project Manager, P.E. $150.00/Hour Registered Engineer, P.E. $135.00/Hour Design Engineer, EIT, Grade II $ 95.00/Hour Design Engineer, EIT, Grade I $ 90.00/Hour Cadd Design Technician $ 90.00/Hour Cadd Drafting Technician $ 80.00/Hour Laboratory Manager $ 75.00/Hour Field Technician/Inspector $ 75.00/Hour Field Technician, Materials testing $ 65.00/Hour Office Administrative Assistant $ 60.00/Hour Local Travel $ 0.575/Mile Per Diem Per Federal Regulations Additional Copies of Drawings (out-of-house copying) At Cost Additional Copies of Specifications and Contract Documents $ 0.15/page Color Copies $ 0.65/page Subcontracted Services At Cost DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 13 of 18 LABORATORY TESTING FEE SCHEDULE SMITH GEOTECHNICAL January 2015 Laboratory Testing - soils and aggregates Sieve Analysis, Coarse Gravel to #200 ............................................................................................. $ 105.00/ea Wet Sieve Analysis, Coarse Gravel to minus # 200 ............................................................................ $150.00 ea Sieve Analysis, Fine Gravel to #200 ..................................................................................................... $ 70.00 ea Sieve Analysis, Minus 200 wash ........................................................................................................ . $ 70.00 ea Hydrometer Analysis............................................................................................................................ $185.00 ea Atterberg Limits ..................................................................................................................................... $ 95.00 ea Classification ......................................................................................................................................... $ 15.00 ea Moisture Determination ........................................................................................................................ $ 13.00 ea Unit Weight ........................................................................................................................................... $ 18.00 ea Unconfined Compression. .................................................................................................................... $ 80.00 ea Free Swell ............................................................................................................................................ $ 80.00 ea Direct Shear (consolidated-drained) ..................................................................................................... $185.00/pt Swell-Consolidation - ASTM Method (5 load increments & 1 unload increment)................................ $190.00/ea ASTM-Consolidation w/ Time Rate (8 load & 2 unload increments) ................................................... $625.00/ea Swell-Consolidation or Consolidation (additional load increments added to basic test) ...................... $ 60.00/ea Swell-Consolidation or Consolidation (time rate added to basic test) .................................................. $ 70.00/ea Proctor "Density Curve": Standard (Method A, B) ................................................................................................................ $150.00 ea Standard (Method C) ..................................................................................................................... $175.00 ea Modified (Method A, B) ................................................................................................................. $175.00 ea Modified (Method C) ...................................................................................................................... $205.00 ea One Point Check. ......................................................................................................................... $ 100.00 ea Sample Preparation (rocks, cobbles, saturated samples, grinding) ............................................... $ 70.00/hr Relative Density (Plus 3/4" Material) ................................................................................................... $275.00 ea Relative Density (Minus 3/4" Material .................................................................................................. $225.00 ea Permeability (Falling Head)-Shelby Tube Sample .............................................................................. $185.00 ea Permeability (Falling Head)-Remolded................................................................................................ $250.00 ea Permeability (Constant Head) ............................................................................................................. $250.00 ea Sulfate Determination ........................................................................................................................... $ 55.00 ea pH Determination .................................................................................................................................. $ 50.00 ea Specific Gravity (soil) ............................................................................................................................ $ 75.00 ea Soil Resistivity (Miller soil box- natural moisture content) .................................................................... $ 40.00 ea Soil Resistivity (Miller soil box- natural moisture & saturated moisture content) .................................. $ 85.00 ea Sample Preparation (special testing, Shelby tube extraction, remolded samples, small samples) ...... $ 75.00/hr Laboratory Testing - concrete Compression Testing (4"x8" cylinders w/rubber caps) ......................................................................... $ 25.00 ea Compression Testing - Mortar Cubes ................................................................................................... $ 20.00 ea Compression Testing - Masonry Grout Cubes.(Cored) ........................................................................ $ 35.00 ea Mix Design ............................................................................................................................... Quote On Request Time of Set .............................................................................................................................. Quote On Request Bulk Specific Gravity of Aggregates ................................................................................................... $105.00 ea LA Abrasion ........................................................................................................................... Quote On Request Sodium Sulphate Soundness ................................................................................................. Quote On Request DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 14 of 18 Colorado Boring Company QUOTE Quote # 6407 3813 Canal Dr. Ft. Collins, CO. 80524 970-494-1996 FAX 970-494-4449 Company Exponential Engineering Company Date 6/15/2015 Address 2950 E. Harmony Rd. Suite 265 PO # City, State Ft. Collins,CO. 80528 Rep Phone 629-9332 Contact Tyler Qty Description Unit Price Total 1 Mobilization per project $ 500.00 $ 500.00 1 Pothole existing utilities $ 125.00 $ 125.00 $ - 1 Flowfill per pothole $ 35.00 $ 35.00 1 Asphalt patch (hot patch) $ 25.00 $ 25.00 1 Concrete patch $ 36.00 $ 36.00 $ - 1 Traffic control if needed (per day) $ 815.00 $ 815.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal $ 1,536.00 Job Location Taxes Ft. Collins, CO. Total $ 1,536.00 DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 15 of 18 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 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: 38526026-7587-430D-A232-63AB59603919 No new insurance required Professional Services Agreement – Work Order Type 8127 Engineering Services for Electric Facilities Capital Improvements Page 16 of 18 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: 38526026-7587-430D-A232-63AB59603919 Page 17 of 18 EXHIBIT F FORT COLLINS EXPENSE GUIDELINES: Lodging, Per Diem Meals and Incidentals and Other expenses: May 1, 2015 Fort Collins Policy: Lodging: Hotels will be reimbursed at $98/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 $98 limit, i.e. the rate is $98 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. Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2015 is $0.575. Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collin 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. DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 Page 18 of 18 Time Frame for Reporting Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $98/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: 38526026-7587-430D-A232-63AB59603919 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) The General Liability, Automobile Liability, Umbrella/Excess insurance policies applies on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. 2 of 2 #S16317423/M15917585 DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919 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 9/29/2015 USI Colorado, LLC Prof Liab P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 Exponential Engineering Company 2950 East Harmony Rd., Suite 265 FORT COLLINS, CO 80528 Hartford Casualty Ins Co Pinnacol Assurance Company XL Specialty Insurance Company 29424 41190 37885 A X X X Y Y 34SBWVS2690 01/08/2015 01/08/2016 2,000,000 300,000 10,000 2,000,000 4,000,000 4,000,000 A X X X Y Y 34UEGNJ2289 01/08/2015 01/08/2016 1,000,000 A X X X 10000 Y Y 34SBWVS2690 01/08/2015 01/08/2016 4,000,000 4,000,000 B N Y 3125337 07/01/2015 07/01/2016 X 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made DPR9718839 01/08/2015 01/08/2016 $1,000,000 per claim $2,000,000 annl aggr. As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. (See Attached Descriptions) City of Fort Collins, a Municipal Corporation Attn: Janet McTague PO Box 580 Fort Collins, CO 80522 1 of 2 #S16317423/M15917585 Client#: 1084152 EXPONENG DSSZP 1 of 2 #S16317423/M15917585 DocuSign Envelope ID: 38526026-7587-430D-A232-63AB59603919