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HomeMy WebLinkAbout557668 DAVIS PARTNERSHIP ARCHITECTS - CONTRACT - RFP - 8104 EPIC POOL REPAIR DESIGNProfessional Services Agreement 8104 EPIC Pool Repair Design Page 1 of 14 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 DAVIS PARTNERSHIP ARCHITECTS, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than April 30, 2016. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Davis Partnership Architects Attn: Brian Erickson 2301 Blake Street, Suite 100 Denver, CO 80205 City of Fort Collins Attn: Ethan Cozzens 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. DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 2 of 14 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable 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 maintain insurance in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “C”, consisting of one (1) page, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Ninety-Four Thousand Five Hundred Four Dollars ($194,504). 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. 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. 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. 8. 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 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 3 of 14 partial payment request. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 4 of 14 15. 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. 16. 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. 17. 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 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. DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 5 of 14 e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior City Attorney DAVIS PARTNERSHIP ARCHITECTS By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Corporate Secretary Brian Erickson 8/5/2015 8/20/2015 Professional Services Agreement 8104 EPIC Pool Repair Design Page 6 of 14 EXHIBIT A SCOPE OF WORK - Provide all design services. Including architectural, structural, & mechanical. - Pool renovation design team will be required to coordinate with the Farnsworth Group regarding the HVAC design work for the bleacher area. - Design work and construction work must adhere to the City of Fort Collins approved design standards located at: http://www.fcgov.com/opserv/design-standards.php - Design and construction work must conform to the new requirements for Fort Collins Utilities Integrated Design Assistance Program (IDAP) described at: http://www.fcgov.com/utilities/business/conserve/rebates-incentives/integrated-design- assistance - Upon completion of record drawings, the electronic media (cad or revit) files must be provided to the City of Fort Collins, Operation Services Department. - At the end of the project, a commissioning process to demonstrate and inform appropriate City Staff regarding all such building systems shall be carried out in advance of Substantial Completion to the Design Team and Contractor. - All Pool and HVAC external communications must be provided that will tie into the current City Operation Services system, which is from Johnson Controls. AQUATIC RECOMMENDATIONS 1. LAP POOL 1. External Access to Chemical Controller a) Connect to accessible computer for maintenance 2. pH Switchover for Chemical Controller a) Provide switch over for pH control, AquatiControl unit 3. Leak Detection Services a) American Leak Detection for reviewing the pool possible leaking 4. Replace Gutter & Plumbing a) Demo Existing Gutter  Demo of existing gutter to prepare for the new stainless gutter b) New Gutter  Raised stainless steel gutter for competition with dropouts with lip to hold bulkhead c) Re-plumb Plumbing from Gutter to Tank  Circulation of pool supply line and dropout lines back to tank d) Repair Circulation Pump e) Refinishing of the Tank Finish  Refinish waterproofing the tank as needed f) Provide Valves to Balance Tank DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 7 of 14  Provide float, drain, and tank valves with fittings g) Relocate existing anchors and install additional anchors in new gutter for lane lines - Coordinate with City of Fort Collins for locations and quantities 5. Pool Bulkheads – Two Total a) Neptune Benson / Stark stainless steel top roller bulkheads to replace existing b) Top and sides of stainless steel bulkhead structure will be made of FRP, Fiberglass Reinforced Plastic. c) The bulkhead shall consist of a one piece double box construction type that spans the width of the swimming pool and extends out over the gutter on the sides of the pool and matches the end walls. d) The bulkhead shall be designed to support a unified live load with ½” maximum deflection in addition to all dead loads of 5,600 lbs on bulkhead walk area without the assistance of constant foam or additional air to assist with the support of such load. The Safety Factor for all live and dead loads shall be at least 10. In addition the bulkhead shall be designed to withstand a uniform lateral live load of at least 30 pounds per linear foot and a point load of at least 500 pounds at the center with a maximum deflection of ½”. Racing cup anchors shall be designed to resist pullout loads of at least 400 pounds each. e) Neptune Benson / Stark bulkheads will provide the owner a full set of shop drawings (submittals) for review by the owner or his representatives showing design, dimensions, features, special conditions for the installation or preparation of installation. 6. Blocks a) Re-use existing starting blocks b) Anchors to be coordinated with existing starting blocks 7. Replace Starter Platform Anchors a) Starter platforms anchors to be put into new bulkhead  Anchors to be coordinated with existing blocks 8. Replace the Pool Deck Tile a) Replace with either tile or concrete for the deck b) Resistance to slip resistance on the deck must, at a minimum, meet the existing tile or be greater then  Slip resistance to be measured on existing tile as a baseline 9. Ultra Violet (UV) Upgrade a) Changing UV unit to treat all of flow if current unit is insufficient 10. Re-plumbing of Circulation Lines a) Re-plumb plumbing from tank/return line in equipment room with fittings and valves DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 8 of 14 11. Replace Circulation Pump a) Change in pump completely with larger impeller to 1680 GPM 12. New Regenerative Filter – Filter Already Purchased by the City of Fort Collins a) Neptune Benson filter, plumbing, compressor, valves, and controls 13. Review of Auto Fill a) If auto fill needs to be changed out with solenoid 14. Remove 3 Meter Diving Board Tower a) Removal of the 3 meter boards without replacing them 15. Core drill flag post holes on both sides of the east and west ends of the deck to accommodate turn flags for 25 yard lanes 2. THERAPY POOL 1. External Access to Chemical Controller a) Connect to accessible computer for maintenance 2. pH Switchover for Chemical Controller a) Provide switch over for pH control, AquatiControl unit 3. Leak Detection Services a) Leak detection testing (maybe less if combined with other pools) 4. Replacing Gutter & Plumbing a) Demo Existing Gutter  Demo of existing gutter to prepare for the new stainless gutter b) New Gutter  Stainless steel gutter with dropouts c) Plumbing to Tank  Circulation of pool supply line and dropout lines back to tank d) Refinishing the Tank Finish  Refinish waterproofing the tank as needed e) Provide Valves to Balance Tank  Provide float, drain, and tank valves with fittings f) Provide Supply Line to Gutter  Supply line integral to gutter to two different locations along gutter 5. Replace Pump and Motor 6. Additional Filter a) Add another Pentair TR140C to the system with plumbing 7. Replace Pool Tile a) Retile or Plaster the pool DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 9 of 14 b) Waterproofing 8. Regenerative Filter – Use existing Neptune Benson filter 9. Provide Auto Fill a) If auto fill needs to be changed out with solenoid and plumbing loop 3. KIDS POOL 1. External Access to Chemical Controller a) Connect to accessible computer for maintenance 2. pH Switchover for Chemical Controller a) Provide switch over for pH control, AquatiControl unit 3. Leak Detection Services a) Leak detection testing (maybe less if combined with other pools) 4. Provide New Pump a) At a minimum 7.5 HP or greater – Design Team to verify 5. Slope to Deep End a) Per ADA the pool needs a ramp  Zero entry to accommodate ADA needs  Could a lift be bought instead? 6. Re-plumbing Circulation Lines a) Re-plumb plumbing from tank to return line in equipment room with fittings and valves 7. New Regenerative Filter - Filter Already Purchased by the City of Fort Collins a) Neptune Benson filter, plumbing, compressor, valves, and controls 8. Replace Pool Tile a) Retile or Plaster the pool b) Waterproofing 9. Provide Auto Fill a) If auto fill needs to be changed out with static line, solenoid and plumbing loop 4. ADDITIONAL LINE ITEMS OF POSSIBLE WORK FOR THE AWARDED CONTRACTOR 1. Paint floor and ceiling in Pool Equipment Room 2. Repair damaged electrical conduit as needed 3. Remove pool tile and replace with either new tile or plaster 4. Re-grout pool when drained a) Repair damaged tile as needed DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 10 of 14 5. Additional Swim Lanes a) Line pool bottom north to south with additional lanes – Coordinate with City of Fort Collins for locations and quantities b) Install targets in sidewalls in additional lanes – Coordinate with City of Fort Collins for locations and quantities c) Install additional anchors in new gutter for lane lines - Coordinate with City of Fort Collins for locations and quantities 6. Additional coring and sleeves to be added for flagging - Coordinate with City of Fort Collins for locations and quantities DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 11 of 14 EXHIBIT B WORK SCHEDULE From the signing date of this Professional Service Agreement, the schedule will proceed as follows:  12 weeks to complete the design work  6 weeks to bid the project out  Design services complete by April 30th, 2016  Construction to begin in June, 2016 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 12 of 14 EXHIBIT C COMPENSATION DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 Professional Services Agreement 8104 EPIC Pool Repair Design Page 13 of 14 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: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 New insurance Professional Services Agreement 8104 EPIC Pool Repair Design Page 14 of 14 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: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SS 12 23 06 11 Page 1 of 1 © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proofofnotice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 001 06/05/15 09/28/14 09/28/15 34 SBA DG8037 SC DAVIS PARTNERSHIP P.C., ARCHITECTS SEE FORM SS1235 2301 BLAKE STREET SUITE 100 DENVER CO 80205 06/02/15 001 WILLIS OF COLORADO INC 345422 HARTFORD CASUALTY INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: SS 12 23 06 11 PRO RATA FACTOR: 0.323 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page Process Date: Policy Effective Date: Policy Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: Named Insured and Mailing Address; Policy Change Effective Date: Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: Agent Name: Code: POLICY CHANGES: DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 7501 E Lowry Blvd Denver, CO 80230-7006 303-361-4000 / 800-873-7242 www.pinnacol.com 7501 E Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P ISA - 10/02/2014 19:08:17 4033452 42287789 359-B Davis Partnership PC 2301 Blake St Ste 100 Denver, CO 80205 Willis of Colorado, Inc. 2000 S. Colorado Blvd. Tower II, Suite 900 Denver, CO 80222 (303) 722-7776 NCCI #: WC000313B Policy #: 4033452 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: October 1, 2014 Expires on: October 1, 2015 Pinnacol Assurance has issued this endorsement October 2, 2014. David Wilbanks Underwriter DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 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 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37 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 DAVIPAR-02 SUVARNAL 8/17/2015 Willis Certificate Center Willis of Colorado, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 (877) 945-7378 (888) 467-2378 certificates@willis.com Hartford Casualty Insurance Company 29424 Davis Partnership P.C., Architects 2301 Blake St., Ste 100 Denver, CO 80205-2108 Pinnacol Assurance Company 41190 Lexington Insurance Company 19437 A X 1,000,000 X X 34 SBA DG8037 09/28/2014 09/28/2015 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 A X 34 SBA DG8037 09/28/2014 09/28/2015 X X X B 4033452 10/01/2014 10/01/2015 1,000,000 Y 1,000,000 1,000,000 C Professional Liab. 015448992 05/22/2015 05/22/2016 Each Claim/Aggregate 4,000,000 Re: EPIC Pool Renovation Project. The City, its officers, agents and employees are included as Additional Insureds as respects to General Liability and Auto Liability. The City of Fort Collins Purchasing Department PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 8E6C7375-C8BB-4FBC-80D3-401B9F9B2E37