Loading...
HomeMy WebLinkAbout143797 ANDERSON, 102630 AYRES, 307110 HDR, 130088 - CONTRACT - RFP - 8073 ENGINEERING SERVICES FOR WATER, WASTEWATER & (2)Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP 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 AYRES ASSOCIATES, 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 8073 Engineering Services For Future Water, Wastewater and Stormwater 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. 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 May 15, 2015, and shall continue in full force and effect until May 14, 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 2 of 18 Professional: City: Copy to: Ayres Associates Attn: Chris Pletcher 3665 JFK Parkway Fort Collins, CO 80525 City of Fort Collins Attn: Owen Randall PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $1,000,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of the services to be performed pursuant to this Agreement as described in Exhibit B – Scope of Work - consisting of one (1) page, attached hereto and incorporated herein, the City agrees to pay Professional on a time and reimbursable direct cost in accordance with Exhibit C – Fee Schedules - consisting of seven (7) pages, attached hereto and incorporated herein by this reference. 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 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 to the Work Order and upon approval of the Professional's direct reimbursable expenses. 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 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. DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 3 of 18 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 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 4 of 18 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 5 of 18 e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E – Confidentiality, consisting of one (1) page; and Exhibit F – Fort Collins Expense Guidelines, consisting of two (2) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP 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 AYRES ASSOCIATES By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Vice President 5/21/2015 5/22/2015 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP 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 ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000) Date: _______________________ DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 8 of 18 EXHIBIT B SCOPE OF WORK The City of Fort Collins received proposals from qualified consultants for engineering, design and construction management services for water, wastewater, and stormwater capital improvement projects. It is anticipated that the primary use of these engineering services will be in the areas of water pipelines, stormwater and sanitary sewer pipelines, drainage channels, detention ponds, floodplains, finished water storage, sewer flow monitoring, trenchless pipeline rehabilitation, development and modification of water distribution, wastewater and stormwater collection system models, or other general engineering services related to the Water Utility operations. The following is a list of services to be provided. While it identifies several services that are needed, it may not be all inclusive of the scope required. 1. Perform Hydrologic/Hydraulic modeling and master planning for stormwater projects. Hydrologic modeling will be prepared using EPA SWMM and Hydraulic modeling for stormwater projects will be prepared using HEC-RAS. 2. Perform water and wastewater modeling using InfoWater and InfoSewer. 3. Trenchless design for the rehabilitation of underground utility infrastructure. 4. Prepare construction contract documents and technical specifications for capital improvement projects using CSI format and the City of Fort Collins’ modified EJCDC General Conditions, standard front end and the Utilities’ Master Specifications. Drawings will be AutoCAD Civil 3D (Version 2014 or newer) generated, ink on Mylar. "As- Constructed drawings" will be provided to the City on CD’s or DVD’s at the completion of each project. Provide "As-Constructed" stamped, original Mylar’s at the completion of the project to become the property of the City of Fort Collins Utilities. 5. 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. 6. Prepare permit applications as required. 7. Provide resident engineering, construction administration, submittal review and field inspection services. Resident Project Representative duties must be performed with experienced and qualified personnel approved by the Utility. 8. Provide all surveying required for the design of the project and baseline control for contractor use during construction. 9. Provide all geotechnical services required for the design process and for testing during construction projects. 10. 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 9 of 18 EXHIBIT C FEE SCHEDULES AYRES ASSOCIATES INC PROFESSIONAL SERVICES RATE January 2015 – December 2015 PERSONNEL 2015 ($) Principal Engineer/Senior Associate 195.00 Senior Engineer 175.00 Senior Project Manager 160.00 Project Manager 135.00 Senior Scientist 140.00 Project Engineer III 140.00 Project Engineer II 130.00 Project Engineer I 115.00 Engineer*/Scientist 95.00 Engineering Technician 70.00 Construction Resident 70.00 Senior Designer 115.00 Senior CADD Technician 95.00 CADD Technician 75.00 Word Processor/Technical Editor/Contract Administrator 75.00 Clerical/Billing Clerk 55.00 *Graduate Engineer without P.E. license **Deposition and Litigation - 50% surcharge on hourly rates *College graduate in engineering, but not yet licensed Direct charges including, travel costs, rental costs, and other direct project costs, will be invoiced at actual cost or based on rates set forth in the attached standard rate schedule. 3665 JFK Parkway, Building 2, Suite 100, Fort Collins, CO 80525 (970) 223-5556 www.AyresAssociates.com 2015RATES-DEC-CO.DOC DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 10 of 18 Policy: It is the policy of Ayres Associates that costs associated with equipment and supplies identified as having been used on a specific project be charged to that project and not to general overhead. All equipment rates are based on actual cost and are reviewed/updated annually. Company-Owned Equipment ENVIRONMENTAL SAMPLING, MONITORING, TESTING: STRUCTURAL ABOVE/UNDER WATER INSPECTION : Air Tank…………………………………….……...……...…$7.75/Tank Confined Space Entry Equipment…….……..…………......$93.15/Use Climbing Gear…………………………………….………….….$169/Day FID/PID/OVA…………………………………………..………$78.85/Day Exposure Suit/Diver…………………………….………...…..$39.45/Day Groundwater Sampling……………………………...…….$2.20/Sample General Inspection Equipment……………………...………$35.85/Day Hydrolift Pump………………………………..….……………..$8.90/Day NDT/Testing Equipment………..…………………….….…..$23.20/Day Nuclear Density………………………………..….…………..$42.50/Day Resistograph……………………………………….….….…...$43.80/Day Peristaltic Pump…………………………….…………………$35.25/Day Scuba Dive Gear/Diver………………………………..……..$26.20/Day Soil Sampling…………………………………………….…$4.25/Sample Surface Supplied Air/Diver………………………….….….......$206/Day Temp/pH Conductivity Meter…….…………………..……...$13.60/Day Underwater Camera………………………….….…..............$87.90/Day Water Level Meter…………………………….……….………..$6.80Day TRANSPORTATION: CONSTRUCTION TESTING AND SAMPLING: All-Terrain Vehicle (ATV)…………………….……...........…$47.30/Day Concrete Air Meter………………………………..….……….$16.35/Day Boat/Motor/Trailer………………………………………….……$193/Day Company Trucks……………………………...……….………..$.89/Mile PHOTOGRAMMETRIC AND SURVEYING: Personal Auto…………………………………..………Current IRS Rate Depth-Sounder Meters………………………………………. . $311/Day Rental Bucket Lift Truck……………………………………….$677/Day Digital Photogrammetric Workstation……………………...$11.80/Hour GPS……………………………………………………….….…$73.30/Day High Precision Digital Level………………….………..…..…$36.65/Day Laser/Automatic Level…………………………………….….$11.70/Day Total Station (Robotic)…………………………….......….……$110/Day Traffic Counter…………………………….…...…….…….….$30.50/Day Traffic Counter (Automated)…….…...………….……………. Rate TBD TX8 HD LiDAR System…………………………………….…$1,000/Day Meals and Lodging Traveler reimbursement is dependent upon where the project is located and not the accommodations, nor where the office is located. Meal and lodging rates shall be consistent with City of Fort Collins contractual rates based on the US Government’s Federal Travel Regulations website at www.gsa.gov/perdiem. Vendor Supplies - Actual Cost DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 11 of 18 2015 Standard Hourly Rate Schedule Effective: December 14, 2014 Registered Land Surveyor $99.00/hr. (RLS) Project Manager $88.00/hr. (PM) Draftsman: Senior CAD Technician $84.00/hr (SR Cad) CAD Technician I $76.00/hr. (Draft I) CAD Technician II $71.00/hr. (Draft II) Field: Senior Surveying Technician $84.00/hr. (SR Tech) Surveying Technician I $76.00/hr. (S Tech I) Surveying Technician II $71.00/hr. (S Tech II) Crew Rate (2‐man) $144.00/hr. (2‐man) GPS Crew $134.00/hr. (GPS Crew) Expert Witness $198.00/hr (EW) Clerical $48.00/hr. (Cler) A.T.V. $30.00/hr. Boat $30.00/hr. Copies: 8 ½ X 11” $0.15/copy 8 ½ X 14” $0.20/copy 11 X 17” $0.25/copy 18 X 24” Prints $1.50/copy 24 X 36” Prints $2.00/copy 24 X 36” Mylars $8.00/copy **All copies & meetings are billed in addition to estimates, unless otherwise noted.** DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 12 of 18 BRIERLEY ASSOCIATES CORPORATION STANDARD FEE SCHEDULE January 2015 1. Fees for services will be based on the time worked on the project by staff personnel plus reimbursable expenses. The hourly fee for professional services will be charged as follows unless otherwise noted in the proposal: Principal/Senior Consultant II $242 Senior Associate/Senior Consultant I $193 Associate/Senior Project Manager $185 Senior Professional II $145 Senior Professional I $129 Professional II $110 Professional I $98 Staff Professional II $91 Staff Professional I $79 Engineering Technician II $93 Engineering Technician I $65 Administrative $65 2. Overtime hours will be charged at straight time rates. 3. Fees for laboratory tests will be computed on a ‘per test’ unit basis. Current laboratory test unit rates are as follows: Laboratory Test Unit Rate ($) Atterberg Limits 63.00 Full Gradation 99.00 -200 Wash 52.00 Standard Proctor 120.00 Modified Proctor 133.00 Relative Density 220.00 Swell/Consolidation 84.00 Swell/Consol (Remold) 120.00 Unc. Comp. Strength 78.00 Sulfate 26.00 Hydrometer 131.00 4. Payment: Invoices generally are submitted once a month for services performed during the previous month. Payment will be due and payable upon receipt of invoice. Interest may be added to accounts in arrears at the rate of one and one-half (1.50%) percent per month on the outstanding balance. DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 13 of 18 January 1, 2015 Washburn Land Surveying, LLC 2015 Rate Sheet Hourly Rates Field Crew – One Person $105/hour Field Crew – Two Person $150/hour Office Surveyor $80/hour Professional Land Surveyor $125/hour Sincerely, Washburn Land Surveying, LLC Chad Washburn, PLS Principal DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 14 of 18 Alpine Eco 2015 Rate Sheet AlpineEco’s Hourly Billing Rate for Andy Herb is $120/hour. DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 No new insurance Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP Page 17 of 18 EXHIBIT F FORT COLLINS EXPENSE GUIDELINES 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. 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 Professional Services Agreement – Work Order Type RFP 8073 Engineering Services for Future Water, Wastewater & Stormwater Facilities CIP 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: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) 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 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 AYREASS-01 RSAUER 5/20/2015 Mary Jo Nowak, AU, CIC, ARM, RPLU Johnson Insurance Madison 525 Junction Road Madison, WI 53717 (608) 203-3880 (877) 254-8586 mnowak@johnsonins.com RLI Insurance Group 13056 Ayres Associates Inc 3433 Oakwood Hills Pkwy Eau Claire, WI 54701 A Professional Liab RDP0015748 06/30/2014 06/30/2015 Each Claim 5,000,000 A Professional Liab RDP0015748 06/30/2014 06/30/2015 Aggregate 5,000,000 City of Fort Collins, Colorado 215 N Mason St Fort Collins, CO 80524 DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7 PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5/20/2015 Arthur J. Gallagher Risk Management Services, Inc. 21 South Barstow Suite 210 Eau Claire WI 54701-2620 AYRES ASSOCIATES INC PO BOX 1590 EAU CLAIRE, WI 54702-1590 Travelers Property Casualty Co of A Travelers Indemnity Co of America The Travelers Indemnity Company of 25674 25666 25682 Sharon Bannach 262-792-2214 262-792-1712 Sharon_Bannach@ajg.com AYREASS-02 806111616 B Y P6302183P260TIA15 1/1/2015 1/1/2016 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 X X X X A Y X X X P8103790P125TIL15 1/1/2015 1/1/2016 1,000,000 A X X X 0 PSMCUP3790P149TIL15 1/1/2015 1/1/2016 5,000,000 5,000,000 C C N PJUB2528P88115(AOS) PEUB2522P94415(FL&WI) 1/1/2015 1/1/2015 1/1/2016 1/1/2016 X 500,000 500,000 500,000 As respects 5-year open end contract agreement, City of Fort Collins, Colorado is included as an Additional Insured under the General Liability and Auto Policies. City of Fort Collins PO Box 580 Fort Collins CO 80522-0580 DocuSign Envelope ID: 7378762B-3CAB-4F36-81DD-4A11D6A3D9E7