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HomeMy WebLinkAbout551971 FEHR & PEERS - CONTRACT - RFP - 8185 TRANSPORTATION AIR QUALITY IMPACTS MANUALProfessional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 1 of 13 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 Fehr & Peers, 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 for 8185 Transportation Air Quality Impacts Manual attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence February 15, 2016, and shall continue in full force and effect until December 31, 2016, unless sooner terminated as herein provided. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Fehr & Peers Attn: Ann Bowers, P.E., PTOE, Principal 621 17th Street, Suite 2301 Denver, CO 80293 A.Bowers@fehrandpeers.com City of Fort Collins Attn: Lucinda Smith, Environmental Services Director PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 2 of 13 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 B, consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis 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 Forty Five Thousand Dollars ($45,000.00). 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. 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. 8. 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. 9. 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 DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 3 of 13 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 4 of 13 16. 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. 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 DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 5 of 13 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “D” – Project Team, consisting of one (1) page, and Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: FEHR & PEERS By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Ann Bowers 2/16/2016 Principal 2/16/2016 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 6 of 13 EXHIBIT A SCOPE OF SERVICES METHODS AND APPROACH Professional’s approach to the Transportation Air Quality Impacts Guidance Manual includes all of the tasks specified in the Request for Proposal. TASK 1: RESEARCH The first task will be to gather information on the current practice in Fort Collins and Peer communities to develop a work plan to guide the study effort. Elements of this task include the following:  Communication between Professional and City staff to develop the agenda and material needs for the first meeting with City staff to gather info to document current practices. (City will identify participants and schedule the meeting.)  (One) meeting with City staff to identify current practices, available data, and available models  Leveraging Professional’s relationships with Colorado State University air quality experts and other peer communities to identify other stakeholders to engage, potential best practices, models, and other information to inform the manual development.  Documenting at least five City’s and Air Quality Management District’s transportation- related air quality assessment practices including a mix of peer cities, Colorado cities, and “best in class’ cities. The list could include: o Boulder, CO o Salt Lake City, UT o Rancho Cucamonga, CA o Seattle, WA o Yolo-Solano Air Quality Management District, CA o Eugene, OR o Gainesville, FL o and Ann Arbor, MI  Document current practices of the Colorado Air Pollution Control Division’s air quality analysis.  Document the City’s current available transportation related data collected for various analysis that may be used to inform related emissions analysis.  Creation of a white paper summarizing Professional’s research and analysis performed by our team in prior transportation emissions studies. Task 1 Deliverables: White paper (in Word) that summarizes City practices and documents best practices and lessons learned elsewhere. The white paper will also summarize key recommendations for the City’s manual and training efforts, based on the best practices and lessons learned. DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 7 of 13 TASK 2: DEVELOP GUIDANCE MANUAL The second task will produce a Guidance Manual to be used by City staff to inform when and how to perform air quality and emissions analysis on City projects. The development of the guidance manual will follow three major stages as summarized below. PRELIMINARY MANUAL OUTLINE This stage will include up to two City Council Advisory Board meetings (including the Air Quality Advisory Board and potentially the Transportation Board) to discuss the objectives of the manual, confirm the audience and preliminary outline of contents, and discuss potential tools and approaches. Elements of this task include the following:  City staff manual work session  Preliminary annotated outline of manual contents  Air Quality Advisory Board meeting  Other City Board meeting (as needed)  Revised annotated outline of manual contents  Ongoing communication and coordination with City project manager to develop and refine outline DRAFT MANUAL After the project team has refined the annotated outline, Professional will develop a complete draft manual that integrates the ideas from the Task 1 efforts, as well as the comments and feedback from the initial City staff and City Board meetings. Professional will work closely with City staff during the development state to ensure that the content is aligning with City expectations and that work products are produced in a format that can be updated by the City (if desired). Elements of this task include the following:  Use of graphics, summary charts and quick reference features such as a glossary and informational call-out boxes to create a user-friendly and easily digestible manual  Determination of when to employ Air Quality and Emissions Modeling o For city project alternatives  funding and type of project will be correlated to the level of detail for emissions modeling including screening criteria and analysis  Determination of how to employ Air Quality and Emissions Modeling o For city project alternatives analysis o the use of the regional travel model for VMT to greenhouse gas emissions conversions could be employed  Development of a matrix based on funding stream (CMAQ, FTA, SIP, etc.), project type (road diet, bike lane, etc., and scale (corridor, intersection, etc.) of project to inform the level of analysis including: - Future VMT per capita estimation (may be based on upon demographic, economic, and technology trends using Professional’s proprietary TrendLab + tool. Traditional VMT speed bin analysis, possibly from the NFRMPO travel model DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 8 of 13 - Medium scale emissions outputs processed from microsimulation models and evaluated with MOVES - Fine scale use of synthetic drive cycles to calculate air quality emissions in MOVES - Hotspot analysis for particulate matter and CO NOTE: City staff and Professional will discuss and review options for approaches to conduct analysis before finalizing the approach(es). At minimum, the manual will:  Develop a decision tree that identifies a threshold below which AQ impact analysis is not recommended, and if it is needed, what data project managers need to collect.  List appropriate tools for analysis, and where data can be found or how it can be obtained.  Provide a rough cost estimate for completing the analysis.  Address the following air pollutants: ozone precursors, particulates, carbon monoxide and greenhouse gases.  Provide sample case studies that illustrate how to implement the above-listed tools, decision tree, etc. For example, how would this apply to the West Elizabeth Enhanced Travel Corridor? Professional will work with City staff to create a spreadsheet-based tool to accompany the guidance manual that outputs thresholds for analysis, recommended analysis techniques, and the hours and cost to perform based upon supplied project inputs. Where possible this tool will include base emission rates to inform a basic analysis methodology. A draft version of the tool will be provided to the City and one round of revisions will be incorporated into final version. FINAL MANUAL After one round of comments on the draft manual is received, Professional will revise the draft and produce a final version of the manual. The final format of the manual will be a PDF document, and Professional will also provide files in their native file formats (i.e., Microsoft Word, Excel, and InDesign) for the City to maintain or archive. Task 2 Deliverables: 1) At least two meetings plus additional communications with City staff to discuss manual development. 2) Up to three meetings with City Council advisory boards, including at least one with the Air Quality Advisory Board, to discuss project progress and obtain input. 3) Draft manual in an editable format that addresses the items listed above unless City project manager agrees that they can be excluded. 4) Incorporation of one round of review by City staff (with input from the AQAB) to create a final Guidance Manual. 5) Spreadsheet-based tool to accompany the guidance manual that outputs thresholds for analysis, recommended analysis techniques, and the hours and cost to perform based upon supplied project inputs. DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 9 of 13 TASK 3: TRAINING CITY STAFF After the final manual is developed, Professional will develop a curriculum and toolkit to facilitate the training of City staff on the use of the developed air quality impacts guidance manual. Professional will also develop material for future use by City trainers. The curriculum toolkit will include and address the following:  Training objectives  Training methods and materials (including PowerPoint or Prezi, worksheets, etc.) Professional will facilitate up to four staff training workshops, up to two hours long each, to instruct City staff in use of the manual and to answer any questions. One of the four workshops will be a recorded webinar training session so that the video would be available for future reference; City staff will coordinate this recording. To help guide the training, worksheets will be prepared in advanced for participants to complete at the beginning of the training. Finally, Professional will also facilitate one workshop to train lead City staff in the process of conducting future training sessions, using the curriculum toolkit developed.  Up to four workshops, up to two hours long  Train-the-trainer coaching Project Schedule  February 2016 – complete contract  February 2016 – conduct kick-off meeting with City staff  February/March 2016 – Task 1  April through June 2016 – Task 2; Draft manual development (including AQAB meeting tentatively in April and at least one follow up meeting with Boards in June)  June 2016 – manual review and completion  July/August 2016 – City staff training DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 10 of 13 EXHIBIT B INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 No new insurance required Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 11 of 13 EXHIBIT C SCHEDULE & COMPENSATION DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 12 of 13 EXHIBIT D PROJECT TEAM ORGANIZATION CHART DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 Professional Services Agreement RFP 8185 Transportation Air Quality Impacts Guidance Manual Page 13 of 13 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: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 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 Insured: Insurer: Policy Number: Policy Effective Date: Additional Insured: EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for “bodily injury, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with “your work” and included within the “products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for “bodily injury” or “property damage” included within the “products-completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: “Bodily injury, “property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured’s own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON-OWNED AUTO B. With respect to the operation of a “non-owned auto”, WHO IS AN INSURED is replaced by the following: The following are “insureds”: d. Anyone liable for the conduct of an “insured”, but only to the extent of that liability. Sentinel Insurance Co. LTD 57SBWVA1664 11/01/2015 Fehr & Peers City of Fort Collins DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859 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 2/12/2016 Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Nancy Ferrick 510 465-3090 510 452-2193 nferrick@dealeyrenton.com Fehr & Peers 100 Pringle Ave, Suite 600 Walnut Creek, CA 94596 Sentinel Insurance Co. LTD American Automobile Ins. Co. ACE American Insurance Company 11000 21849 22667 A X X X X X 57SBWVA1664 11/01/2015 11/01/2016 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X X 57SBWVA1664 11/01/2015 11/01/2016 1,000,000 A X X X X 57SBWVA1664 11/01/2015 11/01/2016 5,000,000 5,000,000 B N X WZP81025297 05/01/2015 05/01/2016 X 1,000,000 1,000,000 1,000,000 C Professional Liability G23669687004 12/06/2015 12/06/2016 $3,000,000 per Claim $3,000,000 Annl Aggr. General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non-Payment of Premium). Re: ALL OPERATIONS OF THE NAMED INSURED. Fort Collins Transportation Air Quality Manual / DN16-0515.00. City of Fort Collins is named as Additional Insured to General and Auto Liability per policy form wording. City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 1 of 1 #S1618094/M1545177 Client#: 13635 FEHRPEERS NMF DocuSign Envelope ID: 57EDE7C5-74EC-43B8-AE3D-AA33F7AEA859