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HomeMy WebLinkAbout450506 DITESCO LLC - CONTRACT - RFP - 8111 CONSTRUCTION MANAGEMENT & INSPECTION ON-CALLDocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 DITESCO LLC , 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: Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for 8111 Construction Management & Inspection Services On -Call, 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. A general scope of services is attached hereto as Exhibit "B", consisting of seven (7) pages 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 July 1, 2015, and shall continue in full force and effect until June 30, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. Early Termination by City/Notice. 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 address: Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 1 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 The scope of each individual project as well as City staffing availability will be factored into the determination of Service Provider staffing requirements for each Work Order. It is expected that Service Provider staff individuals assigned to the project remain consistent throughout the project and that their performance meets the City's expectations In the event that any Service Provider personnel do not perform in accordance with the City standards, the City may exercise its right to request a suitable replacement in a30 days. In the event Service Provider staff assigned to the project leaves the company, the Service Provider shall notify the City Project Manager and identify alternatives for approval by the City within 30 days. Service Provider Qualifications Personnel qualifications, staffing level, and number and types of vehicles shall be subject to the approval of the City Project Manager. The Service Provider shall assign personnel for the duration of the contract unless otherwise approved by the City Project Manager. All Service Provider personnel will be required to operate a motor vehicle and each must possess and maintain a valid State of Colorado driver's license. The Service Provider Professional Engineer and the Service Provider Project Engineer assigned to LA projects shall have FTA, FHWA and CDOT experience sufficient to successfully manage construction. All Service Provider personnel assigned to any and all projects shall be thoroughly familiar with CDOT and Larimer County Urban Area Street Standards (LCUASS) specifications, manuals, forms and documentation requirements. The level of qualification provided shall be as requested and approved by the City Project Manager. The desired level of experience and qualifications outlined in the following schedule shall be maintained throughout the life of every contracted project as part of this agreement. If an individual leaves the project team, it is the City's expectation that the replacement possess the desired levels of experience and qualifications that were originally proposed. This outlines the City's expectations of qualifications 1. Professional Engineer — A minimum of eight (8) years of experience in project management and supervision of inspectors. The Professional Engineer shall be a licensed Professional Engineer in the State of Colorado. a. Additional LA Project Requirements — Must have managed at least one (1) project combining FHWA and CDOT requirements. 2. Project Engineer — A minimum of four (4) years of experience in assistant project management. Must also show experience working alongside and/or supervising construction inspectors. a. Additional LA Project Requirements — Must have been involved in the construction of at least one (1) project combining FHWA and CDOT requirements. Senior Construction Inspector — A minimum of eight (8) years of experience in construction management and construction inspection of the same type as the contracted project, i.e. bridge, utility, roadway and/or vertical construction. a. Additional LA Project Requirements — Must have been involved in the construction of at least one (1) project combining FHWA and CDOT requirements. Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 10 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 4. Construction Inspector — A minimum of three (3) years of experience in construction inspection of the same type as the contracted project, i.e. bridge, utility, roadway and/or vertical construction. a. Additional LA Project Requirements — Must have been involved in the construction of at least one (1) project combining FHWA and CDOT requirements. A copy of work experience and proof of Certifications and/or Licensure for all personnel and any replacement personnel shall be provided to the City Project Manager prior to the beginning of work. Service Provider personnel who do not meet all of the specified requirements, or who fail to perform their work in an acceptable manner, shall be removed from the project when determined and directed by the City Project Manager. DBE requirements for LA projects are project specific and determined by CDOT prior to advertisement. Status of Contract The Service Provider shall monitor the fiscal status of the construction contract and advise the City Project Manager of any potential need to supplement the contract. Failure to monitor contract status and provide timely notification may result in termination of the Service Provider's services. The Service Provider shall monitor the fiscal status of the Service Provider contract as a whole and with regard to individual work orders. The Service Provider shall report the fiscal status of the contract to the City Project Manager on a regular basis. Failure to monitor contract status and provide timely notification of any potential need to supplement the contract may result in termination of the Service Provider's services. Requirements for All On -Site Service Provider Personnel Each Service Provider employee performing construction inspection related duties shall maintain a daily diary for each day they perform work on the project. For LA projects, they shall use the current CDOT form required for project diaries. For all other jobs, they shall use a form approved by the City Project Manager. The contents of the diary shall be brief and accurate statements of progress and conditions encountered during the prosecution of the work, as well as sketches as needed for clarification and documentation. Editorial comments are not to be incorporated in the diaries or on any written correspondence applicable to the project. A copy of the daily diary shall be available to the City Project Manager at the end of each work day. Service Provider employees working within railroad right-of-way shall obtain a Railroad CONTRACTOR ID Badge, as well as a Safety Orientation Card from the applicable railroad. Information for required badges and cards is available at http://railroadcourses.com/. Project Standards All construction inspection shall be in accordance with the Larimer County Urban Area Street Standards (LCUASS) and/or CDOT's Construction Manual, Field Materials Manual, Standard Specifications for Road & Bridge Construction, Standard Special Provisions, Project Special Provisions, and the plans and specifications in use when the project is advertised. All Service Provider construction inspection activities shall be coordinated with Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 11 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 or directed by the City Project Manager. Labor, Materials, Vehicles and Equipment Depending on project needs and budget, the Contractor may be required to provide field office space at or near the jobsite. The Service Provider shall provide the Project Engineer, Senior Construction Inspector, and Construction Inspector with the following: • A suitable vehicle equipped with at least one (1) flashing, oscillating or rotating amber beacon that will be visible a minimum of five hundred (500) feet in normal sunlight. o Inspection and testing vehicles shall be equipped with an electronic distance - measuring device, calibrated accurate to within +/- 5 feet per mile. • A cellular phone. • As need is determined by City Project Manager prior to execution of contract, a computer with networking capability sufficient for accessing email while at the project site. If a field office is provided as part of the construction contract, the ability to access email from the field office will be sufficient. • Miscellaneous equipment (calculator, office supplies, safety equipment, etc.) required to perform the work. Safety equipment includes, at a minimum, the following: o ASTM Certified Work Boots o ANSI Certified Hardhat (Z89.1 Stamp and High Visibility) o Safety Glasses (Z87 Stamp on Glasses/Goggles) o Approved Safety Vest Meeting or Exceeding ISEA for Class 3 Deliverables The Service Provider shall provide support in the formation and review of project documentation. All documents prepared by the Service Provider shall be prepared on behalf of the City of Fort Collins, and the Service Provider may not independently publish or distribute any document without prior written permission from the City of Fort Collins. The Service Provider shall review and provide written comments on the technical accuracy and completeness of each document. No documents, reports, information, etc. may be released to the public or provided to any party other than the City of Fort Collins and its Contractor without written approval of the City of Fort Collins. The Service Provider shall provide status reports, progress reports, and other deliverables as required in a format proposed by Service Provider and agreed to by the City Project Manager. The Service Provider shall also provide and maintain electronic and paper filing documentation for all reports and deliverables using the City of Fort Collins documentation procedures on a schedule determined by the City Project Manager. The Service Provider shall provide a web based platform for all construction related documentation relating to the project and shall provide access to the City Project Manager. The following list does not constitute a complete list of deliverables that may be required during the performance of the Service Provider's duties. Recurrences are subject to change and are Professional Services Agreement —Work Order Type 8111 Construction Management & Inspection Services On -Call Page 12 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 dependent on project -specific details. The Service Provider and City Project Manager shall set the list of deliverables and recurrences prior to execution of the Work Order. The City Project Manager may change the list of deliverables and recurrences as deemed necessary. All references to days are in calendar days. • Progress Reports • Shop Drawing Submittal Tracking and Review • Schedule Tracking • Construction Contract Change Order Log • DBE/MBE/WBE & MAN Workforce Utilization Reports • Contract Week Look -Ahead The successful Service Provider team should provide a realistic frequency of recurrence for the deliverables listed above. Not all of the deliverables listed above are appropriate for every project, nor is the list all-inclusive for every project. Requirements for Materials Testing It is anticipated that the City on -call Materials Testing Service Provider will perform applicable materials -testing duties on the project. All sampling, testing and documentation shall be in accordance with the CDOT Construction Manual, Field Materials Manual and LCUASS. The applicable CDOT Manual shall be the edition currently in use at the time the construction project is advertised. Building inspection and testing shall include all applicable test requirements including, but not limited to soils, concrete, masonry and steel. If the required method is not described in the CDOT Field Materials Manual, the required work shall be completed in accordance with the following in the order listed: 1. AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing (as revised and supplemented), or 2. ASTM Standards and Tentatives The Materials Testing Service Provider will be expected to report all findings to the Service Provider Project Engineer, and shall sample, test and document all materials incorporated into the project. This includes materials delivered to the project that are listed in the Summary of Approximate Quantities or referred to in the specifications. The number of tests required shall be in accordance with the schedule in the Field Materials Manual. Additional testing may be required as additional quantities may be added by contract change order, or as plan approximate quantities increase or decrease. A field copy of the physical property concrete tests will need to be submitted to the Service Provider Project Engineer at the time of the test. A prompt verbal notice on all non-compliance tests will be required immediately after tests are completed. All tests will be followed up with electronic and hard copy of test results within 48 hours of test completion including a comparison to the specifications for that particular project, indicating any test results that are out of specification. All out of specification tests shall be tracked until a passing test is achieved and documented as an acceptable retest. All hard copies shall be submitted within 48 hours of testing. The Service Provider Project Engineer shall review project quantities with the Materials Testing Service Provider as needed in order to ensure that sufficient tests have been performed for all material placed to date. The Service Provider Project Engineer shall review with the Materials Testing Service Provider (acting in a geotechnical capacity) all technical activities related to geotechnical engineering work including Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 13 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 site geotechnical investigations and results interpretation, calculations and design, schedule and budget management, production of deliverables, technical supervision of related construction, reporting and communications. Scheduling of testing for materials that are specifically designated to be pre -inspected or pre -tested shall be the responsibility of the Service Provider. Submittal of Final Documentation Final documentation shall be submitted to the City Project Manager within 20 working days after completion of all work. A completed CDOT Form 250 or approved equivalent shall be submitted to the City Project Manager within 10 days after the Service Provider has been notified of final quantities. Failure to submit final documentation as required will result in withholding of Service Provider payments. Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 14 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 EXHIBIT C COMPENSATION dilesco Project & Construction Services City of Fort Collins On Call Construction Management and Inspection Services RFP #8111 Ditesco 2015-2016 Wage Rate Schedule Principal/Professional Engineer. $120.00 - $160.00 per hour Project Manager: $100.00 - $130.00 per hour Construction Manager/Resident Engineer: $110.00 - $125.00 per hour Project Engineer: $85.00- $110.00 per hour Inspector: $75.00 - $95.00 CAD: $65.00 - $85.00 per hour Administrative: $45.00 - $65.00 per hour Subcontractor markup. 8% Mileage: IRS Rate All other costs at direct expense Terms 30 days net Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 1 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 fi"_COM City of Fort Collins On Call Construction Management and Inspection Services RFP #8111 AECOM 2015-2016 Wage Rate Schedule Administrative Assistant: $70.00 Project Engineer: $150.00 Senior Engineer: $170.00 Project Manager: $180.00 Senior Project Manager. $200.00 Project Director: $205.00 Project Principal: $260.00 Construction Technician I: $60.00 Construction Inspector I: $85.00 Construction Inspector II: $95.00 Senior Construction Inspector: $110.00 Construction Manager I: $120.00 Construction Manager II: $135.00 Construction Management DEPT MGR: $210.00 Reproduction at Invoice Cost Mail and Delivery at Invoice Cost Meeting Mileage at the Current Fed. Reimbursable Rate Construction Management Vehicle & Mileage: $48.00 per day Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 2 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 INYeh and Associates, Inc. C'ovillrling Encillc¢r. & sulentiit% City of Fort Collins On Call Construction Management and Inspection Services RFP #8111 Yeh and Associates, Inc. 2015-2016 Waae Rate Schedule Principal: $180.00 per hour Sr. Project Manager: $160.00 per hour Project Manager: $145.00 per hour Senior Project Engineer or Geologist: $115.00 per hour Graphics Specialist: $90.00 per hour Project Engineer or Geologist: $98.00 per hour Feld Inspector: $88.00 per hour Staff Engineer of Geologist: $83.00 per hour Engineer or Geologist Intern: $60.00 per hour Construction Project Manager: $125.00 per hour Senior Feld Inspector: $100.00 per hour Senior Feld Engineer/Technician: $85.00 per hour Feld Engineering Technician: $67.00 per hour Laboratory Technician: $62.00 per hour Laboratory Technician Intern: $50.00 per hour Drafter: $83.00 per hour Administrative Assistant: $60.00 per hour Expert Testimony and Court Appearance: $350.00 per hour Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 3 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 LS GALLEGOS City of Fort Collins On Call Construction Management and Inspection Services RFP #8111 LS Gallegos & Associates, Inc. 2015-2016 Wage Rate Schedule 2015 Rate 2016 Rate Professional Engineer: $236.86 $243.97 Project Engineer: $199,04 $205.01 Senior Inspector: $117.33 $120.85 Inspector: $106.93 $110.14 Admin Support: $90.25 $92.96 Travel costs are billed at per diem rates with no markup Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 4 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 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: 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. Professional Services Agreement —Work Order Type 8111 Construction Management & Inspection Services On -Call Page 5 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 Professional: City: Copy to: Ditesco LLC City of Fort Collins City of Fort Collins Attn: Keith Meyer Attn: Caleb Feaver Attn: Purchasing Dept. 1315 Oakridge Drive, Suite 120 PO Box 580 PO Box 580 Fort Collins, CO 80525 Fort Collins, CO 80522 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 Insurance 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. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "C", consisting of four (4) page(s), 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. 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, Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 2 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 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. Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 6 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 ACORO® CERTIFICATE OF LIABILITY INSURANCE /30MM/DDIYYYY) 6/30/2015 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 Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Katie MacCallon, CISR NAME: PHOIAIC.NE (970) 266-7157 FA/C No: (970)330-1867 E-MAILs:KMaccallon@floodpeterson.com ADDRES INSURERS AFFORDING COVERAGE NAIC # INSURERA:Contlnental Insurance Company INSURED Ditesco, LLC 1315 Oakridge Dr., Suite 120 Fort Collins CO 80525 INSURER B : INSURERC: INSURER D: INSURER E 1 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1532301332 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR 2090873913 10/3/2014 10/3/2015 PREMISES(E. occur ante)$ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY F PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 2090873927 10/3/2014 10/3/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X Ex NON -OWNED HIRED AUTOSAUTOS sin le limit $ UMBRELLA LIAB OCCUR I EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION WC STATU- OTH- ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) N / A 097624212 /15/2015 /15/2016 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ 500,000 A Professional MCH288252590 10/5/2014 10/5/2015 Occ $1,000,000 Liability $10,000 Deductible Agg $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Engineering CM - On Call Certificate holder is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. Waiver of subrogation applies. 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. CERTIFICATE HOLDER City of Fort Collins PO Box 580 Fort Collins, CO 80522 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 MacCallon, CISR/KMA 9- ACORD 25 (2010/05) INS025 igninnet n1 ©1988-2010 ACORD CORPORATION. All rights reserved. Tha Ar'r1Rrl nama anrt Innn nra ranictararl mar4c of Ar.OPr) DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 '�� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/30/2015 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 Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Katie MacCallon, CISR NAME: PHONE (970)266-7157 �X No (970)330-1867 ADDRESS:KMaccal1on@f1oodpeterson.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:COntlnental Insurance Company INSURED Ditesco, LLC 1315 Oakridge Dr., Suite 120 Fort Collins CO 80525 INSURER B : INSURERC: INSURER D: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:CL1532301332 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 I LTR TYPE OF INSURANCE ADDL lNqR SUBR WVQ POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 A CLAIMS -MADE ❑X OCCUR X 2090873913 10/3/2014 10/3/2015 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY PRO LOC AUTOMOBILE LIABILITY EOa .,damMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS RI I X 090873927 10/3/2014 10/3/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ sin le limit $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION WC STATU- OTH- FIR AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 22 0976412 3/15/2015 /15/2016 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 5 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Professional MCH288252590 10/5/2014 10/5/2015 Occ $1,000,000 Liability $10,000 Deductible Agg $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Engineering CM - On Call Certificate holder is included as Additional Insured for General Liability and Auto as required by written contract but only as respects to liability arising out of work performed by the named insured. Waiver of subrogation applies. 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. rI=RTIGIrATF unl n1=R CANCELLATION City of Fort Collins PO Box 580 Fort Collins, CO 80522 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 Teresa Berry/TBERRY ACORD 25 (2010/05) INR025 mmnnsl m U 19bd-201 U AGUKU LA)HPUKA I IUN. AU rlgnis reservea. Thn Aropn nmmn mnri Innn mra rnnictarnri mmrkc of Arr1Rn DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 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 owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, 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. 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. 13. 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. 14. 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. 15. 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 Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 3 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 according to the terms of this agreement, such party may be declared in default. 16. 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. 17. 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. 18. 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. 19. 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 Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 4 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 this Agreement knowingly employs or contracts with an illegal alien, Professional shall 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 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) pages, attached hereto and incorporated herein by this reference. Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 5 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 ATTEST: DocuSigned by: wov� /i - &19 E-" City Clerk APPROVED AS TO FORM: LDocuSigned by: 61, Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO DocuSigned by: � 111. 1z"', By: Gerry Paul Purchasing Director DATE: 7/8/2015 DITESCO LLC DocuSigned by: 4& By: Keith Meyer Printed: Title: Owner/Manager CORPORATE PRESIDENT OR VICE PRESIDENT Date: 7/1/2015 Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 6 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 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: 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. CITY OF FORT COLLINS By: Project Manager Date: By: Gerry Paul Purchasing Director (over $60,000.00) The attached forms consisting of _ (_) pages are hereby accepted and incorporated Date: herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL Date: Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 7 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 EXHIBIT B GENERAL SCOPE OF SERVICES DEFINITIONS City Project Manager— The City of Fort Collins employee assigned to be the City's representative. The City Project Manager is in direct charge of the project work and is responsible for the administration and satisfactory completion of the project under contract. The City Project Manager authorizes interim and final payments as well as all changes to the contracts for all Service Providers and Contractors. Service Provider— The individual, firm or corporation under contract by this agreement to perform construction services as outlined below. Professional Engineer— The Service Provider employee in charge of Service Provider services performed as described in this contract. The Service Provider Professional Engineer administering the Service Provider contract must be a licensed Professional Engineer in the State of Colorado. Project Engineer— The Service Provider employee who performs construction management as well as oversees construction inspection and project control staff under the responsible charge of the Service Provider Professional Engineer and at the direction of the City Project Manager. Senior Construction Inspector— The Service Provider employee who oversees the Service Provider Construction Inspectors and performs construction inspection duties. The Service Provider Senior Construction Inspector shall have at least eight (8) years of experience in construction inspection and be experienced in construction management. Construction Inspector— The Service Provider employee who performs construction inspection duties. The Service Provider Construction Inspector shall have at least four (4) years of experience in construction inspection. Contractor— The individual, firm or corporation contracting with the City to construct the project. Materials Testing Service Provider— The individual, firm or corporation under contract with the City at the time of project construction to perform materials and/or geotechnical testing. SCOPE OF SERVICES On -Call Construction Management and Inspection Service Provider services will be provided on an on -call, as -needed basis. The Service Provider can expect that the majority of work orders produced from this agreement will be for services for the City Engineering Department. However, this agreement will be available for use by any City department including, but not limited to, Parks, Natural Areas, Streets, Transfort, Traffic and Utilities. Typically, City Engineering Department projects are primarily transportation infrastructure improvement projects. These projects include roadway improvements, intersection Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 8 of 20 DocuSign Envelope ID: 383A2171-7D55-440B-9140-AB946C5FB770 improvements, pedestrian infrastructure improvements, and bridge and box culvert construction. A significant portion of City Engineering Department projects are funded through federal, state or other grants. Projects partially or fully funded through these sources are subject to Colorado Department of Transportation oversight and are referred to as Local Agency (LA) projects. LA projects have strict guidelines regarding construction requirements, documentation, payroll, submittals, etc. It is expected that the Service Provider staff assigned to LA projects have sufficient knowledge, resources and experience to successfully manage all facets of construction. The Service Provider shall be equipped and available to provide the following services as determined by the City Project Manager for each specific project: • Oversee, assist and advise the City Project Manager in all phases of the project as it relates to construction management, ensuring and documenting compliance with the project Contract Documents and all applicable local, state and federal requirements. • Assist in the advertisement and bidding process for contractor selection. • Conduct or assist in the evaluation and selection of contractor bids. • Coordination of geotechnical and material testing services within the City's separate on -call agreement(s) for such services. • Project reporting to various governmental agencies as it relates to construction including the City of Fort Collins, Federal Transit Administration (FTA), Federal Highway Administration (FHWA) and the Colorado Department of Transportation (CDOT). • Coordination and collaboration with local businesses, property owners, community stakeholders, local organizations and authorities. • Monthly pay applications, quantity reports, punch list items, final payment and project close-out. • Advise City Project Manager regarding variances between actual and budgeted/estimated costs; including financial oversight, risk analysis and budget management. • Monitor Contractor payroll compliance for LA projects. • Scrutinize, review, monitor, process and administer the Disadvantaged Business Enterprise (DBE) Administration, Davis Bacon and document control for the project to achieve project DBE goals for LA projects. o DBE requirements for LA projects are project specific and determined by CDOT prior to advertisement. • Prepare and coordinate regular construction meetings including specialized meetings with the various professional disciplines. Depending on specific project details and the availability of City staff, the Service Provider team members may be working in conjunction with City construction inspectors. The integration of team members from the Service Provider and the City will include emphasis on partnering and teamwork. Professional Services Agreement — Work Order Type 8111 Construction Management & Inspection Services On -Call Page 9 of 20