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HomeMy WebLinkAbout493755 KDG ENGINEERING LLC - CONTRACT - RFP - 8293 DRAKE BRIDGE REPLACEMENT DESIGN SERVICESDocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC 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 KDG ENGINEERING 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: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of twelve (12) 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. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than June 30, 2018. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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: KDG Engineering LLC Attn: Stanley Kobayashi 3500 S Wadsworth Blvd, Suite 400 Lakewood, CO 80235 City: City of Fort Collins Attn: Jin Wang PO Box 580 Fort Collins, CO 80522 Copy to: 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, Protect 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 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 1 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional agrees that it is responsible for and will ensure that the design Work under any Work Order complies with the 2010 ADA (American with Disabilities Act) Standards for Accessible design, separate from and in addition to building codes compliance. This includes ensuring that change orders or other changes comply with the 2010 ADA Standards. 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 "C" 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 "B", consisting of ten (10) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Two Hundred Forty -Four Thousand Nine Hundred Sixty -Five Dollars ($244,965). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 2 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. 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. 11. Subcontractors. Service Provider 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 Service Provider. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non - defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 3 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 4 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. ATTEST: DocuSigned by: ,,n,, n757(1 City Clerk APPROVED AS TO FORM: DocuSigned by: e6t. 6bdA r W1. LS45551FAn7944F1 Senior Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO By: EocuSigned by: ,—',.nQAI Gerry Paul Purchasing Director 6/20/2016 DATE: KDG ENGINEERING LLC DocuSigned by: Sz.��.1t. K��,,.d;. By: Printed: Stanley Kobayashi Title: Managing Principal CORPORATE PRESIDENT OR VICE PRESIDENT Date: 6/20/2016 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 5 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC EXHIBIT A SCOPE OF SERVICES The design work generally consists of the design of the bridge crossing over Larimer Canal No. 2. Structure FCDRK-0.1-MDWLK carries Drake Road over Larimer Canal No. 2 just west of North College Avenue. The work includes a replacement structure, roadway approach design, plan preparation, drainage evaluations, public process, environmental clearances, geotechnical investigations, utility relocation and coordination, and production of bid documents. All work must conform to CDOT procedures for a Federal -Aid project and with the design and construction standards of the governing agencies. The City will provide the raw survey data, utility potholing, acquire right-of-way (ROW), oversee the public involvement process, and oversee the coordination with the Larimer Canal No. 2 Company and CDOT. 1. General Requirements KDG Engineering LLC (KDG) will complete all work using the latest AASHTO, CDOT, City of Fort Collins, and ADA and Draft PROWAG design and construction standards or guidelines, practices, and procedures. a. Coordination with Other Agencies: KDG will coordinate with representatives of the City of Fort Collins, the utility companies, and CDOT. b. Monthly Reporting and Progress Meetings: Throughout the duration of the design, KDG will provide written monthly progress reports detailing the work completed and the work anticipated for the next month. The monthly reports will be part of the billing submitted monthly. In addition, ten (10) progress meetings will be held at 2- to 3-week intervals. 2. Conceptual Design a. Surveying and Right -of -Way (ROW): The City will provide KDG with the survey data and a basic topography drawing (contours, utilities, existing structure information, trees, driveways, properties, etc.) of the project site. The City survey crews will be available to provide any additional survey information that the consultant deems necessary for the project. KDG will produce the digital terrain model and existing topography from the raw survey data. City survey crews will be available to provide any additional survey information that KDG deems necessary for the project. The City will provide legal descriptions, and KDG will develop a ROW plan that conforms to CDOT requirements (see below). (1) Project Limits — It is anticipated that the survey project limits provided will cover the areas needed for our design. (2) Horizontal and Vertical Control — The field survey and subsequent survey control and monumentation plan (survey control diagram) will establish, horizontally, the location of existing section corners, property corners, and the local control relative to the Colorado High Accuracy Reference Network (HARN). (3) Topographic Survey — It is anticipated that the City will provide the raw survey data and KDG will provide a topography drawing with a 1-foot contour interval throughout the survey project limits. In addition, a survey of the existing structure will be provided and will include low girder(s) elevations, locations of the various structure types, locations of the abutments, wingwalls, and other pertinent structural elements. The design survey will be delivered as an AutoCAD drawing file. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 6 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC (4) Utility Survey and Potholing — Utilities will be delineated from the survey of the existing visible field appurtenances and field markings. KDG will conduct a detailed research to update the existing utility information provided by the survey. KDG will coordinate and request utilities potholing. Potholing services may be provided by the City's on -call contractor. However, for the purposes of this contract, 12 utilities have been identified with 4 potholes per utility. One pothole approximately 5-feet from the back of the abutment and another pothole 5-feet further away will be provided to determine where the utility angles down under the abutment. 48 total potholes by KDG's subconsultant are provided for in the fee estimate. It is anticipated that the City will need to survey in the potholes locations and possibly the depth of the utility during the potholing work in order to take advantage of the traffic control by the pothole subconsultant. Any utilities marked after the original survey will be surveyed by the City. Potholes and profiles of the utilities will be shown on the plans. (5) Hydraulic Survey — It is anticipated that the City will provide basic cross section surveys of the ditch at various locations. The survey will include bottom of ditch elevations, location of the toes of the ditch slopes, top of bank, etc. in order to delineate the ditch cross sections. (6) Test Bores — It is anticipated that the City will need to survey the horizontal and vertical location of the test bores provided by the geotechnical consultant. This test bore information will be delineated on the design survey. (7) Right-of-way Plans (KDG and the City) — The City will provide the property ownership and property line information for the project. KDG will prepare a complete set of ROW plans, combined with the raw survey data and design plans, in CDOT format, except for the survey control diagram and monumentation sheet. KDG will need the City's surveyor's assistance in creating these two sheets, and these sheets will need to be stamped by the PLS in charge of the survey. The City will provide title work, including the preparation of informational title binders on the adjacent property owners. These title binders will identify any existing encumbrances and/or easements on their property. (8) Legal Descriptions and Exhibits (provided by the City) — The City will provide legal descriptions with assistance from KDG in preparing the exhibits for the descriptions. None are expected at this time. b. Urban Design: The City will provide an urban design consultant to develop urban design concepts for the replacement bridge. A minimum of two (2) urban design alternatives for the replacement bridge will be developed. These alternatives will utilize sound Context Sensitive Solution (CSS) principles of evoking the history, environment and culture of the community into the design. The design elements will address the visible bridge structure, railings, columns, abutment walls and adjacent sidewalk areas. Alternatives will illustrate families of materials and design features that would express a character unique to the bridge and its adjacent context within the neighborhood and the city KDG will meet with City staff and urban consultant to review the alternatives and assist in the selection of a preferred alternative. Once a preferred alternative is selected, the urban design consultant will refine the design according to comments from City staff and a presentation of that alternative will be made to the City of Fort Collins. The urban Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 7 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC design consultant will provide a color rendering and construction cost estimate of the each of the preferred alternatives. Two alternatives will be developed for the bridge. The alternatives will include illustrated cross -sections, and a conceptual perspective sketch of each option. c. Structure Selection Reports: (1) Structure Selection Report — This report will summarize and explain all the decisions that were involved in the design effort including the following design elements: (a) Urban Design — The two (2) urban design alternatives will be analyzed and included in the report with cost estimates. (b) Existing conditions data collection. Existing project conditions, both structural and site conditions, will be collected and documented. (c) Design criteria. The design shall be in accordance with the AASHTO LRFD Bridge Design Specifications, and the CDOT Bridge Design Manual. (d) Review the structure site data to determine the requirements that will control the structure size, layout, type, and rehabilitation alternatives. 1) Determine the structure layout alternatives. Determine the structure length, width, and span configurations that satisfy all horizontal and vertical clearance criteria. For walls, determine the necessary top and bottom of wall profiles. 2) Determine the structure type alternatives. A minimum of three (3) alternatives will be analyzed. Consider precast and cast -in -place concrete and steel superstructures and determine the spans and depths for each. For walls, determine the feasible wall types (CDOT Bridge Design Manual Section 5 will not apply). 3) Determine the foundation alternatives. Consider piles, caissons, spread footing, and reinforced earth foundations based on geology information from existing structures and early estimates from the project geologist. Foundation investigation will be performed by KDG's subconsultant, Yeh and Associates. (e) Determine the rehabilitation alternatives - This is not needed because the existing structure has exceeded its design life. (f) Determine a construction phasing plan by providing input on the effects of construction phasing on the structural elements. The impact of staged construction on the structure alternatives shall be considered and reported on. (g) Compute preliminary quantities and preliminary cost estimates as necessary to evaluate and compare the structure layout, type, and rehabilitation alternatives. (h) Evaluate the structure alternatives. Establish the criteria for evaluating and comparing the structure alternatives that, in addition to cost, encompass all aspects of the project's objectives. Based on these criteria, select the optimum structure layout, type, and rehabilitation alternative, as applicable, for recommendation to the City. (i) Prepare preliminary general layout for the recommended structure. Prepare structure layouts in accordance with the CDOT Bridge Detailing Manual. A detailed preliminary cost estimate shall accompany the general layout. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 8 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC Q) Memorandum of Design — Structures. Prepare a Memorandum of Design — Structures summarizing the analysis, design criteria, and recommendations. This memo should summarize the structure site data used to select and layout the structure. Include the following: o Project site plan o Roadway vertical and horizontal alignments and cross sections at the structure o Existing site condition data o Construction phasing / detour. o Utilities on, below, and adjacent to the structure o Hydraulics and Stormwater drainage: No design anticipated but the reasons for this will be documented (see Drainage Design section in Preliminary Design scope). o Preliminary geology information for structure foundations o Urban design requirements o Consideration of different types of superstructures (see Conceptual Design for number of alternatives) and use of square foot costs to determine the most cost efficient type (k) Report on the structure selection and layout process. Include the following: o Discuss the structure layout and type of structure alternatives considered. o Define the criteria used to evaluate the structure alternatives and how the recommended structure was selected. o Provide a detailed preliminary cost estimate based on estimated quantities and a general layout of the recommended structure. (2) Conceptual Design: KDG will provide conceptual design alternatives for the bridge concepts (two maximum) as part of the structure selection report. At the completion of the conceptual design phase, KDG will prepare a Conceptual Design Report, which will include conceptual drawings and design calculations, identify all land acquisition requirements, and contain a conceptual Opinion of Cost to identify any possible funding shortfalls. d. Coordination with the Larimer Canal No. 2 Company: KDG will coordinate with the ditch company through the City's staff. e. Public Outreach: KDG will assist the City in a public outreach program, typically involving an open house or public meeting. One open house is anticipated for both structures before the structure selection report is finalized. KDG will provide the City with exhibits for bridge alternatives, the urban design consultant will provide the urban design alternatives, and KDG will provide the anticipated schedules for the meeting and be in attendance. 3. Preliminary Design KDG will provide detailed design plans for all project components. A status set of plans will be kept available to the owner for review and submittal to the appropriate agencies, utility companies, and affected property owners as needed. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 9 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC a. Urban Design: The City will select the final urban design concept. The urban design concept will be further developed for final design. b. Utilities: The plans will show all found existing utilities and structures. There are is a known underground electrical duct bank on the north side of the bridge. Preliminary review indicates a possibility of 12 utilities in the area possibly consisting of electric, water, gas, communications, and storm. The utilities will be shown both horizontally and vertically, if possible, and in relation to the proposed improvements. KDG will identify all utility conflicts and will coordinate relocation/removal through the appropriate utility companies. c. ROW: KDG will identify impacts on the existing properties and determine areas of temporary and permanent easements or ROW acquisitions by providing the City with toe of fill or cut slope locations. The following will be provided by the City of Fort Collins (see 2.a.(7) and (8)): (1) Legal descriptions (2) Appraisal and acquisition service through the City Real Estate Services d. Permits: Prepare the applications for necessary permits noted herein for the design phase. This does not include the application for an Army Corps of Engineers Section 404 permit. e. NEPA: Prepare documents in accordance with the requirements of the current federal and state environmental regulations, including the National Environmental Policy Act of 1969 (NEPA). The bridge site is anticipated to be covered under a Categorical Exclusion (Cat Ex). For NEPA documentation, the intent is to qualify the project as a Cat Ex. f. Section 404 Permit: It is not anticipated that this project will need to obtain a Section 404 Clean Water Act permit for dredge and fill of jurisdictional waters of the US. However, a Nationwide Permit is anticipated. This work will include related tasks necessary to complete the permit, including a wetland mitigation plan, wetland delineation, and compliance with the US Endangered Species Act. g. Storm Water Discharge Permit Associated with Construction Activity (CDPS): During construction, if 1 acre or more of earth disturbance is anticipated, a Colorado Discharge Permit System (CDPS) permit will be required. KDG will complete the Storm Water Management Plan forms provided on CDOT's website as part of the CDPS permit to the construction plans. The SWMP must be approved by CDOT Region 4. However, since the disturbed area is anticipated to be less than 1 acre, a modified SWMP will be provided. This is basically a construction erosion control plan. Discharges from the City's municipal separate storm sewer system (MS4) must also follow the City's MS4 permit requirements. h. Environmental: Federal funding may be used for this construction phase of this project, which would be managed by the Colorado Department of Transportation (CDOT). It is expected that a Categorical Exclusion (Cat Ex) Determination will need to be completed to satisfy National Environmental Policy Act (NEPA) documentation requirements for this project with oversight from the Colorado Department of Transportation (CDOT). For this project, Pinyon Environmental will provide the environmental documents. Pinyon will support the environmental task by completing technical studies as outlined below. Pinyon assumes that each report will have two (2) rounds of Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 10 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC review/revision/comment; one concurrent review by KDG and the City of Fort Collins and the second by CDOT. If additional project elements are added, or if the scope of work changes after the field studies have been completed, then additional costs would be incurred. Pinyon will provide KDG with GIS shapefiles of existing resources for completion of impact assessment. Project duration is assumed to be 12 months. The schedule assumes that all fieldwork would occur shortly after the "mud season" when vegetation is growing and can be speciated. Natural resources fieldwork will be completed by a two person team in one day. Pinyon will provide the documentation required for the following resources: 1. Hazardous Materials 2. Threatened and/or Endangered Species 3. Wetlands 4. Vegetation and Noxious Weeds 5. Section 106 and Section 4(f) Compliance for Historic Resources Pinyon assumes that the following resources that need to be addressed to complete the Form #128 will be cleared by CDOT internally: 1. Noise 2. Air 3. Paleontology 4. Section 6(f) 5. Section 4(f) for Recreational Facilities Based on Pinyon's initial review of the project, the following are the environmental evaluations that Pinyon will complete to meet CDOT and Federal Highway Administration protocols: (1) Task 1 — Project Management Pinyon will attend the kick-off meeting in Fort Collins, Colorado; however, we will not participate in the FIR and FOR meetings. This task also assumes time for general project management activities (i.e., project support, contract administration, monthly invoicing). (2) Task 2 — Hazardous Materials Pinyon will complete a file search, regulatory agency review, and site visit to document existing conditions in an Initial Site Assessment report and present recommendations for handling hazardous materials if needed. Interviews will not be conducted as a part of this task. Pinyon assumes that KDG will obtain the necessary permission to enter documentation. Phase 2 work is not include in this scope or associated fee. (3) Task 3 — Biological Resources' Field Survey/Wetland Delineation Pinyon's biologist will evaluate sensitive biological resources, including federally and state -listed threatened and endangered species, noxious weeds, Senate Bill 40 (SB 40) resources (i.e., riparian trees and shrubs), and migratory birds. In addition, Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 11 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC Pinyon's biologist will complete a wetland delineation in accordance with US Army Corps of Engineers (USACE) and CDOT protocols for the project study area. The limits of the waters of the US (WUS) will be surveyed in the field with a Trimble Geo XT Global Positioning System (GPS) unit with submeter accuracy; the boundary of the wetlands will be flagged in the field for USACE verification. Pinyon will assess vegetation, hydrology and soil conditions in the field, and will fill out the USACE wetland delineation field forms. Pinyon will also document field conditions with photographs. Field survey will be completed by two Pinyon biologists in one day. Field survey for WUS, and threatened and endangered species, will be completed concurrently. Pinyon will document the information from the field, methodology, results, and mitigation techniques to avoid or minimize impacts to sensitive biological resources in a Biological Resources Report (BRR). Furthermore, Pinyon will prepare the necessary documentation to solicit concurrence from the US Fish and Wildlife Service (USFWS), assuming that the project would lead to a determination of either no affect, or not likely to adversely effect, to federally listed species. Species -specific surveys, noxious weed management plans, and/or mitigation plans may also be necessary, but are not included in this proposal. Larimer County Canal No. 2 (and any associated wetlands) is assumed to be WUS. Existing conditions and information obtained from the KDG team, (e.g., impacts, both temporary and permanent) will be documented in the BRR. The BRR will also detail the mitigation strategy for impacts on a 1:1 basis; plantings and mitigation would be detailed on the project Stormwater Management Plans to be informed by Pinyon but prepared by KDG or other member of team. Impacts to WUS are assumed to be minimal and are assumed for scoping purposes to be permitted under a USACE Nationwide Permit. Additionally, based on this assumption, Pinyon has not included completion of a Wetland Finding Report in this proposal. Pinyon will complete a Pre -Construction Notification as part of the Nationwide Permit request. Pinyon assumes that an Individual Permit is not expected or included in this scope. Larimer County Canal No. 2 is also a Senate Bill 40 resource. In compliance with SB 40, a SB 40 certification will be obtained from Colorado Parks and Wildlife (CPW) as riparian habitat is present along Larimer Canal No. 2. The Team will consult with USFWS concerning potential habitat for threatened or endangered species. At this time, it is assumed there is no suitable habitat for the federally threatened Preble's meadow jumping mouse habitat in the project area or other species of concern. Pinyon will assist in completion of the landscape plan, assuming that KDG would provide mapping and design assistance. Pinyon would provide guidance and mitigation requirements as necessary. Deliverables: Biological Resources Report, USFWS Concurrence Letter, SB 40 Certification submittal documents, USACE Nationwide Permit Request/Pre- construction notice (4) Task 4 - Section 106 and Section 4(f) Compliance for Historic Resources Pinyon's staff historian will develop an Area of Potential Effect (APE) in coordination with CDOT and identify any potential resources. A review of the probable project area in the COMPASS database maintained by the History Colorado Office of Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 12 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC Archaeology and Historic Preservation (OAHP) indicates the Bridge Structure FCDRK-0.1-MDWLK was evaluated as officially not eligible to the National Register of Historic Places (NRHP) in 2002 under the Colorado Historic Bridge Survey completed by CDOT. The bridge will not require resurvey for the purpose of this project. The segment of Larimer County Canal No. 2 intersected by the bridge has not been evaluated to determine if the segment supports or does not support the eligibility of the overall canal resource. The "stem" number for Larimer County Canal No. 2 (5LR10919) contains no assessment of eligibility —therefore it is assumed eligible per OAHP's white paper for the treatment of linear resources. The segment of the canal intersecting the project area will be surveyed to determine if it supports the eligibility of the overall canal; a determination that will require consultation with and concurrence from the Colorado State Historic Preservation Office (SHPO). Easements from adjacent properties may be required to accommodate the work. Review of Larimer County Assessor records indicate one property adjacent to the work contains a resource constructed within the last 48 years, which may also be part of a larger subdivision constructed in the 1960s and therefore a potential historic district. Because this resource is likely to become 50 years old before completion of the project, it should be surveyed for historic eligibility on OAHP forms. It recommended that the subdivision be treated as eligible for the purpose of compliance review related to this project rather than completion of a historic survey to assess district potential. This approach will require acceptance by the CDOT Region 4 Historian. This proposal includes the scope and fee to complete site forms for two (2) properties and an effects and eligibility letter for submittal to the CDOT historian for delivery to the SHPO. This scope assumes that a cultural survey report will not be completed. Pinyon will also draft the necessary Section 4(f) de minimis correspondence for FHWA clearance, if required (formal Section 4(f) clearance is not anticipated or included with this proposal). De minimis documentation will be included in the eligibility and effects determination submittal to SHPO. If the effects of the project are adverse, or if potential sites are identified, additional scope and fee would be required. An archeologist will review the project area for previously recorded, or potential, archeological resources through a database search and a site visit. This scope assumes none are present; therefore, a memorandum to the file will be prepared. If resources are identified that require additional recordation, consultation, or otherwise, this scope will require re -visitation. Deliverables: APE Map, Forms 1403 (2); Effects and Eligibility Letter; Section 4(o de minimis correspondence; Archeological Resources Memorandum. This estimated scope of services includes task -specific assumptions as described above, as well as general assumptions for the project. Should these assumptions be incorrect, the scope and estimated fee may not be valid. (a) Meetings — Pinyon will participate in three project meetings (i.e., kick-off, FIR, and FOR) which will be held in Fort Collins. (b) Design Data - Pinyon assumes that KDG will supply design files with the correct project and projection information from the survey. It is assumed that only one alternative will be assessed for impacts. GIS data will be collected and submitted to KDG in the NAD 1983 State Plane Colorado Central Projected Coordinate Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 13 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC System for quantification of impacts. Pinyon assumes that KDG will provide the design in the same coordinate system for use in creating maps. (c) Permission to Enter Forms — Should Pinyon need permission to enter a property, it is assumed that KDG will obtain this right. (d) Threatened and Endangered Species — Pinyon assumes species -specific threatened and endangered surveys will not be needed. (e) Coordination with Jurisdictional Agencies — Pinyon will coordinate directly with jurisdictional agencies (except the SHPO; CDOT will complete consultation with SHPO) via email and phone but will not hold resource meetings with these entities. (f) Stakeholder Outreach — Pinyon assumes that KDG will be solely responsible for any stakeholder outreach required. i. Geotechnical Engineering: Conduct geotechnical investigation for the project. Borings will be advanced using solid -stem auger drilling methods. A single lane closure will be required for each boring. The geotechnical engineer will be responsible for traffic control during boring operations. The general tasks will include: (1) Site reconnaissance by one of Yeh's engineers or geologists. (2) Obtain City of Fort Collins temporary occupancy permit. (3) Arrange for underground utility locates in the project vicinity. (4) Drill two (2) borings, one on each side of the existing bridge, to approximate depths of 60 feet for bridge foundation design recommendations. (5) Drill two (2) additional borings, one on each side of the existing bridge, to approximate depth of 5 feet for pavement design recommendations. (6) A representative of Yeh and Associates will log the borings in the field and recover soil and/or bedrock samples. (7) Borings will be backfilled with auger cuttings upon completion. Borings through asphalt or concrete pavement will be patched with non -shrink grout. (8) Borings will be marked by Yeh and Associates and surveyed by the City. (9) Conduct laboratory testing on recovered samples as needed to classify the site soils and bedrock. Laboratory tests will include sieve analysis, Atterberg limits, natural moisture content, dry density, water soluble sulfate content, water soluble chloride content, pH, resistivity, swell/consolidation and other tests needed for the work. (10) Prepare a draft geotechnical engineering report that includes the following specific information: • Nature, consistency, and depths of the soils encountered in the borings. • Depth to groundwater, if encountered during drilling. • Logs of borings and classification of soil materials encountered while drilling and sampling. • Description and results of the field and laboratory test programs. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 14 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC • Exploration location map, boring logs and a description of site conditions. Recommendations for the bridge and foundations and pavement sections. Both shallow and deep foundations will be evaluated along with retaining wall and pile or caisson parameters. (11) Prepare final geotechnical engineering report and engineering geology drawing. Upon review, revise the draft report and provide four copies of the final report and a pdf copy of the report. The geotechnical work and report preparation will be conducted under the supervision of a registered professional engineer. Yeh will notify UNCC to get site utility clearances before the field investigation. Yeh anticipates that they can begin performing the field investigation within one week after clearance of the utilities and obtaining access permit. Yeh estimates that the field investigation will take two days to complete and approximately two weeks to test soils. Preliminary geotechnical engineering information can be provided within approximately one week after completion of investigation and soil testing and the draft geotechnical report will be available within about three weeks after completion of field investigation and soil testing. The final geotechnical report will be submitted after receiving comments on the draft report. j. Drainage Design: It is anticipated that no hydraulic design will be necessary since the ditch company requirements are limited to clear width and height of the structure. For the roadway stormwater drainage, match existing curb and gutter drainage where possible. Where new curb and gutter is to be provided, terminate at a reasonable distance past the bridge. For the purpose of the hour estimate, it will be assumed that only a letter report will be necessary and not a full drainage report. KDG will prepare a letter report to justify the roadway and bridge modifications, in accordance with the City criteria. k. Roadway Design: This task will consist of research, collecting data, coordinating with bridge design team regarding approaches, setting horizontal and vertical alignment, preparing roadway plan and profile sheets, preparing cross sections and typical sections sheet, accommodating roadway drainage, and revising documents based on agency comments. Temporary asphalt shall be used to provide a suitable wearing surface when hot mix asphalt is unavailable during the winter. Note that if temporary asphalt pavement is used during the winter months, it shall be removed and replaced with Hot Mix Asphalt when weather, temperatures, and operating asphalt plants can meet the minimum requirements (usually after March 1). I. Construction Phasing Plan: A construction phasing plan with traffic control will be provided to accommodate one lane in each direction during the construction period. m. Bridge Design: The replacement structure will be similar in length to the existing structures in order to maintain their hydraulic capacity for the ditch and will also accommodate two riparian crossings. Vertical clearances will have to be coordinated with the Larimer Canal No. 2 Company but it is not expected to change from the existing case, reducing impacts to the grade of the road. A general layout with plan, sections, and elevations of the proposed structures will be provided. n. Lighting Design: No lighting design is required. o. Estimates: KDG will provide an opinion of probable construction costs based on 30% and 90% complete plans. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 15 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC p. Submittals: At the completion of the Preliminary Design Phase, KDG will provide the City with 12 half-size (11 "x17") sets of review plans. The plans will be approximately 30% complete. KDG can also provide these drawings to the City in electronic format. q. Field Inspection Review (FIR): KDG will attend the FIR conducted by the City, with CDOT in attendance at an approximate 30% completion phase. It should be noted that by closely working with the City, and pending CDOT approval, a 75% submittal may be substituted for the 30% phase. 4. Final Design a. At the final design level, KDG will provide detailed design plans for all aspects of the project, including bridge, wetland mitigation, property restoration, drainage, erosion control, and culvert plans. For this preliminary scope of work it was assumed that the selected alternative will be a single cell concrete box culvert. When the final design is completed KDG will provide half-size drawings plotted on high - quality paper to ensure accuracy and scale. One set of final design drawings will be signed and stamped by a Colorado registered professional engineer. b. KDG will prepare contract documents and specifications. KDG will develop the technical specification format in CDOT format. The contract documents will contain the City of Fort Collins' standard contracts and bid forms. c. It is anticipated that the construction will be done in two phases, maintaining one travel lane in each direction at all times during construction. d. Near the completion of the Final Design Phase, KDG will provide the City 13 half-size sets of review plans and the specification package. The plans will be approximately 90% to 95% complete. KDG will submit final drawings on disc in PDF format. e. Final Office Review (FOR): KDG will attend the FOR conducted by the City, with CDOT in attendance. CDOT requires this at the 90-95% complete stage. All comments shall be incorporated into the final set of bid documents. Construction Documents: A complete set of bid ready plans and documents will be submitted to the City. Once CDOT approves of the construction documents for sealing, KDG will seal and sign (by a Colorado PE) three sets of 8.5" x14" drawings. In addition, an electronic copy of the construction plans and specifications will be submitted to the City. The acceptable formats are AutoCAD, MS Word, and PDF and as requested by the City. 5. Construction Engineering Support KDG will provide construction administration as noted below: a. Attend prebid conference. b. Assist with prebid technical questions concerning the design. c. Assist with a review of the bids. d. Attend the preconstruction conference. e. Review construction shop drawings for conformance with the contract documents and compliance with the provisions of the Standard Specifications for Road and Bridge Construction. f. Provide technical assistance during the construction period. Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 16 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC g. Assist with the evaluation of design change requests. h. Complete as -built plans based on redlines will be provided by the Contractor and the City. KDG will transfer to the electronic plans. 6. Work Hours Estimate A spreadsheet with the breakdown of hours by task is attached. A total is shown on the last sheet. 7. Schedule FIR Level Submittal: December 2017 Ditch Company Submittal (better than FIR level): January 2017 Construction Advertisement: Late August or Early September, 2017 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 17 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC EXHIBIT B COMPENSATION Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 18 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION PROJ. MGT., BRIDGE DESIGN, & UTILITIES - HDG PM Bridge Engr. Pro} Engr. Direct Costs KDG Task Hours KDO Fees Stan Kobayashi, PE Joe Long, EIT Stuart Yamamoto, EIT 1 PROJECT MANAGEMENT a. (1) PROJECT KICKOFF MEETING (1) (2) COORDINATION WTH OTHER AGENCIES b. (1) PROGRESS MEETINGS (10) (2) PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM MTGS,ETC. 3 $77 3 $536 5 5 $405 16 $765 16 $3,213 24 24 $3,672 SUBTOTAL PROJECT MANAGEMENT HOURS1 43 5 0 $842 48 $7,826 2 CONCEPTUAL DESIGN PHASE a. PROJECT DESIGN SURVEY (1) (a) PRESURVEY CONFERENCE (1) (b) RIGHT OF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY (4) & (6) UTILITY & POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7) ROWOWPERSHIPMAP b. URBAN DESIGN (1) MEETINGS AND COORD. (2) CONCEPTUAL BRIDGE DESIGNS (2 URBAN DESIGNS ALTERNATIVES) (3) PRELIMINARY&FINAL DESIGN c. STRUCTURE SELECTION REPORT (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) URBAN DESIGN CONCEPTS (d) CONCEPTUAL DESIGN REVIEW MEETING d. LARIMER CANAL NO.2 COMPANY COORDINATION e.PUBLIC OUTREACH1 1 $153 2 $162 $306 3 12 15 $1,587 3 6 9 $1,023 1 16 17 $1,657 1 16 17 $1,449 1 4 4 9 $853 4 4 8 $988 B 8 $1,224 16 24 $108 48 $4884 SUBTOTAL CONCEPTUAL DESIGN HOURS 32 == 66 $108 136 $14,286 3 PRELIMINARY DESIGN PHASE a URBAN DESIGN b. UTILITIES INVESTIGATION (1) OBTAIN UTILITY LOCATION MAPS & LOCATE (2) CONDUCT FIELD POTHOLES (48) & MEET WITH UTILITIES (3) COORD. RELOCATION INFO. W/ UTILITIES &PRELIM. DESIGN C. RIGHT-OF-WAY IMPACT PLANS d.-h. ENVIRONMENTAL DOCUMENTATION (1) & (4) HAZ. MATLS ISA (2) & (3) BIOLOGICAL, T&E, WETLANDS, NOXIOUS WEEDS, SB40, USACE PRECON. NOTIF. (5) SEC. 106, 4(� COMPLIANCE (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (a)^nn ni ^nniicr=ci iovovrnr_Gniry rnnon (7) (b)-- (6) 494TAAi ens o I. GEOTECHNI CAL ENGINEERING (1) GEOTECHNICAL INVESTIGATION &REPORT j. DRAINAGE (1) ...�..�e-. (2) (3) DRAINAGE ANALYSIS (4) PRELIM. DRAINAGE REPORT k. ROADWAY DESIGN I. CONSTRUCTION PHASING PLAN m. BRIDGE DESIGN o. ESTIMATES P. SUBMITTALS q. FIELD INSPECTION REVIEW 1 4 5 $529 1 2 3 $341 1 8 9 $905 1 8 9 $905 2 2 4 $494 1 2 $234 4 4 8 $988 2 8 10 $1,058 4 8 24 36 $3,516 4 8 12 $1,260 1 2 4111 7 $731 4 4 $77 8 $1.013 SUBTOTAL PRELIMINARY DESIGN HOURS 26 23 64 $117 13 $11,974 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 19 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION PROJ. MGT., BRIDGE DESIGN, & UTILITIES - KDG PM Bridge Engr. Pro} Engr. Direct Costs KDG Task Hours KDG Fees Stan Kobayashi, PE Joe Long, EIT Stuart Yamamoto, EIT 4 FINAL DESIGN a. (1) UTILITIES RELOCATION PLANS (2) RIGHT-OF-WAY (a) ROW FINAL PLANS (b) ROW PLAN REVISIONS (3) ROADWAY DESIGN (a) ROAD DESIGN, PLANS, SPECS (b) QUANTITIES (c) ROADWAY PS&E (4) BRIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (d) INDEPENDENT QUANTITY CHECK b. D RAI NAG E AND SWM P (1) DRAINAGE REPORT (2) SdWMP PLANS (3) FINAL DRAINAGE PLANS C. URBAN DESIGN (INCLUDED ABOVE) d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE REVIEW (1) CONSTRUCTION PLAN PACKAGE 1 6 8 1 15 $1391 2 2 4 $494 3 4 7 $835 21 2 $306 4 68 132 204 $18,528 2 32 34 $2,898 60 32 92 $12,188 2 32 34 $3,314 1 4 5 $529 11 8 24 33 $3,057 1 1 $153 1 16 $40 17 $1 697 16 16 $157 32 $4,109 SUBTOTAL FINAL DESIGN 961 1141 270 $1971 480 $49,499 TOTAL DESIGN HOURSI 1971 1801 4001 $1 ,264 777 $83,565 5 CONSTRUCTION ENGINEERING SUPPORT a. PREBID CONFERENCE b PREBID QUESTIONS c BID REVIEW d PRECONSTRUCTION CONFERENCE e SHOP DRAWINGS f TECHNICAL ASSISTANCE DURING CONSTRUCTION g EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION 5 4 $40 9 $1,129 2 4 6 $630 1 1 $153 4 4 $40 8 $976 16 24 40 $4,392 32 32 24 88 $9,744 4 8 12 $1,260 2 4 24 $401 30 $2,926 SUBTOTAL CONSTRUCTION SERVICES 66 60 48 $120 194 $21,210 TOTAL HOURS AND FEES 263 260 448 $1,384 971 $104,795 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 20 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION UTILITY LOCATES- SAFE SITE ROADWAY!TRAFFIC - Hudt Zollars Direct Costs Safe Site Fees Princ. PM Sr Designer ?,dmin. Direct Costs H-Z Task Hours$22bUU H-Z Fe.: -7- 1 PROJECT MANAGEMENT a. (1) PROJECT KICKOFF MEETING (1) (2) COORDINATION WITH OTHER AGENCIES b. (1) PROGRESS MEETINGS(10) _1,21 PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM MTGS, ETC.)40 40 $5 600 SUBTOTAL PROJECT MANAGEMENT HOURS L-1 50 0 40 0 i' $0 40 $5 600 2 CONCEPTUAL DESIGN PHASE a. PROJECT DESIGN SURVEY (1) (a) PRESURVEY CONFERENCE (1) (b) RIGHT OF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY (4) & (6) UTILITY & POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7) ROW/OWNERSHIPMAP b. URBAN DESIGN (1) MEETINGS AND COORD. (2) CONCEPTUAL BRIDGE DESIGNS (2 URBAN DESIGNS ALTERNATIVES) (3) PRELIMINARY & FINAL DESIGN c. STRUCTURE SELECTION REPORT (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) URBAN DESIGN CONCEPTS (d) CONCEPTUAL DESIGN REVIEW MEETING of LARIMER CANAL NO.2 COMPANY COORDINATION e. PUBLIC OUTREACH SUBTOTAL CONCEPTUAL DE SIGN HOURS $0 $ii ii '_i ii i: L-1 3 PRELIMINARY DESIGN PHASE s URBAN DESIGN b. UTILITIES INVESTIGATION (1) OBTAI N UTI LITY LO CATI ON MAPS &LOCATE (2) CONDUCT FIELD POTHOLES (48) & MEET WITH UTILITIES (3) COORD. RELOCATION INFO. W/ UTILITIES&PRELIM. DESIGN C. RIGHT-OF-WAY IMPACT FLANS d.-K ENVIRONMENTAL DOCUMENTATION (1) & (4) HAZ. MATLS ISA (2) & (3) BIOLOGICAL, T&E, WETLANDS, NOXIOUS WEEDS, SB40, USACE PREC ON. NOTIF. (5) SEC. 106,4(t) COMPLIANCE (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (a) inaTiai M01I2r R'IRVevennr=NCYC0non (7) (b) XWWmA.. _. .------_-------- (8) L GEOTECHNICAL ENGINEERING (1) GEOTECHNICAL INVESTIGATION & REPORT j. DRAINAGE (2) (3) DRAINAGE ANALYSIS (4) PRELIM. DRAINAGE REPORT k. ROADWAY DESIGN L CONSTRUCTION PHASING PLAN m. BRIDGE DESIGN o. ESTIMATES P. SUBMITTALS q. FIELD INSPECTION REVIEW $28.710 $28 710 1 - __- - $485 130 $17,205 SUBTOTAL PRELIMINARY DESIGN HOURS $287101 $28,7101 1 d_` -- $485 130 $17205 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 21 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION UTILITY LOCATES- SAFE SITE ROADWAY/TRAFFIC - Hukt Zokara Direct Costs see Site Fees Princ. PM Sr Designer Admin. Direct Costs H-Z Task Hours H-Z Fz._ 4 FINAL DESIGN a. (1) UTILITIES RELOCATION PLANS (2) RIGHT-OF-WAY (a) ROWFINAL PLANS (b) ROW PLAN REVISIONS (3) ROADWAY DESIGN (a) ROAD DESIGN, PLANS, SPECS (b) QUANTITIES (c) ROADWAY PS&E (4) BRIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (d) INDEPENDENT QUANTITY CHECK b. DRAINAGE AND SWMP (1) DRAINAGE REPORT (2) S VMP PLANS (3) FI UAL D RAJ NAG E PLANS c. URBAN DESIGN (INCLUDED ABOVE) d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE REVIEW (1) CONSTRUCTION PLAN PACKAGE 8 42 72 1i 1 $16;�'"' 4 8 24 36 $4,900 SUBTOTAL FINAL DESIGN $0 $0 12 50 96 10 $0 168 $21 ,720 TOTAL DESIGN HOURS $23 710 $28,710 16 132 178 12 $436 338 $44 525 5 CONSTRUCTION ENGINEERING SUPPORT a. PREBID CONFERENCE b PREBID QUESTIONS c BID REVIEW d PRECONSTRUCTION CONFERENCE e SHOP DRAWINGS f TECHNICAL ASSISTANCE DURING CONSTRUCTION g EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION 4 4 - $1 040 SUBTOTAL CONSTRUCTION SERVICES $0 $0 0 4 4 0 $1-1 8 $1 ,040 TOTAL HOURS AND FEES $26 710 $28,710 16 13E 182 12 $485 346 $45,565 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 22 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION GEOTECH-YEH Fr- Sr. Proj. Mgr. Proj. Erg,. Staff Engr. CAD Speck CAD Tech Lab. Sup. Lab Tech Direct Costs YEH Task Hb YEH Fees 1 PROJECT MANAGEMENT a. (1) PROJECT KICKOFF MEETING (1) (2) COORDINATION WITH OTHER AGENCIES b. (1) PROGRESS MEETINGS (10) (2) PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM MTGS, ETC. SUBTOTAL PROJECT MANAGEMENT HOURS u U 0 $E. 2 CONCEPTUAL DESIGN PHASE a. PROJECT DESIGN SURVEY (1) (a) PRESURVEY CONFERENCE (1) (b) RIGHT OF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY (4) & (6) UTILITY & POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7) ROWWOWNERSHIPMAP b. URBAN DESIGN (1) MEETI NG S AND CO O RD. (2) CONCEPTUAL BRIDGE DESIGNS (2 URBAN DESIGNS ALTERNATIVES) (3) PRELIMINARY & FINAL DESIGN c. STRUCTURE SELECTION REPORT (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) URBAN DESIGN CONCEPTS (d) CONCEPTUAL DESIGN REVIEW MEETING d. LARIMER CANAL NO.2 COMPANY COORDINATION e. PUBLIC OUTREACH SUBTOTAL CONCEPTUAL DESIGN HOURS U ii c ii _ C 8i; obi 3 PRELIMINARY DESIGN PHASE a URBAN DESIGN b. UTILITIES INVESTIGATION (1) OBTAIN UTILITY LOCATION MAPS & LOCATE (2) CONDUCT FIELD POTHOLES (48) & MEET WITH UTILITIES (3) COORD. RELOCATION INFO. W1 UTILITIES&PRELIM. DESIGN c. RIGHT-OF-WAY IMPACT PLANS :L h. ENVIRONMENTAL DOCUMENTATION (1) & (4) HAZ. MATES ISA (2) & (3) BIOLOGICAL, T&E, WETLANDS, NOXIOUS WEEDS, S84n, USACE PRECON. NOTIF. (5) SEC. 106,4(9 COMPLIANCE (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (a) (7) (b) (8) I. GEOTECHNICAL ENGINEERING (1) GEOTECHNICAL INVESTIGATION&REPORT j. DRAINAGE (1)(2) (3) (3) DRAINAGE ANALYSIS (4) PRELIM. DRAINAGE REPORT k. ROADWAY DESIGN I. CONSTRUCTION PHASING PLAN M, BRIDGE DESIGN 0, ESTIMATES P. SUBMITTALS q. FIELD INSPECTION REVIEW __ 9ki _ 4 4 4 32 $6,978 1E4 $2132_ SUBTOTAL PRELIMINARY DESIGN HOURSI 21 4G 32 4 4 4 = $6973 154 $22N22 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 23 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC I ASH DI S(:wPTION GEOTECH-YEH Princ Sr. Proj, Mgr. Prof Erg, Staff Engr. CPO Specl. CAD Tech Lab. Sup. Lab Tech Direct Costs TeH Flours YEH Fees J FINAL DESIGN a. ❑, UTILITIES RELOCATION PLANS (2) RIGHT-OF-WAY (a) ROW FINAL PLANS (b) ROWPVW REVISIONS (3) ROADWAY DESIGN (a) ROAD DESIGN, PLANS, SPECS (b) QUANTITIES (c) ROADWAY PS&E (4) BRIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (d) INDEPENDENT QUANTITY CHECK b. DRAINAGE AND SWIAP (1) DRAINAGE REPORT (2) SWMP PLANS (3) FINAL DRAINAGE PLANS C. URBAN DESIGN (INCLUDED ABOVE) d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE REVIEW (1) CONSTRUCTION PLAN PACKAGE SUBTOTAL FINAL DESIGN 0 0 0 0 $0 0 $0 TOTAL DESIGN HOURS 2 36 J'.i 4 a 4 32 $6.978 154 $22,822 5 CONSTRUCTION ENGINEERING SUPPORT a. PREBID CONFERENCE b PREBID QUESTIONS c BID REVIEW d PRECONSTRUCTION CONFERENCE e SHOP DRAWINGS f TECHNICAL ASSISTANCE DURING CONSTRUCTION g EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION SUBTOTAL CONSTRUCTION SERVICES 0 0 0 0 0 0�$6.97H8154 $0 TOTAL HOURS AND FEES 2 36 40 32 q 32 $22,822 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 24 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION URBAN DESIGN - BHA ENVIRONMENTAL - PINYON F'i �r �: FM LA Direct Costs BHA Task Hours BHA Fees Princ_ Eng,. Sr. Scient. Staff Engr. 1— Direct Casts- Mouse Pinyon Task Hours pinyon F- Lauren PE Karen IT Brian Partington �t 1 PROJECT MANAGEMENT a. (1j PROJECT KICKOFF MEETING (1) (2) COORDINATIONWTH OTHERAGENCIES b.(1) PROGRESSMEETINGS(10) PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM (2) MTGS, ETC- 4u 12 $368 - 5 _h4 - SUBTOTAL PROJECT MANAGEMENT HOURS -_ _- - - - -_ -_ 4'=1 - 12 $3681 - - 2 CONCEPTUAL DESIGN PHASE a. PROJECT DESIGN SURVEY (1) (a) PR ESURVEY CONFERENCE (1) (b) RIG HEOF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY (4) & (6) UTILITY & POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7) ROVWOWNERSHIP MAP b. URBAN DESIGN (1) MEETINGS AND COORD. (2) CONCEPTUAL BRIDGE DESIGNS (2 URBAN DESIGNS ALTERNATIVES) (3) PRELIMINARY&FINAL DESIGN c. STRUCTURE SELECTION REPORT (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) URBAN DESIGN CONCEPTS (d) CONCEPTUAL DESIGN REVIEW MEETING d. LARIMER CANAL NO.2 COMPANY COORDINATION e PUBLIC OUTREACH - I0 4 16 $1.602 - 13 27 45 $4,131 -_ -- 55 $2,n 81 $7410 SUBTOTAL CONCEPTUAL DESIGN HOURS 13 43 -__ $250 142 $13PI 4:1 111_11 0 0 $0 I-_ 3 PRELIMINARY DESIGN PHASE URBAN DESIGN b. UTILITIES INVESTIGATION (1) OBTAIN UTILITY LOCATION MAPS &LOCATE (2) CONDUCT FIELD POTHOLES (48) & MEET WITH UTILITIES (3) COORD. RELOCATION INFO. WI UTILITIES&PRELIM. DESIGN c. RIGHT-OF-WAY IMPACT PLANS d.-h. ENVIRONMENTAL DOCUMENTATION (1) & (4) KAZ. MATLS ISA (2)&(3) BIOLOGICAL, T&E, WETLANDS, NOXIO US WEEDS, S640, USACE PRECON. NOTIF. (5) SEC. 106P 4(0 COMPLIANCE (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (a) 17) (b) (N 9NI,4APF48L�4B4�€RM4Ta i. GEOTECHNICAL ENGINEERING (1) GEOTECFNICAL INVESTIGATION&REPORT j. DRAINAGE (2) (3) DRAINAGAN E ALYSIS (4) PRELIM. DRAINAGE REPORT k. ROADWAY DESIGN I. CONSTRUCTION PHASING PLAN m. BRIDGE DESIGN o. ESTIMATES P. SUBMITTALS q. FIELD INSPECTION REVIEW I 32 $371 35 $4,525 4 66 $356 70 $8,500 4 54 $171 58 $6,947 SUBTOTAL PRELIMINARY DESIGN HOURS 01 Ul 0 $01 111sol I I 111 I52 0 $898 163 $19,972 ii Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 25 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION URBAN DESIGN - BHA ENVIRONMENTAL - PINYON Prin,. PM LA Direct ,.,Is BHA Task Hours BHA Fees Princ. Ergu Sr.Scient, SI IIEngr. Ad min Direct Casts- Mouse Rnyon Task Hours Rn yoi Fees Lauren Evans, PE Karen Hadley &ian Partington 4 FINAL DESIGN a. (1) UTILITIES RELOCATION PLANS (2) RIGHT-OF-WAY (a) ROW FINAL PLANS (b) ROW PLAN REVISIONS (3) ROADWAY DESIGN (a) ROAD DESIGN, PLANS, SPECS (b) QUANTITIES (c) ROADWAY PS&E (4) 13RIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (d) INDEPENDENT QUANTITY CHECK b. DRAINAGEAND SWAP (1) DRAINAGE REPORT (2) SWMP PLANS (3) FINAL DRAINAGE PLANS c. URBAN DESI GN (INCLUDED ABOVE) d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE RENEW (1) CONSTRUCTION PLAN PACKAGE SUBTOTAL FINAL DESIGN 0 0 0 $0 0 $0 0 0 0 0 $0 0 $0 TOTAL DESIGN HOURS 13 43 BE $250 142 $13,143 1 50 152 12 $1250 215 $27236 5 CONSTRUCTION ENGINEERING SUPPORT PREBIDCONFERENCE b PREBID QUESTIONS BID REVIEW d PRECONSTRUCTION CONFERENCE s SHOP DRAWINGS T TECHNICAL ASSISTANCE DURING CONSTRUCTION g EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION 2 10 10 30 $2694 SUBTOTAL CONSTRUCTION SERMCESI 21 101 18 i 30 $2694 0 $0 TOTAL HOURS AND FEES 15 53 104 $250 172 $15,837 1 1 _= 152 12 $1 250 215 $27,236 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 26 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION ALL FIRMS TOTAL TASK HOURS TOTAL FEES 1 PROJECT MANAGEMENT a. (1) PROJECT KICKOFF MEETING (1) (2) COORDINATION WITH OTHER AGENCIES b. (1) PROGRESS MEETINGS(10) (2) PROJECT MANAGEMENT (MONTHLY REPORTS, TEAM MTGS.ETC. 3 $536 5 $405 16 $3,213 116 $16,536 SUBTOTAL PROJECT MANAGEMENT HOURS 140 $20,690 2 CONCEPTUAL DESIGN PHASE a. PROJECT DESIGN SURVEY (1) (a) PRESURVEY CONFERENCE (1) (b) RIGHT OF ENTRY PERMITS (2) ESTABLISH PROJECT CONTROL (3) TOPOGRAPHIC SURVEY (4) & (b) UTILITY & POTHOLE SURVEY (SEE 3.b) (5) HYDRAULIC SURVEY (7) ROW/OWNERSHIPMAP b. URBAN DESIGN (1) MEETINGS AND COORD. CONCEPTUAL BRIDGE DESIGNS (2 URBAN DESIGNS (2) ALTERNATIVES) (3) PRELIMINARY & FINAL DESIGN c. STRUCTURE SELECTION REPORT (a) CONCEPTUAL DRAWINGS (b) CONCEPTUAL CALCULATIONS (c) URBAN DESIGN CONCEPTS (d) CONCEPTUAL DESIGN REVIEW MEETING d. LARIMER CANAL NO.2 COMPANY COORDINATION e. PUBLIC OUTREACH 1 $153 2 $162 18 $1908 60 $5,718 90 $B 433 17 $1,657 17 $1 449 9 $853 8 $988 8 $1 224 48 $4,384 SUBTOTAL CONCEPTUAL DESIGN "OURS 278 $27,429 3 PRELIMINARY DESIGN PHASE a URBAN DESIGN b. UTILITIES INVESTIGATION (1) OBTAIN UTILITY LOCATION MAPS &LOCATE (2) CONDUCT FIELD POTHOLES (48) & MEET WITH UTILITIES (3) COORD. RELOCATION INFO. W! UTILITIES &PRELIM. DESIGN C. RIGHT-OF-WAY IMPACT PLANS d.-h. ENVIRONMENTAL DOCUMENTATION (1) & (4) HAZ. MATLS ISA (2) & (3) BIOLOGICAL, T&E, WETLANDS, NOXIOUS WEEDS, SM. USACE PRECON. NOTIF. (5) SEC. 106, 4M COMPLIANCE (6) NOXIOUS WEEDS INTEGRATED MANAGEMENT PLAN (7) (a) (7) (b) __._.. __-----—_-------- (8) 1. GEOTECHNICAL ENGINEERING (1) GEOTECHNICAL INVESTIGATION&REPORT j. DRAINAGE (1) (2) (3) DRAI NAG E ANALYSIS (4) PRELIM. DRAINAGE REPORT k. ROADWAY DESIGN I. CONSTRUCTION PHASING PLAN M. BRIDGE DESIGN a. ESTIMATES P. SUBMITTALS q. FIELD INSPECTION REVIEW 5 $529 3 $341 9 $29,615 y $905 4 $494 35 $4,525 70 $8,500 58 $6,947 156 $23056 138 $1 B,193 10 $1 058 36 $3516 12 $1260 7 $731 8 $1 013 SUBTOTAL PRELIMINARY DESIGN HOUR 560 1 $100,683 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 27 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC TASK DESCRIPTION ALL FIRMS TOTAL TASK HOURS TOTAL FEES 4 FINAL DESIGN a. (1) UTILITIES RELOCATIONPLANS (2) RIGHT-OF-WAY (a) ROWFINALPLANS (b) ROWPLAN REVISIONS (3) ROADWAY DESIGN (a) ROAD DESIGN, PLANS, SPECS (b) QUANTITIES (c) ROADWAY PS&E (4) BRIDGE FINAL DESIGN (a) STRUCTURE FINAL DESIGN, PLANS, SPECS (b) QUANTITIES (c) INDEPENDENT DESIGN CHECK (d) INDEPENDENT QUANTITY CHECK b. DRAINAGEAND SWMP (1) DRAINAGE REPORT (2) S✓VMP PLANS (3) FINAL DRAINAGE PLANS c. URBAN DESIGN (INCLUDED ABOVE) d. PLAN PREPARATION FOR FINAL OFFICE REVIEW e. FINAL OFFICE REVIEW (1) CONSTRUCTION PLAN PACKAGE 15 $1,391 4 $494 139 $17,655 2 $306 204 $18528 34 $2,896 92 $12,18B 34 $3,314 5 $529 33 $3 057 1 $153 17 $1,697 68 $9,009 SUBTOTAL FINAL DESIGN 648 $71,219 TOTAL DESIGN HOURS 1,626 $220,021 5 CONSTRUCTION ENGINEERING SUPPORT a. PREBID CONFERENCE b PREBID QUESTIONS c BID REVIEW d PRECONSTRUCTION CONFERENCE e SHOP DRAWINGS f TECHNICAL ASSISTANCE DURING CONSTRUCTION 9 EVALUATION OF DESIGN CHANGE REQUESTS h AS -BUILT PLAN GENERATION 9 $1,129 6 $630 1 $153 8 $976 70 $7,066 96 $10,784 12 $1,260 30 $2926 SUBTOTAL CONSTRUCTION SERVICE 232 $24,944 TOTAL HOURS AND FEES 1,868 $244,966 Professional Services Agreement 8293 Drake Bridge Replacement Design Services Page 28 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC EXHIBIT C 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 8293 Drake Bridge Replacement Design Services Page 29 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC EXHIBIT D 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 8293 Drake Bridge Replacement Design Services Page 30 of 30 DocuSign Envelope ID: 22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC KDGENG ACORD.. CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDNYYY) 6/20/2016 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: B the certificate holder is an ADDITIONAL INSURED, the policy(iss) 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: USI Colorado, LLC Prof Liab PHONE 800 873-8500 WCNo Est AK No P.O. Box 7050 E-MAIL ADDRESS: Englewood, CO 80155 INSURER AFFORDING COVERAGE NAIL • 800 873-8500 INSURER A: Sentinel Insurance Company Ltd. 11000 INSURED INSURERS: Hartford Ins Co of the Midwest 37478 KDG Engineering, LLC INSURER C: Travelers Casualty and Surety C 19038 3500 S. Wadsworth Blvd., Ste. 400 Lakewood, CO 80235-0337 INSURER D : INSURER E 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 CONTRACTOR 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. LMTR TYPE OF INSURANCE ADOL IS UB POLICY NUMBER MMIOD CY E� MN� OIP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx OCCUR X X I 34SBWIS4819 I 12/15/2015 12/15/2016 OCCURRENCE E 1 000 000 pEAACCHH PREMISES Ea omrrDence $1 OOO O00 MED EXP (Any one person) $10 000 PERSONAL B ADV INJURY E1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � ECT LOC OTHER GENERAL AGGREGATE E2,000,000 PRODUCTS -COMP/oP AGG E2 OOO,OOO $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X AUTOS NON -OWNED JX X X USBWIS4819 1211512015 12/15/201 COEe eeD SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per acddent) $ Persicadlint)DAMAGE $ E A X UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE X X 34SBWIS4819 211512015 12/1512016 EACH OCCURRENCE $1000000 N AGGREGATE $1000000 DED I X RETENTION 310000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILRY ANY PROPRIETOR/PARTNER/EXECUTNE — N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below NIA X UWEGLV0499 12/15/2015 1211512016 X JPERTUT,STA I JOTH- FR E.L. EACH ACCIDENT $1 OOO 000 E.L. DISEASE - EA EMPLOYEE $1 OOO 0W E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability Claims Made 106214026 12/15/2015 12/15/201 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Drake Bridge Replacement Project. As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under (See Attached Descriptions) CI of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 580 Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 18061123/M 16848178 SJ PZP ID:22667F1B-8A3C-44ED-8C29-5F6BFBE60AAC DESCRIPTIONS (Continued from Page 1) Automobile Liability; and Additional Insureds under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella/Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. SAGITTA 25.3 (2014101) 2 of 2 #SlB061123IM16848178