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CONTRACT - RFP - 9901 PARKS STRATEGIC TRAILS PLAN
Official Purchasing Document Last updated 1/2023 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 LOGAN SIMPSON DESIGN INC., a(n) Colorado corporation, hereinafter referred to as the "Professional" or “Logan Simpson”. 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 eleven (11) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The City may, at any time during the term of the Agreement, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page and incorporated herein by this reference. 2.Contract Period. This Agreement shall commence January 15, 2024, and shall continue in full force and effect until June 30, 2025, 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 three and half (3.5) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 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 ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Professional shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Professional shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Professional's sole right and remedy for such termination. 4.Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Professional Services Agreement RFP 9901 Strategic Trails Plan Page 1 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 Professional: City: Copy to: Logan Simpson Design Inc. Attn: Jeremy Call 213 Linden Street Fort Collins, CO 80524 jcall@logansimpson.com City of Fort Collins Attn: Dave Kemp PO Box 580 Fort Collins, CO 80522 dakemp@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com Logan Simpson Attn: Accounting Dept. 51 West Third Street, Suite 450 Tempe, Arizona 85281 acctdept@logansimpso n.com 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawing s and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of two hundred eighty three thousand one hundred seventeen dollars ($283,117.00). All such fees and costs shall not exceed two hundred eighty three thousand one hundred seventeen dollars ($283,117.00) in accordance with Exhibit B, consisting of two (2) pages, attached hereto and incorporated herein. 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 hereto and upon the City's approval of the Professional's actual 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. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is Professional Services Agreement RFP 9901 Strategic Trails Plan Page 2 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 7. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. 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 Dave Kemp who has been designated as the Project Manager for this Agreement. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment Professional Services Agreement RFP 9901 Strategic Trails Plan Page 3 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 request. 12. 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. 13. Subcontractors/subconsultants. The Professional may not subcontract any of the Work except for subcontractors 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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the Work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractor/subconsultants performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit D, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. 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. 16. 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. 17. 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 Professional Services Agreement RFP 9901 Strategic Trails Plan Page 4 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 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 themselves 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. 18. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute . This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary author ity to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. 20. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual ori entation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This Professional Services Agreement RFP 9901 Strategic Trails Plan Page 5 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 requirement applies to all third-party vendors and their subcontractor/subconsultants at every tier. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. [Signature Page Follows] Professional Services Agreement RFP 9901 Strategic Trails Plan Page 6 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: LOGAN SIMPSON DESIGN INC. By: Printed: Title: Date: Professional Services Agreement RFP 9901 Strategic Trails Plan Page 7 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Jeremy Call Principal Environmental Planner 1/22/2024 Assistant City Attorney ll 1/23/2024 Chief Deputy City Clerk Official Purchasing Document Last updated 1/2023 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins (City) has selected Logan Simpson to update the 2013 Paved Recreational Trail Master Plan, which shall be referred to as the Strategic Trails Plan (STP). The Professional is tasked with developing and updating a comprehensive plan with specific elements that will provide direction for the City’s paved trail network and program. THE CITY OF FORT COLLINS STRATEGIC TRAILS PLAN Community Working Group The Community Working Group will guide the direction and development of the Strategic Trails Plan (STP). The Community Working Group will serve as a sounding board for ideas and recommendations, identify key issues and priorities, review milestone delivera bles, and extend the reach of public involvement through their networks as champions for the STP. Up to four Community Working Group meetings will be facilitated by the Logan Simpson team either as hybrid, or in-person meetings to ensure ease of participation for members. The Professional anticipates that the first meeting will review project goals and objectives, and evaluate connectivity needs, opportunities, known gaps, and the overall future vision for paved trails. Subsequent meetings will be held at key project milestones: reviewing results of the gap, level of service (LOS), ditch compatibility, Design Construction Standards, and access analyses; considering future alignments and connections; project prioritization; and draft plan presentation. The composition of the Community Working Group will be led by the City Project Manager and should ensure representation from a broad cross-section of trail users and diverse populations. The Logan Simpson team will prepare agendas and materials, facilitate the meetings, and track action items. The Professional will rely on the City Project Manager to assist with meeting notes and assume that the City’s project manager will manage one-on-one communications with Community Working Group members and organize the meeting times and locations. Deliverables: • Meeting coordination & facilitation • Meeting agendas and materials Community Engagement Logan Simpson is adept at designing and facilitating creative, meaningful, and engaging community outreach programs. Variety is the cornerstone of the Professionals approach to engagement, and design strategies that offer multiple modes, locations, and sty les of engagement opportunities to reach as many community members as possible. Community engagement will take place throughout the duration of the plan and will provide a foundation for understanding community values, setting goals, and developing recommendations. The Logan Simpson team will provide summaries of engagement results after each outreach phase. Community Engagement Plan Logan Simpson will develop a detailed Community Engagement Plan to direct the public involvement activities that will inform the STP. The engagement plan provides a framework for meaningful and inclusive community engagement early and frequently throughout the planning process. The engagement plan will address the following: 1. Statement of Purpose Professional Services Agreement RFP 9901 Strategic Trails Plan Page 8 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 2. Roles and Responsibilities 3. Engagement Tracking 4. Visual Brand & Theme 5. Plan Promotional Strategies 6. Outreach Strategies including specific approach to reach underrepresented communities. 7. Online Engagement 8. Public Involvement Stages 9. Public Engagement Schedule Reaching Underrepresented Communities Our responsibility is to ensure that minorities, communities of color, and vulnerable populations such as immigrants, seniors, youth, persons with disabilities, persons with limited English- speaking proficiency, and low-income families are included in the planning process. Through every project, the Professional will strive to eliminate barriers to participation by working with the City Project Manager to identify opportunities for culturally sensitive engagement strategies such as working with formal or informal community liaisons or ambassadors and establishing a stipend from the City for their community engagement services. Logan Simpson will coordinate with the City’s translation provider on all print and digital materials. Logan Simpson also recommends a Spanish-first event with Spanish interpretation, provided by the City at all other public meetings. Project Brand and Theme Logan Simpson will coordinate with the Parks & Recreation Communications Team liaison and will develop a visual brand (iconography) for the project that follows the City’s official color palette and visual style (brand guidelines). The project brand will provide a recognizable identity for the planning process to help promote public engagement and provide a cohesive visual style for all work products and the final plan document. Logan Simpson will develop at least three initial logo concepts and provide two rounds of revisions to the selected concept. Project Promotion Logan Simpson will work with the City’s Project Manager and Parks & Recreation Communication Team liaison to develop promotional content for announcing the project and promoting engagement via the project page on Fort Collins’ Our City site and other official communication channels. The Logan Simpson team will design all print and digital promotional materials such as flyers, posters, and social media posts, but will rely on the Parks & Recreation Communications Team liaison for print production and posting of all printed materials and for managing user interaction through official City communication channels, including social media. Promotional materials will be limited to two rounds of revisions per piece of collateral. Project Website Logan Simpson will coordinate with the Parks & Recreation Communications Team liaison and STP Project Manager to develop content for the project the project page on Fort Collins’ Our City site for the duration of the project. The project website will serve as an online hub of information and forum for engagement. The site functions as a key source of information on upcoming engagement opportunities and a venue for interaction through tools such as quick poll and idea boards. Interested residents can subscribe for updates that will include opportunities to participate in the planning effort, key reports and deliverables, public outreach results, and the draft plan. Professional Services Agreement RFP 9901 Strategic Trails Plan Page 9 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 Public Meetings The Logan Simpson team will facilitate up to four public meetings that will be proposed take place at critical points in the process: 1. At project-start up to share goals and objectives, gauge community needs, preferences, challenges, and satisfaction with paved trails. 2. After initial public engagement, the Professional will propose a community-wide Fort Collins Trails Summit that will convene a panel of experts to address some of the more pertinent and challenging topics related to the next phase of paved trail development. 3. Mid-way through the project to evaluate proposed alignments, new connections, amenities, and recommendations and; 4. To review the completed draft plan. FORT COLLINS TRAILS SUMMIT This community-wide in-person event will convene local and regional municipal staff, stakeholder organizations and members of the public to discuss current and future trail projects that will foster the growth of trail connectivity between communities in N orthern Colorado. The event will feature presentations by local and regional trail planning, conservation, design, and maintenance experts, as well as a keynote address from a national leader in trail development, management, and maintenance. The Logan Simpson team will work closely with the City’s project manager to identify all speakers and will work closely with the City’s Project Management Team (PMT) to plan, develop and execute the event. The Trails Summit may include an “exhibit hall” with trail vendors, non-profit trail partners, food, and beverages and breakout sessions to discuss specific issues and opportunities related to regional trail planning. The fee associated with this event includes planning and coordination time, speaker fees and travel for in-state panelists, and day-of event production by Logan Simpson. Expenses such as venue, food, beverages, and out-of-state speaker honorarium and travel fees will be the responsibility of the City or event sponsors, should the PMT seek sponsorship. L ogan Simpon has successfully produced similar events for its comprehensive planning efforts and Project Manager, Taylor Broyhill has successfully hosted Trails Summits in other communities. Logan Simpson will develop materials, engagement activities, and facilitate these events with assistance from the PMT. The professional will work with the project manager to define the preferred approach by developing a public engagement plan as previously described. The City Project Manager will arrange meeting locations and lead event promotion efforts through the City’s official communication channels. Neighborhood Meetings (seven) The Logan Simpson team will facilitate up to seven neighborhood meetings throughout the planning process. The first series of neighborhood meetings should take place at a project start up to gauge neighborhood-specific needs, challenges, and future vision for paved trails in their area. A second series of neighborhood meetings should be scheduled during development of preliminary routes and recommendations to evaluate neighborhood support for proposed solutions and alignments. The Professional recommends that two of the seven neighborhood meeting be Spanish first meetings and should be held in Latiné neighborhoods at their preferred location/date/time. The PMT will coordinate with City’s Equity Office to further plan this focused outreach. The City will be responsible for the cost of translation services independently from this contract. Board Meetings The Logan Simpson team will support the STP Project Manager with preparation of materials for an update to the Parks and Recreation Board and Active Modes Advisory Board in the Professional Services Agreement RFP 9901 Strategic Trails Plan Page 10 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 first/second quarter of the planning process and again to present the draft plan targeting the fourth quarter, as identified in the Request for Proposals, Section B. Logan Simpson will prepare materials in advance of the meetings. City Council The Logan Simpson team will support the STP Project Manager with preparation of a written project update to City Council in the first quarter of the planning process. The Logan Simpson team will prepare materials for presenting the draft plan to the City Council for review, targeting the fourth quarter, and subsequently, for adoption, targeted to occur in first quarter 2025 after all final comments have been addressed. Interactive Map The Logan Simpson team will develop an online interactive map through ArcGIS Online or Granicus (Bang the Table) to facilitate the collection of geolocated public comments and to share proposed alignments and connections with the community through an interactive and engaging experience. Interactive mapping provides respondents with the opportunity to learn about site context and post comments or add new ideas to the map. Logan Simpson has expert-level ArcGIS professionals that will develop an interactive public data platform and commenting application to collect public input at two points in process: 1. At project start-up to crowd-source information on the location of existing trail deficiencies, safety concerns, user conflicts, and gaps as well as preferred locations for new connections, amenities, and access points. Comments will be organized and summarized according to topics such as connectivity, safety, maintenance, etc. 2. To solicit feedback on the location of proposed new alignments, trail access points, trailheads, and other amenities The application is fully customizable and can be integrated into the City’s existing ArcGIS Online platform or hosted by Logan Simpson. Alternatively, the Bang the Table/Engagement HQ platform also offers an interactive map tool that allows visitors to provide geolocated comments. During project start-up, the Professional will explore the pros and cons of working with ArcGIS Online or Bang the Table Engagement HQ to determine how the PMT would like to move forward. Logan Simpson assumes the City’s existing Granicus/Engagement HQ and ArcGIS Online licenses will suffice for this project. Deliverables • Community engagement plan • All meeting and focus group agendas, presentation, and handout materials. • Website and promotional content • Project logo and visual theme • ArcGIS online or Bang the Table interactive map. • Fort Collins Trails Summit Event Production • Public Engagement results summaries Existing Conditions and Plan Congruence Review of Existing Plans, Reports, and Studies Logan Simpson will perform extensive research and review of existing local and regional plans, maps, and policy initiatives that have implications for the STP. The existing policy framework in critical documents, such as the Active Modes Plan, Re-Create Parks and Recreation Plan, Bicycle Wayfinding Plan, Grade Separated Crossings Guidelines, the Bicycle and Pedestrian Grade Separated Crossing Prioritization Study (led by Assistant Project Manager, Nick VanderKwaak while at another firm), the City’s Vision Zero policy, Our Climate Future, City Plan, 2013 Paced Recreational Trails Master Plan, identified Regional Active Transportation Professional Services Agreement RFP 9901 Strategic Trails Plan Page 11 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 Corridors, utilities plans, stormwater plans, and the Natural Areas plan that Logan Simpson natural areas planner, Kristina Kachur, is currently leading the plan update. Inventory of Existing Trails and Amenities The inventory of existing trails and amenities will begin with the City’s existing Geographic Information Systems (GIS) data, maps, and plans to clearly define the public paved trail network that is the focus of this plan, including parallel soft surface trails within the paved trail corridor. Desktop analysis will involve comparing trail standards as documented in existing plans (such as surface and width) to aerial conditions. Fort Collins trail maintenance crew chiefs will support this effort by identifying the locations of known, but unmapped trails and trail amenities. Logan Simpson will digitize the unmapped trails and amenities identified by crew chiefs for incorporation into the City’s trails geodatabase. The Logan Simpson team will rely on the City Project manager to provide GIS data necessary to complete a high-level inventory so the Logan Simpson team can focus physical inventory on targeted locations that require on-site data collection. These are areas where inventory has never occurred or are new additions to the paved trail system since the last inventory was completed. In locations where inventory is inconclusive or incomplete through desktop analysis and crew chief knowledge, the Logan Simpson team will use Global Positioning System (GPS) field updates to the locations of existing trails and trail amenities. Trail amenities to be mapped as described in this section include wayside gathering areas, interpretive and wayfinding signs, trailheads and access points, and bicycle repair (fix-it) stations and kiosks. During inventory of existing trails, Logan Simpson will update the City’s GIS trail polyline attributes to document the following trail characteristics: • Trail name • Type (regional, spur, etc.) • Surface/Material • Width • Ownership status: fee simple or easement or maintenance agreement, etc. as determined through parcel data, trail easements, and institutional knowledge of the City’s trail maintenance crew chiefs Maintenance Audit of Existing Trails Concurrent with the inventory task described above, our team will conduct a maintenance audit to document observed deficiencies, pavement conditions, known user conflicts, barriers to access and other known issues with geo-tagged waypoints. This effort will also be conducted with a desktop analysis of aerial photography, enhanced by Fort Collins crew chief knowledge of known maintenance issues and challenges. In locations where trail condition is inconclusive or incomplete through desktop analysis and crew chief knowledge, the consultant team will use Global Positioning System (GPS) field updates to the locations of maintenance issues and challenges. Safety and Accessibility Review During the inventory and maintenance audit, Logan Simpson will also perform an accessibility review of major trails and trailheads to identify and evaluate physical barriers to walkability, bicycle access, accessibility for persons with mobility challenges, and potential threats to public health and safety. This is a preliminary analysis of existing trail facilities based on the Professionals opinion and understanding of the Americans with Disabilities Act (ADA), USDA Accessibility Guidebook for Recreation and Trails, AASHTO Guide for the Development of Bicycle Facilities, & Crime Prevention Through Environmental Design (CPTED) principles, where applicable. The outcome will be a catalogue of observed deficiencies and locations that warrant additional study to fully document the deficiency and identify improvements for compliance. Locations of Professional Services Agreement RFP 9901 Strategic Trails Plan Page 12 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 deficiencies will be geolocated and included in the Maintenance Audit GIS layer. Opportunities and Challenges Map After post-processing of inventory and assessment data, including the safety and accessibility review, Logan Simpson will summarize the results into a compelling map as a public -facing report that highlights major opportunities and challenges within and surrounding the City’s trails. This map will set the stage for identifying potential trail connectivity alternatives, new access points, trail realignments and types, user amenities, access-control options, trailhead improvements, at-grade and grade separated crossing improvements, and other enhancements. The exhibits produced during this task will be published as public reports and used during community engagement. Deliverables • Summary of Relevant Plans and Studies • Field Maps • Updated Trails Inventory GIS Layer • Updated Trail Amenities Inventory GIS Layer • Trail Condition/Maintenance Audit GIS Layer, including safety and accessibility review. • Opportunities and Challenges Map(s), Trail Gaps and Future Trail Analysis Gap Analysis Logan Simpsons methodology for the trail gap analysis begins with the review of relevant existing plans, reports, and studies as previously discussed. This includes reconciling the City’s existing GIS data, updated during the inventory phase, with incomple te projects in the 2013 Paved Recreational Trails Master Plan and recommendations from the Re-Create Parks and Recreation Master Plan. The Professionals experienced trail planners will also identify the need for any new connections that emerge from community engagement, the level of service and equity analyses, observed social trails, and an examination of connectivity to key community destinations such as existing or planned schools, underrepresented communities, planned and future residential development, recreation facilities, commercial nodes, natural areas, and adjacent municipalities. Preliminary Routes & Field Verification The gap analysis will result in a preliminary routes map that will also identify the location of crossings and possible need for bridges or culverts. These routes will be field-verified for viability and revised based on the results of ground-truthing, irrigation ditch compatibility, and any additional landowner outreach conducted by City Project Manager. After field verification, the preliminary routes map will be the subject of a second round of neighborhood meetings and a public meeting. Proposed alignments will be further refined based on community feedback to produce the final STP map. Level of Service Analysis Level of service will be evaluated through three lenses: equity, population-based accessibility, and quality of service provided to various trail users based on usage. Population-based Standards Population-based LOS guidelines are targets that define the quantity of trail miles necessary to serve a City’s population. These are based on regional, statewide, or nationally accepted parks and recreation standards, as well as the Logan Simpson team’s professional experience and benchmarking with peer cities. The Logan Simpson team will review and update the population- based standard as identified in the Re-Create Parks and Recreation Master Plan to ensure it is Professional Services Agreement RFP 9901 Strategic Trails Plan Page 13 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 an appropriate target for the City. The key factors that will be considered are: • Current Level of Service • Population growth projections • Current LOS compared to benchmark peer agencies as identified in the Re-Create Parks and Recreation Master Plan. Logan Simpson will work with the PMT to determine if additional benchmarks are needed. Quantitative Level of Service Fehr & Peers will utilize FHWA tools to refine a methodology customized to City of Fort Collins that calculates a quantitative Level of Service (LOS) metric that incorporates trail width, surface type, grade changes, and user volumes. A comprehensive analysis of all existing and future trails will include an assessment of current and future demand. This evaluation will help to identify potential improvements and prioritize most needed improvements to target areas that have more trail users. Effectively serving user groups based on volume and type (cyclists, pedestrians, micro- and e-mobility such as e-bikes, e-scooters, and one-wheels) will be an important element for ongoing management and maintenance of the trail system. Level of Service can and will change over time. The Logan Simpson team will evaluate existing LOS to establish guidelines for the future, using a combination of local, regional, and national resources, and: • Projected participation trends for trails • Ability for the City to acquire necessary land to develop new trails and trailheads. • Community and key partner needs prioritization as identified through this planning process. • Ability for the city to financially sustain an expanding high-quality trail system. Equity Analysis Logan Simpson will consider socioeconomic factors to advance the understanding of where paved trails are needed based not just on geographic distribution, but on other factors that demonstrate need such as rates of chronic disease, social vulnerability, de velopment density, even history of investment or miles of trail per City quadrant or City Council District, depending on data availability. The PMT will consider context-specific factors and barriers that are endemic to Fort Collins and identify specific factors for inclusion in the analysis that are based on previous efforts of the Equity Office, Housing Study, and the concurrent Natural Areas Framework Plan. Logan Simpson will rely on existing data sets that are either publicly available or provided by the City. Once the selected factors have been chosen and incorporated into the equity model, Logan Simpson can re-run the model one time if the selected factors change. The results of this analysis will allow the City of Fort Collins to understand where it should prioritize capital investment in trail improvements or new trail development. This analysis is a helpful tool for project prioritization by helping the PMT and City leaders understand which projects are not only shovel-ready, but shovel-worthy. Deliverables • Preliminary Routes Map with crossings and bridges/culverts • Equity Analysis Model and Map • Population-based LOS Summary Report and Updated Standard • Qualitative Level of Service Analysis Report Professional Services Agreement RFP 9901 Strategic Trails Plan Page 14 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 Funding and Implementation Strategies Estimates of Probable Cost and Capital Improvement Plan The Professional will prepare estimates of probable capital costs for newly identified paved trail projects to create a framework for evaluating projects according to their cost, tradeoffs, benefits, and funding feasibility. New projects and costs, along with inclusion of existing unfunded trail projects, will directly inform development of the Department’s 10-year Capital Improvement Plan for new construction and Infrastructure Replacement Program for lifecycle maintenance and upgrades of existing trails. Maintenance of current assets and their periodic lifecycle replacement will be balanced with the development of new trails. Funding Strategies The plan will identify specific, viable funding options that are proven to be successful in the Front Range and nationally. The Logan Simpson team will also work with the PMT to identify and evaluate recommendations for existing funding sources and estimate projected funding for the next 10 years. This estimate, when compared against the total cost of the 10-year CIP will reveal the potential capital funding gap, if such a gap exists. This will include evaluating the possibility of incorporating trail and underpass construction into the City’s existing Transportation Capital Expansion Fund (TCEF) or create a similar funding mechanism. Development Fee Review Logan Simpson’s development code specialists will review the City’s code as it relates to development impact fees in order to identify amendments that may be necessary to optimize the City’s development code to take advantage of development trends and market conditions that will provide necessary land or easements and a sustainable source of revenue for the Department. Grant-readiness The Logan Simpson team is experienced in evaluating and documenting compelling benefits of new and improved trails that enhance connectivity and recreational opportunities. Nick VanderKwaak worked with City of Fort Collins to develop a successful GOCO grant to fund construction of the missing links of the Poudre Trail throughout Larimer County, and he will maintain a lens of grant-readiness when it comes to project development of the improvements identified in the Strategic Trails Plan. Other Colorado based grant programs and discretionary federal funding available through the Infrastructure Jobs and Investment Act can be explored to identify and apply for implementation funding. Prioritizing grant funding for new trails that would provide the most competitive ranking within grant programs will improve the success rate of grant applications. Prioritization Criteria Equipped with reliable cost estimates and an understanding of service gaps, Logan Simpson will work with the PMT and the Community Working Group to prioritize projects according to agreed-upon criteria. This will result in a prioritized list of projects, but will also equip staff, advisory boards, and elected officials with the ability to re-evaluate priorities as needs arise and opportunities are presented. These criteria will include considerations for: • Health, Safety, Welfare • Importance to the Community • Geographic Equity • Strategic Partnerships • Urgent Needs • Ease of Implementation/Timeframe • Economic Impact Professional Services Agreement RFP 9901 Strategic Trails Plan Page 15 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 • Completion of an Existing Project • Construction and Maintenance Costs Based on results of the project prioritization activities and conversations, the Logan Simpson team will propose project phasing for short range (1-3 years), mid-range (4-6 years), long range (7-10 years) intervals. Deliverables • Estimates of Probable Cost • Infrastructure Replacement Projects List • Capital Improvements Plan • Funding Strategies Report • Development Fee Assessment Results • Prioritization Criteria Trail Design and Construction Standards with Amenities The Logan Simpson team will review The City’s existing design and construction standards and provide recommendations to align with growth in population and desires for trail infrastructure. Standard Details Developing a series of typical trail sections will help to advance all trail projects by sizing desired elements appropriately to the type of trail. Basic archetypes such as regional trails, side paths adjacent to streets, and minor trails will be included, and the Professional will also develop a typical at grade and grade separated crossing element. At-grade Crossings At grade-Crossings, while momentarily interrupting the seamless off-street connection for trail users, can offer a secure and intuitive experience if thoughtfully designed. Recommended enhancements for controlled crossings, such as Rapid Rectangular Flashing Beacons (RRFBs), Toucan crossings, and Pedestrian Hybrid Beacons (PHB), will be tailored to align with the traffic volumes and characteristics of the intersecting roads. Appropriate high visibility crossing improvements and potential median refuge islands will also be included as potential elements in an at grade crossing. Fehr & Peers will undertake a comprehensive assessment of at-grade improvements, considering the entire multimodal network and strategically integrating insights learned from working on the Transportation Master Plan. Grade Separated Crossings When funded and located in an area that has space for it, grade separated crossings offer an improved user experience and also enhance safety for trail users by eliminating a road (or railroad) crossing. Grade separated crossings all have unique elements, and the Professional will develop a series of crossings that feature desired and minimum heights and widths depending on if the crossing is a road, water feature, or railroad. This will also include guidance as to choosing an underpass or overpass for varying locations. As the author of the Fort Collins Grade Separated Prioritization Study, Fehr & Peers lead planner, Nick VanderKwaak, included conceptual design for top priority locations to refine the feasibility and cost estimates for crossing locations. the Professional will refine the prioritization study to align with the strategic trails plan. Trail Experience Design features and unique trailside amenities such as restroom facilities, water, shade structures and public art can create visual interest while simultaneously meeting basic needs. Trail features like jump lines, bicycle skills elements, a meditation la byrinth, or hammock Professional Services Agreement RFP 9901 Strategic Trails Plan Page 16 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 garden, create iconic destinations that define the user experience. Logan Simpson will also identify locations for wayfinding signs along new alignments in four categories consistent with the 2015 Bicycle Wayfinding Plan: decision sign, confirmation sign, turn sign, and pavement marking. Deliverables • Trail Type Cross-Sections • At-grade Crossing Standards and Specifications • Grade Separated Crossings Cost-sharing strategy. • Recommendations for the Grade Separated Crossings Guidelines • Recommendations for the Bicycle and Pedestrian Grade Separated Crossing Prioritization Study Irrigation Ditch Compatibility A critical step in the alternative’s development process will be to evaluate the feasibility of locating preliminary routes along or across barriers such as ditches, high pressure pipelines, and railroads. Logan Simpson’s approach will be guided by City Project Manager relationships with irrigation company and water district managers and the legal and engineering advisors. The Professional will begin with a stakeholder analysis to understand any history of relationships and issues such as liability, maintenance and indemnification between each ditch company operating within Fort Collins. Logan Simpson will also present case studies where irrigation ditch companies have acted as willing trail partners in other communities. Deliverables • Stakeholder analysis • Case studies • Ditch corridor viability map Safety, Mobility, and Accessibility Recommendations Based on the results of the safety and accessibility review that will take place during inventory and assessment, Logan Simpson will provide both corridor-wide and location-specific recommendations to eliminate physical barriers to walkability, bicycle access, accessibility for persons with mobility challenges, and improve safety through lighting, realignment, and other treatments. This is a preliminary analysis of existing trail facilities based on the Professionals opinion and understanding of the Americans with Disabilities Act (ADA), Architectural Barriers Act standards, USDA Accessibility Guidebook for Recreation and Trails, AASHTO Guide for the Development of Bicycle Facilities, & Crime Prevention Through Environmental Design (CPTED) principles, where applicable. For trails located parallel to roads, crossing roads, or crossing railroads, Fehr & Peers will evaluate Bicycle and Pedestrian Level of Traffic Stress (LTS) by applying our StreetScore+ tool which quantifies perceived comfort of bikeway segments, bikeways at intersection, walkway, and crossings. This tool helps us understand what design treatments can be added to achieve comfortable, effective, and highly used facilities. Fehr & Peers will also analyze and summarize crash data at the nodes of transition from on-street to off-street trail network by summarizing crash data trends from the most recent five years. Pedestrian and bicycle involved crashes will reveal potential traffic safety improvements that could be included at selected locations. This task will also include coordination with FC Moves it align recommendations of the STP with recommendations and findings of the “Which Wheels Go Where?” initiative led by FC Moves. It is anticipated that these recommendations will include policy and program strategies aimed at achieving a culture of safety among trail users. Professional Services Agreement RFP 9901 Strategic Trails Plan Page 17 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 1/2023 Deliverables • Corridor-wide improvement recommendations • Map of location-specific improvements Development Review Logan Simpson’s development code specialists will support this effort with a thorough review of the City’s development code as it relates to development requirements to identify amendments that may be necessary to optimize the code to take advantage of development trends that will provide for trail easement, construction, maintenance, new connections, and cost sharing scenarios for new development. Deliverables • Development Code Amendment Recommendations Plan Production Logan Simpson will prepare an administrative draft for PMT review, incorporate consolidated comments into a visually compelling draft for the public and Community Working Group to review, and prepare final draft for approvals by the Parks and Recreation Board, Active Modes Board, and City Council. The anticipated plan will be highly visual and concise. Technical reports and maps will be included as supporting appendices. Implementation Matrix The Professional will produce a quick-reference implementation matrix that summarizes recommendations including details such as action type (additional planning, capital project, code amendment, etc.), lead/partner agencies, and timeframe (short term, intermediate, and long-range actions). Deliverables • Draft Plan Outline • Implementation Matrix • Administrative Draft Plan and Appendices • Public Draft Plan • Adoption Draft Plan • Final Strategic Trails Plan Document and Map Professional Services Agreement RFP 9901 Strategic Trails Plan Page 18 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 8/2022 EXHIBIT B BID SCHEDULE/ COMPENSATION Professional Services Agreement RFP 9901 Strategic Trails Plan Page 19 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Hourly Rate $200 $126 $147 $115 $110 $175 $90 $270 $235 $140 $160 PROJECT MANAGEMENT & WORKING GROUP MEETINGS Monthly PM Coordination/Progress Meetings (15 total)8 30 6 4 4 2 54 $7,512 8 8 $1,880 62 $9,392 $0 $9,392 Project management, coordination, client communication 8 120 10 138 $18,190 50 50 $11,750 188 $29,940 $0 $29,940 Working Group Meetings (4 total)4 10 4 2 2 2 6 30 $3,988 6 6 $1,410 36 $5,398 $0 $5,398 Draft Plan Outline 4 4 $504 0 $0 4 $504 $0 $504 Subtotal 20 164 20 6 6 4 6 226 $30,194 0 64 0 0 64 $15,040 290 $45,234 $0 $45,234 COMMUNITY ENGAGEMENT Community Engagement Plan & Summaries 4 8 8 20 $2,400 0 $0 20 $2,400 $0 $2,400 Project Brand and Theme 8 1 16 25 $2,595 0 $0 25 $2,595 $0 $2,595 Project Promotional content 8 1 20 29 $2,955 0 $0 29 $2,955 $0 $2,955 Project Website content 8 16 24 $3,360 0 $0 24 $3,360 $0 $3,360 Public Meetings (3)20 10 12 42 $5,070 0 $0 42 $5,070 $0 $5,070 Fort Collins Trails Summit (one of four public meetings,in person)4 20 12 18 54 $7,904 4 4 8 $2,120 62 $8,724 $1,300 $10,024 Interactive Map 4 6 30 20 60 $6,636 0 $0 60 $6,636 $0 $6,636 Neighborhood Meetings (7)4 10 15 10 39 $5,165 10 10 $2,350 49 $7,515 $0 $7,515 Board Meetings (4)4 6 6 4 20 $2,798 4 4 $940 24 $3,738 $0 $3,738 City Council Meetings (2)4 6 6 4 20 $2,798 4 4 $940 24 $3,738 $0 $3,738 Subtotal 16 94 81 30 0 0 112 333 $41,681 4 22 0 0 26 $6,350 359 $46,731 $1,300 $48,031 EXISTING CONDITIONS & PLAN CONGRUENCE Review and Summarize Existing Plans, Reports, and Studies 10 15 25 $2,610 4 6 10 $1,780 35 $4,390 $0 $4,390 Inventory and Assessment Fieldwork 15 35 35 85 $9,915 8 16 16 40 $6,680 125 $16,445 $150 $16,595 Safety and Accessibility Review 8 4 15 27 $3,754 4 4 8 $1,580 35 $5,334 $0 $5,334 Opportunities and Challenges Map 6 10 16 $1,656 0 $0 16 $1,656 $0 $1,656 Subtotal 8 35 0 35 50 0 25 153 $17,935 0 16 22 20 58 $10,040 211 $27,825 $150 $27,975 TRAIL GAPS & FUTURE TRAILS ANALYSIS Gap Analysis 4 15 20 10 15 64 $7,440 16 32 48 $8,880 112 $16,320 $0 $16,320 Preliminary Routes & Field Verification 4 25 20 15 20 84 $9,700 16 16 32 $6,320 116 $16,020 $0 $16,020 Equity Analysis 1 15 8 22 46 $4,990 0 $0 46 $4,990 $0 $4,990 Population-based LOS Analysis & Standards 2 10 8 20 $2,380 4 8 12 $2,220 32 $4,600 $0 $4,600 Qualitative LOS Evaluation 10 8 18 $1,980 2 16 24 24 66 $11,500 84 $13,480 $0 $13,480 Subtotal 11 75 0 48 25 0 73 232 $26,490 2 52 24 80 158 $28,920 390 $55,410 $0 $55,410 FUNDING & IMPLEMENTATION STRATEGIES Estimates of Probable Cost 6 15 15 36 $4,740 8 4 24 36 $6,280 72 $11,020 $0 $11,020 Capital Improvement Plan/Infrastructure Replacement Program 6 16 10 32 $4,316 2 2 4 4 12 $2,210 44 $6,526 $0 $6,526 Funding Strategies 4 16 6 26 $3,356 2 4 4 10 $2,040 36 $5,396 $0 $5,396 Development Fee Review 4 10 14 $2,254 0 $0 14 $2,254 $0 $2,254 Prioritization Criteria 2 16 18 $2,416 4 8 12 $2,960 30 $5,376 $0 $5,376 Subtotal 18 67 0 0 25 10 6 126 $17,082 8 22 12 28 70 $13,490 196 $30,572 $0 $30,572 TRAIL DESIGN & CONSTRUCTION STANDARDS Standard Details / Trail Type Cross-sections 2 2 4 $472 2 4 8 8 22 $3,880 26 $4,352 $0 $4,352 At-Grade Crossings Standards 2 2 $220 2 8 4 18 32 $5,860 34 $6,080 $0 $6,080 Grade Separated Crossings Cost-sharing Strategy & Prioritization Study update 2 6 2 10 $1,376 2 4 6 $1,480 16 $2,856 $0 $2,856 Update Grade Separated Crossings Guidelines 2 2 $220 2 12 32 46 $8,480 48 $8,700 $0 $8,700 Subtotal 2 8 0 0 8 0 0 18 $2,288 8 28 12 58 106 $19,700 124 $21,988 $0 $21,988 City of Fort Collins Strategic Trails Plan Workplan, Fees, and Schedule Logan Simpson Princip al, PE Principal in Charge Asst. PM/Lead Planner GIS/Inv entory Lead Planner /Engine er II Fehr & Peers TOTALS Total Proj. Manage r Comm. Engage ment Lead GIS/ Graphic Support Staff Hours Hours Planne r/Engin eer I Inventory Support, PLA Code/re gulatory Lead Total LaborHours TotalExpenses Professional Services Agreement RFP 9901 Strategic Trails Plan Page 20 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 IRRIGATION DITCH COMPATIBILITY Ditch Corridor Viability Map 6 10 16 $1,906 2 2 $470 18 $2,376 $0 $2,376 Subtotal 0 6 0 10 0 0 0 16 $1,906 0 2 0 0 2 $470 18 $2,376 $0 $2,376 SAFETY, ACCESSIBILITY & DEVELOPMENT CODE REVIEW Corridor-wide Recommendations 4 6 8 18 $2,436 8 8 16 $3,160 34 $5,596 $0 $5,596 Map of Location-specific Improvements 4 15 25 44 $4,959 4 8 12 $2,220 56 $7,179 $0 $7,179 Development Code Review 10 10 $1,750 0 $0 10 $1,750 $0 $1,750 Subtotal 4 10 15 0 8 10 25 72 $9,145 0 12 0 16 28 $5,380 100 $14,525 $0 $14,525 PLAN PRODUCTION Implementation Matrix 8 8 $1,008 0 $0 8 $1,008 $0 $1,008 Admin Draft & Appendices 4 35 20 16 10 48 133 $16,060 2 12 12 16 42 $7,600 175 $23,660 $0 $23,660 Public Draft 20 6 12 38 $4,482 0 $0 38 $4,482 $0 $4,482 Adoption Draft 10 6 16 $1,800 0 $0 16 $1,800 $0 $1,800 Final STP Map 2 16 16 20 54 $6,056 0 $0 54 $6,056 $0 $6,056 Subtotal 6 89 26 32 0 10 86 249 $29,406 2 12 12 16 42 $7,600 291 $37,006 $0 $37,006 Grand Total 85 548 142 161 122 34 333 1425 $176,127 24 230 82 218 554 $106,990 1979 $281,667 $1,450 $283,117 Professional Services Agreement RFP 9901 Strategic Trails Plan Page 21 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 8/2022 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement RFP 9901 Strategic Trails Plan Page 22 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 8/2022 EXHIBIT D INSURANCE REQUIREMENTS 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. 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. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. 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 & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Professional shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Professional shall maintain during the life of this Agreement such 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 Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. In the event any work is performed by a subcontractor/subconsultant, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. Professional Services Agreement RFP 9901 Strategic Trails Plan Page 23 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Official Purchasing Document Last updated 8/2022 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 par ty, 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 summari es (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 RFP 9901 Strategic Trails Plan Page 24 of 24 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/22/2024 Brown &Brown Insurance of AZ,Inc 2800 N.Central Ave.,#1100 P.O.Box 2800 Phoenix AZ 85004 Marie Puetz,CISR 602-664-7043 602-664-7000 marie.puetz@bbrown.com Ohio Security Ins Co 24082 LOGASIM-01 Ohio Casualty Insurance Co 24074LoganSimpsonDesign,Inc. 51 W.3rd St.,Ste 450 Tempe AZ 85281 Crum &Forster Specialty Insurance Company 44520 Trisura Specialty Insurance Company 16188 1720699983 C A X 2,000,000 X 1,000,000 15,000 2,000,000 5,000,000 X Y Y EPK-144470 BKS64975063 7/1/2023 7/1/2023 7/1/2024 7/1/2024 5,000,000 A 1,000,000 X X Phys.Damage Y Y BAS64975063 7/1/2023 7/1/2024 Deductible $500/$500 B X X 10,000,000YUSO649750637/1/2023Y 7/1/2024 10,000,000 X 10,000 B X N Y XWO64975063 7/1/2023 7/1/2024 1,000,000 1,000,000 1,000,000 C C D Professional Liability Pollution Liability Cyber Liability EPK-144470 EPK-144470 ATB-6695427-02 7/1/2023 7/1/2023 7/1/2023 7/1/2024 7/1/2024 7/1/2024 Claim/Aggregate Aggregate Aggregate 2000000/2000000 5,000,000 2,000,000 Leased or Rented Equipment -Policy No.BKS64975063 -7/1/2023-7/1/2024 -$25,000/Deductible $1,000 Blanket Additional Insured applies to General Liability per attached form EN0111-0211.Blanket Additional Insured for Completed Operations applies to General Liability per attached form EN0320-0211.Primary and Non-Contributory wording and Blanket Waiver of Subrogation applies to General Liability per attached form EN0118-0211.Blanket Additional Insured applies to Auto Liability per attached form AC 8501 06/18.Blanket Waiver of Subrogation applies to Auto Liability per attached form AC 8501 06/18.Primary and Non-Contributory wording applies to Auto Liability per attached form AC 8501 06/18.Blanket Waiver of Subrogation applies to the Workers Compensation per attached form WC 00 03 13.Umbrella Follows Form Umbrella Follows Form over General Liability,Auto Liability,and Employers Liability. See Attached... City of Fort Collins,Purchasing Division PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: LOGASIM-01 1 1 Brown &Brown Insurance of AZ,Inc Logan Simpson Design,Inc. 51 W.3rd St.,Ste 450 Tempe AZ 85281 25 CERTIFICATE OF LIABILITY INSURANCE RE:LS2351069 Fort Collins Strategic Trails Plan Additional Insured:The City,its officers,agents and employees shall be named as additional insureds where required per written contract. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 EN0320-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section III – Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury” or “property damage” caused, in whole or in part, by “your work” at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the “products-completed operations hazard”. Blanket where required by written contract Policy Number: EPK-144470DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 EN0111-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by “your work” for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Blanket where required by written contract Policy Number: EPK-144470DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 EN0118-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) A.SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to “claims” caused in whole or in part, by “your work” for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured’s sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for “damages” arising out of “your work” performed under a designated project or contract with that person(s) or organization(s). C.This Endorsement does not reinstate or increase the Limits of Insurance applicable to any “claim” to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Blanket where required by written contract Policy Number: EPK-144470DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 AC 85 01 06 18 © 2017 Liberty Mutual Insurance Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE – BROADENED COVERAGE 11 GLASS REPAIR – WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE – ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE – VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON–CONTRIBUTORY – WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS – INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 22 SECTION I – COVERED AUTOS is amended as follows: 1.TRAILERS – INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I – COVERED AUTOS: BAS64975063 DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Page 2 of 9 © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. SECTION II – LIABILITY COVERAGE is amended as follows: 2.NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II – LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": d.Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1)Is a partnership or joint venture; or (2)Is an "insured" under any other automobile policy except a policy written specifically to apply in excess of this policy; or (3)Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3.EMPLOYEES AS INSUREDS SECTION II – LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e.Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f.Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4.ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II – LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g.Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1)Only with respect to the operation, maintenance or use of a covered "auto"; (2)Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3)Only for the duration of that contract, agreement or permit. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 AC 85 01 06 18 © 2017 Liberty Mutual Insurance Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5.SUPPLEMENTARY PAYMENTS SECTION II – LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2)and (4) are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 6.AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II – LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III – PHYSICAL DAMAGE COVERAGE is amended as follows: 7.HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a.You hire, rent or borrow; or b.Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a.The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1)$50,000; or (2)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c.Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Page 4 of 9 © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. d.Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e.This coverage extension does not apply to: (1)Any "auto" that is hired, rented or borrowed with a driver; or (2)Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8.TOWING AND LABOR SECTION III – PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: W e will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a.For private passenger type vehicles, we will pay up to $75 per disablement. b.For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c.For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 – 20,000 pounds. However, the labor must be performed at the place of disablement. 9.PHYSICAL DAMAGE – ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III – PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10.RENTAL REIMBURSEMENT SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a.We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b.Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c.We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d.This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 AC 85 01 06 18 © 2017 Liberty Mutual Insurance Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. f.No deductible applies to this coverage. g.The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11.EXTRA EXPENSE – BROADENED COVERAGE Under SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12.PERSONAL EFFECTS COVERAGE A.SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B.SECTION V – DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 13.AC CIDENTAL AIRBAG DEPLOYMENT SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 14.PHYSICAL DAMAGE DEDUCTIBLE – VEHICLE TRACKING SYSTEM SECTION III – PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15.AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclusions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a.Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is: DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Page 6 of 9 © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2)Designed to be solely operated by use from the power from the "auto's" electrical system; and (3)Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 16.LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A.Paragraph C. Limit Of Insurance of SECTION III – PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1.Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a.Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b.Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d.Transfer or rollover balances from previous loans or leases; e.Final payment due under a "Balloon Loan"; f.The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g.Security deposits not refunded by a lessor; h.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i.Any amount representing taxes; j.Loan or lease termination fees; or 2.The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B.Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 AC 85 01 06 18 © 2017 Liberty Mutual Insurance Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C.SECTION V – DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17.GLASS REPAIR – WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III – PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18.PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III – PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19.TWO OR MORE DEDUCTIBLES Under SECTION III – PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a.If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible; or c.If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 Page 8 of 9 © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. SECTION IV – BUSINESS AUTO CONDITIONS is amended as follows: 20.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV– BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 21.AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the following: a.In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)Member, if you are a limited liability company; (4)An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a)How, when and where the "accident" or "loss" took place; (b)The "insured's" name and address; and (c)The names and addresses of any injured persons and witnesses. 22.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23.HIRED AUTO COVERAGE TERRITORY SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f.For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 AC 85 01 06 18 © 2017 Liberty Mutual Insurance Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 24.PRIMARY AND NON–CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV – BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V – DEFINITIONS is amended as follows: 25.BODILY INJURY REDEFINED Under SECTION V – DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 62 86 of Any entity required by written contract executed prior to the date of loss 0001 07/01/2023 XWO (24)64 97 50 63 LOGAN SIMPSON DESIGN,INC The Ohio Casualty Insurance Company 11363 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed.4-84) Copyright 1983 National Council on Compensation Insurance,Inc. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agree- ment from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No. Policy Effective Premium State Policy No. Insured Insurance Company Countersigned by ___________________ DocuSign Envelope ID: C2B9CB47-CE89-4AB0-9017-C38AE6FFFB45 82 86 of Any entity required by written contract executed prior to the date of loss 0005 07/01/2023 XWO (24)64 97 50 63 LOGAN SIMPSON DESIGN,INC The Ohio Casualty Insurance Company 11363 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 43 03 05 (Ed.7-00) UTAH WAIVER OF SUBROGATION ENDORSEMENT WC 43 03 05 (Ed.7-00)