No preview available
HomeMy WebLinkAbout124699 WINTER AND COMPANY - CONTRACT - RFP - P1156 REVIEW OF HISTORIC PRESERVATION PROCESSES ADN POLICIESPROFESSIONAL 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 Winter and Company, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence March 17, 2009 and shall continue in full force and effect until December 31, 2009, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: Winter and Company Attn: Mr. Nore V. Winter 1265 Yellow Pine Avenue Boulder, CO 80304 City: City of Fort Collins, Advance Planning PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services Standard Professional Services Agreement- rev07/08 2.7 Conduct final presentations 2.7.1 Present to Landmark Preservation Commission Notes: 1. Peer review panel A peer review panel can help to quickly compare the Fort Collins system with other communities. These may be coordinated in different ways to fit the circumstances. For this assignment these are some options: a. Private Sector Professionals A panel of representatives from development and design professions, drawn from the Front Range, would be assembled to respond to preliminary assessment findings and recommendations. This work session would include short presentations of their own experience in other systems as well. b. Public Sector Professionals An alternative approach invites staff from other communities with well -recognized preservation programs. They would review and comment in a similar manner. Communities that have integrated preservation review with other development review and who seek efficiency in their programs could include Oklahoma City, Monterey, Galveston, Aspen and Durango. The public sector panel might be assembled as a phone conference, with the provision of material beforehand. 2. Preliminary report of process and policy improvements The preliminary report will address: 1. Report scope and objectives 2. Methodology 3. Future presentation system overview 4. Analysis of existing review systems 5. Preliminary review of code language 6. General strategy 7. Recommended actions Standard Professional Services Agreement- rev07/08 4 EXHIBIT B WORK SCHEDULE It is anticipated that each phase of the program will take approximately 3-4 months from direction to proceed. The Professional should be available with appropriate notice for the duration of each phase. Standard Professional Services Agreement- rev07/08 EXHIBIT C FEE SCHEDULE Fort Collins Revised March 12, 2009 Historic Resource Development Review Analysis Qart lRrocess Improvement Review 1.1 Preparation i.1.1 Review background information General preservation program materials and history of the program Guidelines, ordinances and surveys, historic contexts, and other related written City review procedures and documents Materials to be provided by city staff 1.1.2 Develop questions for interviews, study sesslons and focus groups Personnel Rate Hours Amount Subtotal N. Winter $165 4 $660 M. Philips $75 8 $600 Part 1.1 Fees $1,260 1.2 Attend overview of City review procedures, presented by city staff 1.2.1 Work session with core project staff (1 hours) Personnel N. Winter M. Phillips Part 1.2 Fees Rate Hours Amount Subtotal $165 4 $660 $75 4 $300 $960 1.3 Conduct interviews with City Staff 1.3.1 City Manager (Individual interview, 1/2 hour) 1.3.2 Deputy City Manager, Chief Financial Officer, and Director of Planning, Development and Transportation (Combined interview, 1 hour) 1.3.3 City Attorney & Deputy City Attorney (Combined interview, 1 hour) 1.3.4 Advance Planning Staff (3 to 4 people, 90 minutes) 1.3.5 Current Planning Staff & Building Dept (6 people, 90 minutes) Personnel Rate Hours Amount Subtotal N. Winter $165 8 $1,320 M. Phillips $75 8 $600 Part 1.3 Fees $1,920 1.4 Conduct interviews with City Council Members concerning their perception of and experience with historic preservation review processes 1.4.1 Council interview (Council members as available) Personnel Rate Hours Amount Subtotal N. Winter $165 2 $330 M. Ph!lllps $75 2 $150 Part 1.4 Fees $480 1.5 Conduct Study Sessions with Boards & Commissions concerning their perception of and experience with historic preservation review processes 1.5.1 Study Session with Landmark Preservation Commission (1 hour) 1.5.2 Study Session with Planning and Zoning Board (1 hour) 1.5.3 Assist with Powerpoint show Personnel Rate Hours Amount Subtotal N. Winter $165 4 $660 M. Phillips $75 4 $300 B. Saraswat $50 4 $200 Part 1.6 Fees $1,160 Fort Collins Historic Resource Development Review Analysis Prepared by Winter & Company Page 1 of 5 Standard Professional Services Agreement- rev07/08 1 1.6 Conduct focus group (customer) meetings 1.6.1 Commercial Group (10 people, 1 hour) 1.6.2 Residential Group (10 people, 1 hour) Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 Part 1.6 Fees $825 1.7 Observe commission meeting 1.7.1 Landmark Preservation Commission meeting (2 hours) Personnel Rate Hours Amount Subtotal N. Winter $165 2 $330 Part 1.7 Fees $330 1.8 Coordinate peer review panel of preservation experts 1.8.1 Identify potential panelists (formal invitations 8 logistics by City staff) 1.0.2 Develop information packet for paneffsts 1.8.3 Coordinate panel discussion Personnel Rate Hours Amount Subtotal N. Winter $165 4 $660 M. Phillips $75 6 $450 B. Saraswat $50 6 $300 B. Shears - Administrative $50 2 $100 Part 1.8 Fees $1,510 1.9 Develop preliminary report of process and policy Improvements 1.9.1 Prepare preliminary intemal draft, for core project staff edits 1.9.2 Prepare public preliminary draft Personnel Rate Hours Amount Subtotal N. Winter $165 16 $2,640 M. Phillips $75 18 $1,350 B. Saraswat $50 12 $600 Part 1.9 Fees $4,590 1.10 Review preliminary report with core project staff and customer representatives 1.10.1 Mixed Focus Group (6 to 8 people, 1 hour) 1.10.2 LPC Briefing 1.10.3 Staff Briefing 1.10.4 Development Lead Team Personnel Rate Hours Amount Subtotal N. Winter $165 4 $660 Part 1.10 Fees $660 1.11 Develop final report 1.11.1 Prepare final internal report, for core staff edits 1.11.2 Prepare final public report Personnel Rate Hours Amount Subtotal N. Winter $165 8 .31,320 M. Phitlips $75 20 $1,500 B. Saraswat $50 a $400 Part 1.11 Fees $3,220 1.12 Final presentations 1.12.1 Landmark Preservation Commission work session (1 hour agenda item) Personnel Rate Hours Amount Subtotal N. Winter $165 2 $330 Part 1.12 Fees $330 Fort Collins Historic Resource Development Review Analysis Prepared by linter 8 Company Page 2 of 5 Standard Professional Services Agreement- rev07/08 2 Summary. ::Part l Personnel Rate Hours Amount Subtotal N. Winter $165 63 $10,395 M. Phillips $75 70 $5,250 B. Saraswat $50 30 $1,500 B.Shears- Administrative $50 2 $100 Part I TOTAL Fees $17.245 Reimbursable Expenses -Part Mileage (Boulder - Ft. Collins - Boulder) Meals Photography Copying, repro Part I Expenses Total Part t Fees & Expenses Rant Il Murtclpal and Land:.Use Code Review Cost Quantity Amount Subtotal $60 4 $240 $30 4 $120 $50 Lump Sum $50 $50 Lump Sum $50 $460 $17,705 2.1 Review historic preservation codes 2.1.1 Review relevant sections of the municipal code, land use code, guidelines, and surveys to identify areas of consistency with City policies and directives. 2.1.2 Develop summary of issues based on the review Personnel Rate Hours Amount Subtotal N. Winter $165 4 $660 M. Phillips $75 18 $1,360 B, Saraswat $50 2 $100 B. Shears - Administrative $50 2 $100 Part 2.1 Fees $2,210 2.2 Conduct peer community review 2.2.1 Develop list of peer communities from which to collect ordinances 2.2.2 Review ordinances from peer communities (City staff shall have the option to partklpate in Consultant phone contacts with peer communities) 2.2.3 Prepare memo summarizing findings Personnel Rate Hours Amount Subtotal N. Winter $165 6 $990 M. Phillips S75 16 $1.200 S. Shears - Administrative $50 2 $100 Part 2.2 Fees $2,290 2.3 Develop preliminary strategy for code revisions 2.3.1 Conduct strategy workshop with core project staff Review code language with staff 2.3.2 Develop memo summarizing issues and preliminary strategy Personnel Rate Hours Amount Subtotal N. Wnter $165 8 $1,320 M. Phillips $75 16 $1,200 B. Shears - Administrative $50 2 $100 Part 2.3 Fees $2,620 2.4 Draft preliminary report addressing recommended code changes 2.4.1 Prepare internal draft for core staff review Fort Collins Historic Resource Development Review Analysis Prepared by'Ninter & Company Page 3 of 5 Standard Professional Services Agreement- revO7/08 3 2.4.2 Prepare public review draft Personnel N. Winter M. Phillips B. Sarasvat B. Shears -Administrative Rate Hours Amount Subtotal $165 8 $1,320 $75 16 $1,200 $50 10 $500 $50 2 $100 Part 2.4 Fees $3,120 2.5 Council Work Session Presentation of preliminary findings and recommendations of Parts 1 and 2 2.5.1 Participate in preparation and delivery of pre -meeting taping 2.5.2 Attend and participate in Council work session (1.5 hours) 2.5.3 Assist with Powerpoint show Personnel Rate Hours Amount Subtotal N. Winter $165 6 $990 M. Phiilips $75 8 $60D B. Saraswat $50 6 $30D Part 2,5 Fees S1,890 2.6 Final report on recommended code changes 2.6.1 Preparo final Internal draft for core staff review 2.6.2 Prepnre final public draft of recommended code changes Personnel Rate Hours Amount Subtotal N. Winter $165 8 $1.320 AA. Phillips $75 16 $1,200 B. Sarasvat $50 8 $400 B. Shears- Administrative $50 2 $100 Part 2.6 Fees $3,020 2.7 Conduct final presentations 2.7.1 Present to Landmark Preservation Commission Personnel Rate Hours Amount Subtotal N. Winter $165 6 $990 M. Phillips $75 4 $300 Part 2.7 Fees $1,290 Summar V Personnel Rate Hours Amount Subtotal N. Winter $165 40 $6,600 M. Phillips $75 94 $7,050 B. Saraswat $50 20 $1.D00 B. Shears - Administrative $50 10 $500 Part II TOTAL Fees $15,150 Reimbursable Expenses - Part II Mileage (Boulder - Ft. Collins - Boulder) Meals Plotling, other technical production Part II Expenses Total Part II Fees & Expenses TOTAL FEES & EXPENSES Fort Collins Historic Resource Development Review Analysis Prepared by linter & Company Cost Quantity Amount Subtotal $66 2 $132 $40 3 $120 S50 Lump Sum $50 $302 $15,452 $33,157 Page 4of5 Standard Professional Services Agreement- rev07/08 4 Noses. Report rernains In IAS 1Arord until final produGti0n, Graphics diagrams at final prod ualon. Ora -Site meetings are consolIdWad Into fAl Oeys, io a o.nt feesibde. No t anal limo is Meeting scheduling by wily stddf_ Mary Phillips attar,4s Daily the start-up meeting City staff to produce grapWc-s as fear ibe_ Standard Professional Services Agreement- rev07/08 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Standard Professional Services Agreement- rev07/08 Form -9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) cli Nore V. Winter m Business name, if different from above a c Winter & Company 0.0 Check appropriate box: © Individual/Sole proprietor El Corporation ElPartnership Exempt P ElLimited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ► ------- Elpayee o 2 ❑ Other (see instructions) ► L Address (number, street, and apt. or suite no.) Requester's name and address (optional) a , 1265 Yellow Pine Ave. City, state, and ZIP code rn Boulder, CO 80304 (D List account number(s) here (optional) Cl) FOM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 84 1074688 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign ISignature of ' Here t U.S. person Qe General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date ► 3 / 9 -e, Defirl of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 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 drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Thirty Three Thousand One Hundred Fifty Seven Dollars ($33,157.00) plus reimbursable direct costs in accordance with attached Exhibit "C" Fee Schedule, consisting of five (5) pages, and incorporated herein by this reference. All such fees and costs shall not exceed Thirty Three Thousand One Hundred Fifty Seven Dollars ($33,157.00). 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. Standard Professional Services Agreement- rev07/08 2 7. 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. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunderforthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services.. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. Standard Professional Services Agreement- rev07/08 3 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that Standard Professional Services Agreement- rev07/08 4 knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with.the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev07/08 5 THE CITY OF FORT COLLINS, COLORADO By: Q!—,� E J es B. O'Neill II, CPPO, FNIGP Dire of Purchasing &Risk Management DATE: E /L Y)9� WINTER AND COMPANY By: ° Title: Principal Date: -3•/17 -.7oo f Standard Professional Services Agreement- rev07/08 6 EXHIBIT A SCOPE OF SERVICES The Scope of Services is organized into two parts for purposes of project management and coordination, but some tasks from both parts will occur concurrently. Part I focuses on improvements to the review process and related components of the preservation system. Part II focuses on updates to the portions of the City code related to preservation. Preliminary concepts for code revisions will emerge as ideas are developed in Part I. Within each part, the tasks are generally sequential, but not necessarily in all cases. Since many interviews and meetings are involved, the scheduling of some of these will be influenced by regular meeting dates of council, boards and commissions and the availability of staff and other interested parties to attend meetings. Please refer to the budget sheet for hours associated with meetings. In this scope of services, the terms "Core Project Staff" is used to describe members of the City's Planning Department who are directly engaged in administering and supervising the preservation program. Part I: Process Improvement Review 1.1 Preparation 1.1.1 Review background information - General preservation program materials and history of the program - Guidelines, ordinances, surveys, historic contexts, and other related written City review procedures and documents (materials to be provided by City staff) 1.1.2 Develop questions for interviews, study sessions and focus groups 1.2 Attend overview of City review procedures presented by City staff This meeting includes a City staff presentation of sample cases that have involved historic and potentially eligible properties. 1.2.1 Work session with core project staff 1.3 Conduct interviews with City staff concerning their perception of and experience with historic preservation review processes 1.3.1 City Manager . 1.3.2 Deputy City Manager, Chief Financial Officer, and Director of Planning, Development and Transportation 1.3.3 City Attorney & Deputy City Attorney 1.3.4 Advance Planning Staff 1.3.5 Current Planning Staff 1.3.6 Building Department 1.3.7 Other City staff (Transportation, Operation Services, and Natural Resources) 1.3.8 Draft written summary of comments from interviews Standard Professional Services Agreement- rev07/08 1.4 Conduct interviews with City Council Members concerning their perception of and experience with historic preservation review processes. 1.4.1 Council interview 1.5 Conduct Study Sessions with Boards & Commissions concerning their perception of and experience with historic preservation review processes To gain insight into issues to address and current review processes 1.5.1 Study Session with Landmark Preservation Commission 1.5.2 Study Session with Planning and Zoning Board 1.5.3 Assist with Powerpoint show 1.6 Conduct focus group (customer) meetings 1.6.1 Commercial property owners 1.6.2 Residential property owners and residents 1.7 Observe commission meetings 1.7.1 Landmark Preservation Commission (LPC) meeting 1.8 Coordinate peer review panel of preservation experts. 1.8.1 Identify potential panelists (formal invitations & logistics by City staff) 1.8.2 Develop information packet for panelists 1.8.3 Coordinate panel discussion See below Note #1 describing options for the panel. 1.9 Develop preliminary report of process and policy improvements. 1.9.1 Prepare preliminary internal draft, for core project staff edits 1.9.2 Prepare public preliminary draft See below Note #2 outline for initial content ideas. 1.10 Review preliminary report with core project staff and customer representatives 1.10.1 Mixed Focus Group 1.10.2 LPC Briefing 1.10.3 Staff Briefing 1.10.4 Development Lead Team 1.11 Develop final report 1.11.1 Prepare final internal report, for core staff edits 1.11.2 Prepare final public report 1.12 Final presentations 1.12.1 Landmark Preservation Commission work session (1 hour agenda item) Standard Professional Services Agreement- rev07/08 2 Part II: Municipal and Land Use Code Review The section of tasks will follow, generally, a step behind the initial interviews and study sessions of Part I. At the stage of developing an overall strategy in Part I, the initial concepts for code revisions will begin to emerge. The purpose of this part of the services is to develop ideas and general concepts for needed amendments to the codes. General descriptions of proposed changes will be presented, in sufficient detail that City staff can prepare code language. 2.1 Review historic preservation codes 2.1.1 Review relevant sections of the municipal code, land use code, guidelines, and surveys to identify areas of consistency and inconsistency with City policies and directives 2.1.2 Develop summary of observations and issues based on the review 2.2 Conduct peer community review The purpose is to gain an understanding of how other communities' codes may be structured with respect to historic preservation and development review. Note that this peer review is different from that in Part I. This is a review of documents only. It may include phone calls to staff at selected communities by the consultant, but no formal panel discussions. 2.2.1 Develop list of peer communities from which to collect ordinances 2.2.2 Review ordinances from peer communities (City staff shall have the option to participate in the Consultant phone contacts with the peer communities) 2.2.3 Prepare memo summarizing findings 2.3 Develop preliminary strategy for code revisions 2.3.1 Conduct strategy workshop with core project staff In a session, review code language with core project staff of the City, and discuss options and approach for revisions. 2.3.2 Develop memo summarizing issues and preliminary strategy 2.4 Draft preliminary report addressing recommended code changes 2.4.1 Prepare internal draft for core staff review 2.4.2 Prepare public review draft 2.5 Council Work Session Presentation of preliminary findings and recommendations of Parts 1 and 2 2.5.1 Participate in preparation and delivery of pre -meeting taping 2.5.2 Attend and participate in Council work session 2.5.3 Assist with Powerpoint show 2.6 Final report on recommended code changes 2.6.1 Prepare final internal draft for core staff review 2.6.2 Prepare final public draft of recommended code changes Standard Professional Services Agreement- rev07/08 3