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Home My WebLink About124699 WINTER & COMPANY - CONTRACT - RFP - 7303 EAST & WEST SIDE NEIGHBORHOODS CHARACTER STUDPROFESSIONAL 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 & 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 six (6) 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 two (2) pages, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2012. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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 Services Agreement 7303 East & West Side Neighborhoods Character Study Page 1 of 21 b. Neighborhood workshop 1a c. Neighborhood workshop 1 b (a repeat of workshop 1 a) B. Boards and Commissions a. Planning and Zoning Board (1 meeting) b. City Council (1 meeting) C. The Consultant will prepare meeting materials, including activity sheets, agendas and Power Point presentations. D. City Staff will arrange meeting spaces, handle meeting notices and invitations and other logistics. 1.6 Modeling Analyses The consultant will generate a series of computer models that illustrate these different conditions: A. Models of the typical existing physical development contexts a. Four different conditions will be modeled, using a sampling of approximately four blocks for each context B. Model effects of existing codes and trends. Approximately six different code conditions will be modeled on a selection of individual -sites. These will illustrate different geographic contexts (i.e., east side and west side), different lot sizes and different existing neighborhood settings. a. Some of these models will illustrate the maximum building envelope and related conditions for a selection of contexts and zoning categories in the neighborhoods. b. Other models will illustrate recent building trends which may be somewhat less in size than the maximum permitted. C. Model the potential effects of alternative regulatory tools, incentives and other related actions a. These models will illustrate a variety of alternative zoning regulations and other tools that may be used to address neighborhood character, and specifically building form, mass and perceived scale. b. Approximately 8 to 10 models will be generated. c. Potential variables may be variations in height limits, setbacks, overall floor area, wall plane length and roof forms 1.7 Visual Survey The Consultant will work with staff to develop a "visual survey" which will be designed to gain an understanding of public opinion about compatibility of alternative building models in the various neighborhood contexts. This will build on the information gained in the Preliminary Questionnaire and will incorporate the models generated in Task 1.6. The survey will illustrate some alternative design scenarios and elicit opinions about change, mass and scale and other character factors in the neighborhoods. The focus of the visual survey will be on establishing the "degree of tolerance" for change in the built environment. The survey will be designed such that it can be mailed. A. The Consultant will: a. Develop the initial survey instrument Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 10 of 21 B. City will: b. Revise the survey, based on staff comments c. Analyze data from the survey responses d. Develop a summary of observations and findings a. Manage distribution of the survey b. Collect and input data from the survey c. Conduct preliminary analysis of the data d. Assist the Consultant in interpreting the survey findings 1.8 Develop a Summary of Step 1 Findings. The consultant will prepare a memo, summarizing findings from the tasks described above. This will be presented to City Council in a study session as the final action in this step. 1.9 Participate in a City Council Study Session. The Consultant will assist staff in presenting the findings from this stage in a study session (listed above in Step 1.5) Step 2: Develop the Strategy In this step, the Consultant will work with City Staff to develop a Strategy Paper for addressing the issues that may be identified in Step 1. This report will be based on the comments received from the preceding City Council study session as well as the findings in Step 1. It will outline the alternative tools to be considered and provide preliminary suggestions for specific standards that may then be refined later for formal adoption, based on City Council direction. The strategy paper will include recommendations for revisions to regulatory tools and may introduce new ones as well. It may also address other neighborhood planning issues that may be outside the range of the specific mass, scale and character questions. Revisions to basic development standards are anticipated and will be discussed. Where they are relevant, specific numeric code recommendations will be provided, but this will remain a "planning document' in its format and language. That is, the document will not contain specific code language (which would be developed in Step 3, described below). Illustrations will be used extensively in the strategy paper. The strategy paper will also address how the tools may be implemented. Some could be zoning changes that apply to all properties in a zoning class. Others may apply to parcels of specific sizes, or those within specially designated areas. The method of the application of the tools will be part of the recommendations. This element will also consider the administrative requirements to implement the strategy. Minimizing staff and board workloads, and expediting review and decision -making will be key considerations. It will also discuss economic factors. The consultant will also assist in conducting a second community workshop, at which the draft strategy will be presented for discussion. NOTE: The following Step 2 is not to be executed until authorization to proceed is received from the City. Tasks for Step 2: 2.1 Produce strategy report. A. Develop an outline of the strategy paper B. Review outline with staff C. Develop the preliminary draft of the strategy paper Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 11 of 21 D. Review preliminary draft with staff E. Develop public review draft, based on staff comments F. Develop the final report, based on community comments 2.2 Economics analysis A. Prepare economic factors memo a. The Consultant will work with their sub -consultant, Urban Advisors, to prepare an overview of economic factors related to neighborhood character and the potential effects of any proposed actions. B. Present economic factors report a. In a public workshop (described below), the Consultant will present the economic findings. 2.3 Conduct a Peer Panel Discussion The Consultant will assist City Staff in assembling a peer panel (of approximately three people) who have had experience with similar studies. The intent is to have the peer panel share experiences and lessons learned as well as comment on the draft strategy. It is assumed that the peer panel session will be scheduled in conjunction with a public workshop that will be conducted in this step of the project. The panel will be composed of professionals in planning in communities in the region, who may attend in person, and it also may also include others who could participate via telephone or web cam conferencing. 2.4 Conduct Community Meetings for Step 2 The Consultant will participate in these meeting in Step 2: A. Community meetings: a. Neighborhood focus groups (2 meeting) b. Workshop 2a c. Workshop 2b (repeat of workshop 2a) B. Boards and Commissions C. Staff a. Planning and Zoning Board (1 meeting, project update) b. Landmark Preservation Commission (1 meeting, project update) c. City Council (1 study session, to present final report) d. Ad hoc committee (1 meetings, after workshop #2) a. Review draft strategy b. Review final strategy c. Debrief findings from workshop #2 d. Debrief direction from City Council work session Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 12 of 21 The following steps 3 and 4 are optional, and may be executed upon authorization of the City: Step 3. Develop the Tools. The Consultant will assist City Staff in developing the actual tools that will implement the action strategy. City Staff will have the primary responsibility for drafting the proposed code revisions. Revisions to current codes are expected to be a focus, and other tools, such as design guidelines and incentives, may also be developed. Tasks for Step 3: 3.1 Provide samples of language from other communities, as appropriate. 3.2 Review and comment on text generated City Staff. 3.3 Generate new graphics as needed. Some new graphics may be needed, depending upon the actions to be taken in code revisions. These may be used to illustrate interpretation of the draft code language, and will be based on the models generated in the preceding steps, as appropriate. 3.4 Participate in two meetings with staff, to review materials in progress. Step 4. Adopt the Tools. The Consultant will assist staff by attending adoption hearings of the ordinance changes. Task for Step 4: 4.1 Participate in adoption hearings. A. City Council Hearings (2 meetings) B. Landmark Preservation Commission (1 meeting) C. Planning and Zoning Board (1 meeting) Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 13 of 21 EXHIBIT B PROJECT SCHEDULE PROJECT SCHEDULE Completed by: Authorization to Proceed: Mar. 30, 2012 STEP 1: DEFINE THE QUESTION 1.1 Introduce project to the community April 15 1.2. Collect background April 15 1.3 Review system of regulations April 30 1.4 Generate preliminary questionnaire April 30 1.5 Community Meetings Focus groups May 31 Neighborhood workshop(s) May 31 Meetings with officials LPC June 30 ZBR June 30 P&Z June 30 City Council July 24 1.6 Modeling Analyses Model existing context May 15 Model effects of existing codes June 15 Model alternatives June 15 1.7 Visual Survey Draft survey May 1 Final survey June 15 1.8 Step 1 Findings July 5 1.9 Council Study Session (same as in 1.5) July 24 STEP 2: DEVELOP THE STRATEGY 2.1 Produce strategy paper Outline strategy paper TBD Preliminary draft of strategy paper TBD Public review draft TBD Final strategy report TBD 2.2 Economics analysis TBD 2.3 Peer Panel TBD Winter & Company Page 1 2.4 Meetings Boards (as needed) Community workshop #2 TBD Council work session TBD STEP 3: DEVELOP THE TOOLS 3.1 Provide samples and suggestions to staff TBD 3.2 Review and comment on text generated by staff TBD 3.3 New graphics as needed TBD STEP 4: ADOPTION 4.1 Meetings A. City Council (2) TBD B. Landmark Preservation Board TBD C. Planning and Zoning Board TBD Page 2 Winter & Company EXHIBIT C PROJECT BUDGET Step 1: Define the Question 1.1 Introduce project to the community Personnel Rate Hours Amount Subtotal N. Winter $165 2 $330 J. Husband $115 0 $0 A. Bare $85 0 $0 M. Philips $75 8 $600 B. Shears $50 0 $0 $930 1.2 Collect background materials Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Barge $85 5 $425 M. Philips $75 5 $375 B. Shears $50 0 $0 $1,625 1.3 Review system of regulations Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 5 $575 A. Bare $85 5 $425 M. Philips $75 5 $375 B. Shears $50 0 $0 $2,200 1.4 Generate preliminaryquestionnaire Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Barge $85 5 $425 M. Philips $75 20 $1,500 B. Shears $50 5 $250 $3,000 1.5 Community Meetings Personnel Rate Hours Amount Subtotal N. Winter $165 24 $3,960 J. Husband $115 0 $0 A. Barge $85 24 $2,040 M. Philips $75 46 $3,450 B. Shears $50 10 $500 $9,950 1.6 Modeling Analyses Personnel Rate Hours Amount Subtotal N. Winter $165 20 $3,300 J. Husband $115 5 $575 A. Barge $85 20 $1,700 M. Philips $75 80 $6,000 B. Shears $50 5 $250 $11,825 Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 16 of 21 1.7 Visual Survey Personnel Rate Hours Amount I Subtotal N. Winter $165 10 $1,650 J. Husband $115 5 $575 A. Bare $85 20 $1,700 M. Philips $75 40 $3,000 B. Shears $50 20 $1,000 $7,925 1.8 Develop Summary of Findings Personnel Rate Hours Amount Subtotal N. Winter $165 10 $1,650 J. Husband $115 5 $575 A. Bare $85 5 $425 M. Philips $75 30 $2,250 B. Shears $50 10 $500 $6,400 1.9 Council Study Session Personnel Rate Hours Amount Subtotal N. Winter $165 4 $660 J. Husband $115 0 $0 A. Bare $85 0 $0 M. Philips $75 4 $300 B. Shears $50 0 $0 $960 Step 1 Fees 1 $43,815 NOTE: The following Step 2 is not to be executed until authorization to proceed is received from the City. �N 2.1 Produce Strategy Paper Personnel Rate Hours Amount Subtotal N. Winter $165 20 $3,300 J. Husband $115 5 $575 A. Bare $85 30 $2,550 M. Philips $75 80 $6,000 B. Shears $50 30 $1,500 $13,925 2.2 Economics Analysis Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Bare $85 5 $425 M. Philips $75 5 $375 B. Shears $50 1 5 $250 $1,876 Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 17 of 21 2.3 Peer Panel Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Bare $85 10 $850 M. Philips $75 20 $1,500 B. Shears $50 5 $250 $3,425 2.4 Meetings Personnel Rate Hours Amount Subtotal N. Winter $165 20 $3,300 J. Husband $115 0 $0 A. Bare $85 40 $3,400 M. Philips $75 40 $3,000 B. Shears $50 10 $500 $10,200 Subconsultants Rate Hours Amount Subtotal Urban Advisors $150 60 $9,000 $9,000 Step 2 Fees $38,425 Reimbursable Expenses Unit Cost Quantity Amount Subtotal Airfare Urban Advisors x 1 $400 1 $400 Car Rental $75 2 $150 Accommodations $175 2 $350 Meals $75 3 $225 Photography $500 Lump Sum $500 Reproduction $100 Lump Sum $100 Plotting, other technical production $1000 Lump Sum $1,000 Step 2 Expenses $2,725 Total Step 2 Fees + Expenses $41,150 Total Steps 1 & 2 Base Services $84.965 Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 18 of 21 The following steps 3 and 4 are optional, and may be executed upon authorization of the City: ^kn W" 3.1 Provide samples and suggestions Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Bare $85 5 $425 M. Philips $75 8 $600 B. Shears $50 0 $0 $1,850 3.2 Review and comment Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Bare $85 10 $850 M. Philips $75 16 $1,200 B. Shears $50 0 $0 $2,875 3.3 New graphics Personnel Rate Hours Amount Subtotal N. Winter $165 5 $825 J. Husband $115 0 $0 A. Bare $85 10 $850 M. Philips $75 20 $1,500 B. Shears $50 0 $0 $3,175 Step 3 Fees $7,900 s r t 4 a ,uSb�i4.a -x✓tt i, r �"`+�'":r `+�-x 5 •#TM � �". 4.1 Meetings/ earins Personnel Rate Hours Amount Subtotal N. Winter $165 16 $2,640 J. Husband $115 0 $0 A. Bare $85 0 $0 M. Philips $75 4 $300 B. Shears $50 0 $0 $2,940 Step 4 Fees $2,940 Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 19 of 21 Professional: City: With Copy to: Winter & Company City of Fort Collins City of Fort Collins , Purchasing 1265 Yellow Pine Avenue Attn: Peter Wray, Senior City PO Box 580 Boulder, CO 80304 Planner Fort Collins, CO 80522 Attn: Nore Winter PO Box 580 Nore(c winterandcompany.net Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 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 $NA according to the Insurance Requirements attached hereto as Exhibit "D ", consisting of one (1) page. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fee as outlined by the Project Budget included in Exhibit "C", consisting of four (4) pages, which includes reimbursable direct costs. All such fees and costs shall not exceed Forty -Three Thousand Eight Hundred Fifteen Dollars ($43,815.00) for initial work as outlined in Step 1. In addition, the City will Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 2 of 21 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. Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 20 of 21 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 21 of 21 CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder WINTER, NORE V DBA WINTER & COMPANY Address of policyholder Location of operations Description of operations 1265 Yellow Pine Ave. Boulder, CO 80304 SAME The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date i Expiraton Date LIMITS OF LIABILITY (at beginning of policy period) 96-25-0773-1 Comprehensive 01/15/12 01/15/13 BODILY INJURY AND Business Liability PROPERTY DAMAGE ------------- This insurance includes: --------- - -- ® Products - Completed Operations ® Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $1, 000, 000 ® Personal Injury ® Advertising Injury General Aggregate $ 2, 000, 000 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products - Completed $ 1,000,000 ❑ Operations Aggregate EXCESS LIABILITY ❑ Umbrella ❑ Other POLICY PERIOD Effective Date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single UmR) Each Occurrence $ Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY 96-BC-W887-4 Workers' Compensation 4/20/11 4/20/12 and Employers Liability Each Accident $ 1, 000, 000 Disease Each Employee $ 1, 000, 000 Disease - Policy Limit $ 1, oo POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Data ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NPITWPR AVVIDUATIve1 v MAD MEf-wrn.L9 U AMLIN105, EATENDU OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Additional Insured: If any of the described policies are canceled before its expiration date. State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, City of Fort Collins no obligation or liability will be imposed on State Farm P.D. Box 580 or it agents or rapt se taty as. Fort Collins, CO 80522 , ff S nature of Auth rized Represen ve AGENT 03/15/2012 Title Date Agent's Code Stamp AFO Code F912 558.994 a.3 04.1999 Printed in U.S.A. A o® CERTIFICATE OF LIABILITY INSURANCE ATE D03/15//2012) 03/15/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION KELLY EYEN, State Farm Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4770 BASELINE RD, STE 120 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BOULDER, CO 80303 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L___j INSURERS AFFORDING COVERAGE NAIC # INSURED WSURERAState Farm Mutual Auto Insurance Company 25118 WINTER, NORE V & MARY CRAIG DBA: WINTER & COMPANY INSURERB: 1265 YELLOW PINE AVE INSURERC: BOULDER, CO 80304 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVL POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ CLAIMS MADE OCCUR PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENLAGCREGATEUMITAPPLIESPER PRODUCTS-COMP/OPAGG $ PRO- POLICV F JECT LOC A AUTOMOBILE X LIABILITY ANY AUTO 136 3063-D23-06K 10/23/2011 10/23/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1' 000' 000 x BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS x BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 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 CERTIFICATE HOLDER CANCELLATION ADDITIONAL INSURED: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO BOX 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FORT COLLINS, CO 80522 REPRESENTATIVES. KELLY EYEN 132849 03-13-2007 authorize the Professional when to perform the additional work as outlined in Exhibit C Step 2; and, the City may also elect to authorize the optional additional work as outlined in Exhibit C Steps 3 and 4, at the option of the City. 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. 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. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. 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 7303 East & West Side Neighborhoods Character Study Page 3 of 21 request. 10. 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. 11. 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. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 4 of 21 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and.assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. G. 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: Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 5 of 21 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E", consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 6 of 21 ATTEST: City THE CITY OF FORT COLLINS, COLORADO By: L, 4; 4rA-James B. 6Neill II, CPPO, FNIGP ,Wrf(Director of Purchasing & Risk Management DATE: 41--�L —I Z Winter & Company By:�04410ve' 5/00 Title: / "reS t h� CORPORATE PRESIDENT OR VICE PRESIDENT Date: �JI /� / /et ATTEST: / �/'44A (Corporate Seal) Corporate Secretary Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 7 of 21 EXHIBIT A SCOPE OF SERVICES This scope of services describes the tasks to be executed by the Consultant in assisting the City of Fort Collins in identifying the key characteristics of the East Side and West Side Neighborhoods and in defining compatible development and related planning issues in the East Side and West Side Neighborhoods. The fundamental approach is to serve as adjunct to City Staff, providing services that are most appropriate for the Consultant and supporting other work efforts that are more appropriately performed by City Staff. This scope of services is organized into four "steps," which reflect basic milestones in the execution of the project. The first two steps will constitute the base contract for services, and the last two steps may be added, upon authorization of the City. Step 1. Define the Question. In this step, the Consultant will help City Staff summarize existing features of the neighborhoods related to single-family residential mass and scale as well as other related characteristics, review the current regulatory system, characterize recent development trends and then summarize the "question" to address. The intent is to more clearly define the values, issues and concerns of neighborhood residents and refine the range of topics that the study should address. This step will culminate with a working paper that frames the question and sets a direction for the next step in the project. This will include summaries of existing conditions and trends as well as a refinement of the "problem statement." Tasks for Step 1: 1.1 Introduce the project to the community. A. The Consultant will assist staff in generating a one -page, double -sided paper, which the City can use to inform the community about the Neighborhoods Character Study. B. It will include a short summary of the scope of the project, a description of the approach, a basic schedule and contact information. C. This will be designed for mailing, for use as a handout at meetings and for on-line posting. 1.2 Collect background materials and conduct site visit. A. City Staff will collect the following background materials for use by the Consultant: a. GIS data b. Aerial maps c. Regulatory documents d. Staff study materials developed to date (2010 study) e. Peer community research f. Preliminary "problem statement' prepared by the City Council working committee B. The Consultant will identify a range of data layers to be mapped by City Staff. C. The Consultant will conduct a tour of the neighborhoods, guided by City Staff, to gain an understanding of the varying physical conditions and recently development trends. Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 8 of 21 1.3 Review the system of existing regulations. A. City Staff will provide the Consultant with a summary of relevant portions of the Zoning Ordinance and other existing regulatory tools that influence building in the neighborhoods, including: a. Background materials, describing recent trends, existing development projects and other data that describe the type of building that has occurred recently b. Underlying zoning standards and their effects on building mass and scale c. Existing descriptions of neighborhood characteristics and goals statements, as maybe found in recent historic property surreys, planning analyses and neighborhood plans B. City Staff will present these materials in a briefing session with the Consultant team. 1.4 Generate a preliminary questionnaire related to neighborhood planning issues. The consultant will work with staff to craft a preliminary questionnaire that will be used to poll residents of the neighborhoods, on what they value about the places in which they live, and to identify the issues that they feel are important to address in this project. This will be a text - oriented document with limited illustrations. It will address a broad range of topics related to neighborhood planning. A. It will include questions related to a. General demographic information b. Aspects of the neighborhood that are valued c. Issues and needs for the.neighborhood d. Comments on the preliminary "problem statement' prepared by the City Council working committee. e. Key characteristics (including physical, social and cultural aspects) f. Neighborhood resources, such as parks g. General character of the built environment B. This questionnaire will be designed for mailing by the City to all property owners of record in the study area, but it may be distributed by other means as determined by the City. C. Tasks are a. Consultant will develop draft text for the questionnaire. b. Consultant will finalize questionnaire text based on staff comments. c. Staff will distribute the questionnaire to the community. d. Staff will collect and summarize responses to the questionnaire. e. Consultant will assist staff in evaluating the results of the questionnaire. f. Consultant will write up a summary of the questionnaire results. 1.5 Conduct community meetings for Step 1. Consultant will assist in preparing materials for and in conducting a series of meetings with selected community representatives to introduce the project and gain an understanding of issues related to the assignment. One public workshop is planned in Step 1, which will be staged two times to facilitate targeting different members of the neighborhood. Focus groups will be staged to occur on the same day, or pair of days, to the extent feasible. The Consultant will participate in the following meetings in Step 1 of the project: A. Community meetings: a. Neighborhood focus groups (2 groups, 1 meeting each) Professional Services Agreement 7303 East & West Side Neighborhoods Character Study Page 9 of 21