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HomeMy WebLinkAbout124699 WINTER & COMPANY - CONTRACT - RFP - 7481 FORT COLLINS OLD TOWN HISTORIC DISTRICT DESIGJ f 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 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: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) 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 Project Timeline contained within Exhibit "A", consisting of seven (7) pages, and referenced above. 3. Contract Period. This Agreement shall commence May 1, 2013, and shall continue in full force and effect until March 1, 2014, 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 Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 1 of 16 2. Submit workshop summary D. Step 4 - Final Document 1. Develop Final Draft document 2. Develop Final document 3. Present the Final Design Guidelines to the Landmark Preservation Commission and to City Council for adoption Meetings and Progress Reports - The Professional agrees to provide the City preservation staff with monthly progress reports. The Professional also agrees to meet with City of Fort Collins preservation staff prior to the start of the project, and as needed during the project. The Professional further agrees to meet with SHF staff in person to discuss the methodology of the project, if needed. The Professional will attend three public meetings, to introduce the project and to discuss the results, and conduct one community workshop. Professional's Project Timeline: Step 1. Assess Existing Conditions and Startup 1.1 Review background materials. June 2013 1.2 Conduct logistical meetings with City & State. June 2013 1.3 Tour the project area. June 2013 1.4 Conduct study session with HPC. June 2013 1.5 Develop the outline. July 2013 Deliverable: Outline of design guidelines July 2013 Step 2: Develop Draft #1 of the Design Guidelines 2.1 Develop Draft #1 of the Design Guidelines. Sept. 2013 2.2 Review Draft #1 of the Design Guidelines with the HPC. Oct. 2013 Deliverable: Draft #1 of design guidelines Oct. 2013 Step 3: Public Outreach 3.1 Conduct community workshop, to include property owners, Downtown Development Authority and Downtown Business Assoc. Nov. 2013 3.2 Submit workshop summary. Nov. 2013 Deliverables: Workshop exercises Nov. 2013 Workshop summary Nov. 2013 Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 10 of 16 Step 4: Develop Final Document 4.1 Develop final draft 2a document for review with Staff. Dec. 2013 4.2 Develop final document. Jan. 2014 4.3 Present the final design guidelines to the HPC and to City Council for adoption. Feb.4, 2014 Deliverables: Draft 2a of design guidelines Final design guidelines document Professional's Project Methodology: Keys to Successful Design Guidelines From Professional's experience, design guidelines will be successful if they have these features: • They have a solid policy base. • They are synchronized with other regulations and incentive programs. • They address the range of improvement categories that are anticipated. • The process is educational, while also engaging the community in meaningful ways. • The guidelines reflect best practices in preservation and urban design. • The guidelines are tailored to the district's resources. • They are tested, using case studies. • They clearly convey the community's expectations. • They support a review process that is fair and predictable. Integrated Systems Approach Professional will use an integrated approach, incorporating the areas of interest that the City describes in its RFP, and consider how the guidelines fit within the broader policy and regulatory system of the City. Reverse Engineering The guidelines must anticipate a variety of improvements that may be proposed in the coming years. As a part of the process, therefore, Professional will work with the community to identify a range of potential project types that may arise in the future, and then "reverse engineer" the guidelines to address them. Design for the User The guidelines should be easily accessible to a wide range of users. At the outset, property owners should be able to use the document to help them establish an appropriate direction for an improvement project. Then, City staff and preservation commission members should be able to easily reference relevant guidelines when evaluating proposals. Finally, the community at large should be able to visualize the potential character for development in the area. We also use a variety of "helpers" to guide users through the document. These include diagrams and flow charts that indicate which guidelines may apply to certain types of projects. Professional will also use tables to summarize prescriptive standards and requirements. Guideposts and cross-references also point to other relevant sections and even to other codes. Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 11 of 16 Outreach We Build Community Support In developing the design guidelines Professional will focus on Old Town Historic District's unique needs and characteristics. To assure successful implementation, Professional believes that the process is as important as the product itself. It is an opportunity to build understanding and support. This is essential, because many people must feel that the result is theirs if they are going to use the guidelines on an ongoing basis. We Engage the Community A key part of developing a plan that is action -oriented is to actively involve major stakeholders as well as the general public. Professional will conduct a series of on -site interviews, focus groups and public workshops to gain an understanding of existing conditions and to define guidelines concepts. These will include exercises that are designed to actively engage participants. Focus Groups These are small meetings with representatives of common interests. This provides a time for those with a particular viewpoint to convey their ideas. These also may be more technical in nature, such as with the building community. The Advisory Group will help identify focus groups that would be appropriate. Personal Interviews These meetings are used for key individuals whose advice is critical to the success of the project and who may not be able to attend group meetings. They may address implementation strategies as well as specific design issues. Telecommunications Professional will use video conferencing technologies through the internet to facilitate interim meetings. Project Web Page The City's project web page will serve as a key channel for communication. Professional will provide materials throughout the process that will help to stimulate comments. Web content to be provided: • Project introduction flyer • Summary of existing conditions • Vision summary • Guidelines outline • Strategy report • Draft design guidelines • Final Draft Cost Effectiveness Professional will strive to manage costs and find efficiencies wherever possible. Wherever savings are achieved, Professional will work with staff to assign those funds to enhancing the quality of the document. These are some key saving strategies: Working Efficiently Professional's on -going engagement with Old Town gives us an understanding of design issues Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 12 of 16 and district assets that enables us to start working immediately on the actual content of the preservation guidelines. Professional also retains photographs from the original guidelines project, as well as progressive documentation of changes that have occurred since their adoption. Professional will bring these materials to the project to expedite the process while also augmenting the basic core materials that are requested. Essentially, Professional saves the City on a research phase that otherwise would be necessary. In a similar manner, Professional will retain an extensive photographic file from other communities, which they can draw upon for illustrating the design guidelines, again at no added cost to the project. Including Staff as Team Members Professional considers City staff members of our team, and will draw upon them to provide information that will enhance the guidelines document and to assist in project administration and in conducting work sessions with the HPC. Professional will draw upon staff to help draft historic overview material, to describe key features of existing conditions and to draft text the historic building styles found in Old Town. This will enable Professional to focus on guidelines content, illustrations and document production. Expedited Draft Sequencing In order to save on costs, Professional will also will move from a preliminary draft to a final report. To do so, Professional will work closely with staff to develop a preliminary draft that is suitable for review by the preservation commission, and work to assure that all comments and edits received about the draft are consolidated and reviewed as a team and clearly understood before we execute the final document. Strategic Public Involvement Since this is an update to guidelines that are already in place, the broader community discussions about the purpose of the district and general goals for it are already known. As such, Professional will use meeting times strategically, focusing on interviews with property owners, downtown representatives and meetings with the preservation commission. Professional's Personnel assigned to this Project: Nore Winter will serve as the principal in charge and project director for this assignment. He will conduct much of the overall conceptualization of the guidelines, facilitate key meetings and direct public presentations. Julie Husband, Design Studio Director, will serve as project administrator and team manager. As senior designer she is responsible for overseeing the design studio staff. Abe Barge, Associate Planner and Designer, will assist with in-house concept development and report production. He developed design guidelines for Ann Arbor, Michigan, and Galveston, Texas. Additional Goals for this Project: A More User -Friendly Document While the design guidelines are to be a regulatory document, they also should be educational, helping to convey the City's expectations for the area, and assisting property owners in planning appropriate approaches for their projects. To that end, more user-friendly devices also should be introduced. Illustrations that convey intent, more topic headings, checklists and tables are Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 13 of 16 examples of tools that Professional will include. Sustainability The historic district can play a major role in promoting sustainability policies in all three categories: social, economic and environmental. The design guidelines can address this in several ways. The fundamental principles may be included in an introductory section, and the basic benefits of retaining historic materials can be included in the rehab guidelines. Other principles of building orientation and massing can be included in guidelines for. new construction. These will extend beyond technologies, although they too will be addressed. Professional pioneered incorporating sustainability into preservation guidelines, and the National Trust for Historic Preservation published their book on the topic in February 2011. 2. Additional services related to the Old Town Design Guidelines Update Project as agreed by the City and the Professional: These additional services will provide design guidelines for the downtown River District. The budget for this Part #2 Additional Services will not exceed $19,850.00. Considerations and Assumptions: Added scope: The scope of work is being modified to add development of design guidelines for the Downtown River District. This area overlaps with a portion of the Old Town National Register Historic District, and abuts the northern edge of the locally designated historic district, which is defined by Jefferson Street. Added project boundaries The approximate boundaries of the River District project are: • North: The Cache La Poudre River • East: E. Lincoln Avenue • South: Jefferson Street • West: College Avenue Assumptions: 1. The development of the Old Town guidelines and the River District guidelines will be conducted as a single project. 2. Savings and efficiencies will result from: a. The sequence of developing two drafts (a first draft and a final draft) remains the same. b. Draft materials for the Old Town historic district and the River District will be delivered concurrently (although there may be some flexibility, if the River District guidelines do evolve as a distinct chapter, the documents could be delivered in phases). c. Work sessions with the LPC will be the same. d. Preliminary analysis materials developed by the city provide a solid starting point. e. The community workshop to review the draft guidelines, as defined in the original proposal, will include discussions of the river district, as a breakout group. 3. Additional work effort will include: Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 14 of 16 a. Additional text and graphics i. This will be focused on generating an additional section, or chapter, to address design in the River District, primarily related to new construction and site improvements. ii. Some new material in the main body of the preservation guidelines, to address the additional historic building types found in the River District, but which are not present in the Old Town local historic district. b. Public process i. One additional commission work session, presumably with the Planning and Zoning Board will be included. ii. A round of focus group meetings with river district interest groups will be added. Tasks: Step Al: Assess Existing Conditions & Start-up 1.1 Review background materials for the River District 1.2 Conduct logistical meetings with City staff 1.3 Tour the River District project area 1.4 Conduct study session with Landmark Preservation Commission (concurrent with Old Town DGs session) 1.5 Finalize approach for coordinating River District DGs with Old Town DGs 1.6 Develop the outline for the River District DGs Step A2: Develop Draft #1 of the River District Guidelines 2.1 Conduct interviews and focus group meetings 2.2 Develop Draft #1 of the River District Design Guidelines chapter 2.3 Review Draft #1 of the River District Design Guidelines with the LPC (concurrent with the Old Town DGs) 2.4 Review Draft #1 with the P&Z Commission Step A3: Conduct joint workshop on Old Town and River District Design Guidelines 3.1 Conduct community workshop, to include property owners, Downtown Development Authority and Downtown Business Association and the LPC. 3.2 Submit workshop summary. (Additional workshop prep and summary time only) Step A4: Develop Final Document 4.1 Develop final draft document 4.2 Present final document 4.3 Submit final Design Guidelines to Landmark Preservation Commission and to City Council for adoption. Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 15 of 16 EXHIBIT B CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor 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 Contractor has agreed to perform, the Contractor 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 Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor 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 Contractor 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor 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 Contractor understands and agrees that the City's remedies at law for a breach of the Contractor'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 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 16 of 16 A� �® CERTIFICATE OF LIABILITY INSURANCE DYM �05107`�n0 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemem. A statement on this Certificate does not confer fights to the cedifieate holder In lieu of such andorsemerhgs). PRODUCER Helen L. Wagner Insurance Agency, Inc- 5360 Arapahoe Ave, Ste A-1 fi: Michelle Griffin PHONE 303-442-78,14 FAx N 1 AD steererm Boulder, CO 80303-8105 �- INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: State Farm Fee and Cesuafty Company INSURED Winter, NOre V INSURER B: INSURER C : dba Winter & Company INSURER D: _ 1265 Yellow Pine Ave Boulder, CO 80304-2264 INSURER E: INSURER P : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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. TYPE OF INSURANCE ADM sum ICYNUMBER POLICY nn POLICYEXP LIMBS A OMER"LIABAlTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y 96-25-0777-1 OV15=18 01115=14 EACH OCCURRENCE f 1.0w,000 PREMISES Ea aoaerenca S MEDEXP(Anywepe ) f 5,000 PERSONAL SADV INJURY f 1,000,000 GENERAL AGGREGATE f 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY D LOC PRODUCTS - COMP/OP AGG f f AUTOMOBILE 11AIlalTYINGLE ANY AUTO ALL OSSWlEO AUTOS AUTO HIRED AUTOS AUTOSNONNED El F (Ea COMBINED LIMIT a f BODILY INJURY(Pm pem ) S BODILY INJURY (Pa acddanl) S PRwO DAMA S 8 UMBRELLA LIA9 EICESSLIAS HoCcuR CLAI,IS,MADE EACH OCCURRENCE f AGGREGATE f DID I I REnf A 1102KERS LD F2IPLOY�FAS'LIARUJI'Y ANY PROPRIETOMPARTNERIEXECUNYIN OFFICEIMEM19ER EXCLUOEV/ VE lumdarrm Rll) tt T{D, deWme,aNu NIA 96-SX-Mis" 0412owll 04120=14 VNC STa111 ICU - E.L.EACH ACCIDENT IS 1,000,000 E.L DISEASE -FA EMPLOYE S 1,000,000 EL DISEASE -POLICY LIMIT i 1.000,000 DESCRUmON OP OPFAATIONS I LOCATIONS I ViaDCLES (ALhKh ACORD 101, AdmUmRl RamerlR SrJAemde, R more epam le rwAdrea) Additional Insured: The City of Fort Collins 281 North College Ave Fort Collins, CO 80524-2404 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNOMMED REPRESENTATIVE All rinhha ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 Professional: City: With Copy to: Winter & Company City of Fort Collins City of Fort Collins Attn: Nore Winter Attn: Joshua Weinberg, City Attn: Purchasing Dept. 1265 Yellow Pine Avenue Planner, Historic Preservation PO Box 580 Boulder, CO 80304 PO Box 580 Fort Collins, CO 80522 nore@winterandcomgany.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. 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 Forty -Three Thousand Five Hundred Thirty Dollars ($43,530.00) including reimbursable direct costs. All such fees and costs shall not exceed Forty -Three Thousand Five Hundred Thirty Dollars ($43,530.00) for part #1 Original Project as outlined in Exhibit "A" Scope of services. 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 Nineteen Thousand Eight Hundred Fifty Dollars Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 2 of 16 I Y ($19,850.00) including reimbursable direct costs. All such fees and costs shall not exceed Nineteen Thousand Eight Hundred Fifty Dollars ($19,850.00) for part #2 Additional Services as outlined in Exhibit "A" Scope of services. 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. 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 hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 3 of 16 I 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. 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, Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 4 of 16 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. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 5 of 16 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. 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. Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 6 of 16 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) pages, attached hereto and incorporated herein by this reference. fF \t�ct L-A� . i rR1�lzi' F� l4 Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 7 of 16 THE CITY F RT 70LORADO By: G rry Pa Director of Purchasing & Risk Management DATE: 5 // 3 Z13 WINTER & COMPANY By: Title: / 1�Lim (- pa � CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: p, J UL,(Corporate Seal) Corporate Secretary ELISABETH SHEARS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014004888 MY COA�IISSION EXPIRES MARCH & 2017 Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 8 of 16 EXHIBIT A SCOPE OF SERVICES 1. Original Project as described in RFP 7481 Fort Collins Old Town Historic District Design Guidelines and Standards Update: Project Description - This project consists of the development of a set of comprehensive and defensible standards and guidelines for Fort Collins' Old Town Historic District. This standards and guidelines document will be used to educate property owners, and to guide staff and the City's Landmark Preservation Commission in their review of alterations, additions and new construction, both within and adjacent to the Old Town Historic District. The district was listed in the National Register of Historic Places in 1978, and designated as a Fort Collins Landmark District in 1979. The commercial center of early Fort Collins, the historic district contains 60 properties constructed principally in the late nineteenth century. In addition to federal standards, design review standards for the district currently consist of basic design guidelines that were adopted as standards in 1981. There are many areas of preservation that are not addressed in our current standards and guidelines document. New standards and guidelines are needed to address appropriate design, materials and techniques within the District, as well as to provide a framework for addressing the compatibility of new construction, both within the District and immediately adjacent to the District. These new standards and guidelines also need to address current preservation philosophies and practices, as well as emerging trends, such as sustainability and energy efficiency. This project is being funded by a Colorado State Historical Fund (SHF) grant plus matching funds from the City of Fort Collins. The budget for this Part #1 Original Project will not exceed $43,530.00. Project Area — The project area encompasses both the Old Town Fort Collins Landmark District as well as the Old Town Fort Collins National Register District. Roughly, the project area is bound by College Avenue to the west, Mountain Avenue to the South, and Jefferson Street to the North. The National and State Register Districts also include the portion of Linden Street Jefferson Street to Willow Street. Scope of Work — The project will generally follow the scope listed below: A. Step 1 - Assess Existing Conditions and Startup 1. Review background materials 2. Conduct logistical meetings with the City & State 3. Tour the project area 4. Conduct study session with preservation commission 5. Develop the outline B. Step 2 - Draft 1 of the Guidelines 1. Develop Draft #1 of the Design Guidelines 2. Review Draft #1 of Design Guidelines C. Step 3 — Public Outreach 1. Conduct community workshop, to include property owners, the Downtown Development Authority and Downtown Business Association Professional Services Agreement RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 9 of 16