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HomeMy WebLinkAboutRFP - 7481 FORT COLLINS OLD TOWN HISTORIC DISTRICT DESIGN GUIDELINES AND STANDARDS UPDATE (2)RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 1 of 17 REQUEST FOR PROPOSAL 7481 FORT COLLINS OLD TOWN HISTORIC DISTRICT DESIGN GUILDELINES & STANDARDS UPDATE The City of Fort Collins is requesting proposals from qualified firms to develop 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. Proposal submission via email is preferred. Proposals shall submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead of electronic, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), March 15, 2013 and referenced as Proposal No. 7481. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Josh Weinberg at (970) 224-6206 or jweinberg@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Buyer, at (970) 416-2247 or ebonnette@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 2 of 17 gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 3 of 17 REQUEST FOR PROPOSAL 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 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. Qualifications - The firm selected will demonstrate successful experience in a strong understanding of historic preservation philosophies and practices, and in the creation of design guideline documents for historic districts. A resume shall be submitted for each person working on the project, and all personnel must be identified in the proposal. All key personnel shall meet the Secretary of the Interior’s professional qualifications for Historians or Architectural Historians, as identified in the SHF Grant Manual, available online. The Project Manager shall assume ultimate responsibility for project deliverables and will be the primary contact for the project. The SHF, at its discretion, shall have the opportunity to participate in the selection of any consultant hired to conduct any portion of this contract. No member, officer or employee of the City of Fort Collins, including members of the Landmark Preservation Commission, shall have any interests in the agreement or the proceeds thereof, except that such persons may provide technical consultative or oversight assistance in a voluntary capacity. 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 RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 4 of 17 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 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 Products/Deliverables – Design Guidelines Document – In their proposals, the consultant shall provide an outline of chapters to be included in the guidelines and standards document, along with a breakout of topics within each chapter in as much detail as possible. Generally, the chapters shall include introductory, body, and final sections, as well as applicable appendices. Topics shall include, but are not limited to: preservation theory, history of the Historic District and types of buildings within it, the City’s development review process in relation to the District and immediately adjacent area, energy conservation and sustainability, treatments for historic properties, and guidance for new construction within and immediately adjacent to the District. Meetings and Progress Reports - The consultant agrees to provide the City preservation staff with monthly progress reports. The consultant 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 consultant further agrees to meet with SHF staff in person to discuss the methodology of the project, if needed. The consultant will attend three public meetings, to introduce the project and to discuss the results, and conduct one community workshop. Schedule – The consultant will work with City staff to determine an acceptable schedule that meets the product milestones outlined in the scope of work. Submittal Requirements  The City’s intent is to choose the most qualified firm based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed. Of prime importance is the firm’s flexibility in responding to services as requested by City staff during the planning process.  The final scope of services will identify a project schedule, tasks, deliverables, and expected expenditures by task. The scope will also indicate respective responsibilities of the consulting firm and City staff. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 5 of 17 1. Methods and Approach - Describe your expected or recommended approach and tasks. Describe the anticipated interaction with the City and the public. Provide an outline of your anticipated schedule for completing consultant tasks. 2. Deliverables - Provide a list and description of expected deliverables, tools, or other items that you will use to provide services and outcomes of your approach. 3. Qualifications and Experience - Provide relevant information regarding previous experience related to developing a similar Design Guideline and Standard: • Names and location of similar projects (minimum of three) • Name, address, and phone number of public agency reference(s) overseeing the Design Guideline and Standard effort. • Samples (preferably three via a web link or “pdf” files) of work products for similar studies projects from within the last three years. 4. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 6. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. 7. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. 8. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the section “Scope of Work Considerations” or for tasks that are recommended as part of this planning effort. 9. Budget - Provide a proposed budget for the project that shows effort by task and personnel, which include rates. The budget should clearly show time required for meetings and project management. It is expected that this project will be a collaborative effort with City. City staff will be working closely with the successful respondent on all aspects of the study and in some cases leading elements of the study. Within your response please include how you would work with City staff to conduct the study in an effort to save costs wherever possible. RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 6 of 17 Vendor Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: EMERGENCY: BACKUP: Compensation and Contract Process 1. After contract award, progress invoices shall be billed in quarterly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. 2. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. 3. The selected Contractor shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 906-07 Architect Services, Professional 918-15 Architectural Consulting 906-10 Buildings - Architectural Design 918-63 Housing Consulting 906-48 Historical Preservation 918-92 Urban Planning Consulting 918-12 Analytical Studies and Surveys (Consulting) 918-98 Urban Planning Consulting RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 7 of 17 Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 8 of 17 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 9 of 17 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 , 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 ( ) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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 RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 10 of 17 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: Attn: City: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 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 $ . 6. Compensation. [Use this paragraph or Option 1 below.] 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 ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 11 of 17 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. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 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. RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 12 of 17 8. Project Drawings. [Optional] 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 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 RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 13 of 17 operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 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: RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 14 of 17 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 15 of 17 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. 19. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 16 of 17 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7481 Fort Collins Old Town Historic District Design Guidelines & Standards Update Page 17 of 17 EXHIBIT 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.