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HomeMy WebLinkAbout518034 LOGAN SIMPSON DESIGN - CONTRACT - PURCHASE ORDER - 9135944VVY LOGAN SIMPSON DESIGN INC. To: Karen Manci, Fort Collins Natural Areas From: Jeremy Call, Logan Simpson Design Date: October 23, 2013 Subject: Proposed Scope and Fee for Fort Collins Natural Areas Master Plan Update Logan Simpson Design is very pleased to submit a scope and fee to assist the Natural Areas in updating their master plan. We are truly excited to work as an extension of your team and with our city's committed citizens to envision a future direction. As requested, Logan Simpson Design (LSD) would provide assistance to the City on a time and materials, not -to -exceed basis in the following areas: 1. Integration and Interpretation of results from Our Lands - OurF&ure. More than 1,000 Fort Collins residents responded to two Our Lands - Our Future county -wide surveys and the results are already cross -tabulated, providing an efficient and solid public opinion basis for the Natural Areas Master Plan. Appendix A of Our Lands - Our Future provides narrative interpretation and figures analyzing the county -wide results. Logan Simpson would interpret and create graphics highlighting survey results from Fort Collins residents specifically and compare noteworthy differences from the County -wide variables to allow City staff and the public the ability to understand the results in greater detail than their current tabular format. LSD will also provide a staff tutorial on use of the online mapping tool and assist with its application as a tool for the identification of conservation priorities within the planning area, and related assistance. Estimated Cost: $5,000 Primary LSD staff: Jeremy Call 2. Document Preparation LSD will work with City staff assigned to write individual sections of the master plan to integrate sections prepared by multiple authors into 'one voice," provide graphics, maps, and exhibits to highlight key findings and enhance readability as requested. This will also include content review to determine how well the plan responds to identified needs/opportunities as well as the overall quality of the document in relation to similar plans prepared for other communities. Estimated Cost: $10,000 Primary LSD staff: Tom Keith, Jeremy Call, Rebecca Everette (technical writer), Casey Smith (GIS), Jon Altschuld (graphics) 123 North College Avenue, Suite 206 Fort Collins, CO 80524 Phone: (970) 449-4100 Fax: (970) 449-4101 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 4. Professional: City: Logan Simpson Design Inc. City of Fort Collins Attn: Jeremy Call Attn: Karen Manci 123 N College Ave, Suite 206 PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 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. Design Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit B consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. 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 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty -Nine Thousand Eight Hundred Sixty -Two Dollars ($29,862), in accordance with Exhibit A, consisting of two (2) pages, attached hereto and Professional Services Agreement Natural Areas Master Plan Update Page 2 of 12 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 incorporated herein. 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. 6. 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. 7. 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. 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. Professional Services Agreement Natural Areas Master Plan Update Page 3 of 12 DocuSign Envelope ID: BBC BAF46-123D45A1-BC68-C3634D2F9CD6 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 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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 Professional Services Agreement Natural Areas Master Plan Update Page 4 of 12 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 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 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 Aqainst Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: Professional Services Agreement Natural Areas Master Plan Update Page 5 of 12 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 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. 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 Professional Services Agreement Natural Areas Master Plan Update Page 6 of 12 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 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 "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement Natural Areas Master Plan Update Page 7 of 12 DocuSign Envelope ID: BBC BAF46-123D45A1-BC68-C3634D2F9CD6 THE CITY OF FORT COLLINS, COLORADO DocuSigned by: By: A9DOA054C8CB45D- Gerry Paul Director of Purchasing & Risk Management DATE: 10/31/2013 LOGAN SIMPSON DESIGN INC. By: DDocuSigned by y _( Jeremy Call Printed: Senior Environmental Planner Title: Date: 10/31/2013 Professional Services Agreement Natural Areas Master Plan Update Page 8 of 12 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 EXHIBIT A SCOPE OF WORK LOGANfSIMPSON Da1Qi INC To: Karen Manci; Fort Collins Natural Areas From: Jeremy Call, Logan Simpson Design Dote: October23, 2013 Subject: Proposed Scope and Fee for Fort `Collins Natural Areas Master Plan Update Logan Simpson Design is very pleased to submit a scope and fee to assist the Natural Areas in updating their master plan. We are truly excited to work as an extension of your team and with our city's committed citizens to envision a'future direction. As requested, Logan Simpson Design (LSD) would provide assistance.io the City on a time and materials, not -to -exceed basis. in the following areas: 1. Integration and Interpretation of results from Our Lands - Our Future. More than 1,000 Fort Collins residents responded to two Our Lands - Our -Future county -wide surveys'and the results are already cross -tabulated, providing an efficient and solid 'public opinion basis for the Natural Areas Master Plan. Appendix A of Our Lands - Our.Future provides narrative interpretation and figures analyzing the county -wide results.,Logan Simpson would,interpret and create graphics highlighting survey results from Fort Collins residents specifically and compare noteworthy differences from the County-wide.variables to allow City staff and the public the ability to understand the results in greater detail than their current tabular format. LSD will also provide,a staff tutorial on use ofthe online mapping tool and assist with its application as a tool far the identification of conservation priorities within the planning area, and related assistance. Estimated Cost: $5,000 Primary LSD staff: Jeremy Call 2, Document Preparation LSD will work with City staff assigned to write individual sections of the master plan to integrate sections prepared by multiple authors into. "one voice,"- provide graphics; rraps,'and exhibits to. highlight key findings and enhance readability as requested. This will also include content review to determine how well the:plan responds to identified needs/opportunities as well as the overall quality of the document in relation to similar plans prepared for' other communities. Estimated Cost: $10,000 Primary LSD staff: Tom Keith, Jeremy Call, Rebecca Everette (technical writer), Casey Smith (GIS), Jon Altschuld (grdphics) Professional Services Agreement Natural Areas Master Plan Update Page 9 of 12 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 3. Policy/Issue Analysis Provide research and analysis for selected key topics, e.g., best practices for managing boating/tubing carrying capacity, emerging floodplain management issues, healthy living, agricultural preservationi and water rights in relation to natural areas protection. The support would include case studies, comparative analyses, and/or best practices surveys; benchmarking, and performance measures. These efforts would only occur as requested and the budget estimate is a placeholder should these services be needed. Estimated Cost: $ 7,000 Primary LSD staff: Tom Keith, Jeremy Call, Rebecca Everette 4. On -going Coordination LSD staff will attend up to 9 core team meetings and will be an active participant, as well as assisting with agenda and/or materials preparation This will include attendance at the November 191h staff retreat and two public meetings. Estimated Cost: $8,000 Primary LSD staff: Jeremy Call Pricing Schedule �Ber 23, 2D 13 IMKas Iroegration of OLOF Dato PD ulfs aid Document P-Fvs rt as Policy Anallei. os Or Going Coordination Total Hour Cosh Rate Hours Cosh Hour Coss Houn Costs 1-bum .Costs Prtn6pol(Tom K"tlj $175M otvirannerWl flannel IV Gere7ry Ca11( S135.00 Emirormcroul Pb:m o 11(Rcbccca Evcn $75.00 Landscape Daigrrer 11 Von 7JlschAfl $75.50 GIS and Graohi7 11 (C6%ey Smith S78.00 $0 34 $4,590 s0 so 7 $156 16 S7,A00 24 $3,240 16 $1,200 16 51,2U8 16 sl 7dA A S1,400 22 $2,970 30 $7,750 $O s0 s0 60 50,100 $O $O SO 94 $4,70 140 S18,90 46 $3,45 16 $1,208 18 S1,40d TOTAL LA50R- - _.._. _._. __-- .._ .16_: 4,746 _88. _.. _ ;b 6 7:_:_60 ;670...___ __., 8;100 _744ii. _.. 9;762 P,vjscl 6cporse Cost Qty cottl Qty cost QIY cost Qy cost isr. (P.epmclss:tian, prir4s, etc.) 100 s 100.00 •.2w .WIAJMVI 1 U0 51uu.wil PROJECT EXPEH E5 S I00.00 _. :, 5200.00 1_.. 5100.00 Not -to -exceed fee. $29,862.00 Professional Services Agreement Natural Areas Master Plan Update Page 10 of 12 DocuSign Envelope ID: BBC BAF46-123D-45A1-BC68-C3634D2F9CD6 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider'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 Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. 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 Service Provider 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 Service Provider 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 Natural Areas Master Plan Update Page 11 of 12 Page 2 of 2 3. Policy/Issue Analysis Provide research and analysis for selected key topics, e.g., best practices for managing boating/tubing carrying capacity, emerging floodplain management issues, healthy living, agricultural preservation, and water rights in relation to natural areas protection. The support would include case studies, comparative analyses, and/or best practices surveys, benchmarking, and performance measures. These efforts would only occur as requested and the budget estimate is a placeholder should these services be needed. Estimated Cost: $ 7,000 Primary LSD staff: Tom Keith, Jeremy Call, Rebecca Everette 4. On -going Coordination LSD staff will attend up to 9 core team meetings and will be an active participant, as well as assisting with agenda and/or materials preparation. This will include attendance at the November 191h staff retreat and two public meetings. Estimated Cost: $8,000 Primary LSD staff: Jeremy Call Pricing Schedule October 23, 2013 laskas Integration of OLOF Data, Results, and Document Prep/Support asleek Policy Analysis On -Going Coordination Total Rate Hours Costs Hours Costs Hours Costs Hours Costs Hours Cosh Principal (Tom Keith) Environmental Planner IV (Jeremy Call) Environmental Planner II (Rebecca Even Landscape Designer 11 (Jon Altschuld) GIS and Graphics 11 (Casey Smith $175.00 $135.00 $75.00 $75.50 $78.00 $0 34 $4,590 $0 $0 2 $156 16 24 16 16 16 $2,800 $3,240 $1,200 $1,208 $1,248 8 22 30 $1,400 $2,970 $2,250 $0 $0 $0 60 $8,100 $0 $0 $0 24 140 46 16 18 $4,200 $18,900 $3,450 $1,208 $1,404 TOTAL LABOR .36 $4,746 88 $9,696 60:- $6,620 - $8,100 244' . �;829,162 Project fxperuesi Qty Cost 1 Qty Cost Qty Cost Qty Cost Qty Cost Misc (Reproduction, prints, etc) 100 $100.00 200 $200.00 100 $100.00 ''i PROJECT EXPENSES COST 1 $100.001 $200.001 $100.001 $0.00 : -.$700.00 ( TOTAL LABOR & oTHEMIRECT COSTS I..$4,1146MI _ $9,896.001 . - - $6,720.001.. 8; .00 . . Not -to -exceed fee: $29,862.00 We appreciate your trust for this important assignment. Please let us know if you have any questions or need additional information. 123 North College Avenue, Suite 206 Fort Collins, CO 80524 Phone: (970) 449-4100 Fax: (970) 449-4101 DocuSign Envelope ID: BBC BAF46-123D-45A1-BC68-C3634D2F9CD6 EXHIBIT C 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 Natural Areas Master Plan Update Page 12 of 12 DocuSign Envelope ID: BBC BAF46-123D-45A1-BC68-C3634D2F9CD6 OP ID: JC ACORO` `.� OF LIABILITY INSURANCE DATE (1131 /0/31/ 3 Y) MIM/DDCERTIFICATE 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 602-264-5533 Stuckey Ins & Assoc Agencies 5343 N. 16th Street, Suite 110 602-279-9336 Phoenix, AZ 85016 Larry Stuckey CPCU CLU CONTACT PHONE FAX A/C No Ext : A/C No): E-MAIL PRODUCER CUSTOMER ID #: LOGAN-2 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Logan Simpson Design, Inc. 51 W. 3rd St. #450 Tempe, AZ 85281 INSURER A: Phoenix Insurance Company 25623 INSURER B:The Hartford 29424 INSURER c:Travelers Indemnity Company 25658 INSURER D: Travelers Indemnity Co of CT 25682 INSURERE: Hudson Specialty Insurance 37079 INSURER F : 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MM/DD/YYVY) POLICY EXP (MMIDDIYYYYI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 111 OCCUR X Blkt Contractural X 680-56931_900 NO DEDUCTIBLE 07/01/13 07/01/14 EACH OCCURRENCE $ 2,000,00 PREMISES Ea occurrence S 300,00 MED EXP (Any one person) S 10,000 PERSONAL B ADV INJURY $ 2,000,00 GENERAL AGGREGATE S 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PROT LOC POLICY X JEC PRODUCTS - COMP/OP AGG S 4,000,00 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS No Deductible X 59UECAT4585 07/01/13 07/01/14 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per.person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ X X $ X $ C UMBRELLq LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP7322Y888 07/01113 07/01/14 EACH OCCURRENCE $ 5,000,00 X AGGREGATE S 5,000,00 DEDUCTIBLE RETENTION $ 10000 $ X $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N OFFICERIMEMBER EXCLUDED? (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS belo NIA UB7264Y844 AZ UT UB3418T122 NV I 07/01/13 07/01/13 07/01/14 07/01/14 X VvCSTATU- OTH- T RY LIMIT R E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEd $ 1,000,00 E.L. DISEASE - POLICY LIMIT I S 1,000,00 E Prof Liability Deductible $50,000 ESB2553131203 07/01/13 07/01/14 Per Claim 2,000,00 Aggregate 4,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space is required) Professional Liability - Claims Made - Retro Date 08/23/96 Re: Fort Collins Natural Areas Master Plan Update / LSD No: 135522 The City of Fort Collins, its officers, agents and employees are additional insureds as per written contract as respects to general and auto liability. V Gf\IIrINMIL nVLULfI Ii NI MLLH IIVIY CZFOR-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE 'C ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 t� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. DocuSign Envelope ID: BBC BAF46-123D-45A1-BC68-C3634D2F9CD6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF ;fNSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which -covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance"' -with" such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 001838 DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you -are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission RESERVE POLICIES 5.1. POLICY STATEMENT The accumulation of reserves protects the City from uncontrollable increases in expenditures or unforeseen reductions in revenues, or a combination of the two. It also allows for the prudent financing of capital construction and replacement projects. 5.2. TYPES OF RESERVES The City of Fort Collins maintains reserves that are required by law or contract and that serve a specific purpose. These types of reserves are considered restricted and are not available for other uses. Within specific funds, additional reserves may be maintained according to adopted policies. All expenditures of reserves must be approved by Council. This may occur during the budget process or throughout the budget year. a. GENERAL FUND Restricted for Emergencies - This reserve is required under Article X, Section 20 of the State Constitution. This reserve can only be used for declared emergencies. Three percent or more of the City's fiscal year spending, less bonded debt service must be reserved Designated for Affordable Housing - This reserve is restricted for affordable housing use. City Council may appropriate funds for affordable housing purposes. Funds appropriated for the promotion of affordable housing and not expended during the year shall lapse to the Affordable Housing Reserve. Any appropriation from this reserve shall be restricted for the purpose of affordable housing. Designated for Contingencies - This reserve is what is left after all the other reserves and designations are calculated. It is available for the financing of any needs deemed appropriate by the City Council. Monies held in this reserve may be appropriated during the current budget year and may also be used for the ensuing budget years as a financing source if projected expenditures needed to maintain appropriate levels of service exceed projected revenues. Of all General Fund reserves, this is the most flexible. 60 Day Liquidity Goal - The Designation for Contingency should be at least 60 days (17%) of the subsequent year's originally adopted budgeted expenditures and transfers out. The calculation for the minimum level shall exclude expenditures and transfers out for large and unusual one-time items. b. SPECIAL REVENUE FUNDS Examples of special revenue funds are: Transportation Services Fund, Natural Areas Fund, Cemetery Fund, Cultural Services & Facilities Fund, Perpetual Care Fund, Recreation Fund, Street Oversizing Fund, and the Transit Services Fund. The fund equity of special revenue funds is classified as reserved or unreserved. Unreserved portions may be classified as either designated or undesignated. Designated fund balances represent amounts identified by management for future use. Reserved fund balances indicate that portion of fund equity, segregated for future use, which are legally required to be segregated in accordance with legal and contractual provisions. Fund managers are allowed to identify fund equity designations (unreserved) provided resources are available in excess of the fund equity used to fulfill reserved balances and those designations determined by policy. Designated for Operations — This reserve designation is established to provide for unforeseen revenue losses. If something happens to the economy, there is flexibility without worrying that current expenditures will exceed the total revenue available. The revenue reserve is calculated, as a minimum, at an amount equal to 2% of projected operating expenditures by fund. The Operations Reserve is not appropriated as part of the annual budget, but may be utilized at the end of the fiscal year, if necessary. C. DEBT SERVICE FUNDS Debt service funds are generally not expected or managed to carry any fund balance reserves. Their function is to make debt payments, and receive transfers from other funds to cover the payments, or collect special revenues dedicated for debt service. d. ENTERPRISE FUNDS Enterprise funds use full accrual based accounting. Their Equity or Fund Balance on a balance sheet is referred to as Net Assets. In general, Net Assets are subdivided into three areas, somewhat based on increasing levels of liquidity. The first division is Nets Assets Invested in Capital Assets, less Related Debt. This class of Net Assets is not liquid at all, and hence not subject to appropriation. The second division is Nets Assets Restricted to Debt Service. This class of Nets Assets, if it exists at all, is imposed by debt covenants. Although each covenant is unique, it commonly equals the next year's debt service payments. The last division is Unrestricted Net Assets, which ultimately is the remaining after the other two divisions are satisfied. It is this class of net assets that the following policies address. Electric Utility The following policies pertain to the electric utility -Light and Power Fund. Since the utility is debt -free, these policies pertain primarily to maintenance of reserves. The utility shall be operated: 1. To provide an operating reserve equal to 8% of budgeted operating expenditures, excluding the cost of purchased power; 2. To provide a future capital improvements reserve in an amount equal to the average annual cost (excluding debt financing) of the approved five-year capital improvement plan, considering any changes which, from time to time, may be made in such plan; 3. To provide a purchase power reserve up to approximately 25% of the annual revenue from the sale of electrical energy. This reserve shall be used to partially off -set, defer, or mitigate the impact of purchase power cost increases due to factors such as federal power issues. Significant changes to the 25% level shall be reported to the Council during the budget process; 4. Capital Outlay Reserve — at an amount needed to maintain capital assets and equipment reserve at an amount equal to the capital asset replacement schedule; 5. Priority for the accumulation of reserves shall be as follows: reserves shall first be accumulated in the operating reserve, second in future capital improvements reserve, third in the purchase power reserve. In addition, 1% of specified capital project appropriations shall be reserved and restricted for the City's Art in Public Places program. After reserves are funded, any remaining working capital shall be added to the purchase power reserve. Water Utility The following policies pertain to the water utility -Water Fund Flow of Funds The City has committed to maintain rates and charges sufficient to generate sufficient "net revenues" of the water system to pay principal and interest on its water revenue bonds and general obligation water bonds. Net revenues include all revenues referred to above, less operation and maintenance (O&M) expenses. O&M expenses are those expenses necessary to operate, maintain, and repair the water system, but do not include any allowance for depreciation or capital replacements and improvements. After all O&M expenses are paid, the remaining net revenue is pledged to pay the revenue bonds principal, interest, and related costs. After all O&M and debt services expenses are paid, the City is required to maintain the following revenue bond accounts: 1. Principal and Interest Reserve - at an amount equal to the accrued principal and interest on the water revenue bonds; or 2. Debt Service Reserve - at an amount specified in the bond ordinances Any remaining net revenues of the Water Fund may be used for any lawful purpose. These are used, in part, to fund major and minor capital improvements and the following reserves: 1. Operating Reserve - at an amount equal to 5% of the projected operating revenue for the ensuing year; 2. Water Rights Reserve - at an amount equal to the amount of cash in -lieu -of water rights payments and raw water surcharges less any expenditures for acquiring water rights; 3. Art in Public Places Reserve - at an amount equal to 1 % of eligible capital projects whose appropriations exceed $250,000; 4. Capital Outlay Reserve — at an amount needed to maintain capital assets and equipment reserve at an amount equal to the capital asset replacement schedule; 5. Capital Projects Reserve - at an amount equal to remaining working capital after all other reserves are satisfied. Wastewater Utility The following policies pertain to the wastewater utility -Wastewater Fund. Flow of Funds The first charge against Wastewater Fund revenue is operation and maintenance (O&M) expenses --those expenses necessary to operate, maintain, and repair the sewer system. After all O&M expenses have been paid, the remaining net revenue is pledged to pay the sewer revenue bonds principal, interest, and related costs. After all O&M and debt services expenses are paid, the City is required to maintain the following reserve accounts (listed in pledge order): 1. Principal and Interest Reserve - at an amount equal to the accrued principal and interest on the sewer revenue bonds; or 2. Debt Service Reserve - at an amount specified in the bond ordinances. 3. Wastewater Bond Capital Reserve - at an amount equal to 25% of the O&M expenses budgeted for the fiscal year. Any remaining net pledged revenues of the Wastewater Fund may be used for any lawful purpose. These are used, in part, to fund major and minor capital improvements and the following reserves: 1. Operating Reserve - at an amount equal to 5% of the projected operating revenue for the ensuing year; 2. Art in Public Places Reserve --at an amount equal to 1 % of eligible capital projects whose appropriations exceed $250,000; 3. Capital Outlay Reserve — at an amount needed to maintain capital assets and equipment reserve at an amount equal to the capital asset replacement schedule; 4. Capital Projects Reserve - at an amount equal to remaining working capital after all other reserves are satisfied. Stormwater Utility The following policies pertain to the stormwater utility - Storm Drainage Fund. Flow of Funds The first charge against Storm Drainage Fund revenue is operation and maintenance (O&M) expenses -those expenses necessary to operate, maintain, and repair the storm drainage system. After all O&M expenses have been paid, the remaining net revenue is pledged to pay the storm drainage revenue bonds principal, interest, and related costs. After all O&M and debt service expenses are paid, the City is required to maintain the following reserve accounts (listed in pledge order): 1. Principal and interest reserve -at an amount equal to the accrued principal and interest on the storm drainage revenue bonds; 2. Debt service reserve -at an amount specified in the bond ordinances. Any remaining net pledged revenues of the Storm Drainage Fund may be used for any lawful purpose. These are used, in part, to fund major and minor capital improvements and the following reserves: 1. Operating Reserve --at an amount equal to 5% of the projected operating revenue for the ensuing year; 2. Art in Public Places Reserve - at an amount equal to 1% of eligible capital projects whose appropriations exceed $250,000; and 3. Capital Outlay Reserve — at an amount needed to maintain capital assets and equipment reserve at an amount equal to the capital asset replacement schedule; 4. Capital Projects Reserve - at an amount equal to remaining working capital after all other reserves are satisfied. Golf Fund Designated for Operations — This reserve designation is established to provide for unforeseen revenue losses. If something happens to the economy, there is flexibility without worrying that current expenditures will exceed the total revenue available. The revenue reserve is calculated, as a minimum, at an amount equal to 2% of projected operating expenditures by fund. The Operations Reserve is not appropriated as part of the annual budget, but may be utilized at the end of the fiscal. year, if necessary. e. INTERNAL SERVICE FUNDS Internal Service funds account for certain support services provided to other funds. By imposing charges to the users of the services, they recover their costs. The City's Internal Service Funds are used to account for the City's fleet maintenance (Equipment Fund), management information services and communication services (Data and Communications Services Fund), self-insurance of employee health care and other employee benefits (Benefits Fund), and a risk management insurance program (Self Insurance Fund). Accounting guidelines strongly encourage internal service fund to charge only enough to the recovery of the cost of the service, including depreciation, rather than making a profit. However, in certain situations it is appropriate to establish fund balance reserves policies. For example, customer -approved master plans and independent third -party actuarial reviews (Benefits Fund and Self Insurance Fund) guide the level of reserves. Designated for Operations — This reserve designation is established to provide for unforeseen revenue losses. If something happens to the economy, there is flexibility without worrying that current expenditures will exceed the total revenue available. The revenue reserve is calculated, as a minimum, at an amount equal to 2% of projected operating expenditures by fund. The Operations Reserve is not appropriated as part of the annual budget, but may be utilized at the end of the fiscal year, if necessary. DocuSign Envelope ID: BBCBAF46-123D-45A1-BC68-C3634D2F9CD6 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and LOGAN SIMPSON DESIGN INC, 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 two (2) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. 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 September 30, 2014. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least 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 Natural Areas Master Plan Update Page 1 of 12