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532500 TOOLE DESIGN GROUP LLC - CONTRACT - RFP - 7559 BICYCLE PLAN UPDATE (2)
Professional Services Agreement 7559 Bicycle Plan Update Page 1 of 24 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 Toole Design Group, LLC, 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 eleven (11) 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. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence December 16, 2013, and shall continue in full force and effect until December 31, 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 DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 2 of 24 and sent to the following addresses: Professional: City: Copy to: Toole Design Group, LLC Attn: Bill Schultheiss, P.E., Project Manager 8484 Georgia Avenue, Suite 800 Silver Spring, MD 20910 wschultheiss@tooledesign.com City of Fort Collins Attn: Tessa Greegor, Bikes Program Manager PO Box 580 Fort Collins, CO 80522 tgreegor@fcgov.com 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 $1,000,000, in accordance with Exhibit “D”, consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fee not to exceed the amount of One Hundred Fifty-Five Thousand Nine Hundred Twenty-One Dollars and Thirty-Eight Cents DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 3 of 24 ($155,921.38) which includes reimbursable direct costs, in accordance with Exhibit “C” Compensation, consisting of two (2) pages, and incorporated herein by this reference. 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. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 4 of 24 10. Subcontractors. Professional 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 Professional. 11. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 5 of 24 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: 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 DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 6 of 24 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 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 DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 7 of 24 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. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 8 of 24 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney TOOLE DESIGN GROUP, LLC By: __________________________________ Printed: ______________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Vice President William Schultheiss 12/13/2013 12/18/2013 Professional Services Agreement 7559 Bicycle Plan Update Page 9 of 24 EXHIBIT A SCOPE OF WORK TASK 0: ONGOING TASK – PROJECT MANAGEMENT AND QUALITY CONTROL Professional will manage and coordinate all work on this project and maintain regular communication with the City of Fort Collins project manager and other key staff. It is anticipated that project team meetings between the Professional and the City will be scheduled approximately every two to four weeks. These meetings will be held via conference call, in person if Professional’s team members are in Fort Collins for other meetings associated with this Plan, or in person for Colorado-based staff if the City’s project manager deems it appropriate. This schedule will be shown in the Work Plan (see Task 1). Professional will provide quality control for all deliverables, and will prepare monthly written progress reports summarizing the work performed in the previous month, upcoming tasks, and any issues or opportunities that have arisen. Deliverables: Meetings with City Staff (14) Progress Reports and Invoices TASK 1: WORK PLAN AND PUBLIC INVOLVEMENT PLAN Professional’s team will begin the project with a kickoff meeting (via telephone) with City staff to refine the overall objectives for the 2014 Bicycle Plan. This will also provide an opportunity to identify key stakeholders and user groups, as well as key institutional issues that should be addressed to ensure proposed projects can be implemented within available fiscal constraints. Professional will prepare a detailed Draft Work Plan and Draft Public Involvement Plan that address the following: Work Plan: this will provide a refined scope of work with detailed study tasks, goals and objectives, and a detailed project schedule covering key milestones and deliverables. The work plan will also provide a detailed staffing plan that defines consultant and City staff roles, as well as the involvement of the Technical Advisory Committee (TAC) and Bicycle Advisory Committee (BAC). Public Involvement Plan: this will detail our strategy for reaching the broad audiences that this Plan must reach, including engaging the public and key stakeholders through traditional public meetings, online interactive mapping tools, and small group meetings. The plan will also incorporate public involvement efforts such as attendance at community events, bike rides with TDG, or school visits. Deliverables: Draft Project Work Plan Draft Public Involvement Plan TASK 2: VISION, GOALS, OBJECTIVES AND POLICY FRAMEWORK Professional’s team will work with City staff, the TAC, the BAC and the City Council to draft the Plan vision, goals, objectives and guiding policy framework. Professional envisions conducting a visioning workshop with the TAC early in the planning process to identify key elements for consideration, and to discuss how the City’s Triple Bottom Line framework can be incorporated. Based on the results of the workshop, Professional will develop an initial draft vision, goals, DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 10 of 24 objectives and policy framework for review by City staff and the TAC. Based on their feedback, Professional will make revisions to the initial draft vision memo and produce a final draft vision statement memorandum for the BAC, Council, and public review. If necessary, Professional will modify the Project Work Plan and Public Involvement Plan based on feedback from the visioning workshop and staff feedback. Deliverables: Visioning Workshop Materials Vision Statement Memorandum Final Project Work Plan Final Public Involvement Plan TASK 3: EXISTING CONDITIONS REPORT During Task 3, Professional’s team will gather and review existing data provided by the City, and conduct a thorough review of the City’s progress towards accomplishing the 2008 Fort Collins Bicycle Plan and 2011 Bicycle Safety Education Plan. In order to conduct the work in a time efficient manner, Professional’s budget assumes that Tasks 3 and 4 occur somewhat simultaneously, and that much of the effort for Task 3 and some of Task 4 is conducted during a one-week trip to Fort Collins during which Professional will conduct a public meeting (Task 4.3), meet with stakeholders and the TAC, and undertake field work to generate preliminary findings and identify the major infrastructure and policy/program barriers and opportunities for bicycling in the City. The results of Tasks 3 and 4 will form the basis of the recommendations of the Plan. Task 3 will include the following subtasks: Task 3.1. Existing data/plan review and analysis Professional’s team will review existing plans, programs, and policies regarding bicycling in Fort Collins. In addition, Professional will develop the initial GIS database for this project based on what the City provides, showing the locations of existing and proposed bicycle facilities, and other relevant data as available. Task 3.2. Field analysis Professional’s team will conduct a thorough field assessment of Fort Collins’s existing transportation system to assess bicycling conditions citywide. Professional will also define “focus-areas” based on public and stakeholder input where Professional will conduct a more in- depth analysis of route connectivity and spot barriers. Professional’s analysis will include available traffic characteristics (speed, volume), land use data, intersection traffic control, public and stakeholder input, and locations of existing and proposed bicycle facilities. Professional’s team will develop specific recommendations to improve bicycling conditions while looking for opportunities to enhance network connectivity to destinations throughout Fort Collins. To supplement Fort Collins GIS data, Professional will hire data collectors to measure roadway geometric data (road width, lane width, # of lanes, presence of bike infrastructure, speed limit1) for up to 400 centerline miles of arterial, collector, or local streets identified as potentially important for the bike network. Task 3.3. Network stress level assessment Professional will prepare an analysis of the “stress level” of individual links within the network based on the recommended facility type for each segment of the network. For example, 1 After a review of Fort Collins GIS data associated with the transportation network, these features were found to be incomplete. These features are essential to perform the network stress level assessment (task 3.3) and future conditions stress level assessment (task 6). DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 11 of 24 protected bike lanes and bicycle boulevards are examples of “low stress” facility types. The quality of the links and their ability to mitigate traffic stress (to maximize comfort to a wide range of users) are vital to the usability and ultimate success of a bicycle network. This evaluation will allow us to analyze levels of traffic stress and identify portions of the network where improvements are needed to enhance cyclists’ safety and comfort. Summary maps will be produced for review by the City and stakeholders. At the conclusion of Task 3, Professional will work with City staff to produce a State of Bicycling in Fort Collins existing conditions report. This will relate the results of the subtasks above, and will also summarize existing data the City is able to provide, such as bicycle count data, census data, and crash data to identify trends over time and develop the basis for recommendations in later tasks. Deliverables: Mapping and Database State of Bicycling in Fort Collins Report TASK 4: PUBLIC OUTREACH AND ENGAGEMENT Professional’s team will work with the City of Fort Collins to conduct extensive and creative public and stakeholder outreach and engagement for this Plan. This will include the following subtasks: Task 4.1. Technical Advisory Committee (TAC) meetings Professional’s team anticipates meeting with the TAC four times over the course of the project. The first meeting will be used to present the Work Plan and Public Involvement Plan, discuss the project schedule, and to generally discuss opportunities and constraints that cyclists (and potential cyclists) experience in Fort Collins. Further meetings will refine Plan vision and goals (drafted by Professional in order to help the team focus its efforts geographically and topically), and gather input on draft elements of the Plan. Task 4.2. Stakeholder Engagement The engagement of partner agencies, departments and organizations, is critical to the success of the Plan. Such partners include City staff in various departments as well as outside agencies and organizations who may partner with the City to implement the Plan. Professional will conduct up to three stakeholder interviews and/or small meetings as part of the project. Task 4.3. Public Meetings Professional will lead a public meeting to gather input from stakeholders, local residents, and other constituencies. The public meeting will be held one evening during an intensive one week period, during which Professional will also meet with stakeholders, conduct field work, and meet with the TAC. Special efforts will be made to reach people of all ages, abilities and backgrounds to attend this charrette, including non-English speakers. The public meeting will focus on confirming the vision and goals of the project, as well as identifying opportunities and barriers to bicycling in Fort Collins. It will be designed to be highly dynamic, allowing participants to define what they prefer in terms of facility types and riding conditions, describe their own experiences bicycling in Fort Collins (for those who are bicyclists), and to describe the physical and societal barriers that may prevent or discourage them or their children from bicycling. In addition to the public meeting, Professional proposes to hold one additional open-house after draft recommendations have been developed. Professional will rely on City staff to arrange translation services for both meetings. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 12 of 24 Task 4.4. Focused Public Events Professional will participate in up to four smaller public engagement events. These could include: Youth engagement component: coordinate with SRTS/FC Bikes and conduct outreach to the schools. This could be an event at one of the schools, or displaying poster boards at various schools to get input. Vida Sana/Northside Aztlan Center (and/or Senior Center): coordinate outreach event. Outreach event coordinated with either Summer Bike to Work Day or the City’s “Roll into Spring” campaign in April. The emphasis this year will be “Women on a Roll.” Task 4.5. Project Website and Online Interactive Map Professional’s team will provide content for the City’s project website including resource materials, and information about the project and how the public can get involved. In addition to the website content, Professional’s team will establish a “wikimap” for this project to gain public feedback. This is a unique, web-based interactive mapping platform tailored specifically to bike master plans. Users will be able to pinpoint desirable or undesirable routes, mark key destinations, identify hazardous crossings, and other pertinent categories. This web tool will enable Professional to post a proposed facilities map in an interactive format, so that community residents can zoom in to the map and comment on specific segments of the proposed Plan, rather than downloading a static PDF map. Feedback gained through this method will be integrated into the GIS database for the project. Task 4.6. Assistance with Other Outreach The City will lead the following with some support from Professional: Online Survey: City will summarize data and send the raw data to Professional. City will translate a short version of the survey to have available at the Northside Aztlan Community Center (in coordination with Vida Sana). The City will translate into Spanish, if necessary. Bicycle Audits: City will summarize feedback received and develop a report. Recommendations should be incorporated into the planning analysis and the report can be added as an attachment to the Plan. Winter Bike to Work Day: City will distribute information about the Bike Plan update at all Bike to Work Day stations. In addition, the City will set up a “mapping kiosk” at the Oak Street Plaza station to get input on bicycling barriers, favorite routes etc. City will prepare the maps. Professional will incorporate this input as part of the public feedback. City Council work session and hearing: City staff to lead with Professional’s support (materials and attendance). T-Board/BAC and other Boards/Committees: City to lead attending and providing information at these meetings. Professional will help with the script for these meetings. Other presentations: City will be available to present to neighborhood groups, boards and other stakeholders throughout the process. Professional will help with the script for these meetings. Deliverables: TAC meeting agendas and materials Materials for stakeholder interviews/meetings Handout maps and other materials for design charrette and open house Materials for focused public events DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 13 of 24 Online interactive wikimap PowerPoint presentations Content for the City’s project webpage Information for City Council presentations Script for Transportation Board, BAC, and other presentations (up to 4) TASK 5: IDENTIFY HIGH PRIORITY AREAS Professional will use a data-driven GIS method that incorporates a variety of factors that will be tailored to Fort Collins. Professional will consult the TAC and City staff to develop criteria; however, the range of potential criteria includes population and employment densities (including areas with higher student population), crash data, public input, current levels of bicycling, demographic/equity information (age, income, car ownership, etc.), roadway or intersection characteristics, proximity to transit, schools or other destinations, and other factors. Professional will consider “network equity,” access to high quality routes for citizens across the City. The result will be a “heat map” and a list of high priority areas where investments in bicycle infrastructure are recommended. Deliverables: Technical memo (appendix in plan) showing bicycle demand, a needs assessment, and resulting high priority areas TASK 6: UPDATE FORT COLLINS’S BICYCLE NETWORK AND SUPPORTING FACILITIES PLAN Based on the existing conditions (Task 3), public and stakeholder input (Task 4), and the GIS analysis conducted in Task 5, Professional’s team will prepare the draft update to Fort Collins’s Bicycle Network and Support Facilities Plan. Professional will develop and refine a list of physical improvements to corridors, intersections, barriers, and bottlenecks to ensure a seamless and interconnected network that includes new facility types such as bicycle boulevards/neighborhood greenways, buffered and protected bike lanes, and other types of facilities needed to improve bicyclists’ safety, comfort and convenience. The focus of the network will be to accommodate all ages and abilities, specifically addressing the “interested but concerned” cyclist category. Professional will take a comprehensive approach that addresses all parts of the City. Professional’s recommendations will address the needs of students, faculty and staff commuting to and from Colorado State University, as this is an important demographic in Fort Collins. Identification of improvements on the Colorado State University campuses is excluded from this effort. The recommendations will be integrated into the GIS database and will be displayed on GIS maps and the interactive wikimap. The stress mapping (task 3.3) will be updated to reflect the proposed network recommendations. The plan will identify a system of bicycle routes which serve the “interested but concerned” demographic and connect key destinations throughout the City. Professional’s team will prepare a draft protocol for a bicycle wayfinding system to provide guidance to City Staff as they move forward implementing the bicycle route system. The protocol will consist of a narrative and example graphics to address principals, policies, procedures and guidelines which will ensure consistency and cohesion throughout the City. The protocol will provide high level guidance for staff to follow to sign and mark routes, but will exclude design details for specific routes and signs. Professional will review and update existing design guidelines with recommended facility typologies, focusing on connectivity between facilities and other travel modes. The design DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 14 of 24 guidelines will provide minimum design criteria for facilities that are not included in existing Fort Collins Guidance providing references to other design guide resources for detailed design guidance. Professional will evaluate development regulations to ensure adequate end of trip facilities are included in new development. Deliverables: Technical memo documenting guidelines, typologies, and infrastructure recommendations TASK 7: DEVELOP POLICY AND PROGRAMMATIC RECOMMENDATIONS During Task 7, Professional will recommend policies and programs, based on best practices research, that are designed to take Fort Collins to the “next level,” and to the Diamond level, with respect to bicycling. Deliverables: Technical paper documenting recommendations TASK 8: IMPLEMENTATION, FUNDING, AND PHASING During Task 8, Professional’s team will develop an implementation, funding and phasing plan for the 2014 Fort Collins Bicycle Plan. This will include planning-level cost estimates for the facilities, projects and programs identified in Tasks 6 and 7, and a detailed phasing plan based in 3-, 5- and 10-year increments. Professional’s team has years of hands-on experience developing funding strategies at the local level and is thoroughly familiar with numerous public funding sources made available at the federal and state levels. The implementation plan will also address future maintenance needs for the system, as well as recommendations for performance measures related to bicycling. It is anticipated the prioritization methodology will be GIS based and may incorporate elements of the Triple Bottom Line framework as directed by City Staff. Deliverables: Implementation, funding, and phasing plan TASK 9: DEVELOP DRAFT AND FINAL DRAFT 2014 FORT COLLINS BICYCLE PLAN Professional’s team will work with City staff to develop a final plan document that clearly and concisely conveys the results of this project in a manner that is both compelling in content, and visually interesting in presentation. The draft Plan will be presented for review and comment by the TAC, the BAC, stakeholders, the general public, and will ultimately be adopted by City Council. Deliverables: Draft Plan Final Plan TASK 10: BIKE SHARE FEASIBILITY STUDY AND BUSINESS PLAN Professional proposes to develop a business plan for bike share in Fort Collins in conjunction with our work on the Fort Collins Bike Plan and will form Task 10 of that Plan. The Fort Collins Bike Share Business Plan will leverage the stakeholder engagement and transportation planning efforts of the bike plan. This business plan assumes that bike share has been determined to be feasible in Fort Collins through previous efforts, and that Professional will focus our efforts on identifying the optimal business model and cost considerations. Professional will also evaluate the DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 15 of 24 feasibility and implications of integrating the Fort Collins bike share program with the existing Bike Library. The project is anticipated to be completed in approximately six months, and Professional proposes the following general phasing for Task 10: Phase One – Project Coordination Phase Two – Demand Analysis Phase Three – Cost Analysis Phase Four – Implementation Plan PHASE ONE – Project Coordination Task 1 – Kickoff Meeting and Project Coordination (NOTE- THIS COULD BE PART OF THE OVERALL PROJECT KICKOFF) Professional’s project team will meet with City staff and any additional stakeholders to set the stage for the development of the project, and regularly throughout the project. At the initial meeting, the scope and schedule for the bike share business plan will be reviewed and discussed. Professional will also discuss key project stakeholders, and finalize the project team’s approach to engaging the public during the study. Throughout the project, Professional expects to hold regular conference calls with City staff. Task 2 – Meetings with Bikeshare Task Force Professional will convene three meetings with the bike share task force over the course of the study. One of these meetings will be attended in person and two meetings attended by phone. The first meeting will be to confirm bike share system goals (developed in previous efforts) and identify key stakeholders. Professional will also review the scope of work and agree on assumptions for the Bike Library. The second meeting will be to review the proposed service area and system size for the bike share program. Professional will review the proposed business model for the program (ownership and operations). The third meeting will be to present the business plan and cost assumptions for the bike share program. PHASE 1 Deliverables Kickoff meeting with City staff (conference call) Finalized work-plan, project scope and schedule and list of key stakeholders Three meetings with Bikeshare Task Force (at least one in person) Materials for the meetings and meeting notes PHASE TWO – DEMAND ANALYSIS Professional’s team proposes the following tasks to complete this phase: Task 3 – Confirm Goals and Objectives for the Bike Share System To guide the City in short- and long-term decision making about the possible implementation of a bike share program, Professional will work with the City and other stakeholders to confirm the specific goals for the system. It is assumed that these conversations would start with the goals articulated in earlier work, including the EPA Building Blocks Bike Share workshop and report. Confirming the expected goals by the various stakeholders will help guide the decision-making for a potential business and operational model for a bike share system in the City. Task 4 – Community Analysis In this task, Professional will provide an analysis of existing and future conditions conducive for DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 16 of 24 bike share in the City. Much of this analysis will build off of data and work performed on the bike plan and earlier bike share feasibility work. The analysis will include a review of demographic, employment, land use, transportation, and physical conditions and the resulting GIS-based analysis will confirm the potential service area identified in previous work, as well as opportunities for phasing in future expansions. Data sought to complete the community profile will include: Population – population density and college student populations. Demographics – age groups, education and income levels. Employment – employment density and employment type. Transportation– existing and planned bike facilities, roads, existing and planned public transit infrastructure. Physical Conditions - topographic and climatic conditions. Recreation/Entertainment – location of existing and planned recreation facilities, parks, museums, tourist destinations, entertainment and nightlife centers. Task 5 – Public and Stakeholder Engagement Professional’s team will integrate online tools into the bike plan project to help identify possible locations for bike share stations – such as including a prompt for input on potential station locations through the online interactive map. Professional will develop materials to use at public meetings for the Fort Collins Bike Plan update to solicit input. Professional anticipates creating one map, a board summarizing bike share goals, and a flyer describing bike share. Professional’s team will solicit feedback from the public on the draft goals to help us understand which ones are most important to the community. The map will be used to solicit feedback on where the community would like to see bike share stations. In addition Professional proposes strategic discussions with key implementing stakeholders (i.e. City planning staff, traffic operations, City officials, and transit authority among others). The meeting will include but will not be limited to the following topic areas: Impacts (e.g., potential positive and/or negative implications for the community of specific siting options) Safety (e.g., crime statistics, safety perceptions, etc.) Traffic Patterns (e.g., weekday and weekend pedestrian, vehicular, and public transport commuter patterns) Barriers (e.g., physical, cultural, social, economic factors that may influence utilization) Permitting and installation (e.g. understand the permitting process, understand staff concerns about station locations) Professional will also meet with local private sector and non-profit stakeholders to discuss relevant aspects of the system. Following are different groups to address: 1. Potential Funders/Financers – this is a rather small group that will be identified in consultation with City staff from previous work. The discussions may be handled in one- on-one meetings and would include senior representatives of the private organizations that may be likely to support the bike share program financially (i.e. New Belgium Brewing, Colorado State University, and other potential institutional sponsors). The goal would be to create settings where the participants would feel comfortable speaking freely off the record regarding what aspects they are most interested in funding/financing and what would be a reasonable ‘ask.’ DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 17 of 24 2. Bike Library – Professional would meet with the board and staff of the Bike Library to discuss integration of the bike share program with the Bike Library, including implications for both programs if the programs are/are not integrated. 3. Coordination and Oversight – these are the agencies and organizations who will likely have some jurisdiction over the implementation and/or management of the system (i.e. City operations, Fort Collins Chamber of Commerce, Colorado State University, and other agencies). Issues this group will address include siting, maintenance, coordination with transit, etc. Professional will structure the discussions so that outcomes and decisions made during the meeting are confirmed and summarized at the end. Task 6–System Phasing and Station Planning Guidelines To provide a complete phasing strategy and potential sizing of stations, Professional will undertake a step-by-step methodology that gradually “zooms in” from the desktop to the field to move from a desktop quantification exercise to identifying specific locations and station sizes. The methodology consists of the following steps: 1. Step 1 – Based on the demand analysis, goals of the program, public and stakeholder feedback, and best practices from existing systems around the U.S., Professional will create a Phasing Plan for the proposed bike share system. Each phase will include a phase boundary, an estimated number of stations/bikes to be included in the program, an estimate of the projected ridership, and station density for the different portions of the system. 2. Step 2 –Utilizing the recommended phasing and the results of the demand analysis, Professional will locate the appropriate number of stations in the service area to within a 2- 3 block area. The station sizing in this step will be calculated using the results of the demand analysis. The resulting network will comply by the general characteristics, but will not necessarily take into account micro-local characteristics of the area, e.g. physical constraints on the street or consultation with adjacent business owners. 3. Step 3 – Create siting guidelines: Professional, the City (and possibly Colorado State University) will create a set of site planning guidelines for specific site locations, which may include: a. Solar (or non-solar) requirements b. Priorities for on-street, on-sidewalk, on plazas or other locations c. Restrictions for on-street locations, such as using paid parking meter spots, no parking zones, no stopping zones, distance from existing parking spaces d. Restrictions for sidewalk locations, such as locating them in or near busiest areas, width of sidewalk clearance required, distance from infrastructure such as manhole covers, fire hydrants e. Safety guidelines, such as dock direction for on-street locations (will users pull the bike into the street or towards the sidewalk), station locations on larger streets, street markings, bollards or other safety equipment required for on-street locations f. Installation and operations requirements such as nearby parking access for rebalancing trucks, clearance for installation vehicles 4. Step 4 –Identify permitting process: Professional will work with the City to outline the permitting process that must be followed to bring the bike share sites from site plan to installation. PHASE 2 Deliverables Matrix containing the proposed goals and objectives of the program Assembled data and map-based demand analysis for bike share DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 18 of 24 Online crowd sourcing map, materials for public meeting and summary of comments received Meeting facilitation and summary of comments received from meetings with stakeholders Proposed phasing strategy and siting guidelines PHASE 3 – COST ANALYSIS In this task, Professional will provide a complete analysis and recommendation of the most appropriate business model for the City to implement its bike share program. Additionally the analysis will review of all costs and possible revenues, and will provide a pro forma model which the City can use to implement its bike share program. Professional’s team proposes the following Tasks for this phase: Task 7 - Business Model Assessment Based on the feedback received from Phase 2 and the complete set of goals and objectives, Professional will develop draft recommendations for a business model and overall governance structure for the program. The appropriate governance structure for a bike share program in the City will depend on its institutional capacity and interest, potential implementation partners, jurisdictional framework, and funding opportunities. Professional understands that there is interest in potentially joining the Denver/Boulder B-Cycle system, and will evaluate that alternative. As well, Professional will evaluate alternatives for integrating the bike library into the business model. Task 8 - Pro‐Forma and Cash Flow Model Professional will develop a financial plan that includes both revenue forecasting and expense modeling. For the expense side, Professional will provide an estimate of projected capital costs (equipment), installation costs and ongoing operating costs. Operating costs include system administration and upkeep, marketing (i.e. costs related to the promotion/advertising and outreach for the program) and all day-to-day activities including rebalancing and maintenance of bicycles, among others for implementing the program. For the revenue side, Professional will project revenues based on potential ridership, which is directly related to the number of rides by members and non-members as identified in the demand analysis. The result of the model will be the estimated cost recovery/profitability of the system, and sponsorship or other funding needed. The revenue and cost analysis will quantify the funding needs for both capital and operations of the bike share system. Professional’s team will proceed to identify different potential funding sources for these needs, including public funding and potential branding, sponsorship or advertising opportunities. From Professional’s experience working with large and small cities looking to launch bike share systems, Professional has a detailed understanding of the various funding sources available for bike share. Unlike other modes of transit that have dedicated funding sources, bike share largely relies on discretionary grant programs such as CMAQ and TIGER for public funding. PHASE 3 Deliverables Analysis and recommendation of appropriate business model and proposed phasing Pro forma interactive tool to enable the City to dynamically change assumptions A summary of financial resources available and strategy for sponsorship DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 19 of 24 PHASE 4 – IMPLEMENTATION PLAN Task 9 - Zoning Policy Review Professional will examine existing and proposed policies and regulations that influence land use and bicycle use in Fort Collins which may influence the implementation of a bike share program. The review will include at least the following: Fort Collins existing zoning and regulatory requirements Fort Collins encroachment procedures and advertising policies Through the examination of these regulations, Professional’s team will identify any regulatory or policy changes that may need to be implemented to allow proper implementation of a bike share system. Task 10 – Measurable Outcomes and Performance Measures Professional’s team will create performance measures based on each of the Goals and Objectives defined in Phase 2, to quantify the impacts, successes and challenges of the bike share system. These performance measures will include, but are not limited to: Membership (annual and short-term) Ridership Health impacts Economic impacts for users Economic benefit for the City Safety Operational efficiency Financial performance Emissions Reductions Impact on bicycle use Impact on transit use Impact on automobile use Shifts in transportation modes Impact on perception of cycling as a viable transportation mode The intention of these measurable impacts is to provide the City a way to evaluate the performance of an eventual system. Professional’s team expects to work with the City to fine tune and/or create additional performance measures that relate to other regional goals. PHASE 4 Deliverables Summary of policies, plans and regulations and their potential impact on bike share implementation in Fort Collins FINAL DELIVERABLE Final Fort Collins Bike Share Business Plan Graphic materials and analysis tools (i.e. pro-forma) DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 20 of 24 EXHIBIT B PROJECT SCHEDULE Task Project Management and Quality Control 1: Work Plan and Public Involvement Plan 2: Vision, Goals, Objectives and Policy Framework 3: Existing Conditions 4: Public Outreach and Engagement 5: Identify High Priority Areas 6: Update Network and Support Facilities Plan 7: Develop Policy and Programmatic Recs 8: Implementation, Funding, Phasing 9: Develop Plan 10: Bike Share Business Plan 13-Dec 14-Jan 14-Feb 14-Mar 14-Apr 14-May 14-Jun 14-Jul 14-Aug 14-Sep 14-Oct 14-Nov 14-Dec DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 21 of 24 EXHIBIT C COMPENSATION Total Fort Collins Bicycle Plan Principal In Charge Project Manager Deputy PM Engineer Graphic Designer Planner I Admin Intern GIS Senior Planner Senior Designer Planner II Trip Planning, DC Staff Travel Budget November 26, 2013 Toole Schultheiss Juriga Witte Boehmer Hernandez Sigrist Young Kolleth Suski Tasks $200.00 $160.00 $140.00 $140.00 $80.00 $80.00 $65.00 $40.00 $75.00 $150.00 $110.00 $90.00 0 Project Management and Quality Control Project Start-up 2 2 $320.00 0 $0.00 $320.00 Meetings with City PM (14) 8 22 30 $4,360.00 4 4 $600.00 $4,960.00 Progress Reports, Invoices (13) 2 13 12 27 $2,920.00 4 4 $600.00 $3,520.00 Hours Subtotal 0 12 35 0 0 0 12 0 0 59 8008 Labor Subtotal $0.00 $1,920.00 $4,900.00 $0.00 $0.00 $0.00 $780.00 $0.00 $0.00 $7,600.00 $1,200.00 $0.00 $0.00 $0.00 $1,200.00 $8,800.00 1 Work Plan and Public Involvement Plan Kick-off Meeting (Telephone) 2 2 2 6 $730.00 0 $0.00 $730.00 Detailed Work Plan and Schedule 2 6 8 $1,160.00 0 $0.00 $1,160.00 Public Involvement Plan 2 4 6 $880.00 0 $0.00 $880.00 Hours Subtotal 0 6 12 0 0 0 2 0 0 20 0000 Labor Subtotal $0.00 $960.00 $1,680.00 $0.00 $0.00 $0.00 $130.00 $0.00 $0.00 $2,770.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,770.00 2 Vision, Goals, Objectives and Policy Framework Visioning Workshop 4 6 10 $1,480.00 4 4 $600.00 $2,080.00 Trip 1 (WJS) Vision Statement Memorandum 4 6 10 $1,480.00 0 $0.00 $1,480.00 Hours Subtotal 0 8 12 0 0 0 0 0 0 20 4004 Labor Subtotal $0.00 $1,280.00 $1,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,960.00 $600.00 $0.00 $0.00 $0.00 $600.00 $3,560.00 3 Existing Conditions Existing data and plans 1 2 12 15 $1,400.00 0 $0.00 $1,400.00 Field analysis 24 24 12 40 100 $9,760.00 24 24 $2,160.00 $11,920.00 Trip 2 (WJS, MH) Network Stress Level Assessment (existing) 6 1 4 12 23 $2,320.00 0 $0.00 $2,320.00 Bicycle Safety Overview 6 1 8 15 $1,740.00 0 $0.00 $1,740.00 State of Bicycling in Fort Collins Report 1 8 2 8 19 $2,080.00 0 $0.00 $2,080.00 Hours Sub Total 0 38 36 0 2 44 0 40 12 172 002424 Labor Subtotal $0.00 $6,080.00 $5,040.00 $0.00 $160.00 $3,520.00 $0.00 $1,600.00 $900.00 $17,300.00 $0.00 $0.00 $2,160.00 $0.00 $2,160.00 $19,460.00 4 Public Outreach and Engagement Public Meeting 8 20 4 32 16 80 $8,160.00 88 16 $2,080.00 $10,240.00 Public Meeting Concurrent with Trip 2 (WJS/MH) Open House 4 4 4 16 16 44 $4,000.00 44 8 $1,040.00 $5,040.00 Open House Concurrent with Trip 4 (WJS) Focused Public Events (4) 4 8 4 8 24 $2,400.00 4 4 $600.00 $3,000.00 Trip 1, 2, 3, 4 (WJS), 2, 3 (MH) Stakeholder Interviews/Discussions (3) 4 2 4 10 $1,240.00 0 $0.00 $1,240.00 Trip 1, 2, 3, 4 (WJS), 2, 3 (MH) TAC Meetings (4) 4 20 4 28 $3,760.00 4 4 $600.00 $4,360.00 Trip 1, 2, 3, 4 (WJS), 2, 3 (MH) Assistance with other outreach 18 8 26 $3,160.00 0 $0.00 $3,160.00 Trip 2, 3, 4 (WJS), 2, 3 (MH) Online Mapping Tool 2 2 8 12 24 $2,140.00 0 $0.00 $2,140.00 Hours Sub Total 0 26 74 0 8 76 0 8 44 236 20 12 0 32 Labor Subtotal $0.00 $4,160.00 $10,360.00 $0.00 $640.00 $6,080.00 $0.00 $320.00 $3,300.00 $24,860.00 $3,000.00 $1,320.00 $0.00 $4,320.00 $29,180.00 5 Identify High Priority Areas Develop Criteria 4 2 2 12 20 $1,980.00 1 1 $150.00 $2,130.00 Spatial Analysis 24 18 32 74 $5,040.00 2 2 $300.00 $5,340.00 Professional Services Agreement 7559 Bicycle Plan Update Page 22 of 24 7 Develop Policy and Programmatic Recs Policy and Programming Recommendations 1 8 16 6 31 $2,800.00 3014 $540.00 $3,340.00 Hours Sub Total 018001606031 3014 Labor Subtotal $0.00 $160.00 $1,120.00 $0.00 $0.00 $1,280.00 $0.00 $240.00 $0.00 $2,800.00 $450.00 $0.00 $90.00 $540.00 $3,340.00 8 Implementation, Funding, Phasing Prioritization 2 4 6 $880.00 441624 $2,480.00 $3,360.00 Cost Estimating and Action Plan 2 2 $320.00 240850 $5,420.00 $5,740.00 Performance Measures 1 2 3 $520.00 60814 $1,620.00 $2,140.00 Hours Sub Total 16400000011 12 44 32 88 Labor Subtotal $200.00 $960.00 $560.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,720.00 $1,800.00 $4,840.00 $2,880.00 $9,520.00 $11,240.00 9Develop Plan Draft Plan 4 4 20 8 50 9 8 103 $9,840.00 80 8 $1,200.00 $11,040.00 Trip 3 Final Plan 4 4 684 26 $3,220.00 20 2 $300.00 $3,520.00 Trip 4 Hours Sub Total 882608580912129 10 0 0 10 Labor Subtotal $1,600.00 $1,280.00 $3,640.00 $0.00 $640.00 $4,640.00 $0.00 $360.00 $900.00 $13,060.00 $1,500.00 $0.00 $0.00 $1,500.00 $14,560.00 10 Bike Share Business Plan Background, System Evaluation, and Comparable Analysis 20 10 30 $3,600.00 0 $0.00 $3,600.00 Demand Analysis 32 56 50 138 $12,710.00 0 $0.00 $12,710.00 Cost Analysis 34 46 80 $8,440.00 0 $0.00 $8,440.00 Implementation Plan 10 24 34 $3,320.00 0 $0.00 $3,320.00 Hours Sub Total 0 0 0 96 0 136 0 0 50 282 0000 Labor Subtotal $0.00 $0.00 $0.00 $13,440.00 $0.00 $10,880.00 $0.00 $0.00 $3,750.00 $28,070.00 $0.00 $0.00 $0.00 $0.00 $28,070.00 Total Dollars $2,600 $ 22,560 $ 31,500 $ 13,440 $ 1,440 $ 31,680 $ 910 $ 3,600 $ 13,650 $121,380.00 9,300 6,380 5,130 $20,810.00 $142,190.00 Total Directs $13,731.38 GRAND TOTAL $155,921.38 DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 23 of 24 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 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 Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Professional Services Agreement 7559 Bicycle Plan Update Page 24 of 24 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF New attachment DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF CERTIFICATE HOLDER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) COMMENTS/REMARKS OFREMARK COPYRIGHT 2000, AMS SERVICES INC. If required under an insured written contract, executed prior to any loss, City of Fort Collins is an Additional Insured under the General Liability Policy, but only with respects to liability arising from work performed by or on behalf of Toole Design Group, LLC. If required under an insured written contract, executed prior to any loss, City of Fort Collins is an Additional Insured under the Automobile Policy, but only with respects to liability arising from the operation of vehicles by employees of Toole Design Group, LLC. If required under an insured written contract, executed prior to any loss, Waiver of Subrogation is provided for City of Fort Collins under the General Liability, Automobile Liability and Workers Compensation Policies. It is further understood that coverage provided the Additional Insured under the General Liability and Automobile Liability shall be primary and non-contributory to any other coverage available to the Additional Insured. DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 12/16/2013 Klein Agency, LLC. P.O. Box 219 Timonium MD 21094 (410)832-7600 (410)832-1849 Toole Design Group, LLC 8484 Georgia Avenue, Suite 800 Silver Spring MD 20910-5609 National Surety Corp. American Automobile Ins. Co. Trumbull Insurance Co. Travelers Casualty & Surety Co. 13-14 A X X X Contractual Liability X ABC80882564 1/1/2013 1/1/2014 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 B X MXA80294769 1/1/2013 1/1/2014 1,000,000 A X X ABC80882564 1/1/2013 1/1/2014 1,000,000 2,000,000 C 30WECEG8962 1/1/2013 1/1/2014 X 1,000,000 1,000,000 1,000,000 D Professional Liability 105540444 1/1/2013 1/1/2014 Per Claim $2,000,000 Aggregate $2,000,000 RE: 7559 Bike Plan Update and TDG Project B001. 30 days notice of cancellation is provided, 10 days for non-payment. See attached for specific additional insured wording. Justin Klein/LINDA City of Fort Collins PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF Hours Sub Total 0 4 2 0 0 26 0 18 44 94 3003 Labor Subtotal $0.00 $640.00 $280.00 $0.00 $0.00 $2,080.00 $0.00 $720.00 $3,300.00 $7,020.00 $450.00 $0.00 $0.00 $450.00 $7,470.00 6 Update Network and Support Facilities Plan Guidelines and Typologies 2 16 8 16 42 $5,360.00 0 $0.00 $5,360.00 Infrastructure Recommendations 2 16 8 24 9 20 79 $7,860.00 22 4 $520.00 $8,380.00 Hours Sub Total 4 32 16 0 0 40 0 9 20 121 2204 Labor Subtotal $800.00 $5,120.00 $2,240.00 $0.00 $0.00 $3,200.00 $0.00 $360.00 $1,500.00 $13,220.00 $300.00 $220.00 $0.00 $520.00 $13,740.00 Task Fee Subtotal Task Hourly Subtotal Task Fee Subtotal Task Hourly Subtotal Task Fee Subtotal Toole Design Group FHU DocuSign Envelope ID: 9C3840EF-D164-4257-ADF1-C52C25DA94FF