HomeMy WebLinkAbout124699 WINTER & COMPANY - CONTRACT - RFP - 8028 OLD TOWN NEIGHBORHOODS DESIGN GUIDELINES UPDADocuSign Envelope ID: F1 EE912A-E461-4388-B879-FEOF37054C8B
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Winter & Company, hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
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. This Agreement shall commence January 5, 2015, and shall continue in
full force and effect until March 30, 2016, unless sooner terminated as herein provided.
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:
Winter & Company
Attn: Nore V. Winter
1265 Yellow Pine Avenue
Boulder, CO 80304
City:
City of Fort Collins
Attn: Josh Weinberg
PO Box 580
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.
4. 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
PROFESSIONAL SERVICES AGREEMENT Page 1 of 14
DocuSign Envelope ID: F1 EE912A-E461-4388-B879-FEOF37054C8B
Task, Deliverable & Cost
Staff Hours Cost
1.1 Attend start-up meeting with TAC and MIG, and tour neighborhood.
AB
4
Identify staff goals and issues. Collect background material.
1H
4
Deliverable: Findings Summary (1 - 2 pages)
4
Pell*Ona ".
AB. '�;'
4
8
$2165
1.2 Prepare for and conduct design guidelines/pattern book kick-off
community meeting and focus groups: WC Team and staff conduct
1H : a
8
workshopto introduce project approach, identify Issues and assets and
P 1 pP y
CBS
y
24
{
fine tune neighborhood contexts.
§'
Pel=Ona
12.-
,
Team Deliverables: Presentation materials, Workshop Handout, Work-
shop Summary (1 - 4 pages){
Staff Deliverables: Public Announcements/invitations, Web posting
a:fl{
Printing, Background materials (i.e. archived newspaper context de-
scriptions and permission to reuse.)
1.3 Prepare for and conduct additional Neighborhood Group Meetings
AB'.
10
+� y
(2), LPC Session (1) and attend TAC Meetings (1): WC will conduct two
CB - "
8
$Td2S,
focus group meetings outside of the design charrette, identify issues
_
''•.°�,�
and assets and fine tune neighborhood contexts. This trip will coordi-
'
nate with a 2nd TAC meeting and an initial LPC session for a full day
a3
of activities
y;
xz
Team Deliverables: Presentation materials, Workshop Handout Materials
�
Staff Deliverables: Public Announcements/invitations, Web posting
Printing, Background materials (i.e. archived newspaper context de
scriptions and permission to reuse.)
1.4 General Project Administration & CoordinationAB/1H�
8
-$1425, �.
TOTAL Step 1: 10,960
Meetings:
Start-up/Project Coordination TAC & MIG: WC (x2), PO (1)
TAC Meeting: WC (1)
Kick-off event: WC (x2), PO (1)
Small Group Neighborhood Meetings (2 mtgs): WC (1)
LPC Session: WC (1)
PROFESSIONAL SERVICES AGREEMENT Page 10 of 14
DocuSign Envelope ID: F1 EE912A-E461-4388-B879-FEOF37054C8B
Task, Deliverable & Cost staff Hours Cost
2.1 To kick-off this step we will conduct a workshop debrief session AB M 6
with staff and present three alternative desktop publishing formats a
8
and a draft outline. 12 a
Deliverables: Three desktop publishing design alternatives/approaches.
Design guidelines/pattern book outline.
2.2 We will develop Draft #1 (75% complete) of the design guidelines/ AB 16
pattern book. We will review this draft with staff in a conference call JW 60
and edit per comments. CB 60
Deliverables: Draft#1a, Draft lb Pel-Ono 40 $17,385
2.3 WC will conduct City Council work session (July) to review Draft #1. AB 8
WC will assist with presentation materials. @B 8
Deliverables: Presentation materials.
2.4 WC will meet with TAC and _PC, in a work session to review Draft #1. AB 6 $1,085
Deliverables: Presentation materials (modified from above).
2.5 We will prepare for and conduct a community meeting and two fo- AB 12
cus group sessions to present Draft #1 design guidelines/pattern book. 1FI 8 $3,585
Team Deliverables: Presentation materials, Workshop Handout, Work- CB 16
shop Summary (1 - 2 pages)
Staff Deliverables: Public Announcements/invitations, Web posting,
Printing, Reserve space, Refreshments
2.6 We will develop Draft #2 (95% complete) of the design guidelines/ AB 8
pattern book. The development of this draft will focus on addressing 1H 30
all of the comments received to date. We will review this draft with GB 30
staff in a conference call and edit per comments. Pel-Ono 40 $+11,405
Deliverables: Draft#2a, Draft 2b.
2.7 We will develop the Final design guidelines/pattern book document AB 16
(100% complete.) We will review this draft with staff in a conference JH 20
call and edit per comments. CB 20 0Deliverables: Final Document and Presentation materials.
2.8 WC will conduct a community meeting to present the Final design a
8guidelines/pattern book. WC will assist with presentation materials. 8
Team Deliverables: Presentation materials
Staff Deliverables: Public Announcements/invitations, Web posting,
Printing, Reserve space, Refreshments
2.9 General Project Administration WH 8 $1,305
TOTAL Step 2: 47,385
Meetings:
Workshop debrief with staff: conference call
TAC Meeting: WC (1)
LPC Session: WC (1)
City Council Worksession: Staff (1)
Focus Group (2 mtgs): WC (1)
Community workshops: WC (xl), Staff (xl)
PROFESSIONAL SERVICES AGREEMENT
Page 11 of 14
DocuSign Envelope ID: F1 EE912A-E4614388-B879-FEOF37054C8B
Task, Deliverable & Cost
Staff Hours Cost
3.1
y.
City staff conducts three hearings (HPC, PZ and CC) and prepare final
`Gty '.
4
$2 100�.`_
presentation materials. Complete final technical edits
S aff
16
Deliverables: Presentation materials, Final Technical Edits
AB/JH -
TOTAL Step 3: $2,100
TOTAL Project: $60,445
Project Timeline & Schedule
Notice to Proceed/Final Work Plan
January/Feb 2015
Step 1 Tasks:
1.1 Trip #1 - Conduct start-up meeting with TAC & MIG and tour neighborhood.
Completed by:
February 2015
1.2 Prepare & Conduct Kick-off Community Meeting & Focus Groups
March -April 2015
1.3 Conduct Additional Meetings
April -May 2015
Step 2 Tasks:
2.1 Workshop debrief session and presentation of outline and example formats
April_May 2015
2.2 Develop Draft #1 (75% complete) of the design guidelines/pattern book
June -July 2015
2.3 Meet with the City Council in a work session to review Draft #1
August 2015
2.4 Meet with the TAC & LPC in a work session to review Draft #1
August -September
2015
2.5 Prepare & Conduct Community Meeting & Focus Groups
September -October
2015
2.5 Develop Draft #2 (95% complete) of the design guidelines/pattern book
November -December
2015
2.6 Develop Final Draft (100% complete) of the design guidelines/pattern book
December -January
2015
2.7 Present Final Draft design guidelines/pattern book to the community
January -February
2016
Step 3 Tasks:
3.1 Assist with Adoption process- boards and commission hearings
March 2016
PROFESSIONAL SERVICES AGREEMENT
Page 12 of 14
DocuSign Envelope ID: F1 EE912A-E4614388-B879-FEOF37054C8B
EXHIBIT C
INSURANCE REQUIREMENTS
a.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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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.
b. Insurance coverages shall be as follows:
Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
2. 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 $1,000,000 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.
3. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
a
PROFESSIONAL SERVICES AGREEMENT Page 13 of 14
DocuSign Envelope ID: Fi EE912A-E461-4388-B879-FEOF37054C8B
EXHIBIT D
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 Page 14 of 14
DocuSign Envelope ID: F1 EE912A-E461-4388-B879-FEOF37054C8B
Client#:1083246
WINTECOMI
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MWDDNYYY)
12/23/2014
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 WANED, subject to
the terms and conditions of the policy, certain policies may require an endomeJnent. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
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USI Colorado LLC
1515 Wynkoop, Suite 200
Denver, CO 80202
303 837-8500
°A'k°Nr; Ezl : 303 837-8500 Ne; 3038315295
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INSURERS AFFORDING COVERAGE
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Dr3URERA: Travelers Casualty & Surety Co.
19308
INSURED I
Winter & Company
1265 Yellow Pine Avenue
INSURER B:
INSURERC:
Boulder, CO 80304
INSURERO:
INSURER E :
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.
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DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Aeach ACORD 101, Additional Remarks Schedule, if mom epees Is rapulnd)
City of Fort Collins
281 N College Avenue
Fort Collins, CO 80524-2404
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUrHOR12ED REPRESENTATIVE
ACORD 25 (2010105) 1 of 1
#S 13979139IM 12229813
01988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NARBC
DocuSign Envelope ID: Fi EE912A-E461-4388-B879-FEOF37054C8B
CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
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BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING HIMMER(Sh AUTHORIZED
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IMPORTANT: N the certiBeats holder is an ADDITIONAL INSURED, the policy(les) must be ondors" D SUBROGATION IS WANED, aub)ect to tM
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DBA WINTER 8 COMPANY
1265 YELLOW PINE AVE.
BOULDER, CO 80304
USURER B:
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INSURER 9:
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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INDICATED. NOTWITHSTANDING ANY REQUIREMENT- TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH 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,
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CERTIFICATE HOLDER - CANCELLATION
ADDITIONAL INSURED;
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THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
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281 N COLLEGE AVE
FORT COLLINS, CO 80524-24W
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DocuSign Envelope ID: F1 EE912A-E461-4388-B879-FEOF37054C8B
third parties against the City; and for the City's costs and reasonable attorney's 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 $1,000,000 combined single limits and errors
and omissions insurance in the amount of $1,000,000, in accordance with Exhibit C,
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 a fixed fee in the amount of Sixty
Thousand Four Hundred Forty Five Dollars ($60,445) per Exhibit B. 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.
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.
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. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
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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.
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
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jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
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
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
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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 "D" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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ATTEST:
E DocuSpgned
by:
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^^"DIS'OEEE'"aC
City Clerk
APPROVED AS TO FORM:
CDocuSiglred by:
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Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO
D uSign d by'
By:
C eA.th 1
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Gerry Paul s
Director of Purchasing & Risk Management
DATE: 12/23/2014
WINTER & COMPANY
D uSigned by:
CbVt (l�itAjv
By: VMR AMF7d1F
Title:
President
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 12/23/2014
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EXHIBIT A
Scope of Work
• Refine existing graphic illustrations and provide additional graphic examples, diagrams and
photographs that illustrate best practices to achieve appropriate size, height, bulk, mass and
scale. The document will include these major topical areas:
o An introductory section that provides background in preservation theory and historic
neighborhood compatibility, and a summary of the benefits of achieving preservation
and compatibility goals. It will also describe the City's permitting process and current
zone district regulations regarding building and site design (primarily incorporating
the work from the ENV Character study), in addition to the permitting process for
properties designated as Fort Collins Landmarks and those eligible for Landmark
designation.
o A section that identifies the predominant property types and architectural styles
found in the study area. This will highlight architectural features as well as those
features that contribute to energy conservation and sustainability and constitute the
'pattern book" portion of the project.
o A section that addresses treatments of properties in historic neighborhoods. It will
provide examples of appropriate and inappropriate additions and alterations, and will
include many local photographs as examples. If special conditions are identified
during the project, these also will be addressed.
o A section providing guidance for new construction. Some topics in this section will be
mass and scale, orientation to the street, articulation, and materials. Other key
features of the context, including sub -areas with the district, will be identified and
guidelines will be provided as needed. This section will include custom -produced
Sketchup models that illustrate the context and show potential infill solutions.
• Update overall layout and organize format to ensure content is relevant and to improve user-
friendly readability and clarity.
Various iterations of design guidelines exist for these neighborhoods. A primary goal
of this project is gathering existing documents and reformatting the content into a
contemporary and user-friendly format. Consultants are expected to submit sample
documents to illustrate their approach to document ad content layout and
organization.
• Review existing written content, identifying weaknesses/strengths and provide edits based
on the update objective.
o Similar to reviewing and updating existing graphic content, this project aims to edit
and supplement existing written content. The consultant will be able to demonstrate
their writing abilities and knowledge of current trends and best practices in design
guideline methodology.
The final product will be formatted for hard copy production, as well as for use online. This
will include hot links to other reference materials and information sites that are accessible
from the web. It also will be formatted to be more "open ended," to facilitate other updates
when they become necessary. For example, chapters and sub -sections within chapters will
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be designed such that they can be modified without causing changes throughout the
document. The consultant will be able to demonstrate proficiency in the Adobe Creative
Suite and SketchUp.
• Meetings and Coordination:
o The consultant agrees to provide City staff with monthly progress reports. The
consultant also agrees to meet with City staff prior to the start of the project in person
to discuss the methodology of the project, and as needed during the project. The
consultant will attend public meetings, to introduce the project and to discuss the
results, as needed. The outreach process will be joined with the concurrent OTNP.
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EXHIBIT B
Old Town Neighborhoods
Design Guidelines/Pattern Book Scope
Winter & Company will provide a Pattern Book and Design Guidelines to address compatible design
for Single-family, Two-family and Multi -family (up to four dwelling units) and Carriage Houses within
the NCL and NCM Old Town Neighborhoods zone districts (this document will update the East Side and
West Side Neighborhood Design Guidelines). The document will provide graphics and concise design
guidelines in a pattern book approach. The following topics will be addressed: neighborhood design
context; new construction: site design, mass & scale, articulation, materials; historic preservation
(including additions to historic structures) and sustainability. To complete this assignment we will meet
with the community, City Council, Planning & Zoning, Historic Preservation Commission, staff and the
Old Town Neighborhood Plan Design Team to set direction, collect comments and present materials.
The project will have three distinct steps, as summarized below. Additional detail and cost informa-
tion is provided on the following pages, including potential additional services for zoning updates.
We will attend a start-up session on -site with staff and Old Town Neighborhoods Plan Team to lay the
groundwork for the project.
In addition, our team will engage the community and stakeholders in sharpening their vision in a
kickoff workshop with hands-on activities that will inform development of the design guidelines and
associated pattern book. These sessions will be coordinated with the Old Town Neighborhoods Plan
public outreach efforts.
Material from the Eastside and Westside Neighborhoods Character Study will provide a basis for
understanding the unique contexts that exist throughout the neighborhoods. We will fine-tune the
neighborhood contexts during the public outreach process.
We will develop an outline and three user-friendly mock-up alternatives for the guidelines format
using Adobe InDesign software. The following drafts will be developed:
• Draft Nl
• Draft #2
• Final Document
Public outreach will be provided for each draft. Public outreach includes workshops, meet -up meetings
and focus group meetings. We will also conduct two City Council work sessions.
City staff will attend adoption hearings; we will provide presentation materials.
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