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HomeMy WebLinkAboutRFP - 8458 REVIEW OF HISTORIC PRESERVATION POLICIESRFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 1 of 19 REQUEST FOR PROPOSAL 8458 REVIEW OF HISTORIC PRESERVATION POLICIES, CODES & PROCESSES The City of Fort Collins is requesting proposals from qualified firms to review the City’s Historic Preservation Program policies, codes and processes, to identify strengths and weaknesses and provide recommendations for improvements based upon best practices nationally. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), February 24, 2017 and referenced as Proposal No. 8458. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Karen McWilliams, at (970) 224-6078 or kmcwilliams@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Karen McWilliams , with a copy to Ed Bonnette, no later than 5:00 PM our clock on February 10, 2017. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 2 of 19 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 3 of 19 REQUEST FOR PROPOSAL 8458 Review of Historic Preservation Policies, Codes and Processes I. OVERVIEW: The City of Fort Collins is requesting proposals from qualified firms to review the City’s Historic Preservation Program policies, codes and processes, to identify strengths and weaknesses and provide recommendations for improvements based upon best practices nationally. II. SCOPE OF SERVICES: The policies, codes and processes review project will revisit the existing vision, policy directives, and implementation actions in each historic preservation program area; and, working with customers, stakeholders, policy makers, and staff, will document each area’s strengths and weaknesses and provide recommendations for improvements. The final comprehensive report will identify existing policies, code sections and processes that are working well and those needing improvement, with accompanying strategies for accomplishing this. The report will include supporting evidence for conclusions reached; and will provide recommendations for promoting “best practices,” with strong rationales for why each existing or proposed strategy is the best practice for Fort Collins. The project will review traditional processes such as landmark designation, design review, and demolition/ alteration review of buildings 50 years or older, but will also include emerging issues important to the community, such as addressing policy and code issues associated with compatible and appropriate infill development in both designated and non-designated historic commercial and residential areas; and a review of the current policies that inform our determinations of eligibility. Program areas for policy, code and process review include the following:  Local landmark designation, and the policies and processes for non-consensual landmark designation;  Demolition/alteration review of non-designated buildings 50 years or older, including the policies and processes for determining local eligibility; the length of standing of these determinations; and solutions for managing the increasing numbers of reviews;  Development review, including establishing areas of adjacency, and an assessment of the historic preservation related development review codes and processes.  Remedying of dangerous conditions on non-designated properties, including methods for resolving demolition by neglect. III. CONSULTANT QUALIFICATIONS: Consultant team should demonstrate expertise in working with local government organizations to analyze policies, processes and code language, and a track record of successful process improvements. The team should have a demonstrated track record of work in similar communities experiencing a context of similar size, strong economic growth, low vacancy rates, and rapid development. Other critical qualifications include:  A strong background in applying historic preservation policies, standards and criteria;  A strong background in applying codes related to infill development and historic preservation: RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 4 of 19  A strong background in group facilitation and consensus building methodologies, and be well-versed in strategies to engage both diverse and hard-to-reach groups.  A strong background in quality improvement methodologies, including the ability to identify and provide a convincing rationale for why a strategy best supports the current values of the community and the strategic objectives of the City of Fort Collins. IV. PAST HISTORIC PRESERVATION PROGRAM REVIEW EFFORTS AND CURRENT AND FUTURE PRIORITIES: Because the local preservation program in Fort Collins is tied directly to state and federal programs and legislation, this project is expected to refine and build upon previous planning efforts and reviews of the Fort Collins Historic Preservation program and to reflect the general direction, trends, and best practices defined at the local, state, and national levels. Key documents include the Historic Resources Preservation Program Plan, adopted in 1994 as a part of Fort Collins’ comprehensive plan; the 2010 Historic Preservation Program Assessment and Implementation Plan; the Historic Preservation Improvement Plan, conducted in two phases between 2012 and 2014; two studies currently underway addressing the topics of area of adjacency and demolition by neglect; and the relevant sections of the Municipal and Land Use Codes. The project should also consider the relevant goals and strategies found in the 2016 update of “The Power of Heritage and Place: A 2020 Action Plan to Advance Preservation in Colorado” and the recently released federal report from the Advisory Council on Historic Preservation, which reflects public and stakeholder input from across the nation. Links to key documents may be found below: {some links still need to be added}  Historic Resources Preservation Program Plan (1994) http://www.fcgov.com/historicpreservation/pdf/hrppp.pdf  Historic Preservation Program Assessment and Implementation Plan (2010) http://www.fcgov.com/historicpreservation/pdf/hppa.pdf  Program Changes, Historic Preservation Improvement Plan (2012 – 2014) http://citydocs.fcgov.com/?cmd=convert&vid=72&docid=2238358&dt=AGENDA+ITEM&doc_ download_date=APR-01-2014&ITEM_NUMBER=17  Municipal Code Chapter 14, Landmark Preservation https://www.municode.com/library/co/fort_collins/codes/municipal_code  Land Use Code Section 3.4.7, Historic and Cultural Resources https://www.municode.com/library/co/fort_collins/codes/land_use  “The Power of Heritage and Place: A 2020 Action Plan to Advance Preservation in Colorado” (2016) http://www.historycolorado.org/content/state-preservation-plan  The National Historic Preservation Program at 50: Priorities and Ideas for the Future (2016) http://www.achp.gov/p50ideas.pdf  Study on Area of Adjacency (in process)  Study on Demolition by Neglect (in process) V. SCHEDULE AND PROCESS The code and process review project will begin in early March 2017, and will be completed in 2017. Below are projected milestones for the project: RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 5 of 19 VI. EXPECTED DELIVERABLES:  Outreach with citizens, customers, stakeholders, and policy makers, on each program area under review; final summary report of outreach efforts, including tools used, results, and transcription of questions, answers and comments.  Summary report of current conditions assessment of each of the program areas studied.  Final report, with evaluations of where we are already on the leading edge of historic preservation policies, codes and processes; and areas needing improvement, with recommendations for improvements and innovations based on demonstrated positive results achieved by the application of these best practices in other communities  Summary and final documents need to be submitted in both .doc and .pdf formats.  Presentation of results to Landmark Preservation Commission and to City Council (two presentations anticipated).  Bi-weekly calls or meetings with City’s project manager and historic preservation staff to discuss progress. VII. SUBMITTAL REQUIREMENTS: Qualified consultants interested in performing the work described in this request for proposals must submit a complete proposal which addresses all elements of this RFP. A proposal that Consultant Selection Task 1: Work Plan Finalization and Project Kickoff Task 2: Familiarization with Existing Codes and Processes Task 3: Initial Community and Stakeholder Outreach Task 4: Landmark Designation Codes and Process – Review/Report Task 5: Design Review Codes and Processes, incl. Compatible Infill within Historic Districts - Review/Report: Task 6: Demolition/Alteration Codes and Processes - Review/Report: Task 7: Development Review and Infill Codes and Processes – Review/ Report Task 8: Dangerous Conditions and Demolition by Neglect Codes and Processes - Review/Report Task 9: Stakeholder and Internal Review of Draft Documents Task10: Landmark Preservation Commission Discussion Task11: City Council Work Session Task12: Final Report and Implementation Plan RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 6 of 19 does not include all of the information required may be deemed incomplete and is subject to rejection. It is expected that this project will be a collaborative effort with the City of Fort Collins; within your response please include how you would anticipate utilizing City staff in an effort to save costs where possible. Limit the total length of your proposal to a maximum of 25 pages (excluding covers and dividers). The City reserves the right to reject proposals received that exceed 25 pages. Responses must include all of the items listed below, in the order listed: 1. Executive Summary/Project Understanding: The Executive Summary should highlight the content of the proposal and features of the services offered, including a general description of the services and any unique aspects or benefits provided by your firm. Exhibit A Proposal Acknowledgement is to be included with your Executive Summary. 2. Methods and Approach: Describe your recommended approach to achieve each of the tasks outlined above. Consultants are encouraged to think beyond the given tasks and provide innovative and cost effective ideas to ensure a successful project that can be completed within the budget and timeline. Highlight any additional components your firm would offer within the budget and time constraints, such as additional tasks performed, innovative outreach and data analysis efforts, or other enhancements.  Project Approach – A brief description of the Consultant’s approach to delivering the outcomes described in this RFP.  Scope of Services – A brief outline and discussion of the proposed scope of work, relating the outline provided above and any changes, modifications, or enhancements.  List of Deliverables – A brief list of the key deliverables associated with the proposed scope of work, all deliverables will be the property of the City.  Sustainability – All qualified consulting firm/teams participating in the submitted proposal are to explain briefly what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. 3. Consultant Qualifications and Experience: The Consultant should provide the following information: A. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). B. Qualifications of your firm and qualifications and experience of the specific staff proposed to provide consulting services. A résumé for key professional and technical persons assigned to the contract shall be submitted. Identify the primary contact person and roles of each staff member. Please limit resumes to one-half page. C. Provide a list of similar projects completed in the last five years by the key members of the proposed team. RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 7 of 19 D. References (current contact name, current telephone number and email address) from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. 4. Team Profile: Who is on your proposed Project Team for the City. 5. Schedule: Provide a detailed project schedule showing milestones, review deadlines, and deliverable dates. 6. Budget & Fees: Note: The budget for this project is $50,000. A. Consultant shall provide an itemized firm-fixed price for the assessment including the fee schedule and estimated hours. Reasonable expenses will be reimbursable as mutually agreed at cost. B. Provide a cost for each section separately and a total cost for the sections as a whole. VIII. REVIEW AND ASSESSMENT Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 8 of 19 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line- item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager’s estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? COMMODITY CODES USED FOR THIS RFP: 918-32 Consulting Services (Not Otherwise Classified) 918-58 Governmental Consulting 918-75 Management Consulting 918-83 Organizational Development Consulting RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 9 of 19 906-48 Historical Preservation Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Professional shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 10 of 19 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations: a. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 60days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 11 of 19 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to 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: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 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 RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 12 of 19 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 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 insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. 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. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 13 of 19 medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. 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. 10. Project Drawings. Upon request 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 quality, 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 owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. 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. 12. 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. 13. Subcontractors. The 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 RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 14 of 19 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. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 15 of 19 19. 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. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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 RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 16 of 19 authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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 the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 17 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 18 of 19 EXHIBIT 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 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. 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 $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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP 8458 Review of Historic Preservation Policies, Codes and Processes Page 19 of 19 EXHIBIT 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.