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538689 HUMSTONE CONSULTING - CONTRACT - RFP - 8219 LOOMIS ADDITION SURVEY (3)
Professional Services Agreement 8219 Loomis Addition Survey Page 1 of 15 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 Humstone Consulting, 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 for 8219 Loomis Addition Survey in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) 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 February 15, 2016, and shall continue in full force and effect until December 31, 2017, 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: City: Copy to: Humstone Consulting Attn: Mary Humstone, Principal 4420 Bingham Hill Road Fort Collins, CO 80521 humstone@gmail.com City of Fort Collins Attn: Maren Bzdek, Historic Preservation Planner 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 be the Professional's sole right and remedy for such termination. DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 2 of 15 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 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 B, consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “A”, consisting of seven (7) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Seventy Thousand Dollars ($70,000.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. 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. 8. 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 DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 3 of 15 for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 4 of 15 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. 15. 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. 16. 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 DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 5 of 15 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 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 6 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney HUMSTONE CONSULTING By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED 2/15/2016 Mary Humstone Principal 2/17/2016 Professional Services Agreement 8219 Loomis Addition Survey Page 7 of 15 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins is seeking a qualified historic preservation consulting firm to conduct a historic property survey of the Loomis Addition in Fort Collins. Located immediately west of downtown Fort Collins, the Loomis Addition consists of 312 predominantly residential properties contained within 15 blocks. Two thirds of the existing homes were built between 1885 and 1920, with the largest proportion constructed in the first decade of the 1900s. The Loomis Addition is surrounded by Whitcomb Street and Washington Avenues, on the east and west respectively, and by Laporte Avenue to the north and Mulberry Street to the south. SCOPE OF SERVICES/DELIVERABLES (CITY): Project Budget - This survey project is funded in part through a State Historical Fund grant from History Colorado. The total budget for this project shall not exceed $70,000. Proposed Consulting Services - The project will consist of four major components: an architectural reconnaissance survey of primary and secondary resources on 280 properties, using History Colorado’s Historical and Architectural Reconnaissance Form (OAHP #1417); the intensive level survey of primary and secondary resources on 32 properties, using History Colorado’s Architectural Inventory Form (OAHP 1403); a comprehensive survey report, prepared in accordance with History Colorado’s Colorado Cultural Resource Survey Manual; and community education and outreach, consisting of two meetings of the Landmark Preservation Commission, a neighborhood project introduction meeting, and, in collaboration with Protect Our Old Town Homes (POOTH), presenting at a neighborhood event or workshop. Products/Deliverables - The consultant shall provide two (2) paper copies of all draft survey forms and the draft survey report, plus a .docx file of each; one (1) unbound and three (3) bound copies of the final survey forms, plus .docx file and “web ready” Adobe Acrobat.pdf format; one (1) unbound and three (3) bound copies of the final survey report, plus .docx file and a “web ready” Adobe Acrobat.pdf format; and one set of print photographs and two cd’s of high resolution .tif files. At the end of the project, the consultant shall submit a copy of all research material, organized by property address as appropriate. Whenever possible, research materials shall be provided electronically, in Microsoft Word and Adobe Acrobat.pdf, and .jpg, .tif, or .png photograph and map files, or other format acceptable to the City. All draft and final products shall become the property of the City of Fort Collins. Additionally, the consultant will submit a monthly status report, due on the first of each month. The consultant also agrees to meet in person with the City of Fort Collins Historic Preservation Division staff and with the staff of History Colorado and the State Historical Fund, on an as-needed basis. Both reconnaissance and intensive level survey forms will include detailed architectural descriptions and photography of all primary and secondary buildings accessible from public rights of way, including alleys; notable landscape features; a sketch map; descriptions of alterations and additions; and when possible will provide an assessment of eligibility for both Fort Collins Landmark and National Register listing. Intensive level survey forms shall also include a comprehensive construction history, historic background narrative, significance and integrity assessments for local, state and national listing, bibliography, scaled sketch map, and location map. Where information is not available, this shall be indicated. Photographs will be processed and labeled in accordance with current History Colorado/OAHP standards. The consultant should make sure they have consulted the OAHP website (www.historycolorado.org/oahp/survey-inventory-forms) for the latest photographic standards, prior to the submission of any inventory forms. Archival quality sleeves shall be provided by the DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 8 of 15 City. The comprehensive survey report, with maps and charts, shall adhere to the guidelines in the Colorado Cultural Resource Survey Manual. Following consultation with staff, the Landmark Preservation Commission and History Colorado, the survey report will identify individually eligible, contributing and not eligible resources, as well as potential Fort Collins Landmark and National Register districts. Determinations of eligibility shall be entered into a spreadsheet format provided by the Historic Preservation Division. Qualifications - The firm selected will demonstrate successful experience in surveying historic residential resources at the intensive level, and in the completion of forms and reports required by History Colorado. All personnel must be identified in the proposal, and a resume shall be submitted for each person working on the project. All key personnel shall meet the Secretary of the Interior’s professional qualifications for Historians or Architectural Historians as described in 36 CRF 61, “Procedures for Approved State and Local Government Historic Preservation Programs, April 13, 1984". The Project Manager shall assume ultimate responsibility for project deliverables and will be the primary contact for the project. History Colorado, at its discretion, shall have the opportunity to participate in the selection of any consultant hired to conduct any portion of this contract. No member, officer or employee of the City of Fort Collins, including the Landmark Preservation Commission, shall have any interests in this agreement or the proceeds thereof, except that such persons may provide technical consultative or oversight assistance in a voluntary capacity. Project milestones with anticipated completion dates: 1. City of Fort Collins (City) contracts with History Colorado and with consulting firm. February 2016 2. Initial consultation with History Colorado (HC) staff to discuss project. February 2016 3. Acquire and analyze HC/OAHP file search; conduct a file search of existing information, at the Fort Collins Museum of Discovery, in applicable City Departments, at Larimer County Departments, and in other relevant repositories or sources of information; review and synthesize existing property data. Compile property owner information. In consultation with the City and HC, identify 32 properties to be surveyed at the intensive level using form #1403. March 2016 4. 1st public meeting with Landmark Preservation Commission. March 2016 5. Neighborhood project introduction meeting. March 2016 6. Twenty-eight (28) sample draft reconnaissance survey forms (#1417), with associated photography, submitted to City for review. April 2016 7. Remaining draft reconnaissance survey forms, with associated photography, to be submitted in batches as work progresses. April 2016 through December 2016. 8. Archival research and intensive level survey (form #1403) for thirty-two (32) properties completed; all 32 draft intensive level forms, with associated photography, submitted to City for review. February 2017 9. All 312 surveys (280 form #1417, and 32 form #1403), submitted to City for final review. April 2017 10. In collaboration with POOTH, attend and present at neighborhood event or workshop. DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 9 of 15 TBD 11. Draft survey report, with maps and charts, submitted to City for review. May 2017 12. Revise and correct all draft deliverables in accordance with comments from the City and HC. June 2017 13. 2nd public meeting with Landmark Preservation Commission. May or June 2017 14. Organize and submit all final deliverables: final survey forms; final survey report; all research materials; all photographic materials, including prints, any negatives, and log; and final financials. June 2017 PROFESSIONAL’S RESPONSE: Methods and Approach to Scope of Services Project approach The Loomis Addition and surrounding Eastside and Westside neighborhoods of Fort Collins are under intense development pressure due to their historic architecture and mature landscaping, coupled with the desire to live close to downtown. Over the past 15 years, as many as 15 historic houses in the Loomis Addition have been demolished and replaced with larger new homes. The Loomis Addition Survey will build on the Loomis Addition Historic Context, providing architectural and historical information about individual properties, and analyzing each property for eligibility for Fort Collins Landmark and National Register of Historic Places listing. The Loomis Addition Survey Report will follow the guidelines of the Colorado Cultural Resource Survey Manual, and will include a methodology and summary historic context in addition to tabulations of survey results and recommendations on future use of the survey findings. The survey itself is envisioned as a neighborhood project, where residents can learn to identify historic architecture, and survey and research their own homes and those of their neighbors. It is hoped that this approach will engender interest in and respect for the buildings themselves, and not just for the overall cachet currently bestowed on our older, close-in neighborhoods. With this in mind, the survey team will act as teachers, coaches, and editors, as well as researchers, writers and surveyors. While we will conduct a significant portion of the surveys ourselves, Professional’s team will also train interested volunteers, and closely supervise their work. The consultant team members are all familiar with the Loomis Addition, having worked on the Loomis Addition Historic Context. Following an initial meeting with the City of Fort Collins and History Colorado, Professional’s team will prepare for the survey by collecting relevant information from local and state repositories, and adding updated data and property owner information to a Loomis Addition property database. Professional will complete 28 draft reconnaissance forms as requested, to be submitted by the end of April, 2016. However, the majority of the survey work will be completed during the summer and fall months. In April, 2016, Professional will partner with POOTH to present the first neighborhood meeting, which will serve as both an introduction to the project and an invitation to get DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 10 of 15 involved. Professional will include some initial training in recognizing features of historic architecture, and will ask for volunteers to help with the survey. Through a combination of file reviews, “windshield” surveys, and feedback from residents at the neighborhood meeting, Professional will develop a tentative list of 32 properties to be surveyed at the intensive level using form #1403. This list will be reviewed and refined in consultation with the City and History Colorado. Owners of intensive-level properties will be contacted by the City or the Professional, in order to gain access to the property for the intensive survey. In some cases the owners may want to assist with preparation of these forms. Professional will provide training for Loomis Addition residents interested in helping with the survey, and will work closely with volunteers to ensure an excellent product. Although this approach is more labor intensive than doing the work ourselves, Professional believes that only by engaging citizens in their community will the survey have a lasting impact on preservation of the neighborhood. All draft survey forms completed by both volunteers and the consultant team will be reviewed for accuracy and completeness by team leaders (Humstone and Massey). During the course of the survey (Spring-Fall, 2016) we will assist POOTH as requested with additional neighborhood events, including architecture-related activities for kids. Once all of the draft survey forms are complete, the Professional will compile the draft survey report. Comments and edits received from the City and History Colorado will be incorporated into the final drafts of the survey forms and the survey report. As project manager, Mary Humstone will oversee all elements of the project. In addition to preliminary research and survey work, Humstone will review and edit the survey forms, conduct the neighborhood meetings and training, and draft the survey report. Senior researcher Rheba Massey will identify and conduct in-depth historical research on the properties to be surveyed at the intensive level, as well as surveying at the intensive and reconnaissance level. Massey will also assist in training and working with volunteers. Carly Ann Anderson will manage the database, conduct surveys, complete survey forms, and oversee collection and labeling of photographs. Schedule of project milestones 2016 Feb/Mar Contract signed with City of Fort Collins (City) and History Colorado (HC) Initial consultation with City and HC to discuss project and refine goals and milestones First public meeting with Landmark Preservation Commission Complete file search and updating of property database Apr Meet with City and HC to identify 32 properties to be surveyed at the intensive level (#1403). Neighborhood meeting #1 – Introduction to project and call for volunteers May Twenty-eight (28) draft reconnaissance survey forms (#1417), with associated photography, submitted to City for review 32 properties to be surveyed at the intensive level (#1403) confirmed and permission obtained DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 11 of 15 Training for volunteers Jun-Jul Additional neighborhood events as proposed/planned by POOTH Aug One hundred (100) draft reconnaissance survey forms (#1417), with associated photography, submitted to City for review Nov One hundred (100) draft reconnaissance survey forms (#1417), with associated photography, submitted to City for review Dec Remaining fifty-two (52) draft reconnaissance survey forms (#1417), with associated photography, submitted to City for review 2017 Mar Thirty-two (32) draft intensive level survey forms (#1403), with associated photography, submitted to City for review. Apr All 312 surveys (280 form #1417 and 32 form #1403), submitted to City for final review. Draft survey report, with maps and charts, submitted to City for review. Attend and present at neighborhood event or workshop, in collaboration with POOTH May Comments from City and HC on all draft deliverables Jun 2nd public meeting with Landmark Preservation Commission Revise and correct all draft deliverables per comments of the City and HC Jun 30 Submit all final deliverables: final survey forms; final survey report; all research materials; all photographic materials, including prints, and log; and final financials. Deliverables Drafts: Electronic (.docx) and/or two paper copies of 312 draft survey forms and the draft survey report Finals: 312 final survey forms: one (1) unbound and three (3) bound copies and electronic files (.docx and “web ready” Adobe Acrobat.pdf format) One set of print photographs and two CDs of high-resolution .tif files, representing all 312 properties Final survey report: one (1) unbound and three (3) bound copies and electronic files (.docx and “web ready” Adobe Acrobat.pdf format) Electronic or paper copies of all research material, organized by property address as appropriate. Communication/meetings: Monthly status reports to the City due first of each month DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 12 of 15 Participation in meetings with the City of Fort Collins Historic Preservation Division staff and with the staff of History Colorado and the State Historical Fund, on an as- needed basis Participation in two public meetings with the Landmark Preservation Commission Participation in two neighborhood meetings or workshops, to be organized by the City or POOTH Anticipated interaction with the City and the public Humstone Consulting has significant experience working with the City of Fort Collins, including historic preservation staff and the Landmarks Preservation Commission, as well as History Colorado and POOTH, the neighborhood advocacy organization. Professional anticipates a close working relationship, with periodic meetings as outlined in the schedule of project milestones above, and additional meetings on an as-needed basis. Humstone Consulting will provide regular monthly progress reports to the City. We look forward to participating in two public meetings with the Landmark Preservation Commission. As outlined above, Professional anticipates close interaction with residents of the Loomis Addition, including at the very least a neighborhood introductory meeting and survey training, and a workshop for property owners. Organization Chart/Proposed Project Team Mary Humstone, project manager: - administer project - design and oversee survey and supervise sub-contractors - meet with City, HC and POOTH - present at Landmark Preservation Commission and public meetings - train volunteers - review and edit survey forms - compile and write survey report - compile and submit final documents Rheba Massey, senior researcher: - help design survey - conduct research for intensive survey forms - conduct intensive and reconnaissance-level surveys - present at Landmark Preservation Commission and public meetings - train volunteers - review and edit survey forms - assist with survey report Carly-Ann Anderson, survey assistant: - manage database - conduct intensive and reconnaissance-level surveys - complete survey forms Schedule of Rates DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 13 of 15 a. Hourly rates Hourly rates for Humstone Consulting personnel and sub-contractors are as follows: Mary Humstone, principal: $80/hour Rheba Massey, senior researcher: $60/hour Carly-Ann Anderson, survey and research assistant: $30/hour Hours anticipated to complete each task Task Total hours Cost 280 #1417 survey forms with photos 700 $36,500 32 #1403 survey forms with photos 250 $16,200 Survey report 80 $5,200 Administration* 40 $3,200 Public meetings, outreach, training 60 $4,200 TOTAL $65,300 *Includes financial management, reports to city, meetings with City and HC, etc. Direct non-labor expenses Item Cost Photo processing, labeling, supplies, etc. 1,250 photos $650 Printing and binding 6,500 pp $650 Office supplies $200 $200 Mileage $500 Total $2,000 Overall not-to-exceed cost: $70,000 Personnel: $65,300 Direct non-labor expenses: $ 2,000 Contingency (3.8%): $ 2,700 Total $70,000 DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED Professional Services Agreement 8219 Loomis Addition Survey Page 14 of 15 EXHIBIT B 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. DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED No new insurance required Professional Services Agreement 8219 Loomis Addition Survey Page 15 of 15 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER TYPEEXP OF INSURANCE POLICY EFF POLICY LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2013 ACORD CORPORATION. All rights reserved. ACORDACORD 25 (2013/04) The ACORD name and logo are registered marks of CERTIFICATE OF LIABILITY INSURANCE 2/15/2016 Benjamin S. Morgan 2627 Redwing Road #260 Fort Collins, CO 80526 970-472-1002 888-775-1596 Mary Humstone 4420 Bingham Hill Rd Fort Collins, CO 80521 970-482-8939 The Hartford Farmers A X X 34SEMPQ1416 06-09-15 06-09-16 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 B X 186427875 10/17/15 4/17/16 500,000 500,000 500,000 The City of Fort Collins, it's officers, agents and employees are named as additional insureds with regard to the General Liability policy and Automobile Liability. City of Fort Collins 281 N. College Ave Fort Collins, CO 80524 Ben Morgan Digitally signed by Ben Morgan DN: cn=Ben Morgan, o, ou, email=bmorgan1@farmersagent.com, c=US Date: 2016.02.15 11:33:00 -07'00' DocuSign Envelope ID: 63456A18-38BE-424F-9F96-14385BEC34ED