Loading...
HomeMy WebLinkAbout549313 MIG INC - CONTRACT - RFP - 8274 LOW IMPACT DEVELOPMENT IMPLEMENTATION MANUAL8274 Low Impact Development Implementation Manual Page 1 of 17 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 MIG Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with RFP 8274 Low Impact Development Implementation Manual and the scope of services attached hereto as Exhibit A, consisting of five (5) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence August 1, 2016, and shall continue in full force and effect until July 31, 2017, 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: MIG, Inc. Attn: Jay Renken 158 Fillmore Street, #400 Denver, CO 80206 City of Fort Collins Attn: Basil Hamdan 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: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 2 of 17 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, manuals, 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 D, consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit C, consisting of two (2) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed forty nine thousand, eight hundred sixty dollars ($49,860). 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. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 3 of 17 10. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 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 DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 4 of 17 of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th 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 DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 5 of 17 this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E – Confidentiality and Exhibit F – Fort Collin Expense Guidelines, consisting of one (1) and two (2) pages respectively, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney MIG, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8/4/2016 Daniel S. Iacofano Principal/CEO 8/5/2016 8274 Low Impact Development Implementation Manual Page 6 of 17 EXHIBIT A SCOPE OF WORK 1. Summary and Background The City of Fort Collins is currently developing a Low Impact Development (LID) Implementation Manual. The manual will serve as a tool for Consultants submitting LID projects for review by the City of Fort Collins illustrating the LID concepts under different land use types and drainage conditions and providing general guidance for the successful implementation of an LID project that meets the current City of Fort Collins LID criteria. 2. Project Purpose and Description The purpose of this project is as follows: Develop an LID implementation Manual for the use of citizens the public and Consultants attempting to meet the City of Fort Collins Stormwater Criteria in LID design. The Fort Collins Stormwater Criteria Manual can be reviewed online for further information about existing regulations. The document must clearly give guidance on how to meet the recently updated City of Fort Collins LID Ordinance, also available on the City’s website. This implementation manual will draw on real life examples from Fort Collins and other similar communities along the Front Range where LID projects have been successfully constructed. City staff will provide the Consultant with GIS information needed, list of current Fort Collins regulations, and contribute various implementation examples to draw from in collaboration with MIG and will work closely with the MIG to revise and update document in order to address City comments. 3. Project Scope The scope of this project includes all design and development of the LID implementation manual. The following criteria must be met:  Visually and aesthetically pleasing document  User-friendly environment that is easy to navigate  Consistency of design across all pages  Ability to display content on City’s website and easily navigate and migrate current web content to new web site  Site can be changed/modified easily  All licensing requirements should be included as part of this project and given to the City of Fort Collins  Document should be searchable with key-word searches based on site content  Document should be compatible with all current web browsing technology and easily upgradeable  Document should illustrate schematically all LID examples given  Document must include construction level details for common LID practices in the City of Fort Collins and along the Front Range DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 7 of 17  Document should clearly state what LID strategies are desirable and applicable in the City of Fort Collins and how they help attain compliance with the Stormwater Criteria Manual  Document should include high quality photography of successful local implementation examples  Ability on the winning bidder’s team to work closely with Stormwater Quality Engineer and LID Roundtable team to discuss and revise draft document to address comments from review team  Ability to assist in any public outreach to design professionals, Boards and Commissions, and citizens at large. City personnel will be responsible for facilitation and administration of the public process involved in the vetting and approval for this document 4. Project Tasks TASK 1: PROJECT ADMINISTRATION Working with the City’s Project Manager, MIG will schedule monthly project management meetings to provide up-to-date progress reports throughout the project. Deliverables: •Project Schedule (Email as needed) •Project Management Meetings (Monthly by Phone) •Progress Reports (Monthly by Email) City Staff Role: •Attend project management meetings TASK 2: PUBLIC OUTREACH MIG will work with City staff and the Project Steering Committee to ensure that the Public Participation Plan is tailored to engage key Fort Collins community stakeholders. Based upon recent success in the Old Town Neighborhoods Plan effort, MIG suggests using focus groups, interactive community workshops and online surveys as potential tools to gather meaningful feedback. Accessibility is a core principle at MIG. Whether designing streets, written documents or presentation materials, creating accessibility is ingrained in all of MIG’s work. The Public Participation Plan will include:  An easy to follow narrative and graphic of overall outreach roadmap  Engaging presentation materials for public meetings and briefings to Fort Collins City Officials  The roadmap will include stakeholder meeting points and planned outcomes from each stakeholder meeting Community Stakeholders will likely include:  Local Developers  Local Design Professionals (Architects, Landscape Architects, Civil Engineers, Geotechnical)  Local Site Contractors  Local Maintenance Contractors  Local Material Suppliers (Nurseries, Aggregates, Soil)  Neighborhood Community Council DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 8 of 17  Residents-at-Large  University Students, Staff and Representatives Deliverables:  Public Participation Plan (Draft/Final)  Presentation Materials City Staff Roles:  Locations for and hosting of Community Stakeholder meetings  Post notices on existing City websites in high traffic areas  Disseminate email and/or written notifications  Meetings with, and presentations to City Officials  Review Draft Public Participation Plan TASK 3: GUIDANCE DOCUMENT DESIGN DEVELOPMENT MIG Principal and Interdisciplinary GSI Implementation Expert Peg Staeheli will assist Principal- in-Charge Jay Renkens in leading the preliminary brainstorming meeting with the Fort Collins Project Steering Committee and key Project Team members. Peg is a Landscape Architect with experience leading communities across the country through topics of LID integration. Peg recently led an interdisciplinary workshop on LID and mobility design for the City of Calgary, Alberta. The goal of the preliminary brainstorming meeting will be to identify the top five barriers to LID implementation and the top five land uses that will be targeted for this LID Implementation Manual. This will provide the Project Team with a focused pathway of where construction level details are needed as well as flexible design guidance. LID Implementation Barriers may include:  Need for local design experience  Need for local construction experience  Maintenance concerns  Need for developer understanding of integrated site planning  Specific site constraints  Inspector/Reviewer guidance Focus areas may include:  Institutional (School, Public Facility, etc.)  Single Family Residential  Multi-Family Residential  Downtown Commercial/Mixed Use  Adaptive Reuse  Right-of-Way The MIG Team will begin by assembling a portfolio of existing City documents with related information and direction and best practices from other areas. MIG will then redline relevant aspects of these documents to provide recommendations of policies, guidance details and materials to be incorporated or adapted into the Fort Collins LID Implementation Manual. DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 9 of 17 Using concepts from the existing documents, MIG will develop a Manual outline. MIG will lead a working meeting with City staff to review and update the redlined documents and Manual outline. MIG will develop land use templates as visual aids for a working meeting with Fort Collins City staff. Schematically laying out Best Management Practices (BMPs) on the land use templates, like a paper doll with varying outfits, City staff and MIG will work together to identify which BMPs to incorporate for each land use scenario. Best practice documents may include publications from:  Keep It Clean Partnership  Colorado Association of Stormwater and Floodplain Managers  Urban Drainage and Flood Control District  Colorado Geological Survey  U.S. Environmental Green Infrastructure Research  Low Impact Development Center  University of New Hampshire Stormwater Center  National LID Clearinghouse  North Carolina State University Stormwater Engineering Group  Puget Sound Partnership  San Francisco Public Utilities Commission  Seattle Public Utilities  City of Tacoma  City of Mesa  Houston-Galveston Area Council TASK 4: REVIEW AND REVISIONS TO IMPLEMENTATION MANUAL DOCUMENT The 60% LID Implementation Manual submittal will be a progress draft. Background and general text will be filled in, leaving placeholders for specific narrative portions that are still under development. The draft will begin to integrate high quality photos of different LID implementation and placeholders where photos are not yet available. Land use scenarios, as identified in working meetings, will be illustrated schematically. Context sensitive – not cookie cutter – details are crucial for successfully implementing LID in the unique Fort Collins environment. Technically precise details with flexible design guidance can enhance the capabilities of local designers. Additional BMPs:  Tree Box Filters  Modular Suspended Pavement Systems  Precast Bioretention Planters After incorporating review comments from the 60% submittal and receiving City finalized drawings, calculations and planting lists, MIG will provide a 90% Implementation LID Manual draft. This draft will include full land use scenario graphics and complete the placeholder portions of the 60% draft. Deliverables:  Manual Outline and Redlines of Existing Documents DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 10 of 17  Redlines of Construction Details and Plant Lists  Drafts of LID Implementation Manual (60% and 90%) City Staff Roles:  Participate in preliminary brainstorming meeting  Participate in working meetings  Review 60% Draft  Perform LID Sizing Calculations for land use scenarios  Develop construction details  Develop planting lists TASK 4: REVIEW AND REVISIONS TO IMPLEMENTATION MANUAL DOCUMENT MIG Senior Civil Engineer Kathy Gwilym will provide technical QA/QC and constructability review. Kathy has over 14 years of experience providing both agency and developer guidance. Her focus on regulatory compliance and constructability provides the often missing link between idea and construction documents for LID implementation. Meeting with the Project Steering Committee to review the 90% LID Implementation Manual, MIG and Fort Collins City staff will identify revisions necessary to bring the Manual in line to overcoming the implementation barriers identified in the Preliminary Brainstorming Meeting. Deliverables:  Final LID Implementation Manual (Technical Updates) City Staff Roles:  Review 90% Draft  Finalize construction details  Finalize planting lists TASK 5: ELECTRONIC PLAN DEVELOPMENT MIG’s in-house content designers will review and update the manual at key milestones to ensure that the document has a consistent, visually engaging and easy to navigate design. The LID Implementation Manual will be published in the latest version of Adobe Acrobat to make it searchable and compatible with web browsing technology, as well as easily upgradable. Deliverables:  Final LID Implementation Manual (User Experience Updates) TASK 6: FINAL DOCUMENT APPROVAL MIG will support the adoption of the manual by developing meaningful and interesting presentation materials including schematics, graphics and narratives. Our experience presenting to elected officials, as well as boards and commissions, provides us with insight of the materials that are impactful to these groups of stakeholders. Deliverables:  Presentation Materials DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 11 of 17 EXHIBIT B PROJECT SCHEDULE Attached is the expected schedule for the project. It will be adjusted for the correct start date and any agreed upon change orders. Ft. Collins LID Implementation Manual Tentative Schedule 7/19/2016 NO. ITEM DATE 01 Notice to Proceed August 1, 2016 [Begin Research] August 2 – September 9, 2016 02 Brainstorming Meeting #1 August 10, 2016 03 Public Participation Plan September 2, 2016 [Begin Public Outreach] September 5 – October 7, 2016 04 Consultant Team Develops: September 9, 2016 Redlines of Existing Docs Document Framework Land Use Templates [Begin Manual Writing] September 13 – December 9, 2016 05 Wrap-up Preliminary Working September 23, 2016 Meetings w/ City Staff 06 60% LID Implementation October 7, 2016 Manual Submittal 07 60% Review Meeting #1 October 17, 2016 08 Technical Inputs from City October 28, 2016 Staff Due 09 90% LID Implementation November 11, 2016 Manual Submittal 10 90% Review Meeting #1 November 21, 2016 11 Final LID Implementation December 9, 2016 Manual Submittal DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 12 of 17 EXHIBIT C COMPENSATION DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 13 of 17 DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 14 of 17 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not 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. DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 No new insurance required 8274 Low Impact Development Implementation Manual Page 15 of 17 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 16 of 17 EXHIBIT F Fort Collins Expense Guidelines: Lodging, Per Diem Meals and Incidentals and Other expenses: January 1, 2016 Fort Collins Policy: Lodging:  Hotels will be reimbursed at $109/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $109 limit, i.e. the rate is $109 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $59  Travel Days rate: 75% of $59 = $44.25 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage.  Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2016 is $0.54.  Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies);  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local);  Items that are supplied by the City. DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 8274 Low Impact Development Implementation Manual Page 17 of 17 Time Frame for Reporting  Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $109/day for hotel and $59 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $13  Lunch: $15  Dinner: $26  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $44.25 for Fort Collins. DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 INSR ADDL SUBR LTR INSR 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 POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY 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 INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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 $ PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: JECT LOC 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 SAGITTA 25.3 (2014/01) DESCRIPTIONS (Continued from Page 1) before the expiration date thereof, the issuing insurer will mail 30 days written notice to the Certificate Holder. 2 of 2 #S1771082/M1745294 DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY 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 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORDTM CERTIFICATE OF LIABILITY INSURANCE 8/04/2016 Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Jo Lusk 510 465-3090 510 452-2193 jlusk@dealeyrenton.com Moore Iacofano Goltsman, Inc. 800 Hearst Avenue Berkeley, CA 94710 Travelers Indemnity Co. of Conn Travelers Property Casualty Co Twin City Fire Insurance Co. ACE American Insurance Company 25682 25674 29459 22667 A X X X 6802G239267 08/31/2015 08/31/2016 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 B X X X BA2G258325 08/31/2015 08/31/2016 1,000,000 B X X CUP0H758762 03/22/2016 08/31/2016 10,000,000 10,000,000 C N 57WEDD8525 04/01/2016 04/01/2017 X 1,000,000 1,000,000 1,000,000 D Professional Liability G21656434013 07/01/2016 07/01/2017 $2,000,000 per Claim $3,000,000 Annl Aggr. General Liability Policy excludes claims arising out of the performance of professional services. Note: 30 days notice of cancellation will be given except 10 days for non-payment. Project Name/Number: Fort Collins Low Impact Development Manual/#73402.00 City of Fort Collins, its officers, agents and employees are named as Additional Insured as respects General Liability and Auto Liability coverages. Should any of the above described policies be cancelled (See Attached Descriptions) City of Fort Collins Attn: Basil Hamdan P.O. Box 580 Fort Collins, CO 80522 1 of 2 #S1771082/M1745294 Client#: 2042 MOOREIACO AZM DocuSign Envelope ID: B01860BB-1C60-49BA-9ED4-E7AF168FEBF7