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HUMPHRIES POLI ARCHITECTS PC - CONTRACT - RFP - 8336 LIBRARY FACILITIES MASTER PLAN
Professional Services Agreement 8336 Library Facilities Master Plan Page 1 of 24 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", as agent, on behalf of the Poudre River Public Library District (District), and Humphries Poli Architects, P.C., 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 8336 Library Facilities Master Plan in accordance with the scope of services attached hereto as Exhibit "A", consisting of sixteen (16) 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 September 15, 2016 and shall continue in full force and effect until February 3, 2017, unless sooner terminated as herein provided. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City or District 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: Humphries Poli Architects, P.C. Attn: Dennis Humphries, AIA 2100 Downing Street Denver, CO 80205 DHumphries@HPArch.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Copy to: Poudre River Public Library District Attn: Ken Draves PO Box 580 Fort Collins, CO 80522 Copy to: Seter & Vander Wall, P.C. 7400 E. Orchard Rd, Ste 3300 Greenwood Village, CO 80111 In the event of any such early termination by the City or District, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 2 of 24 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, the District, their 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 and name the District as an additional insured 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 sixteen (16) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Sixty-Eight Thousand Five Hundred Dollars ($68,500.00). 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, a City or District 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 DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 3 of 24 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. 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 this 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 this 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 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, DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 4 of 24 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 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 DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 5 of 24 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: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 6 of 24 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: POUDRE RIVER PUBLIC LIBRARY DISTRICT By: _________________________________ Print Name: ___________________________ Title: _________________________________ Date: _________________________________ ATTEST: APPROVED AS TO FORM: HUMPHRIES POLI ARCHITECTS, P.C. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 9/22/2016 Dennis Humphries President Kenneth E Draves Interim Executive Director 9/22/2016 Assistant City Attorney 9/27/2016 City Clerk Professional Services Agreement 8336 Library Facilities Master Plan Page 7 of 24 EXHIBIT A SCOPE OF SERVICES The Poudre River Public Library District (the District) seeks proposals for a comprehensive Facilities Master Plan. The focus of the Facilities Master Plan is to identify space needs and options to optimize and expand library facilities within the District’s legally defined area, serving over 186,000 residents and encompassing a 1,800 square-mile region in northern Larimer County which includes the city of Fort Collins and the town of Timnath. The resulting plan will include a determination of capital needs, potential financial resources and service levels associated with each option. The Professional will assist in facilitating a public awareness and community input process to better determine taxpayers/residents service and facility needs. Based on state standards and peer statistics, the District believes its facility space is less than optimal for serving current and future residents. The Professional will also determine the best geographic locations and size for potential new facilities to serve the District’s growing population. In addition to information provided by the District management, the District’s 2016- 2018 Strategic Plan, 2015 Community Needs Assessment and 2016 OrangeBoy Market Analysis will be used for guidance. The District intends to use the Facilities Master Plan for up to the next ten years. OVERVIEW AND BACKGROUND The Poudre River Public Library District system consists of three library facilities, including the Old Town library (40,000 square feet) in downtown Fort Collins, the Harmony Library (30,000 square feet) on the Front Range Community College---Larimer Campus in southwest Fort Collins, and Council Tree Library (17,400 square feet) in the Front Range Village shopping complex in southeast Fort Collins. The District also owns Webster House Administration Center, a 10,000 square-foot facility which houses District administrative/support staff, Outreach Services staff and Collections staff. Council Tree Library opened in 2009. Old Town Library has been recently expanded and remodeled. Harmony Library is operated by the District but is owned and maintained by Front Range Community College. The District circulates more than three million physical and digital items annually, and receives more than one million visits to its public facilities a year. While the District does not anticipate size or significant structural modifications to the existing facilities in the short term, the three public facilities were designed or remodeled with flexible spaces and fixtures to facilitate space reallocation to meet future needs. SERVICES TO BE PROVIDED: PROJECT DELIVERABLE #1: Professional will develop a Facilities Master Plan, identifying space and facilities needs for the Library District and defining best approaches to address identified needs, and including the following Elements: Short-term Plan Elements o Current Facilities evaluation. Review space utilization, configuration and physical arrangement in four current District facilities. Make recommendations for optimal space utilization, and location and adjacencies of functional public and staff areas. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 8 of 24 Long-term Plan Elements o Identify the best geographic location, type and size for potential new facilities to serve the District’s population, to incorporate all elements identified below. A detailed project plan will be developed with the successful offeror. To assist potential offerors in preparing their proposed project costs, the following represents the known tasks that will be undertaken to complete the Facilities Master Plan. o Develop a thorough and effective community engagement process to involve a broad range of stakeholders, through inclusive public engagement processes, in identifying an optimal facilities service model, and locations, sizes and types of future library facilities. The public engagement process will utilize information recently developed by the District through surveys and studies. o Conduct an assessment of all current library facilities. Tour each facility and Interview staff. Review current and projected demographic data and recent District survey data for geographic areas surrounding each public facility. Review current layouts, configurations, locations and adjacencies of functional areas and make recommendations for optimal space utilization, arrangement and configuration of existing facilities. Make recommendations regarding the current and potential future uses of existing library spaces. o Incorporate the District’s mission, vision, values and strategic plan, current and projected demographic data, state and national standards, peer comparisons, public library trends and best practices into facilities analysis and recommendations. o Coordinate with staff, Trustees, public and other stakeholders to identify opportunities for partnered facilities and service outlets. o Incorporate technological innovations and opportunities into all facilities considerations. o Identify opportunities for providing sustainable, energy and resource efficient facilities. o Determine the optimal geographic distribution of library facilities, taking into account current usage patterns, facilities locations and current and projected population distribution and demographic profile. Present various models for new facilities (for example, fewer, larger facilities versus larger number of smaller facilities) and recommend optimal approach and locations, sizes and types of future library facilities. o Determine options for improvements in a phased, multi-year approach and a 10 year implementation schedule. The master plan will include short term and long range facilities recommendations. o Identify comprehensive projected capital needs for all aspects of design, construction, staffing and operation of new facilities. o Draft a preliminary report of recommendations for consideration by District staff and the Board of Trustees. o Complete a final report, with building and cost estimates for each proposed improvement project, as well as an analysis and recommendation related to the optimal model of distribution of library service outlets and facilities, estimated staffing requirements, and suggestions for funding options for recommended improvements. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 9 of 24 PROJECT DELIVERABLE #2: At the completion of the facility master plan, Professional shall provide a needs analysis report that identifies facility related needs and recommended options for the District. The report will also identify and develop a prioritized list of projects and major facility improvements required in the next five-ten years. The report will include summary options for future service delivery, and an estimated budget for each facility improvement project. The written report will also include an assessment of the current geographic distribution of library facilities within the District. Professional will recommend a phased facility plan for current and new facilities relative to the current and projected population in each region of the District and provide guidelines for when these new facilities would be considered. Professional’s Response to RFP: TASK A – PROJECT KICK-OFF MEETING Professional’s principals Dennis Humphries and Dick Waters will attend a kick-off meeting with the District’s project team (Dennis in person, Dick via telephone). The purpose of the meeting will be to confirm the overall goals of the approach, review our Proposal, discuss the timeline, and make adjustments that may be needed. A two-hour meeting is proposed. Task A timeline is September 13-14, 2016 or as soon as possible after date of execution of Professional Services Agreement. TASK B - REVIEW CURRENT CONDITIONS Professionals will lay the foundation for our recommendations by accomplishing these over- arching tasks for the project at the outset: Design effective methods for data and information gathering with appropriate measurement standards to ensure data usefulness for all tasks of the project, including input from Library staff, community stakeholders, and the community at-large. • Review the District’s current Strategic Plan, the 2015 Community Needs Assessment, and 2016 Market Analysis as well as Library mission, roles, goals, the Plans available via your website, Library Newsletter, policies, River’s Mouth Blog, and detailed usage and collection holdings data; • Tour the three Libraries with staff, including maintenance personnel, to fully understand current services and delivery methods prior to undertaking assessments of the existing services, information technology, and facilities; • Incorporate demographic, existing customer analytics/market segmentation, and psychographic data and usage of existing library services; and • Coordinate with the Leadership Team to obtain other relevant information needed for the planning process. TASK C - ASSESS SERVICE AREA POPULATION PROJECTIONS & DEMOGRAPHICS A data package will be generated that incorporates and analyzes statistics, reports, and surveys of all population, demographic, economic, and market segmentation data currently affecting the District to be used during the planning process, as well as future projections. Professional will obtain a current population and demographic report from a third-party provider. The package will examine current and projected data such as age cohorts, per person and household income, family size, educational attainment levels, employment, and resident and vehicle ownerships. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 10 of 24 This data will include, for each library, projections based on a 5- and 10-mile radius from each existing facility. TASK D - ECONOMIC FACTORS Professional will research the economic factors that have, or may have in the future, stimulus for future grown in the District’s service area. TASK E - PEER COMMUNITY COMPARISON Professional will compare the District with libraries serving similar populations (a range of 150,000 – 250,000). To complete this task we will tackle the following primary steps: • Identify peer communities as determined by District staff and suggested by ourselves; • Utilize data found in Colorado Public Library Statistics and Profiles, Colorado Public Library Standards, PLA Metrics and, as needed, supplemented with telephone and/or email contacts; • Research and tabulate the data; and • Document the findings in a draft report. TASK F - LIBRARY BEST PRACTICES Professional’s experience in working with libraries throughout the country provides us with a reservoir of examples on which to draw for best practices. Professional will also analyze library websites and other resources. Professional will document our findings in a draft report. Tasks B – F will be undertaken off-site and will be completed prior to Professional’s first full-team site visit. This work will also feed Project Deliverable #1 along with the results of the Community Engagement process. Timeline September 15 – 24, 2016. TASK G - COMMUNITY ENGAGEMENT In order to realize a successful Library Facilities Master Plan Professionals at HPA/Godfrey’s must undertake a comprehensive and robust Community Engagement process. The ultimate success of this project depends on the Professional and the District understanding the District’s community. Professional will, in concert with the Library District, plan and facilitate community and staff input regarding the Library and this planning project by: • Planning and facilitating six Community Meetings. Three meetings will take place, one in each of the current public use facilities, early in the project. Open to the general public, these meetings will focus on gathering input on library services and facilities, the strengths and weaknesses of each, and the ideas put forward for change and improvement. The second group of three will take place after we have prepared a draft final report. Professional will present a draft for the purpose of getting community feedback. This will help all concerned in crafting the final report. • Professional could also, as we did for the Champaign (IL) Public Library, cablecast the meetings and provide an opportunity for persons to call in with their questions in addition to questions that the “studio” audience asks. This type of format provides the opportunity for more public participation in the planning phase, especially by home-bound or non- ambulatory residents. Another approach that worked quite well was to have the local newspaper sponsor a meeting, as was done for a kickoff to our study in Jacksonville, Florida. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 11 of 24 • Conducting Stakeholder interviews is an extremely important portion of the process. Professionals propose one-on-one interviews with key stakeholders to determine their dreams and goals for the District, interviewing a variety of individuals including elected and appointed Fort Collins, Timnath, and Larimer County officials, business and educational leaders, community organization heads, and officers of the Library Board of Trustees, Library Trust, and Friends of the Library. Approximately 30 interviews are anticipated with each to last from 30 to 45 minutes. All will be conducted on-site. However, if necessary to meet busy stakeholder schedules Professionals can conduct some by telephone. Professional will need District assistance in identifying the Stakeholders, extending the invitations, and developing the interview schedules. Interviews. In addition to gaining input about community attitudes toward the District these interviews help build bridges between the District and potential funding sources. • Soliciting input via Focus Groups. Professional proposes eight focus groups be held with a cross-section of customer groups. In addition to providing valuable insight into the successes and failures of existing library services and facilities. Professional will, in consultation with the Library District’s Project Team, determine the makeup of the eight groups and the questions we will ask. Professional’s team has conducted numerous research projects seeking a marketplace advantage. Focus group research is one of the most effective, efficient, and inexpensive ways to take the pulse of a community. Professional has extensive experience in communication research and focus group facilitation. Our approach will help build and improve relationships between the District and those they serve. Information discovered during these discussions will assist all of us to better understand the thoughts, opinions, and expectations of the people living and working in the District’s service area. Professional proposes holding these discussions over a three-day period. Target groups could include caregivers of young children, teens, educators, business persons, senior citizens, and library customers. Focus Groups are typically held at the Library, but could be done off- site, to accommodate seniors or attract the desired audience. Professional’s team will finalize, via email consultation with your Project Director, the number of Focus Groups, their composition, schedules, logistics, and questions to be asked. Professional will request District staff to assist in the selection of individuals to participate in the groups, as well as to send invitations and provide light refreshments for each session. PLANNING AND ADMINISTERING TELEPHONE AND WEB SURVEYS Professional’s team will contract with a third-party provider for the Telephone Survey using RDD (random digital dialing). The results would capture opinions of both Library users and non-users. The Web Survey will be mounted on the District’s website. Professional will take the lead in developing drafts of each survey instrument. After they have been vetted by District personnel a test will be completed and if changes in the questionnaire are needed Professional will make them following consultation with the District’s Project Director. • Integrating information gathered from the three documents referenced in the RFP will be analyzed and included in Professional’s Community Engagement report; and • Soliciting input from Library staff members as part of the planning process via Staff Focus Groups. The staff perspective is important for a variety of reasons. Staff members interact with library customers and interface with technology and facilities on a daily basis. They have valuable knowledge to share. Furthermore, gaining staff “buy-in” DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 12 of 24 is essential if the Library Facilities Master Plan is to move forward. Professional proposes at least four focus groups with Library staff organized as follows; -Two of professional public services staff, -One of public services support staff, and -One of administrative and management staff. Tasks G will be undertaken on-site and will be completed over two site visits. This work will also feed Project Deliverable #1. Timeline September 25 – October 22, 2016 for all except the last three Community Meetings. They are proposed for November 3 – 5, 2016. TASK H – ASSESSING CURRENT LIBRARY FACILITIES Professional’s evaluation of the District’s four current facilities will address both functional and physical aspects of the Library. By separating functional and physical shortcomings, Professional is better equipped to analyze future needs versus current resources. Professional’s functional assessment of each facility will be performed by our Library Consultants. The physical assessments will be performed by our Architects. FUNCTIONAL ASSESSMENT Professional will analyze the current use of space within the existing buildings, collections, services, programming, technology, staffing, etc. Professional will rate each public use facility by grading each using 90 factors on a 0 – 5 scale. For the Webster House building Professional will use a lesser number of factors, retaining the 0 – 5 scale. Appendix Westminster Public Library Functional Assessments College Hill Irving Street Assessment Standards: EXTERIOR Overall Design/Appeal 1.0 3.0 overall quality Landscaping/Grounds 2.0 3.5 quality of planting, quality of maintenance Informational Signage 0.5 1.0 e.g. hours open, messaging, parking, book drop Lighting 1.0 2.0 adequate for safety & security, accents Clearly Defined Entrance 2.5 4.0 is the main entrance location obvious? PARKING Access/Egress at Parking 3.0 3.5 easy in/easy out Availability of Parking 3.0 3.0 adequate quantity, clear paths to entrance Availability of Bus Parking 0.5 1.0 dedicated bus parking space(s) Drive-Up Book Drop/Pick-Up 0.5 1.0 ease of access/exit, traffic flow INTERIOR Entrance Vestibule 3.0 2.5 adequate size, weather-resistance Entrance Lobby 4.0 2.5 adequate size, durability of materials Public Restrooms 4.5 4.0 adequate fixture quantity, location, cleanliness Signage: Wayfinding 1.5 2.0 appropriate amount, location, visibility Signage: Electronic Message 0.0 0.0 location, visibility, content Signage: Shelving 2.5 2.5 end of range, merchandising, special shelf Condition of Furnishings 4.5 4.2 tables, seating, workstations Condition of Equipment 4.3 4.1 shelving, booktrucks CUSTOMER SERVICE DESK AREA Visibility/Welcoming 3.1 3.5 appropriate size, location, visibility to/from Accessibility 2.8 3.3 wheelchair/child height station Staff Workspace 2.9 1.5 at desk, behind desk, customer holds Proximity of Delivery Area 0.0 0.0 access to/from workroom Self-Check Availability 3.6 3.5 location, visibility, adequate qeueing space DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 13 of 24 Professional will also undertake a comprehensive analysis of current library resources, with particular interest in the detail of the Library’s current and recent annual operational budgets. Professional has developed a set of output measures for gauging the operational efficiency of a given library in terms of service provided per operational dollar spent and per square foot of space. Professional will apply these measures to the District’s facilities and report our findings. Physical Assessment. Professional’s work on this task will start with a request for past maintenance reports and utility costs for the past five years. This data will provide insight as to any problems that may exist, and/ or if there appear to be opportunities to reduce maintenance and/or utility costs. Next, Professional’s team will come on-site to initiate the assessment of the elements described below. Professional will survey the current condition of lighting, electrical power, data, and telephone systems, as well as the architectural elements of foundation, superstructure, exterior envelope (walls, doors, windows, roof), vertical transportation (stairs, elevators, if any), and interior finishes. In addition, Professional’s assessment will include verification of: • Compliance with building code and ADA criteria; • Condition of life-safety systems, as present; • Condition of mechanical, electrical, and plumbing systems; • Improved energy efficiency opportunities; • Structurally-transmitted and other noise issues; • Building security issues; and • Facility maintenance issues. This comprehensive assessment of current conditions will address only the physical aspects of the building. It will be critical in determining the feasibility of the current buildings in fulfilling future needs. When the on-site assessment has been completed, Professional will document our findings in a draft report. Similar to the functional assessment, Professional’s report will include a narrative description and evaluation of the facility pinpointing specific issues to be addressed, as well as CAD floor plans (if available) and photographs. ALTERNATIVE FACILITY MODELS Professional will research options to meet future library service needs through a survey of alternative, non- traditional library facilities. We will not eliminate any options from consideration. Examples of alternative outlets could include: • Dallas Public Library’s Bookmarks children’s library in NorthPark Mall; • Houston Public Library’s Discover Green branch library located in a downtown park; • Saint Paul Public Library’s Rondo Library, a great example of a true public/private partnership; • Non bricks & mortar outlets such as materials dispensers and kiosks. Professional will explore several alternatives and provide the pros and cons of each – and valid cost data – capital and operational. Tasks H will be undertaken on-site and will be completed over two site visits. This work will feed Project Deliverables #1 and #2. Timeline September 25 – October 22, 2016. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 14 of 24 TASK I - IDENTIFY POTENTIAL PARTNERSHIPS Where potential exists for a unified approach to deliver specific services, Professional will identify those organizations or entities that are good candidates. Since the District is a part of the entire fabric of Fort Collins, Timnath, and Larimer County, it is important that Professional examine and make recommendations on how the District’s services and facility planning can best be coordinated and/or integrated with other area cultural, economic, and educational resources and services. This will be accommodated by means of personal contact with other agencies, discussion with staff, stakeholders, and our understanding of the collected data. Professional will examine the potential for partnerships and collaboration on an entity-by- entity basis. Consideration will also be given to opportunities that include different types of mixed use and joint-use facilities. Task I will be undertaken both on- and off-site. This work will feed Project Deliverables #1 and #2. Timeline September 25 – October 29, 2016 . TASK J – TECHNOLOGY Technology and public libraries have, for the most part, seemed like a battle of wills. Although librarians have willingly embraced technology, often budgets, lack of technical support, and rapidly evolving technologies have meant that libraries may not be able to keep up with the customer demands and their desire for ever increasing and sophisticated technologies. The lack of a “budget” also impacts the individual customer – or potential customer. The advent of the wireless revolution and the multitude of devices such as tablets and phones are allowing public libraries to better assess the technologies they purchase and implement. Development by the ILS companies has begun to be tailored towards using these technologies to better integrate and streamline workflows. Many companies offer solutions and associated technologies that compliment, and in some cases integrate fully, with the existing ILS systems. Librarians are constantly on the lookout for new and complimenting technologies that will help increase the amount and quality of services as well aiding productivity. That said, it is important to remind ourselves that no one size fits all solutions. Technologies should be implemented based upon customer and staff needs. Some of the trends of the past few years include: • Radio Frequency Identification (RFID) – With the cost of “tags” considerably less than even a few years ago the benefits of RFID are numerous. Being able to run a wand across a shelf of books to determine holdings is significant for collection development; • Automated Materials Handling Systems (AMHS) – These systems, properly sized and located in a facility, help to get materials back on the shelves more quickly, speeding up the delivery of “holds,” and reducing shelving time; • Automated Storage & Retrieval Systems (ASRS) – Usually associated with academic libraries, the planned new Boise Public Library (a Godfrey’s project) will be one of the first public libraries to have ASRS. One way ASRS can strengthen partnerships is the housing of materials from other libraries/ agencies – and a well-designed ASRS is not limited to housing only books; • Mobile Payment – Payment for services or fees can be supported by staff with a tablet or other device configured to accept such payments. Accepting credit and/or debit cards negates the need to handle cash for the customer and the library. It also means there is less likelihood of having to deny customers because of a lack of cash or a check book. As DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 15 of 24 with all e-commerce, standards for data security must be meet and an agreement with the Payment Card Data Security Standards (PCI) must be signed. All of this must be taken into account before implementation; • Responsive Web Design -- Portable web devices are not new. Customers are increasingly more reliant on smart portable devices, often their telephone. Responsive web design ensures that web pages are designed to provide optimal viewing experiences across multiple platforms; and • Digital Storytime & Literacy Aids -- Libraries have begun to use apps as part of storytime and literacy programs. The apps offer a full range of activities, e.g. reading, writing, music, gaming, etc. In addition to the apps, ABDO has a service, Instant Access that enhances e- book usage through QR codes placed on the cover of the physical title. All program titles have unlimited usage rights. A customer scans the QR code with their device and automatically access the title electronically. • Bandwidth -- There is no real recommendation that can be used as a definitive figure. The number of devices being used on any given connection impacts the figure. Wired PCs and devices or using wi-fi can impacts bandwidth availability despite the speeds advertised by the ISP. Library use of broadband typically includes e-mail and social media as well as streaming video and multimedia content. • Thin Clients - Thin clients are becoming more common, providing a modern windows interface to older desktop PC’s. Also, an existing server can sometimes be re- purposed/upgraded at a low cost and Thin Client becomes an attractive option in extending desktop life sans the cost of a 3-, 4-, or 5-year refresh rate. A single person can administrate thin clients. However, software updates do take a bit longer than a Zero Client. The set up and implementation of thin client architecture can be an expensive. Long-term budget savings are possible in a number of areas and should be factored in the planning phase of an implementation project. Task J will be undertaken both on- and off-site. This work will feed Project Deliverables #1 and #2. Timeline September 25 – October 29, 2016 . TASK K - SUSTAINABILITY, ENERGY, & RESOURCE EFFICIENT FACILITIES Professional’s firm and design team are fully committed to the pursuit of Green Design Principles for the Fort Collins Library Facilities Master Plan project. Every project undertaken by the firm includes a review of the applicable design strategies at the outset of the design process and then further evaluates the appropriateness of the strategy with respect to immediate and long term cost savings to the Owner. Humphries Poli Architects is a member of the United States Green Building Council (USGBC), and the firm has ten LEED Accredited Professionals, with several additional staff members in the process of accreditation. Because libraries consume large amounts of energy and resources, and because they affect the quality of lives in their communities Professional has found this building type to be highly appropriate to the incorporation of green building principles. Right now green architecture is considered a trend. Professional believes and practice it in a sense that green is going to be extraordinarily important and, quite frankly, necessary for all buildings to perform well in the future. The biggest misconception about green architecture is the assumption that it is more expensive. In many cases the tendency with green design is to add things, add a green roof, add solar panels, etc. But there are ways to reconsider and reconfigure the guts of a building without spending more than traditional construction costs. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 16 of 24 PLANNING AND INTEGRATED DESIGN CHARRETTES Professional’s approach is built around interactive planning and design charrettes where comprehensive environmental issues are defined, integrated strategies are explored, and innovative solutions discovered. We recommend that these charrettes take place early in the development process and would be consistent with addressing many of the standard design issues. These dynamic workshops provide an opportunity to gather the entire building team, owners and stakeholders to identify issues, solutions, goals and process. Pre-design and schematic design phases are critical stages in any project, after which the informed creative design process can move forward. Climatic Design and Energy Creating site plans and conceptual designs that work with the climate to produce high human comfort levels using natural energy systems and the least amount of conventional energy sources is paramount to creating green developments. Building energy use is optimized through using advanced computer simulations, experienced judgment, and imagination to explore and analyze a wide range of solutions. Professional’s approach will harness subtle interactions between design elements appropriate to the site and the program to minimize energy use, cost, noise visual impacts, and environmental degradation. We intend to accomplish these goals through the following: • Proper orientation and massing of the building • Optimized building envelope, glazing and sun control • Efficient and appropriate mechanical system type, size and design • High-quality daylighting design that is integrated with efficient electric lighting systems • Renewable energy systems, including off and on-grid systems Water Fresh water is a limited and precious resource, the efficient use of which can save money and reduce the need for high impact infrastructure. Professional’s approach is to look at climate and cultural resources for water use, and identify strategies that can work in combination with other elements of the building for synergistic benefits. This includes the use of: • Efficient and non-potable landscape water use • Low-flow appliances and fixtures coupled with sensors and automatic controls • Waterless urinals and dual flush lavatories • Rainwater harvesting including associated roof and cistern design • On-site wastewater treatment through biological processes Materials and Resources The materials we select for building can have a significant effect on our local and global environment. The extensive network of extraction, processing, transportation, installation, use, maintenance, and demolition can pollute the air and water, destroy natural habitats, and deplete natural resources. There are a multitude of opportunities to reduce this impact through careful selection of building materials, including the use of locally harvested and manufactured, recycled content, and rapidly renewable products. Some potential green materials strategies are: • Recycling programs during construction and operation DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 17 of 24 • Locally reclaimed and/or harvested materials • Use of certified sustainably harvested wood • Recycled content and recyclable materials • Low toxic materials including paints, carpets and stains • Building for flexibility of use • Building for longevity TASK L – OPTIMAL GEOGRAPHIC DISTRIBUTION OF LIBRARY FACILITIES & FUTURE SERVICE OUTLETS Professional will be guided by market segmentation data from the afore referenced OrangeBoy Market Analysis. We will also consult with the City of Fort Collins Development Review personnel and Larimer County Community Development Division’s Planning staff to gain an understanding of planned future residential and commercial development within the District’s service area. With information Professional will tour each area, photograph the areas, and prepare a brief “Location Possibility” report. Professional will next determine the approximate center of each area and using a third party research firm, DecisionWhere, Inc. whom we have worked with on numerous other projects, develop a population/demographic profile of each area. With this information, coupled with the input from the City and County staff, Professional will expand the “Location Possibility” report and, in consultation with District staff, rank the locations and plot the coverage via optimal drive times. Professional will develop alternative concepts for the deployment of service outlets, to meet the goals and issues outlined in the Plan, as guided by market segmentation data. Customer analytics data can often determine the difference between selecting an exceptional site, an average site, or a poor performing site. We will be guided by the following three questions: 1. What would be the optimal network of service outlets? 2. How many additional locations should there be and where? 3. Are the existing facilities located in the best possible locations going forward? Utilizing all of the information gathered and digested in the previous tasks, Professional will research several options to meet future library service needs through a survey of alternative, non-traditional library facilities. This will be in addition to standalone single ownership facilities. We will not eliminate any options from consideration. Alternative outlets could include: • State-of-the-art mobile services; and • Remote outlets such as materials dispensers and kiosks. Professional will draw on our national experience to provide the District with a survey of alternative service delivery models which could be applicable. Professional will identify scenarios that could utilize some combination of non-traditional service delivery methods, like: • Kiosks; • Lending lockers; • Vending dispensers; and • Shared retail space – e.g. inside a grocery store, shopping mall, etc. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 18 of 24 Professional will provide the pros and cons of each – and valid cost data – capital and operational. Task L will be undertaken both on- and off-site. This work will feed Project Deliverables #1 and #2. Timeline October 3 – October 29, 2016. TASK M – PROJECTED CAPITAL AND OPERATIONAL COSTS In preparation of projected capital costs for implementing the recommendations Professional will proceed as follows: 1. Research and prepare national and regional analysis of library project costs over the past five years. 2. Research and prepare an analysis of regional commercial project costs over the past five years. 3. Breakdown a built library project cost incorporating the following estimated costs: • Site acquisition; • Site development; • Basic construction; • Finish construction; • Furniture and equipment; • Technology; • Parking; • Landscaping; • Design fees; • Contractor overhead and profit; • Contingencies (design and construction); and • Escalation based on the research of steps 1 and 2. The estimate for each recommended facility will be based on the anticipated mid-point of construction. Likely the most critical component of any plan will be thoughtful and accurate projection of operational budgets through the ten-year planning horizon. With this in mind Professional’s operational cost estimates will incorporate: • Salaries and wages; • Work, or fringe, benefits; • Library materials (hard copy and digital); • Supplies (office, janitorial, and maintenance); • Communications; • Service agreements; • Utilities; • Maintenance; • Technology; and • Other (an allowance for the unforeseen). DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 19 of 24 The operational costs will be based on a five-year analysis of the cost of operations for the existing District libraries. The analysis will take into consideration what impact additional facilities may have on system-wide administrative and support services. Task M will be undertaken off-site. This work will feed Project Deliverables #1 and #2. Timeline October 30 – November 5, 2016. TASK N – A PHASED PLAN OF ACTION Professional will provide a detailed, phased Plan of Action with objectives, strategies, budgets, and timelines for implementing, monitoring, and adjusting the planning goals over the life of the Plan. The Plan of Action will define key milestones and triggering parameters to achieve recommendations. It will: • Make recommendations based on preferred library services of the various market segments, community priorities, and funding capacity; • Provide tiered options that allow a logical response to changing economic circumstances, population growth, and/or demographic shifts over the short-term, as well as a vision for the for ten years; • Formulate realistic funding goals within the context of the current economic environment, projected changes in the economy that will impact funding, analysis of market conditions, and cost-effective service delivery models; • Conceptualize a sustainable funding plan that explores options for funding which provide a consistent revenue stream for the administration and management; • Coordinate findings with District Administration the Board of Trustees; and • Include methodologies with the appropriate tools for on-going assessment and public feedback, in order to evaluate success in achieving goals and objectives. Task N will be undertaken off-site. This work will feed Project Deliverables #1 and #2. Timeline November 1 – November 7, 2016. TASK O – PREPARATION AND DELIVERY OF PRELIMINARY REPORT Based on all of work for and with the District as described above Professional will prepare a Preliminary Report. Professional will send the report electronically to the District’s project director in advance of returning to discuss the report with District Staff and the Board of Trustees. Task O will be prepared off-site and delivered on-site. This work will also feed Project Deliverables #1 and #2. Timeline November 1 – November 11, 2016. TASK P - FINAL LIBRARY FACILITIES MASTER PLAN Working in collaboration with Library Administration, Professional’s team will compile all draft deliverables to-date into a final document. The Final Plan will also include suggestions for funding all recommended improvements. Steps to be taken are: • Compiling all interim reports into a draft Plan document; • Establishing the framework by which District staff, its community, and stakeholders will be able to understand the operational elements recommended for providing exceptional library services to all residents of the District’s service area; • Planning and facilitating a presentation of the draft Final Plan document to District Staff and Trustees; DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 20 of 24 • Electronically forward the draft Final Plan to all stakeholders and focus group participants for which email addresses have been collected; • Placing the draft Plan on the District’s website, encouraging comment from the overall community; • Making needed changes in the draft Plan based on input received following the presentation of the Draft; • Preparing the final Plan document to reflect the input of Library Staff and Trustees, interviewed stakeholders, focus group participants, and the District community; and • Planning and facilitating a presentation of the Final Library Facilities Master Plan at a community meeting. Funding suggestions will explore the following: • Dedicated millage for capital projects; • Dedicated millage for additional operational costs based on additional facilities and/or service outlets; • Capital bond election with 20-year life and including cost of servicing the bonds; • Special purpose tax increase with a set goal and life span; • Governmental grants from the State of Colorado and/or the federal government; and • Private sector funding of facilities, spaces within facilities, and/or endowment of library materials budgets. Professional will also prepare Plan Executive Summary that portrays an clear vision of the Poudre River Public Library District for the short-term as well as a long-term (10-year) vision. The Summary will include the following components: • Optimal Geographic Distribution of Library Facilities & Future Service Outlets; • Capital Cost Estimates; • Operational Cost Estimates; and • Funding Suggestions. Task P will be undertaken both on- and off-site. This work will feed Project Deliverables #1 and #2. Timeline November 14 – December 2, 2016. Tasks A – P will complete Project Deliverable #1. DELIVERABLE #2 As required in the RFP, Professional will “… provide a needs analysis report that identifies facility related needs and recommended options for the District … also identify and develop a prioritized list of projects and major facility improvements required in the next five-ten years …summary options for future service delivery … estimated budget for each facility improvement project … assessment of current geographic distribution of library facilities within the Distirct … phased facility plan … relative to the current and projected population in each region … guidelines for when these new facilities would be considered.” DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 21 of 24 For Deliverable #2 Professional will undertake a Market Segmentation study to determine the District’s primary and secondary customers as well as the drive times to the three existing facilities and the probable drive times to new facilities. Deliverable #2 will be undertaken both on- and off-site. Timeline November 14 – December 3, 2016 – January 21, 2017. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 22 of 24 SCHEDULE OF RATES The Request for Proposal requires that Professional provide our fee structure to include a detailed list of any and all expected costs or expenses related to the proposed projects, including reimbursable expenses; summary of other contributing expenses, hourly billing rates for all firm members and staff and a brief summary of the total cost of the proposal. As requested Professional offers the following fee proposal: a. List of expected costs or expenses associated with the proposed scope of work: Travel $ 2,000.00 Lodging $ 2,400.00 Food $ 2,200.00 Postage/Cop ies $ 750,00 Miscellaneou s $ 500.00 Total $ 7,850.00 b. Hourly Rates of the Team Members: Title Hourly Billing Principal $Rate 205 Principal Library Consultant $100 Architect I $110 Project Manager $125 Sr. Designer $ 85 Designer $ 75 Staff/Intern $ 60 c. Summary off the total cost of the proposal: Expenses $ 7,850.00 Professional Services $ 60,650.00 Subtotal $ 68,500.00 Buxton (Optional, if services are required at a later date): $30,000.00 including expenses DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 Professional Services Agreement 8336 Library Facilities Master Plan Page 23 of 24 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 No new insurance required Professional Services Agreement 8336 Library Facilities Master Plan Page 24 of 24 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the Poudre River Public Library District (the “District”), acting through its agent, the City of Fort Collins (the “City”), pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the District and the City have 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 District and the City or their 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 District and the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the District and/or the City, or that relates to the business of the District and/or the City, or that is used by the District and/or 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 District and/or City). The Professional shall not disclose any such information to any person not having a legitimate need- to-know for purposes authorized by the District and/or 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 District and/or 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 District and/or the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the District and/or the City, or the District and/or the City so requests for any reason, the Professional shall promptly return to the District and 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 District and the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the District and 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: 5A5121E1-7CF9-4D87-9A14-73416862F900 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) terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability and Umbrella/Excess Liability. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employer's Liability. Please note that Additional Insured status does not apply to Professional Liability. 2 of 2 #S18930705/M17944477 DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/21/2016 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). PRODUCER Aon Risk Services Northeast, Inc. New York NY Office 199 Water Street New York, NY 10038-3551 CONTACT NAME: Risk Management Department PHONE (A/C, No, Ext): (866) 443-8489 FAX (A/C, No): (800) 889-0021 E-MAIL ADDRESS: work.comp@trinet.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED TriNet HR Corporation and all its affiliates and subsidiaries* Humphries Poli Architects, P.C. (Endorsed as alternate employer) 9000 Town Center Parkway Bradenton, FL 34202 INSURER A: Commerce & Industry Inc Co INSURER B: Illinois National Ins Co INSURER C: Ins Co State of Penn INSURER D: Nat'l Union Fire Ins Co of Pittsburgh, PA INSURER E: New Hampshire Ins Co 19410 23817 19429 19445 23841 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PRODUCTS/COMPLETED OPS PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Each accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ E WORKERS COMPENSATION 064568288 (CO) 07/01/2016 07/01/2017 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N X PER STATUTE OTH- ER E.L. EACH ACCIDENT $2,000,000 $2,000,000 $2,000,000 E.L.DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required): 9FKH / LEC * TriNet HR Corporation and all affiliated entities as covered by the insurer(s) listed above CERTIFICATE HOLDER CANCELLATION City of Fort Collins PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Aon Risk Services Northeast, Inc. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD © 1988-2014 ACORD CORPORATION. All rights reserved. DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900 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 9/21/2016 USI Colorado, LLC Prof Liab P.O. Box 7050 Englewood, CO 80155 800 873-8500 800 873-8500 Humphries Poli Architects, PC 2100 Downing Street Denver, CO 80205 Hartford Casualty Insurance Com Admiral Insurance Company Hartford Underwriters Insurance 29424 24856 30104 A X X X X X 34SBWGC5644 06/02/2016 06/02/2017 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 C X X X X X 34UEGPO5860 06/02/2016 06/02/2017 1,000,000 A X X X 10000 X X 34SBWGC5644 06/02/2016 06/02/2017 2,000,000 2,000,000 B Professional Liability Claims Made EO00002921502 06/02/2016 06/02/2017 $2,000,000 per claim $4,000,000 annl aggr. RE: Fort Collins Library. Additional Insureds include: City of Fort Collins, its officers, agents and employees and Poudre River Public Library District (District) As required by written contract or written agreement, the following provisions apply subject to the policy (See Attached Descriptions) City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 1 of 2 #S18930705/M17944477 Client#: 1084379 HUMPHPOL SQAZP 1 of 2 #S18930705/M17944477 DocuSign Envelope ID: 5A5121E1-7CF9-4D87-9A14-73416862F900