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HomeMy WebLinkAbout310503 ECONOMIC & PLANNING SYSTEMS INC - CONTRACT - RFP - 8561 URBAN RENEWAL AUTHORITY SUPPORT SERVICESProfessional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 ECONOMIC AND PLANNING SYSTEMS, INC., hereinafter referred to as the "Professional" or EPS. 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 any project Work Orders for 8561 Urban Renewal Authority Support Services, issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit “B", consisting of four (4) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence September 1, 2017, and shall continue in full force and effect until August 31, 2018, 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. 5. Early Termination by City/Notice. 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, DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 2 of 15 postage prepaid and sent to the following address: Professional: City: Copy to: Economic & Planning Systems, Inc. Attn: Daniel Guimond, Principal 730 17th Street, Suite 630 Denver, CO 80202-3511 dguimond@epsdenver.com City of Fort Collins Attn: Patrick Rowe 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. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit E, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 3 of 15 to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the Work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, 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. 11. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “E”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 4 of 15 maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 5 of 15 will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “D” – Key Project Personnel, DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 6 of 15 consisting of one (1) page, and Exhibit "F" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: ECONOMIC AND PLANNING SYSTEMS, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Daniel Guimond 9/1/2017 Principal Assistant City Attorney 9/5/2017 Chief Deputy City Clerk Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 7 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND ECONOMIC AND PLANNING SYSTEMS, INC. DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: The Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this Work Order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 8 of 15 EXHIBIT B GENERAL SCOPE OF SERVICES I. PURPOSE The City of Fort Collins Economic Health Office (EHO) and Fort Collins Urban Renewal Authority (URA) (City) is contracting with Professional to provide on-call Urban Renewal Authority Support Services. On an as needed basis, Professional will provide a combination of the following services:  Financial “but-for” analysis for proposed URA projects (financial analysis);  Fiscal and Economic Impact Analysis (financial/economic);  Development Finance Analysis (financial);  County Impact Report development (economic);  Urban Renewal Plan development (financial/economic/land planning);  Existing Conditions Survey (as necessary for the creation of a new urban renewal plan area);  Strategic Investment Plan (financial/economic/land planning);  Miscellaneous urban renewal support services (e.g., policy/procedures updates, focused strategic support, and miscellaneous administrative support (urban renewal authority experience / project management / administrative); Professional is a firm with significant financial and economic capabilities, as a majority of the work is anticipated to involve these disciplines. If Professional does not have the above listed capabilities in-house, Professional is to have a demonstrated ability to lead and partner with subcontractors necessary to augment any needed competencies. Professional will be responsible for identifying any sub-consultants necessary during the scope of work negotiation for each project/work order. The City/URA reserves the right to make subcontractor substitutions on a project/work order basis to meet project needs at its sole discretion. Professional’s Response: Project Approach EPS is the prime consultant with the expertise and ability to fully provide the requested market and financial, fiscal and economic impact, and strategic planning services on a timely basis. EPS will engage studioINSITE to provide urban renewal plan development and existing conditions assessment services benefitting from the addition of land planning and urban design expertise. II. SCOPE OF SERVICES Financial Analysis for Development Projects Professional is sought to provide independent financial analyses for development projects seeking tax increment financing (TIF) on an as-needed basis. The analyses should include but are not limited to the following outcomes: DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 9 of 15  Analyze Development Pro Forma – Complete a thorough review of the applicant’s pro forma on both an un-leveraged and leveraged basis (assuming TIF is awarded). The analysis should resolve the following questions: a. Are the assumptions accurate and based on the most current market conditions and unique characteristics of the development? Questionable assumptions include: i. Rent ii. Vacancy rate iii. Capitalization rate iv. Internal Rate of Return (IRR) v. Operating/maintenance costs b. If assumptions are reasonable, is the project financially viable? c. Can the project proceed successfully on an un-leveraged basis? Another way of asking this is whether the project can be built “but-for” TIF assistance? d. Is the applicant making a reasonable equity investment in the project? e. Is the applicant’s IRR reasonable based on the characteristics of the project? f. Does the amount of TIF required match eligible uses of such funds?  Meet with Applicant and Staff – Compile sufficient information as necessary to provide an accurate financial analysis through phone and/or in-person meetings with the applicant and/or URA staff. Professional’s Response: EPS will analyze the applicant’s development pro forma for public financing applications using TIF or other City incentives. The review will include market values and conditions, development program and capture rate assumptions, and supportable sales/lease rates, and estimated absorption. EPS will then evaluate the project’s unleveraged cash flow and measures of financial return to determine if the project requires financing assistance to be feasibly built (but for analysis) and the level of financing necessary to achieve a reasonable rate of return as measured by IRR, ROC, or other acceptable financial metrics. Fiscal and Economic Impact Analysis Professional is to possess the ability to conduct periodic fiscal and economic impact analysis reports for individual business investment and/or development projects on a case- by-case basis. The analyses may include but are not limited to the following outcomes:  Business Investment Impact Analysis – Complete a thorough review of the company in terms of direct and indirect economic impacts, e.g., jobs and wages, which result from the investment being made by the company. The fiscal impacts should also be documented in terms of revenue gained by the City in relation to the financial assistance offered by the City.  Development Project Impact Analysis – Complete a thorough evaluation of direct and indirect economic impacts resulting from a proposed development project utilizing the latest version of the Fiscal Impact Model, the findings in the Tax Increment Financing Study report, and statutory requirements, as appropriate, such as those specified by 31-25-107 of the Colorado Revised Statues. DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 10 of 15 Professional’s Response: EPS will provide fiscal and economic impact analysis services. This is expected to include economic impact analysis to quantify the projected jobs, wages and indirect spinoffs of new business or business expansion investments. In some cases, this will require additional analysis of the applicant’s figures to determine what portion of the new jobs are in fact net new to the City. EPS will also provide fiscal analysis of proposed development projects seeking TIF assistance as will be required under HB-1348 in order to estimate the fiscal impacts on the county and other affected taxing entities as an input towards achieving agreement on the use of eligible property taxes for TIF purposes. Urban Renewal Plan Development Professional may be called on to develop and draft a new urban renewal plan document for the purpose of forming a new plan area, or it may be a focused strategic/planning exercise (e.g., strategic investment plan). If the plan is for the purpose of a new plan area, the plan will conform to the requirements of Colorado Revised Statutes and will include strategy and implementation components that are appropriate to the urban renewal project(s) contemplated. Depending on the nature of the plan, there may be significant land planning and/or financial-economic analysis components. Professional’s Response: As noted, the Fort Collins URA anticipates the need for one or more future urban renewal plan areas. Depending on the nature and location of the plan, there may be a need for significant land planning and/or financial analysis services. studioINSITE will be responsible for land planning services to prepare or support a new urban renewal plan. EPS would be responsible for financial analysis services to prepare or support a new urban renewal plan. Existing Conditions Survey On an as needed basis, Professional will provide those services necessary to provide notice, gather data, conduct field investigations, and report on the potential existence of blight conditions which “substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health safety, morals or welfare”, as per the Colorado Revised Statutes pertaining to Colorado Urban Renewal. Professional’s Response: EPS will provide, on an as needed basis, an economic conditions analysis to meet the State Urban Renewal Statutes blight standards for a proposed urban renewal plan area. studioINSITE would provide input to EPS’ analysis with an analysis of transportation and infrastructure conditions as well as provide mapping and graphic illustrative support. Miscellaneous urban renewal support services As needed, Professional may be tasked to provide specific assistance with other aspects of the urban renewal authority operations. Examples include but are not limited to:  Focused assistance in revisions to policy/procedures;  Strategic initiative support;  Project management / administrative support; DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 11 of 15 Note: These requests are likely to be a part of work that already has a consultant component. III. DELIVERABLES A scope of work will be developed for each project Work Order with specific and detailed deliverables, timeline, and costs included. Professional’s Response: After receiving a call from the City/URA for requested services, EPS will prepare a proposed work plan, budget and schedule, and deliverables for a new task order. EPS recognizes that many of the assignments requested under this on-call contract are expected to be discrete analyses to be completed on a short time turnaround. Professional is committed to continuing to provide the same level of service as in past contracts. IV. AREAS OF EXPERTISE Professional’s team is to possess expertise in urban renewal/urban renewal authorities, development financial analysis, fiscal and economic impact analysis, and land planning in order to assist in achieving the above outcomes. All submissions should demonstrate capability and experience in the following areas:  Urban Renewal / Urban Renewal Authorities Professional’s key personnel are to possess knowledge and experience working with Urban Renewal Authorities and/or Redevelopment Agencies and understand the purpose and use of TIF.  Development Finance Analysis Professional’s key personnel are to possess demonstrated capabilities conducting analyses for a variety of development and redevelopment projects. Knowledge of and access to current market conditions is essential, along with the ability to comprehend pro formas and make conclusions as to the project’s financial feasibility.  Fiscal and Economic Impact Analysis Professional’s key personnel are to possess demonstrated capabilities conducting impact analyses for a variety of businesses. Knowledge of and access to current impact ratios and/or models is essential, along with the ability to understand and evaluate the characteristics of a variety of business markets.  Land Planning Activities Designing conceptual, preliminary, and in some cases final design documents. Providing professional expertise in land planning, engineering, historical and environmental issues related to urban design projects. Deliverables may include all aspects of design including plan sets, specifications, cost estimates, renderings and other graphic representations of various design project elements. DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 12 of 15 EXHIBIT C SCHEDULE OF RATES Hourly Billing Rates EPS Denver Office Managing Principal $230 Principal $230 Senior Vice President $190 Vice President $180 Senior Associate $150 Associate $130 Research Analyst II $100 Research Analyst I $80 Production and Administrative Staff $80 studioINSITE Partner $200 Assoc. Principal Designer $125 Senior Urban Designer $115 Senior Planner $115 Senior Landscape Architect $115 Planner / Urban Designer $105 Landscape Architect $100 Associate Landscape Designer $90 Landscape Designer $75 Administration/ Clerical $70 Intern $60 *Rates are subject to review by Professional and City Project Managers upon receipt of annual contract renewal letter. DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 13 of 15 EXHIBIT D KEY PROJECT PERSONNEL List of Project Personnel Daniel R. Guimond, Principal with Economic & Planning Systems, will be the principal-in- charge/project manager and person with primary responsibility for this contract. Matt Prosser, vice president with Economic & Planning Systems, will be the deputy project manager and day to day contact. Tim Morzel, Senior Associate with EPS, will be the senior financial analyst for the project. Elliot Kilham, Associate, will be the primary market and financial analyst. Cheney Bostic, Senior Urban Designer with studioINSITE, will be the primary land use planner for the project. Jim Leggitt, Principal with studioINSITE, will be the primary urban designer and illustrator for the project. Organization Chart/Proposed Project Team DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 14 of 15 EXHIBIT E 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: C6440F03-DD38-4AAA-BBD2-D166C76E520E No new insurance required Professional Services Agreement – Work Order Type 8561 Urban Renewal Authority Support Services Page 15 of 15 EXHIBIT F 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: C6440F03-DD38-4AAA-BBD2-D166C76E520E The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 9/1/2017 Andreini & Company-San Mateo 220 West 20th Ave San Mateo CA 94403 Economic & Planning Systems 400 Capitol Mall, 28th Floor Sacramento CA 95814 Federal Insurance Company Republic Indemnity Co of Calif Continental Casualty Company 20281 43753 20443 650-573-1111 650-378-4361 ktotten@andreini.com ECONO-5 71097344 A Y 35929623WCE 4/1/2017 4/1/2018 Per Project Agg 1,000,000 1,000,000 10,000 excluded 3,000,000 3,000,000 3,000,000 X X X Per Project/Loc A X X 73558746 4/1/2017 4/1/2018 1,000,000 A X X X $0 79871994 4/1/2017 4/1/2018 1,000,000 1,000,000 B 16150814 4/1/2017 4/1/2018 X 1,000,000 1,000,000 1,000,000 C Errors & Omissions Adv/Personal Injury 425343942 4/1/2017 4/1/2018 Per Claim Annual Aggregate 2,000,000 2,000,000 City of Fort Collins its officers, agents, and employees are named Additional Insureds as respects General Liability per attached form 80-02-2367. EPS #: 173061 City of Fort Collins Attn: Beth Diven Purchasing Dept. City Hall 300 LaPorte Avenue Fort Collins CO 80521 USA DocuSign Envelope ID: C6440F03-DD38-4AAA-BBD2-D166C76E520E