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HomeMy WebLinkAboutSOB24-02 Mile High Accessibility ConsultantsAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN SENIORS ON BROADWAY, LP AND MILE HIGH ACCESSIBILITY CONSULTANTS, INC. THIS AGREEMENT (“Agreement”) is effective as of the _____________ by and between Mile High Accessibility Consultants, Inc., a Colorado corporation (hereinafter “Consultant” or “Contractor”) and Seniors on Broadway, LP a Colorado limited partnership (hereinafter “SOB”). RECITALS WHEREAS, SOB desires to engage Consultant to develop a comprehensive Americans with Disabilities Act (ADA) self-evaluation and transition plan to verify the Seniors on Broadway Apartments, located at 750 Broadway, Eagle, CO, 81631 (the “Property”), is in full compliance with the 2010 ADA Standards (the “Project”); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and SOB in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and SOB agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than September 30, 2024, and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 9/5/2024 2 Seniors On Broadway Professional Services Final 8/15/2022 2. SOB’s Representative. The Housing Manager, Daniel Murray, the Housing Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 30th of September, 2024. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by SOB for such additional services in accordance with SOB’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that SOB has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by SOB for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. SOB shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $1,150.00. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by SOB. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as SOB may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by SOB shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by SOB. c. If, at any time during the term or after termination or expiration of this Agreement, SOB reasonably determines that any payment made by SOB to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from SOB, Consultant shall forthwith return such payment(s) to SOB. Upon termination or expiration of this Agreement, unexpended funds advanced by SOB, if any, shall forthwith be returned to SOB. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 3 Seniors On Broadway Professional Services Final 8/15/2022 d. SOB will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Sub-consultants. Consultant acknowledges that SOB has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub- consultant agreements for the performance of any of the Services or additional services without SOB’s prior written consent, which may be withheld in SOB’s sole discretion. SOB shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom SOB has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by SOB and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward SOB. SOB shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to SOB, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 4 Seniors On Broadway Professional Services Final 8/15/2022 i. The automobile and commercial general liability coverage shall be endorsed to include SOB, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to SOB separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against SOB. v. All policies must contain an endorsement affording an unqualified thirty (30) days’ notice of cancellation to SOB in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from SOB, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of SOB for a complete copy of the policy. viii. Consultant shall advise SOB in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish SOB a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to SOB, SOB shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 5 Seniors On Broadway Professional Services Final 8/15/2022 xi. The parties hereto understand and agree that SOB is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to SOB, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless SOB, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which SOB may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub- consultants hereunder; and Consultant shall reimburse SOB for reasonable attorney fees and costs, legal and other expenses incurred by SOB in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against SOB to the extent that SOB is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of SOB. Consultant shall execute written assignments to SOB of all rights (including common law, statutory, and other rights, including copyrights) to the same as SOB shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. SOB: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 6 Seniors On Broadway Professional Services Final 8/15/2022 Telephone: 970-328-8773 E-mail: kim.williams@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us CONSULTANT: Mile High Accessibility Consultants, Inc. Attn: Ryan Kelley 7971 Smokewood Drive Colorado Springs, CO 80908 Telephone: 719-205-7753 E-Mail: ryan@milehighaccessibility.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by SOB to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide SOB with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from SOB. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. SOB may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide SOB with all documents as defined in paragraph 9 hereof, in such format as SOB shall direct and shall return all SOB owned materials and documents. SOB shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 7 Seniors On Broadway Professional Services Final 8/15/2022 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that SOB has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of SOB. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between SOB and Consultant except that of independent contractor. Consultant shall have no authority to bind SOB. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of SOB. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 8 Seniors On Broadway Professional Services Final 8/15/2022 h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to SOB. Consultant shall be subject to financial audit by federal, state or SOB auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the SOB has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 16. Data Security. a. Definitions: i. “SOB Data” means all data created by or in any way originating with SOB and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with SOB and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to SOB’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of SOB; Third Party consultants, auditors and other independent contractors performing services for SOB; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of SOB provided services; and any external users collaborating with SOB) authorized by SOB to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to SOB. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of SOB Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 9 Seniors On Broadway Professional Services Final 8/15/2022 b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control SOB Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all SOB Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing SOB Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of SOB Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify SOB of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy SOB’s legal and regulatory notice obligations. Upon notice of a Security Incident, SOB shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to SOB. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of SOB, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any SOB Data upon request from the SOB Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [Rest of page intentionally left blank] Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 10 Seniors On Broadway Professional Services Final 8/15/2022 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. SENIORS ON BROADWAY, LP By: _____________________________ Kimberly Bell Williams, Housing Director MILE HIGH ACCESSIBILITY CONSULTANTS, INC. By:________________________________ Print Name:__________________________ Title: ______________________________ Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Project Manager Ryan Kelley 11 Seniors On Broadway Professional Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Daniel Murray, Housing Manager Eagle County 500 Broadway Eagle, Colorado 81631 Mile High Accessibility Consultants (MHAC) appreciates the opportunity to submit our proposal for the Eagle County Housing ADA/FHA Audit project. MHAC is fully prepared to successfully complete this project on schedule and within budget. Mile High Accessibility is the best qualified firm for these projects for these reasons: 1.MHAC staff has completed Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) site audits for numerous facilities. 2.Our staff has performed ADA compliance facility audits for over a thousand facilities across the nation. 3.Our staff has over 33 years of combined experience. 4.MHAC ADA reporting is unsurpassed and easy to understand. 5.MHAC has the most affordable ADA consulting rates in the industry. In the following pages, MHAC will demonstrate its capabilities and the methodologies it has used to successfully complete a wide range of ADA consulting projects. Sincerely, Ryan Kelley, President Mile High Accessibility Consultants, Inc. 7971 Smokewood Drive Colorado Springs, CO 80908 ryan@milehighaccessibility.com (791) 205-7753 Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Qualifications and Experience Mile High Accessibility Consultants was created to provide cost-effective ADA compliance consulting, using superior data collection and database development technology that is unparalleled in the industry. This, combined with the experience of Mile High Accessibility staff, has resulted in an organization that excels at knowledge based, client focused, and economical accessibility compliance consulting. Mile High Accessibility staff has: 1. Helped numerous organizations comply with the ADA by developing comprehensive ADA Compliance Management Plans. 2. Performed numerous ADA/FHA compliance audits. 3.Contributed to the ADA accessibility audits of over 1,500 facilities, totaling an excess of 30 million square feet of space. 4. Developed ADA compliant policies, programs, and services for a multitude of organizations and counties across the U.S. Mile High staff is experienced in all disability rights laws and has a thorough knowledge of the 2010 ADA Standards for Accessible Design, the American National Standard Institute’s (ANSI) technical guidelines on how to make facility elements accessible to people with disabilities, and the Fair Housing Act. Mile High staff is proficient and experienced in providing these services: •ADA Architectural Plan Reviews •ADA Self-evaluations and Transition Plans •Medical Office Building Accessibility Audits •Website Accessibility Audits •Multifamily Housing FHA Compliance Audits •Multifamily Housing ADA Audits •ADA Facility Surveys •Public Right-of-way Audits •ADA Settlement Resolution Consulting for the DOJ • Park and Recreation Accessibility Audits •ADA Lawsuit Expert Testimony •ADA Lawsuit Defense Consulting Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Accessibility Requirements for Multifamily Housing The ADA does not generally require any changes to individual apartment units. However, the Fair Housing Act does. Specifically, this Act requires that apartment buildings constructed after March 13, 1991, have certain features that will make them adaptable for residents with disabilities. The ADA does require that common areas within multifamily housing areas that are accessed by the public, not just residents, comply with the 2010 ADA Standards for Accessible Design. Americans with Disabilities Act Requirements The 2010 ADA Standards apply to the following: •Leasing Office •Leasing Office Restrooms •Leasing Office Parking •All Common Areas Accessible to the Public o Club Houses o Lobbies o Hallways Fair Housing Act Requirements The Fair Housing Act requires that apartment buildings constructed after March 13, 1991, have certain features that will make them adaptable for residents with disabilities. Every ground-floor unit in a building (and all units in buildings with elevators) must conform to an adaptable standard. However, "adaptable" is not the same as "accessible" and is generally a somewhat more lenient standard. Specifically, an adaptable unit must have seven specific design features, which will make it easier for a building owner/operator to make the unit accessible within a short time frame. An accessible building entrance on an accessible route. •If there are separate entrances for ground-floor units, each entrance must be accessible. •If there are common entrances to a multi-unit building, at least one entrance – typically used by the resident for entering the building – must be accessible. •An accessible entrance must be located on a route that a person in a wheelchair can easily travel, leading to and from meaningful locations such as parking, public transportation, other buildings in the complex, and amenities like laundry rooms, and recreational facilities. Accessible common and public use areas. Parking areas, curb ramps, passenger loading areas, building lobbies, lounges, halls and corridors, elevators, public use restrooms, and rental or sales offices must be accessible to people with disabilities. Public use areas also include drinking fountains/water coolers, mailboxes, laundry rooms, community and exercise rooms, swimming pools, playgrounds, and recreation facilities. Usable doors (usable by a person in a wheelchair). •Doors must be wide enough to enable a person in a wheelchair to maneuver through them easily. These include public and common use doors, doors leading into an individual dwelling unit, and all doors within the dwelling unit itself. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 •For wheelchairs, doors must have a minimum clear opening width of 32” (measure from face of door to the stop, with door open 90 degrees). •All types of doors are covered; hinged doors, sliding doors, folding doors. •Doors leading to any outdoor amenities the dwelling may have such as balcony, patio, or deck are covered. If a deck or patio has doorways leading into two or more separate rooms, all these doors must be usable. Accessible route into and through the dwelling unit. •Thresholds of a unit’s exterior doors may not exceed ¾” (also applies to sliding door tracks). •In single story units, changes in height of ¼” to ½” must be beveled. Those greater than ½” must be ramped or have other means of access. •The minimum clear width for an accessible route inside the unit is 36”. •Hallways, passages, and corridors must be wide enough to allow room to maneuver a wheelchair throughout the unit. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations. •Operable parts of controls must be no lower than 15” and no higher than 48”. •Switches, outlets, thermostats, and controls must be accessible to people in wheelchairs. Reinforced walls in bathrooms for later installation of grab bars. Walls in bathrooms must be reinforced so that grab bars near the toilet, tub, shower, and shower seat, if provided, can be added later. Usable kitchen and bathrooms. •A minimum of 40” of clear floor space is required in kitchens to allow a person in a wheelchair to maneuver between opposing base cabinets, countertops, appliances, or walls. •A U-shaped design requires a minimum of 5 feet in diameter clear space, or removable cabinets at the base of the “U.” •Appliances must be located so they can be used by a person in a wheelchair. A 30”x48” clear floor space is required for a parallel or forward approach. •Adequate maneuvering space is required in bathrooms so that a person in a wheelchair can easily enter, close the door, use the facilities and fixtures, and exit. •HUD guidelines provide two sets of specifications for suitable bathrooms: Option A and Option B. •With Option A, all bathrooms must include providing a basic degree of maneuverability to meet Option A requirements. •With Option B, only one bathroom must meet Option B requirements, which provide for a stricter degree of maneuverability. Other bathrooms require usable doors, reinforced walls, switches/outlets in accessible locations, and must be on an accessible route. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Scope of Proposal MHAC's multifamily housing plan audits will verify that the project is in full compliance with the ADA (2010 ADA Standards), ANSI A117.1 – 2017, and the Fair Housing Act. MHAC will provide fee proposals for the ADA/FHA audits of the following properties: •Golden Eagle Elderly Apartments and Senior Center - 700 Broadway, Eagle, CO 81631 36-Unit 1BR USDA-RD Subsidized property - 2 ADA Units •Seniors on Broadway Apartments - 750 Broadway, Eagle, CO 81631 14-unit 1&2 BR LIHTC Property - 0 ADA Units, but all are ground floor entry •Riverview Apartments - 39169 US Hwy 6 & 24, Avon, CO 81620 72-Unit Project Based Section 8 complex - 2 & 3 Bedroom Units - 4 ADA units Site Inspections MHAC assesses the following during its ADA/FHA facility audit: Accessible Routes Site Elements Built-In Elements •Entrance •Parking Spaces •Signage •Parking Facility •Access Aisles •Fire Alarm Systems •Walkways •Passenger Loading Zones •Bathroom Wall Blocking •Doors •Stairways •Work Surfaces •Doorways •Handrails •Service Counters •Curb Ramps •Ramps •Elevators Plumbing Elements Special Rooms and Spaces Accessibility Elements •Drinking Fountains •Turning Space •Restrooms •Clear Floor Space •Water Closets •Common Areas •Leasing Office •Club House •ADA Rooms •Changes in Level •Toilet Compartments •Reach Ranges •Urinals •Operable Parts •Lavatories and Sinks •Protruding Objects •Grab Bars •Knee and Toe Clearance Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Project Management Ryan Kelley will be the project manager for this project. As the Project Manager, Ryan would have an initial meeting with the Eagle County Project Manager to define project expectations, timelines, and to discuss any project or design questions. Throughout the project, Ryan will be available for project updates, questions, or schedule/progress milestone updates. Software and Analysis Tools MHAC’s software is superior for data collection and reporting in that it allows for data to be organized in a manner that is easily interpreted and managed by the Eagle County. Reporting Site Accessibility Evaluation Report Eagle County staff can utilize MHAC’s Site Accessibility Evaluation reporting system as a compliance punch list that has detailed barrier information, recommendations for barrier removal, photos of each barrier, compliance illustrations from the 2010 ADA Standards for Accessible Design, 2010 ADA Standards citations, FHA Guidelines citations, estimated remediation dates, and notes to manage, monitor, and track the barrier remediation progress. Fee Proposal Property Data Collection Data Analysis and Reporting Total Fee Golden Eagle Elderly Apartments and Senior Center $1,325 $800 $2,125 Seniors on Broadway Apartments $650 $500 $1,150 Riverview Apartments $1,550 $1,000 $2,550 Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Staff Resumes Ryan Kelley – President and Project Manager (719) 205-7753 ryan@milehighaccessibility.com PROFILE Ryan has over 13 years of experience in disability rights laws consulting and has experience with the Americans with Disabilities Act, the 2010 ADA Standards for Accessible Design, Proposed Guidelines for Pedestrian Facilities in the Public Right-of-way (PROWAG), the Architectural Barriers Act, Outdoor Developed Areas Accessibility Guidelines, and Sections 504 and 508 of the Rehabilitation Act. Ryan’s primary role will be as Project Manager. He will provide guidance and interpretation of all rights and responsibilities related to all disability rights laws, project planning and scheduling, project communications, and the supervision of staff, project scope and tasks, plan reviews, data collection, data analysis, database development, and reporting. Ryan's project experience includes: •Completed ADA facility audits on millions of square feet of facilities throughout the U.S. •Performed Public Right-of-way Accessibility Guidelines audits on a thousand miles of public right-of-way. •Performed ADA compliance audits on over 1,000 parks across the U.S. •Helped state and local government entities comply with the ADA by developing comprehensive ADA Self-evaluations and Transition Plans and has also helped cities and counties comply with the requirements of Department of Justice ADA Settlement Agreements. •Completed ADA/ANSI plan reviews for hundreds of facilities. •Assisted over fifty clients defend ADA lawsuits. SKILLS ADA Self-evaluations and Transition Plans Fair Housing Act 2010 ADA Standards for Accessible Design ANSI Accessibility Standards Public Right-of-way Accessibility Guidelines Outdoor Developed Areas Accessibility Guidelines Public Right-of-way Accessibility Audits Outdoor Developed Areas Accessibility Audits WORK EXPERIENCE President and Project Manager Mile High Accessibility Consultants, Inc. – October 2019 to Present Colorado Springs, Colorado Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 •Led startup of Mile High Accessibility Consultants, provides business development, creation of operational procedures, and workflow planning. •Provides guidance and interpretation of all rights and responsibilities related to all disability rights laws. •Conducts project planning and scheduling, project communications and the supervision of staff, project scope and tasks, data collection, data analysis, database development, and reporting. •Forecasts, schedules and monitors project timelines, personnel performance, and cost efficiency. •Drives continuous improvement of project delivery process by providing strong leadership. RECENT PROJECTS WITH MILE HIGH ACCESSIBILITY CONSULTANTS: City of Edgewater, CO – ADA Self-evaluation and Transition Plan Town of Bennett, CO – ADA Self-evaluation and Transition Plan Town of Parker, CO – ADA Self-evaluation and Transition Plan Federal Heights, CO – ADA Self-evaluation and Transition Plan Española, NM – ADA Self-evaluation and Transition Plan Meeker, CO – Parks and Recreation ADA Self-evaluation and Transition Plan Adams County, CO – Ongoing Transition Plan Consulting and Plan Reviews Fountain, CO – Ongoing ADA Facility and Public Right-of-way Audits and Plan Reviews 50 ADA Lawsuit Defense Projects Project Manager and Senior Consultant Meeting the Challenge, Inc. – May 2013 to October 2019 Colorado Springs, Colorado •Supervised teams of ten people with a focus on accuracy and efficiency. •Recruited new high-priority state and local government clients and maintained long-term relationships with existing ones. •Developed data collection and analysis software for Americans with Disabilities Act facility audits and Public Right-of-way Accessibility Guidelines right-of-way assessments. •Created detailed budgets and schedules in alignment with client specifications. •Communicated with clients to convey deadlines, scope of work and potential challenges throughout project timeline. •Brought projects in on-time and in accordance with budget and quality standards. •Managed entire project life cycle from initial concept through final delivery. MAJOR PROJECTS WITH MEETING THE CHALLENGE: Kaiser Permanente, CO – Plan Reviews and ADA Site Audits for 34 Medical Office Buildings Memorial Hospital, Colorado Springs, CO – ADA Site Audits for 2 Hospitals and 15 Medical Office Buildings City and County of Denver, CO – ADA Self-evaluation and Transition Plan Adams County, CO – ADA Self-evaluation and Transition Plan Seattle, WA – ADA Transition Plan Fort Collins, CO – ADA Self-evaluation and Transition Plan Larimer County, CO – ADA Self-evaluation and Transition Plan Commerce City, CO – ADA Self-evaluation and Transition Plan Loveland, CO – ADA Self-evaluation and Transition Plan Highlands Ranch, CO – Parks and Recreation ADA Transition Plan Littleton, CO – ADA Self-evaluation and Transition Plan EDUCATION: Bachelor of Science: Construction Management – Colorado State University Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Kent Kelley – Vice President and Executive Consultant (719) 205-7752 kent@milehighaccessibility.com PROFILE Kent has 15 years of experience in all disability rights laws such as the Americans with Disabilities Act, Fair Housing Act, Sections 504 and 508 of the Rehabilitation Act, and the Architectural Barriers Act and has experience with the Proposed Guidelines for Pedestrian Facilities in the Public Right-of-way (PROWAG) and the Outdoor Developed Areas Accessibility Guidelines. Kent is responsible for growing and managing the accessibility implementation services offered by Mile High Accessibility Consultants. These services include ADA self-evaluations and transition plans for state and local governments, park and recreation accessibility audits, ADA architectural plan reviews, and website accessibility audits. Kent will assist in data collection, data analysis, facility site analysis, database development, and reporting. Kent’s project experience includes: •Completed ADA facility audits on millions of square feet of facilities throughout the U.S. •Assisted state and local governments in developing ADA Self-evaluations and Transition Plans. •Developed and presented ADA Self-evaluation and Transition Plan training for public entities across the U.S. •Participated in the ADA audits of parks and recreation facilities throughout the Country. •Provided website accessibility audits for a variety of clients. SKILLS ADA Self-evaluations and Transition Plans Fair Housing Act 2010 ADA Standards for Accessible Design Website Accessibility (WCAG 2.1) Public Right-of-way Accessibility Guidelines Parks and Recreation Accessibility Public Right-of-way Accessibility Audits ADA Lawsuit Defense WORK EXPERIENCE Executive Consultant Mile High Accessibility Consultants, Inc. – October 2019 to Present Colorado Springs, Colorado •Assisted with the startup of Mile High Accessibility Consultants. •Provides guidance and interpretation of all rights and responsibilities related to all disability rights laws. •Conducts data collection, data analysis, database development, and reporting. Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 •Performs website accessibility audits. •Develops ADA compliant policies for state and local governments. •Facilitates public outreach content development and public meetings with state and local governments and the public they serve. •Develops and provides client specific ADA training. RECENT PROJECTS WITH MILE HIGH ACCESSIBILITY CONSULTANTS: City of Edgewater, CO – ADA Self-evaluation and Transition Plan Town of Bennett, CO – ADA Self-evaluation and Transition Plan Town of Parker, CO – ADA Self-evaluation and Transition Plan Federal Heights, CO – ADA Self-evaluation and Transition Plan Española, NM – ADA Self-evaluation and Transition Plan Meeker, CO – Parks and Recreation ADA Self-evaluation and Transition Plan Adams County, CO – Ongoing Transition Plan Consulting and Plan Reviews Fountain, CO – Ongoing ADA Facility and Public Right-of-way Audits and Plan Reviews 50 ADA Lawsuit Defense Projects President Meeting the Challenge, Inc. – January 2010 to October 2019 Colorado Springs, Colorado •Created and developed Company’s Consulting Services Division, growing revenue to over $3 million annually. •Cultivated ongoing relationships with state and local governments across the U.S. •Developed data collection and analysis software for Americans with Disabilities Act facility audits and Public Right-of-way Accessibility Guidelines right-of-way assessments. •Managed over thirty employees. •Interim Director of the Rocky Mountain ADA Center for 3 years. •Performed ADA training for state and local governments throughout the U.S. MAJOR PROJECTS WITH MEETING THE CHALLENGE: Denver International Airport South Terminal Redevelopment Project – Plan Reviews and Site Inspections Denver International Airport Great Hall Project – Plan Reviews and Site Inspections Kaiser Permanente, CO – Plan Reviews and ADA Site Audits for 34 Medical Office Buildings Memorial Hospital, Colorado Springs, CO – ADA Site Audits for 2 Hospitals and 15 Medical Office Buildings City and County of Denver, CO – ADA Self-evaluation and Transition Plan Adams County, CO – ADA Self-evaluation and Transition Plan Seattle, WA – ADA Transition Plan Seattle, WA – Parks and Recreation ADA Transition Plan Fort Collins, CO – ADA Self-evaluation and Transition Plan Larimer County, CO – ADA Self-evaluation and Transition Plan Commerce City, CO – ADA Self-evaluation and Transition Plan Loveland, CO – ADA Self-evaluation and Transition Plan Highlands Ranch, CO – Parks and Recreation ADA Transition Plan Littleton, CO – ADA Self-evaluation and Transition Plan EDUCATION – Bachelor of Science: Business Administration – University of Colorado Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 12 Seniors On Broadway Professional Services Final 8/15/2022 EXHIBIT B INSURANCE CERTIFICATE Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/27/2024 Higginbotham Insurance Agency,Inc. 3630 Sinton Rd.,Suite 200 Colorado Springs CO 80907 Melanie Clay 719-590-9990 mclay@higginbotham.net License#:2081754 Hartford Insurance Company Of The Midwest 37478 MILEHIG-05 Hartford Insurance Company Of Illinois 38288MileHighAccessibilityConsultants,Inc. 7971 Smokewood Dr. Colorado Springs CO 80908 521156664 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y 34SBMAG3YV7 5/18/2024 5/18/2025 2,000,000 B 34WECAG3YWA 5/18/2024 5/18/2025 1,000,000 1,000,000 1,000,000 A Professional Liability 34OH0342652 10/25/2023 10/25/2024 Aggregate 2,000,000 Certificate holder as Additional Insured as pertains to General Liability Coverage.Coverage is primary and non-contributory,30 days notice of cancellation applies. Seniors on Broadway,LP 500 Broadway Post Office Box 850 Eagle CO 81631 Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6 Docusign Envelope ID: 0236D3A2-3EAC-4F08-911B-18D4789B7CA6