HomeMy WebLinkAbout403578 PFEIFFER PARTNERS ARCHITECTS LLP - CONTRACT - RFP - P1040 CULTURAL FACILITIES PLANPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Pfeiffer Partners Architects, Inc., hereinafter referred to as
"Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ten (10) pages, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting
of one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence November 1 2006, and shall
continue in full force and effect until January 30, 2007, unless sooner terminated as herein
provided.
4. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Standard Professional Services Agreement- rev 09/O1/06
1
As part of our services for the Fort Collins Cultural Plan, we and Webb Management Services will also assist in the
development of a business plan for Lincoln Center as outlined below.
Study Brief
In addition to the Cultural Facilities Master Plan, the City of Fort Collins wishes to consider how Lincoln Center might
become a more self-sustaining operation by considering various aspects of its current operations, how expenses
might be reduced and, most importantly, how additional revenues might be generated in order to reduce the City's
annual operating subsidy.
Proposed Scope of Services
We would offer the following services in respect of that brief:
Organizational Audit: Conduct an audit of the organization, including its programming, rental activities, operations,
audience development efforts, fundraising, facility maintenance, staffing and financial performance. We would ask -for
the City's help in assembling extensive information on the facility and its operation, also with the scheduling of
interviews with staff, volunteer leadership, facility users and other key constituents.
Market Opportunities: Apply the work we do in the first part of our Facilities master Plan to identify market
opportunities for Lincoln Center in terms of programming, presenting and rental activities. Within this analysis,
consider competition for Lincoln Center in the sectors of arts and entertainment, as well as meeting and special event
business.
Comparable Projects: Conduct research on comparable arts and meeting facilities across the country, looking for
ideas and approaches that might be appropriate in Fort Collins given market conditions, competitive pressures and
financial constraints.
Competitive Positioning: Develop a positioning strategy for Lincoln Center as a programming, presenting and
rental facility.
Operational Recommendations: Present recommendations coming out of our analysis on [programming and
presenting strategies, audience development, managing the rental business, facility management, overall staffing
requirements, fundraising, leadership development and community relations,
Pro -forma Operating Budget: Extend the current Lincoln Center budget forward for five years to show the
implementation of our recommendations and their impacts on both the revenue and expense side of the budget.
Critical Path Plan: Create a critical path plan for Lincoln Center staff and leadership that identifies key milestones
and deadlines towards the implementation of our recommendations.
Final Report & Presentation: Present the findings and recommendations of the study and deliver a draft report.
Incorporate feedback and then issue a final report.
03
City of Fort Collins
With its significant history in the arts; its
depth in both performing and visual arts
organizations; physical facilities that are in
need of upgrade and/or expansion; and
a resident population who has expressed
strong support for arts and cultural activities
in Fort Collins, the City is well poised
to undertake a comprehensive cultural
facilities master plan. This plan, supported
by a needs assessment and a solid
financial underpinning, will assist the City
in evaluating and prioritizing what cultural
facilities are needed in the futurebothto
establish Fort Collins as a cultural hub —as
well as to foster ongoing economic
development efforts.
In general, our approach includes the
following:
• The case for new cultural facilities
depends on the demand from audiences,
programs and facility users exceeding
the supply of available venues. The case
can also be made for such facilities if the
arts are seen as a way for the community
to achieve broader goals. Thus, our
challenge is to understand demand and
supply issues, as well as the potential role
of the arts in community development.
• The success of arts facilities is best
measured by how they respond to
the needs and interests of the specific
community. We must therefore, gain a
keen understanding of the market in and
around Fort Collins in order to guide the
development of facilities, organizations
and cultural infrastructure. Not only
must the current climate be understood,
but we must have a sense of what the
community will look like five, ten and
twenty years from today. (Given the
participation of Bruce Hendee, principal
of BHA Design in this effort, as well as
the current experience of Duncan Webb
of Webb Management Services working
in Fort Collins, we begin this effort with
a basic level of understanding of the
community and its future.)
• The process must be as inclusive and
open as possible, to allow for all voices
to be heard.
• Physical, operating and fundraising
perspectives are critical and inter-
related. The study must bring these
different perspectives to bear on the
basic question of whether new facilities
make sense and how they can succeed
artistically and financially on an ongoing
basis.
• Most cultural facilities today involve
some form of partnership in either their
development and/or their ongoing
operations. We therefore use the study
Process as a means to .-nvestigate
potential partnership opportunities and,
when appropriate, advance them to a
written agreement.
• The experience of other communities
and organizations can help to build
a compelling case regarding how to
develop and operate new facilities,
if understood against the particular
qualities and character of the Fort Collins
community.
• Understanding competition for arts
and cultural facilities is a critical issue.
We must have a keen sense of who the
other players are and the alternative
choices available to ticket buyers,
touring programs and funders in the
region. Then our challenge is to develop
a project (or projects) with a strong
positioning strategy that makes it unique
and compelling.
• Developing a program that clearly
outlines the types, sizes and
configurations of spaces within proposed
facilities is important to the process,
not only in conveying how the facilities
might be used, but also what they will
cost to construct and operate. So too,
is establishing the level of quality that is
envisioned.
Workshop Process
• We begin our process day one with an
understanding of the costs to construct
these facilities, balancing these with
realistic assumptions of what might be
possible in a given community. Nothing
is more disappointing to all involved then
to develop concepts for various facilities
that everyone fully embraces but then
must be significantly pared down to
meet budget parameters. We therefore,
continue to tailor and refine our space
programs so that they are aligned with
potential financial resources.
• Pro -forma operating budgets, developed years before a building
opens, are inherently volatile, mostly as they relate to projections
of activity. Given this volatility, our approach is to conservatively
estimate activity levels and then provide for an extended period
of time in which activity can build.
• The only thing certain with these studies is change, and we must
be flexible enough in our recommendations to encourage and
allow for new opportunities as they arise.
• Our studies are not intended to sit on a bookshelf, but rather to be
a well -used guide and roadmap for those charged with turning our
projects into reality.
The following is a preliminary scope of work, further delineating the
tasks that have been outlined in the RFP. Based on our experience
with similar projects in similar communities, we suggest a three
phased approach, allowing the City to make key decisions at the
conclusion of each phase that will then inform subsequent phases.
Phase One - Needs Assessment
The Needs Assessment determines the fundamental feasibility of
the project, and describes recommended facilities in terms of size,
shape and possible costs. To accomplish this, we undertake the
following tasks:
COMPARABLE COMMUNITIES/COMPARABLE PROJECTS:
Research similar projects in communities comparable to Fort
Collins to inform the development and operation of proposed new
facilities. Identify the "mix" of cultural programming and facilities
that make these communities successful, Key areas of research
include history of the arts and arts development (infrastructure,
facilities, funding), capacity and market potential, development
models, governance, formation of partnerships and the relative
strength of the arts communities.
:MATERIALS REVIE'"N:
Review any previous studies on the arts market, arts activity and
the need for new facilities, including plans for indoor or outdoor
facilities for performance, production, exhibition or education. This
would include the study Arts & Economic Prosperity - The Economic
Impact of Nonprofit Arts Organizations and Their Audiences in Fort
Collins, the Cultural Arts Public Opinion Survey undertaken by the
City and Arts Alive!, the program entitled "Beet Street", plans by the
Bohemian Foundation for a music venue along the river, and other
relevant studies and plans.
WHAT OTHERS ARE DOING:
To insure that our efforts are neither duplicating nor conflicting
with other ongoing cultural planning efforts in Fort Collins and to
insure a comprehensive set of recommendations, we will seek out
and meet with other consultants currently working on arts and/or
redevelopment planning efforts throughout the City and the region
to understand their efforts and to share both our initial findings as
well as final recommendations and conclusions.
EXISTING CULTURAL FACILITY ASSESSMENTS:
Consider the use and evaluate the condition of other existing (or
planned) arts facilities in Fort Collins and the immediate region
to suggest the quality of those facilities, their use and availability,
their rental costs, and any gaps in that inventory. Also consider the
impact of possible new facilities on the market and operation of
existing facilities.
ARTS COMMUNITY ASSESSMENT:
Meet with community cultural and arts organizations in Fort Collins
to assess:
• The history of attendance, funding and growth
• Their need for new or expanded facilities
• Their capacity to grow, expand and work together
• Their capacity to afford new facilities
• The leadership and funding of the arts
OTHER FACILITY USES AND USERS:
Meet individually or in a workshop setting with businesses,
independent artists, regional presenters, entertainment providers,
facility operators, educators, and community leaders to assess the
demand for new facilities and the potential levels of use.
AUDIENCE (MARKET; ANALYSIS:
Using any and all existing local and regional data (including the
Cultural Arts Public Opinion Survey), describe and understand the
market for the arts —past, present and future —in terms of demo-
graphics, geo-demographics and general characteristics including
the following:
• Market Area Definition and Demographic Analysis:
Define the resident market for the arts and describe that
population in terms of size, rate of growth and demographic
factors such as education level, age, disposable income and
race.
• Geo-demographic Analysis:
Using the PRIZM model developed by Claritas, which defines
the population in terms of specific variables that play into
potential arts attendance, investigate the presence of active arts
participants in the market area and their capacity to support
additional cultural facilities.
• Non-resident Audiences:
Consider the size and characteristics of the non-resident segment
of the market. Test the attractiveness of this market segment
in terms of the development plans of area arts organizations,
potential presenters and community cultural and economic
goals.
COMMUNITY GOALS:
Assess Fort Collin's goals based on the review of materials and
interviews with community leaders. Understand the basic question
of where the community hopes to be in five, ten and twenty years.
BENEFITS AND h,1PACTS:
Based on the above, determine if and how the arts can play a role in
those goals, including such issues as economic impact, educational
opportunities and cultural tourism. Understand the relative importance
of the arts and culture in broader community goals and how that
relationship affects the demand for new facilities.
FACILITY CONCEPTS:
Based on the analysis described above, provide conclusions and
recommendations regarding the types of facilities that should be planned
for. This includes defining the nature of these facilities and the functions
they might serve. As part of this, we also recommend how Lincoln
Center fits into the overall plan for facilities and what options might
be considered as part of its renovations that would enhance the City's
cultural offerings.
WORKSHOP ONE.
Present the findings and recommendations of the Needs Assessment
and deliver a report/ power point including all findings, conclusions and
recommendations. Assist the client in the evaluation of possible directions
and priorities for the project.
Phase Two - Refinement of Priorities
The purpose of Phase Two is to further develop the top priorities as they
have been identified by the City. This includes developing concepts for
the proposed facilities, including refining the size and type of spaces
being proposed, establishing criteria for site selection andf'or identifying
potential sites, developing an approach to how parking needs will
be met and establishing an overall cost model for construction and
implementation. To accomplish this, we:
PREPARE SPACE PROGRAMS FOR NEW OR RENOVATED FACILITIES:
Based on the artistic needs that have been identified, we will prepare
space programs outlining the types, sizes, seat counts and general
configuration of the rooms and spaces that will comprise new cultural
facilities. The programs will illustrate the net square footage for each
facility as well as the number of people to be accommodated. It
will also provide estimated net to gross ratios that will determine the
overall size of the facilities. As port of this, we will discuss with the City
their expectations regarding the quality of these facilities, including
their theatrical and acoustical components as this will have an effect
on the anticipated construction costs.
DETERMINE SITE, LOCATION AND LAND AREA CRITERIA:
We will develop criteria that will assist the City in identifying potential
sites for the location of the new cultural facilities. Criteria will include
but not be limited to parcel size and configuration, opportunities for
expansion, access via major roadways and transportation systems,
existing parking and/or opportunities for new parking, visibility and
adjacent land uses and activities. We will also discuss with the City the
opportunity that new facilities can have in generating complimentary
activities, serving as a catalyst for development.
DEVELOP PRELIMINARY COST ESTIMATES:
We will prepare a total project cost model for the implementation
of proposed cultural facilities. The cost model will include estimated
hard costs such as site work, new building construction (on a square
footage basis for various components of the facilities), renovation
(if appropriate) landscape, design contingencies, construction
contingencies and escalation. It will also include soft costs, such as
fixed furniture and equipment, acoustical, theatrical and audio visual
equipment, fees, permits and anticipated owner costs. This
will allow the City to understand the full magnitude of financial
commitments to make these projects a reality.
WORKSHOP TWO:
Present the findings and recommendations of the Phase Two work
effort and deliver a report/power point including all findings,
conclusions and recommendations. Assist the client in the
evaluation of possible directions for the project.
Phase Three - Business Planning and Fundraising
The third component of the work is the development of a
preliminary business and funding plan that suggests how
recommended facilities should be operated, estimates their
initial and ongoing operational costs and projects their financial
performance and economic impacts on the community.
DEFINE GOALS AND PRACTICES:
Define the vision and operating goals for proposed facilities,
covering such areas as community access, cost -recovery objectives
and maximizing community benefits.
ACTIVITY PROFILE:
Prepare an activity profile for recommended facilities, listing types
and levels of use by -artists, organizations, educators and other
specific groups, then identifying other uses for recommended
facilities.
GOVERNANCE AND OPERATIONS:
Propose an operating model for recommended facilities,
addressing ownership, governance, staffing requirements, and
operating issues such as community access, scheduling and public
events. If appropriate, consider the role of existing institutions in the
development and operation of new facilities.
PRO -FORMA OPERATING BUDGET:
Construct a pro forma operating budget for five years of
operations, starting two years before new facilities open and
extending through the third year of operation, identifying all
sources of operating revenues and expenses, an appropriate
capital reserve and the likely result of operations.
FUNDING OPTIONS:
Develop a preliminary strategy to pursue funds for the construction
and continuing operation of recommended facilities from identified
sources including local and regional government, federal
government, corporations, foundations and individuals. Offer
preliminary guidance on the creation of a funding plan, and how
to use the study as a fundraising tool.
ECONOMIC IMPACT:
Forecast the economic impact of new facilities, including the
impacts of construction, operation and ancillary spending
associated with attendance at facilities. Use the RIMS II model
developed by the Bureau of Economic Analysis to estimate the
direct and indirect impacts of the project on the market area,
including outputs, increased earnings and employment.
Present the findings and recommendations of the study and deliver
a final report/power point including all findings, conclusions and
recommendations.
DESCRIPTION OF CLIENT ASSISTANCE:
Client participation is critical to the success of a study such as
this. From a practical point of view, we typically seek assistance
with setting up interviews, touring facilities, gaining access to key
community leaders, and accessing existing information on the
community. It is also our experience that greater participation by
the Client leads to consensus building, a stronger identification
with recommendations, and greater momentum to move the
project forward. In this context, we will make every attempt to plan
our meetings well ahead of time and to allow extensive time with
each of the partnering organizations as well as other elements of
community leadership.
City of Fort Collins - Streetscape
Cultural Facilities Plan
Fort Collins, Colorado
SCOPE AND SCHEDULE
Month
Week
TASK
One: Needs Assessment
Research Comparable Communities
Review Materials
Determine What Others are Doing
Assess Existing Facilities
Assess Arts Community
Assess Other Facility Users/Uses
Conduct Market/Audience Analysis
Determine Benefits/Impacts
Develop Initial Facility Concepts
CONDUCT WORKSHOP ONE
Two: Refinement of Priorities
Prepare Space Programs
Determine Site and Location Criteria
Develop Preliminary Costs
CONDUCT WORKSHOP TWO
Three A: Business Planning
Define Goals and Practices
Develop Activity Profile
Governance and Operations
Pro -forma Operating Budget
Identify Funding Options
Determine Economic Impact
CONDUCT WORKSHOP THREE
Three B: Business Planning
Lincoln Center
Conduct Organizational Audit
Identify Market Opportunities
Research Comparable Projects
Develop Positioning Strategy
Present Operational Recommendations
Prepare Pro -forma Operating Budget
Develop Critical Path Plan
Prepare/Present Final Report
EXHIBIT B
4
January
1 3 4
ESTIMATE OF MANHOURS AND FEES BY TASK EXHIBIT C
Firm
Person
Hourly Rate
Task
$
Pfeiffer Partners
JG SS
200 $ 150
$
Webb Management
DW SJ
180 $ 140
$
BH
140 $
BHA
EH
87
Total Task
Fees
PhaseOne: Need Assessment
Comparable Communities/Projects
2
0
4
16
0
0
Materials Review
4
8
4
8
4
0
What Others are Doing
0
0
8
8
4
0
Existing Cultural Facility Assessments
8
40
4
12
0
16
Arts Community Assessment
12
0
12
20
8
0
Other Facility Uses and Users
0
0
12
12
0
0
Audience (Market) Analysis
0
0
8
18
0
0
Community Goals
4
0
8
8
4
0
Benefits and Impacts
0
0
8
8
0
0
Facility Concepts
8
0
12
16
4
0
Workshop One
8
0
8
8
8
0
Total Task One: Hours
46
48
88
134
32
16
364
Total Task One: Fees
$
9,200 $
7,200
$
15,840 $
18,760
$
4,480 $
1,392
$
56,872
Phase Two: Refinement of Priorities
Prepare space programs
16
0
0
0
0
0
Determine site, location and land criteria
16
66
0
0
32
40
Develop preliminary cost estimates
12
0
0
0
0
0
Workshop Two
8
8
0
0
4
0
Total Task Two: Hours
52
74
0
0
36
40
202
Total Task Two: Fees
$
10,400 $
11,100
$
$
$
5,040 $
3,480
$
30,020
Phase Three A: Business Planning
Define Goals and Practices
0
0
8
8
0
0
Activity Profile
0
0
8
8
0
0
Governance and Operations
0
0
10
16
0
0
Pro -forma Operating Budget
2
0
8
12
0
0
Funding Options
0
0
8
12
0
0
Economic Impact
0
0
8
16
0
0
Workshop Three
8
0
8
0
4
0
Phase Three B: Business Planning
Lincoln Center
Conduct Organizational Audit
0
0
8
8
0
0
Identify Market Opportunities
0
0
4
B
0
0
Research Comparable Projects
0
0
4
8
0
0
Develop Positioning Strategy
0
0
B
4
0
0
Present Operational Recommendations
0
0
B
2
0
0
Prepare Pro -forma Operating Budget
0
0
8
2
0
0
Develop Critical Path Plan
0
0
8
2
0
0
�reparelPresent Final Report
0
0
8
2
0
0
rotalTask Three: Hours
10
0
1141
108
4
0
236
rota) Task Three: Fees
$
2,000 $
$
20,520 $
15,120
$
560 $
$
38,200
TOTAL HOURS
108
122
202
242
72
56
TOTAL FEES
$
21,600 $
18,300
$
36,360 $
33,880
$
10,080 $
4,872
$
125,092
TOTAL HOURS BY FIRM
230
4"
128
TOTAL FEES BY FIRM
$
39,900
$
70,240
$
14,952
$
125,092
-ESTIMATE OF MANHOURS AND FEES BY TASK
-Estimated Reimbursable Expenses
-Airfare (8 person trips @ $450/trip)
$
1,800
$
1,800
- Hotel (10 nights @$150/night)
$
600
$
900
- Meals, Ground Transportation
$750
$1,000
- Miscellaneous
500
500
'otal by Firm
$
3,650
$
4,200
'OTAL EXPENSES
$
7,850
Professional:
City:
With Copy to:
Pfeiffer Partners Architects, Inc.
City of Fort Collins, Lincoln Center
City of Fort Collins
Attn: Jean Marie Gath
Attn: Jill Stillwell
Attn: Purchasing
224 Centre Street
Lincoln Center
PO Box 580
New York, NY 10013
417 W. Magnolia St
Fort Collins, CO 80522
Fort Collins, CO 80521
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.
5. Desion, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and
hold harmless the City, its officers and employees in accordance with Colorado law, from all
damages whatsoever claimed by third parties against the City; and for the City's costs and
reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any
of the services furnished under this Agreement. The Professional shall maintain commercial
general liability insurance in the amount of $500,000 combined single limits and errors and
omissions insurance in the amount of $ 1,000,000.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of One Hundred Twenty
Five Thousand Ninety Two Dollars ($125,092) plus reimbursable direct costs. All such fees and
costs shall not exceed One Hundred Thirty Two Thousand Nine Hundred Forty Two Dollars
($132,942). 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
Standard Professional Services Agreement- rev 09/01/06
2
ACORD.a CERTIFICATE OF LIABILITY INSURANCE 11/14,os°""'
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199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Pasadena, CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
626 844-3070 INSURERS AFFORDING COVERAGE
INSURED
Pfeiffer Partners Architects, Inc.
811 W. 7th St., 7th Floor
Los Angeles, CA 90017
INSURER A: Fidelity & Guaranty Ins. Co.
INSURER B: American Automobile Ins. Co.
INSURER c: ACE American Insurance Con
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
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INSR
LTR
rypE OF INSURANCE
POLICY NUMBER
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DATE (MM/DDIYYI
POLICY EXPIRATION
DATE MMIDDMr
LIMITS
A
GENERAL LIABILITY
BKO1927988
08/01/06
08/01/07
EACH OCCURRENCE
$1 o00000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [XI OCCUR
FIRE DAMAGE (Any one fire)
$100000w0
MED EXP (Anyone person)
$1000O
PERSONAL S ADV INJURY
$1 00O 000
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMITAPPLIES PER:
PRODUCTS-COMPIOPAGG
s2,000,000
POLICY F7 PRO LOC
JECT
D
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA01928490
08/01/06
08/01/07
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WZP80943596
08/01/06
08/01/07
X Wcsrnru- OTR-
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
C
OTHER Professional
G21656574003
08/01/06
08/01l07
$1,000,000 per claim
lability
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: P1040 - Cultural Facilities Plan
The City of Fort Collins is named as an additional insured as respects
general liability for claims arising from the operations of the named
insured.
City of Fort Collins, Lincoln Center
Attn: Jill Stillwell
Lincoln Center
417 W. Magnolia Street
Fort Collins, CO 80521
SH OULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL_'An DAYS WRITTEN
NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTH E I.M. BUT FAILURE TODD SO SHALL
IM POSE NO OB LIGATION OR LIABILITY OF ANY IGND UPON THE INSURERJTS AGENTS OR
AUTHORIZED REPRESENTATIVE
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Professional's City -verified progress in completing the services to be performed pursuant hereto
and upon the City's approval of the Professional's actual reimbursable expenses. The parties
acknowledge that the sub -contractors: Webb Management Services and BHA Design are not
parties to this agreement. However, the rates listed for services to be provided by these
subcontractors shall be the rate paid by the City to the Professional for these services. If the
amount charged by these subcontractors exceeds the rates listed in Exhibit "C" the excess amount
shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4
herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall
be made following acceptance of the work by the City. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by the Professional shall become the
sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no
older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
Standard Professional Services Agreement- rev 09/01/06
3
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. 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.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as
a waiver of any rights or benefits provided to the City under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
15. Bindina Effect. This writing, together with the exhibits hereto, constitutes the entire
Standard Professional Services Agreement- rev 09/01/06
4
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Emoloving Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 'Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
Standard Professional Services Agreement- rev 09/01/06
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E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
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
Contractor 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.
F. Contractor 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.
G. If Contractor 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, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
Standard Professional Services Agreement- rev 09/01/06
6
THE CITY OF FORT COLLINS, COLORADO
By:
Ja es B. O'Neill II, CPPO, FNIGP
Direct of Purchasing & Risk Management
DATE: 7ZD 6
By:
Title: `C K-V51 OU# 7C--
CORPORATE PRESIDENT OR VICE PRESIDENT
�, Date: l 1, !/0 (O
A 4- "
(Corporate Seal)
C&pVaM Secretary
Standard Professional Services Agreement- rev 09/01/06
EXHIBIT A
SCOPE
The City of Fort Collins' Cultural Services Department seeks proposals for a needs assessment and
feasibility study for the evaluation and prioritization of future cultural facilities in the City. The
intended purpose of this study is to assess community cultural facility needs and to determine
whether there is a market to sustain existing and new cultural facilities.
Background Information
Fort Collins has a strong history in the performing arts, and in fact presents more performing arts
events than its larger neighbors Boulder and Colorado Springs combined. Fort Collins has over 30
non-profit performing arts groups, four theatres, over 400 visual artists living and working here, the
Fort Collins Museum of Contemporary Art, Fort Collins Museum (history and culture), and the only
hands-on science center in the state. The City has an active ten -year -old Art in Public Places
program and the Cultural Resources Board awards grants to local cultural events three times per
year.
In 2001, the voters defeated an initiative to build a new 2200 seat theatre in downtown Fort Collins,
which was bundled with a new library and renovations to the Fort Collins Museum. It is still uncertain
as the reason for the failed initiative; whether the occurrences of September 11 and subsequent .
economic downturn were to blame, or if the lack of choice in the bundling or the projects themselves
were disagreeable to voters. Since that time, there have been many changes in Fort Collins: retail
sales are declining as neighboring communities grow their retail sectors; the marketplace is becoming
more regional; a new 5,000 seat Budweiser Events Center was constructed at the new Larimer
County Fair Grounds just outside of Fort Collins; Colorado State University opened the University
Center for the Arts including a chamber music hall and thrust theatre; Bas Blau Theatre relocated to a
new, larger facility; and our area's population continues to rapidly grow.
The City has expressed a strong interest in establishing Fort Collins as a cultural hub, a destination
for culture and the arts, which would serve as an economic engine and potentially generate additional
revenue. In November of 2005, voters approved the renewal of a sales tax dedicated to capital
projects. The tax will fund a variety of projects and includes $6 million towards a new downtown
facility for the Fort Collins Museum and Discovery Science Center and $5 million towards renovating
the City's performing arts center, the Lincoln Center. The City is also currently contracting services to
develop a brand and messaging program for the community.
The Downtown Development Authority is investing in cultural programming through a "Chautauqua"
like program called "Beet Street". The program revolves around themed week-long, day -time
educational opportunities supplemented by arts and entertainment evening activities. The Bohemian
Foundation is developing a music venue in downtown along the river at a site commonly known as
the Oxbow.
With this flurry of recent activity and the commitment to developing Fort Collins' niche as culture and
the arts, it became clear that a comprehensive plan was needed. The City's Cultural Services
Department and Arts Alive! Fort Collins began a cultural planning effort. To date, the planning
process included surveying the community on their values around culture and the arts (visit
www.artsalivefc.org to view survey), an inventory of existing cultural entities and resources, a
community forum on how to forward this idea, and the formation of a task force and advisors around
sustainable funding. The next step in this process is to evaluate what kind of cultural facilities with
what type of programming are needed and can be sustained in order to move Fort Collins towards its
goal of being a destination for culture and the arts.
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SCOPE OF WORK
1. Identify comparable communities that successfully serve as a cultural hub. Identify the "mix' of
cultural programming and facilities that makes these communities successful.
2. Identify existing cultural facilities within Fort Collins, and determine the scope of their services.
Meet with community cultural and arts organizations to determine their need for facilities
3. Confirm the size, characteristics, and growth potential of the market to support additional cultural,
performing and entertainment programs and facilities.
4. Recommend needed cultural and/or arts facilities, defining the nature of those facilities: the
functions they might serve and programming; optimal size; features and location.
5. Prioritize the recommended facilities based on our goals and values, and further develop the top
priorities.
• Complete market and economic impact analysis for top priority facilities.
• Develop projected costs associated with the implementation of the top priority facilities,
including capital cost estimates and ongoing operating expenses.
• Assess the regional market potential to support such facilities.
• Recommend funding options for capital and sustainable funding for on -going operations
6. Recommend how our existing performing arts center, the Lincoln Center, fits into the overall plan
and what options might be considered as part of its renovations which are being planned for 2010.
7. Seek out consultants currently working on other cultural projects in Fort Collins to share findings
and information to assure the best, comprehensive results for the plan and our community.
8. Provide baseline research and recommendations that future planning efforts can effectively utilize.
9. The Lincoln Center will be seeking a Business Plan consultant during the same time frame as the
Cultural Facilities Plan project. The City of Fort Collins would like to reserve the option to include that
project into the awarded consultant's Scope of Work, if agreed to by both parties at that time. Do not
include the Business Plan as a component of the Cultural Facilities Plan estimate. Terms and cost
would be negotiated separately.
Project completion is desired by December 31, 2006.
Proposal submittals should address the specific tasks and the firm's qualifications to complete the
tasks. Estimates of work hours, cost per task and hourly rates must be included.
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