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HomeMy WebLinkAboutRFP - P1040 CULTURAL FACILITIES PLANREQUEST FOR PROPOSAL P1040 Cultural Facilities Plan 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. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 12, 2006. Proposal No. P1040. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Jill Stillwell, (970) 221-6735. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows 1. Download the Proposal/Bid from the BuySpeed Webpage, https:Hsecure2.fcqov.com/bso/login.'sp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill ll, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2"`1 Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 0 Fax (970) 221-6707 www.fcaov.com 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of ( ) page[s], attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) 2/9/00 Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL P1040 Cultural Facilities Plan City of Fort Collins 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. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 12, 2006. Proposal No. P1040. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Jill Stillwell, (970) 221-6735. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL P1040 Cultural Facilities Plan City of Fort Collins 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. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 12, 2006. Proposal No. P1040. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Jill Stillwell, (970) 221-6735. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com Scope of Services City of Fort Collins P1040 Cultural Facilities Plan 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. Backaround 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 Bleu 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 03 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. 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. 03 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 2/9/00 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 2/9/00 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , [insert either a corporation, a partnership or an individual,doing business as WITNESSETH: hereinafter referred to as "Professional". 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 ( ) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 3. Contract Period. ( ) pages, and incorporated herein by this reference. This Agreement shall commence 2005, and shall continue in full force and effect until 2005, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. . Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Early Termination bV 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 2/9/00 the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Protect 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 $ 6. Compensation. [Use this paragraph or Option 1 below.] 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 ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial 2/9/00 payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional]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, 2/9/00 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. 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. 2/9/00 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision 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. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. 2/9/00 THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] in Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) 2/9/00 [Optional] EXHIBT " " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 2/9/00 Scope of Services City of Fort Collins P1040 Cultural Facilities Plan 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 Bleu 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 03 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. 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. 03 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 2/9/00 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , [insert either a corporation, a partnership or an individual, doing business as ], 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 ( ) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 ( ) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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: 2/9/00 Professional: City: With Copy to: 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. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, 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 negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work 2/9/00 by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. 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. 2/9/00 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. 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 of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the 2/9/00 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. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision 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. 2/9/00