HomeMy WebLinkAbout113006 EDAW - CONTRACT - PURCHASE ORDER - 2204769PROFESSIONAL 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 EDAW, INC., a corporation, 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 fifteen (15) 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. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within five (5) days following execution
of this Agreement. Services shall be completed no later than December 31, 2003. 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:
PSA 05101
• growth management boundaries,
• regional linkages,
• infill opportunities,
• site and infrastructure resources,
• real and perceived barriers - such as physical,
employment and educational,
• fledgling initiatives...
environmental, social, economic,
The analysis will consist of a presentation of Task 2 through 4 findings and a presentation of the
team's initial Opportunities and Constraints. These will be documented both in map format and
in written format. Vacant and underutilized parcels, GMA's, IGA's, land status, as well as
potential environmentally sensitive areas are some of the base layers that comprise this
analysis tool. A discussion will follow to focus on the market analysis and on the key physical
opportunities and constraints of the planning area.
Deliverables: One camera-ready/electronic draft and one final Opportunities and Constraints
Summary Memo and Map.
Meetings: TAC # 6
TASK 6 PUBLIC INVOLVEMENT/PUBLIC MEETING (#1)
In Tasks 2 through 4 of this phase, the goal of the public involvement effort will be to condense
and disseminate existing information and clarify its relationship to the plan update. To
accomplish this end, the team will present information to the Citizen Advisory Committee and
communicate key data to the general public. This second goal will be accomplished through a
public meeting/presentation early in the process. The team recommends a brief presentation on
the project and educating the public on the importance of growth management, tools utilized for
growth management and case study examples of successes and failures in managing growth.
Doug Porter of the Growth Management Institute will lead this presentation. This would be
followed an interactive work session and a review of exhibits depicting information collected to -
date. EDAW assumes that the City will provide pre-existing maps depicting information about
the City of Fort Collins (e.g. natural resources, zoning.). EDAW will provide any analysis maps
generated from previous tasks. EDAW will also gather information on quality of life indicators to
be used in the next Phase.
Deliverables: Graphic, PowerPoint Presentation and/or handouts as necessary
Meetings: Public Meeting # 1
TASK 1 "WHAT IF"
At the conclusion of the analysis phase, the team will present a preliminary summary of major
issues and opportunities, and weaknesses. The EDAW team will work collaboratively with the
Fort Collins Staff Group, GMC, CAC, and the public to begin preliminary "What if' scenarios for
the future of the community. First, a brainstorming workshop will occur with the Staff Group and
GMC. Questions to be asked during this task will include:
What type of community does Fort Collins want to be?
• Is there an optimal size for the community?
• What are the appropriate indicators to evaluate scenarios and how does this relate to the 17
indicators used in recent monitoring reports?
• Where can the City grow?
• What is the GMA's population and job employment potential using City Plan density
policies?
• What role can redevelopment feasibility play for continued employment opportunities and
population growth?
• What policies and implementation techniques does the City need to establish to achieve its
desired outcome?
• What should the relationship of Fort Collins be in the context of the regional growth?
• What elements of good urbanism should be adopted within the community?
• What are the appropriate housing densities and community form for each neighborhood in
the community?
• How do the growth objectives of Larimer County and other surrounding communities affect
growth in the region?
• What is the appropriate balance between growth and preservation of natural resources and
open space?
This workshop should conclude with an answer to these questions, what the three land use
scenarios should be and what indicators should be used to evaluate them. EDAW is currently
assuming the indicators will consist of a maximum of 17 indicators used either from recent
monitoring reports or a similar list of indicators to be determined. To assist in this discussion, the
EDAW team will also provide a matrix from several other communities that compare community
growth with quality of life factors. The "big ideas" that emerge will be tested, massaged, and
refined to create the preliminary growth management scenarios for the City. Schematic
drawings that begin to illustrate these opportunities will begin to formalize during this
brainstorming session.
EDAW will generate three scenarios based on the information obtained during the first public
meetings, interviews, CAC meetings, TAC meetings and this workshop. One of the scenarios
will be a " baseline scenario" projecting growth in the future using the existing City Plan and the
results from the previous monitoring reports. The City will assist in the detailed refinement of
these scenarios. The EDAW team will utilize CommunityViz to display three alternative
scenarios. In addition, we anticipate utilizing visualization tools in CommunityViz and/or other
software to simulate general growth patterns.
EDAW also anticipates generating six photo -simulations (2 per scenario) displaying large areas
of future land uses from an oblique perspective. Based on a scoping meeting held June 6`" with
the City of Fort Collins, EDAW was requested to add additional photo -simulations. EDAW
anticipates developing additional 6 photo -simulations from an oblique perspective of specific
areas that depict the principles of City Plan. These graphics would also be included in the final
plan.
Towards the end of this task, there will be a working session with City Council to review the
"What if' scenarios and growth management strategies discussed to date.
Deliverables:
One base line scenario and two alternative land use scenarios-
Twelve photo simulations
One draft and one final camera-ready summary memorandum outlining the "What if'
process, feedback and results.
Meetings: CAC # 3
TAC#7
GMC#2
City Council Work Session # 1
TASK 2 PUBLIC INVOLVEMENT/PUBLIC MEETING (#2)
In Task 1 of this phase and Public Meeting # 1, three land use scenarios were developed. Thee
goal of the public involvement effort will be to obtain additional public comment on the three
preliminary land use scenarios. The team recommends a brief presentation on the three
scenarios followed by a work -session focusing on possible refinements. EDAW assumes that
the City will provide pre-existing maps depicting information about the City of Fort Collins (e.g.
natural resources, zoning.). EDAW will provide any analysis maps generated from previous
tasks.
Deliverables: Graphic, PowerPoint Presentation and/or handouts as necessary
Meetings: Public Meeting # 2
TASK 3 EVALUATION OF "WHAT IF" SCENARIOS
The EDAW team will evaluate the growth options against the 17 existing or modified indicators.
The process will begin by evaluating the baseline scenario (one of the three) which includes
existing conditions and the current structure plan. Recent monitoring reports will also provide a
historic baseline. The same process will be used on the other two land use scenarios, providing
a relative comparison. The application of the criteria will allow measurement of the relative
benefits and tradeoffs associated with each scenario and the formulation of a preferred option
based on the best characteristics and strengths of the options tested.
EDAW will utilize Community Viz or other methods to evaluate the three scenarios. As stated
above, EDAW will evaluate the 17 existing or modified indicators. The City and TAC will need
to provide refinement and buy -off of the Community Viz indicator formulas prior to proceeding
with the modeling. EDAW also assumes the PBS&J will take the lead in the evaluation and
refinement of the transportation indicators (2-3 indicators). The evaluation will provide only a
"relative" evaluation of the three alternatives. Exact estimates of indicators will not be possible
with general data used in the analysis, but a relative evaluation will be used to assess these
alternatives.
EDAW also assumes that the City in conjunction with the EDAW Team will provide a single
recommendation for a preferred land use scenario. The preferred land use scenario will be
discussed in the city council work session, modified, and then presented to city council for
adoption.
Subtasks:
Developed and refine 17 indicators in conjunction with the City and the Transportation
Consultant
• Evaluate growth options against defined criteria i.e.
Reality Check — are the alternative scenarios achievable
Priority Check — are the alternative scenarios affordable
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• Prepare a matrix summarizing the evaluation of alternatives.
• Formulate a preferred scenario from evaluation findings and work sessions and present to
City Council for adoption.
Deliverables: One draft and one final camera-ready summary memorandum outlining the
"What if' process, feedback and results.
Meetings: TAC #8 & #9
CAC #4, #5
City Council Work Session # 2
GMC #3
TASK 4 PUBLIC INVOLVEMENT/PUBLIC MEETING (#3)
Public involvement is essential in this phase. Our goal will be to involve as many members of
the community as possible, asking that each interested participant contribute to the vision for
Fort Collins' future. Citizen Advisory Committee meetings in this phase will explore alternative
futures and allow the committee members to envision the community, as they want it to be.
EDAW will also compare Fort Collins to other communities and address quality of life factors as
it relates to growth. A public workshop will occur to present the "What if' scenarios that the
Staff, GMC, CAC and consultant team had devised. The second part of the workshop will
include an interactive "What if' session with the public. This workshop will help members of the
community translate imprecise images into specific visual details that capture the desired future.
This phase could also include a survey or focus group aimed at adding detail to the community
vision. Another goal of the workshop is highlight a preferred land use scenario.
The City notification process and media relations from the Transportation Consultants PR firm
will ensure that community members know when, where and how they can contribute to the
visioning process. Our approach will be to provide as many options as possible for contributing
ideas, including attending public meetings, offering ideas in writing (electronically or in hard
copy), communicating through existing organizations or contacting the Citizen Advisory
Committee, project team or staff. The City will provide all base information maps and the
EDAW team will provide all analysis maps. The Growth Management Institute will also
participate in this public meeting, possible providing a brief presentation.
Deliverables: Graphic, PowerPoint Presentation and/or handouts as necessary
Meetings: Public Meeting/Lecture #3
CITY PLAN UPDATE PART II:
IDENTIFIED CITY PLAN UPDATE AND OTHER RELATED ISSUES
PHASE 1- ANALYSIS/RECOMMENDATIONS FOR UPDATING CITYPLAN COMPONENTS
TASK 1 GOALS, PRINCIPLES AND POLICIES REVIEW
The EDAW team will lead a review and reconfirmation of the assumptions, fundamental
principles and policies, and major choices made at the adoption of City Plan. The team will
focus on those issues/policies that have come up since the adoption of City Plan, as well as
those new principles that City leaders have identified for consideration. All elements will be
reviewed in the context of growth management for the community and surrounding region. This
review will also occur in the context of the preferred scenario as adopted by the city council.
This Task will also include a review of the 'lessons learned' to date with City Plan and current
growth management strategies. This will include both successes and those areas/policies that
were not as successful.
The EDAW team will analyze Fort Collins' Growth Management Strategies and examine other
communities that have been successful, and those that have issues.
Deliverables: One camera-ready/electronic draft and one final Recommended changes to
Goals, Principles, and Policies (outline format)
Meetings: TAC # 10
CAC #6
TASK 2 RECONFIRM VISION
This Task will include a review and reconfirmation of the vision identified in City Plan in context
with both the major choices made at the adoption of City Plan and the decisions made to date
within the City Plan Update planning process. The City may wish to take the lead of detailed
refinement of the Vision Statement provided by the consultant team.
Deliverables: One camera-ready/electronic draft and one final Vision Statement (if update
necessary)
Meetings: TAC #11
GMC#4
CAC #7
City Council Presentation # 3
TASK 3 PUBLIC INVOLVEMENT/PUBLIC MEETING (#4)
The essential public involvement objectives in this phase are:
1. Restate the vision in a compelling way and disseminate it to the public.
2. Provide venues for the public to help translate the vision into specific goals, principles and
policies in context with the "What if' outcomes in Part I.
3. Demonstrate the relationship between the vision and the goals, policies and principles.
4. Disseminate the vision statement and the goal/principle/policy statements.
The Citizen Advisory Committee will be instrumental in reviewing and helping to revise the staff
team/project team work in this phase. A Public Informational Meeting in this phase will include
presentations of the vision, goals, principles and policies and provide the public with the
opportunity to offer feedback, pointing out those cases where the vision statement is not
adequately reflected. This meeting will include a display of the vision statement and the existing
principles established in City Plan.
Should the project and staff team elect not to use a survey or focus group earlier in the process,
this is a time when it might be warranted. In this phase, this kind of public involvement tool
allows the project/staff team to gauge community reactions to the vision statement and the other
draft plan elements.
Mass communication and electronic communication can provide support for the public
involvement process at this point, ensuring wide distribution of these elements and providing the
means of offering community feedback.
The City will provide all base information maps and the EDAW team will provide all analysis
maps.
Deliverables: Graphic, PowerPoint Presentation and/or handouts as necessary
Meetings: Public Meeting/Informational Session #4
PHASE 2 — CITY PLAN UPDATES
TASK 1 POLICY RECOMMENDATIONS
Based on planning to date, the EDAW team will identify and outline new policies and
modifications to existing policies that should be considered to support the various strategies to
be pursued for all of the categories contained in the City Plan Goals, Policies, and Strategies.
Subtasks:
Prepare recommendations in an outline format for revisions to existing policies and
preparation of new policies to address issues and directions established for City Plan during
Phase 1 of the City Plan update. It is anticipated that these new policy directions and/or
"course corrections" may include, among others, the following:
- Growth Management Area strategies
- Housing Density/Community Form
- Redeveloping Areas
- Enhanced Transportation Corridors
- Jobs/Housing Balance
- Affordable Housing
• Review policy recommendations with staff technical team and Citizens Advisory Committee.
Deliverables: Recommended changes to Goals, Principles, and Policies (outline format)
Meetings: CAC # 8
GMC — #5
TAC-#12
TASK 2 PREPARE REVISED CITY PLAN GOALS, PRINCIPLES, AND POLICIES
Based on the policy direction established during Task 1, the consultant will prepare draft
revisions to the City Plan Vision, Goals, Principles, and Policies. These will be reviewed with
staff, members of the CAC, and elected and appointed officials and refined as necessary to
develop a set of revised Goals, Principles, and Policies for adoption.
Subtasks:
Refine policy recommendations and draft new/revised Goals, Principles, and Policies as
appropriate to address issues and directions established in Task 1.
Review draft policy revisions with Staff Technical Team, CAC, and Council Growth
Management Committee.
Revise documents as needed to address issues that arise during review and prepare final
Goals, Principles, and Policies for adoption by City Council.
10
Deliverables: Text changes to Goals, Principles, and Policies
Meetings: TAC # 13
CAC #9
Council Working Session #4
TASK 3 CITY STRUCTURE PLAN
The EDAW team will develop a Purpose Statement for the City Structure Plan. We will address
its use in context with the City's Zoning Plan and other plan documents used to guide
development in the City. This Purpose Statement will also be used as a guide to the degree of
detail required for the mapping.
From the Purpose Statement and as a result of planning to date, including questioned policies
and principles, reaffirmation of the vision, and review and inclusion of sub -area plans completed
since City Plan, the EDAW team will review and make modifications to the City Structure Plan
map.
Deliverables: A Purpose Statement for City Structure Plan
One camera-ready/electronic draft and final City Structure Plan Map.
Meetings: GMC # 6 (coinciding with Tasks 2 and 3)
CAC #10
TAC # 14
TASK 4 PUBLIC INVOLVEMENT/PUBLIC MEETING (#5)
The detailed work of reviewing and evaluating policy changes is best accomplished, from a
public involvement perspective, through the Citizen Advisory Committee with updates to the
general public that help interested citizens follow the progression from vision to policy. The City
will provide all base information maps and the EDAW team will provide all analysis maps.
Deliverables: Graphic, PowerPoint Presentation and/or handouts as necessary
Meetings: Public Meeting/Informational Session #5
PHASE 3 — IMPLEMENTATION
TASK 1 REVIEW EXISTING DEVELOPMENT CODES AND PRACTICES
Once the primary revisions to City Plan have been determined, it is likely that amendments to
the City's Development Code will be needed to implement the Plan. Clarion Associates will take
the lead in reviewing the City's regulatory documents and procedures, including the
Development Code, Adequate Public Facility requirements, and Capital Improvements Plans, to
recommend needed revisions to implement the Plan's vision.
Subtasks:
• Review City's Development Code and other regulatory documents.
• Produce a summary "Diagnosis" report in memorandum format that identifies areas that may
need to be changed to reflect City Plan changes.
Deliverables: Development Code Diagnosis Memorandum Report
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TASK 2 DEVELOP CAPITAL IMPROVEMENTS PROGRAM
Based on revisions to the City Plan, the team will develop an updated summary of capital
improvements needed for plan implementation, including estimated project costs, available
funding, and project priorities within available funding. This Capital Improvements Program will
focus on short-term high -priority action items, and will be coordinated with the capital
improvement recommendations coming out of the concurrent Transportation Master Plan effort.
Subtasks:
• Prepare a summary of capital improvements needed to implement the updated City Plan.
• Assign initial priorities to improvements.
• Prepare order -of -magnitude cost estimates for priority improvements.
• Identify existing levels of revenue for capital projects.
• Identify revenue shortfalls and unmet needs.
Deliverables: Draft Capital Improvements Program
Meetings: City Council Work Session #5
TAC # 15
TASK 3 PREPARE IMPLEMENTATION STRATEGY RECOMMENDATIONS
Based upon the consultant's review of the City's regulatory documents completed in Task 1, the
EDAW team will prepare a detailed implementation strategy and Action Plan for City Plan. The
Implementation Action Plan will be in summary report and matrix format.
Subtasks:
Prepare an Implementation Strategy and Action Plan, to include consideration of the
following:
- New or Changed Development Regulations
- Recommendations for revisions to the City's Intergovernmental Agreements
- GMA Policies
- Funding primary services
- Priority CIP needs (from Task 2)
• Review Implementation Strategy with the Staff Technical Team, CAC, and Council Growth
Management Committee and revise as necessary.
Deliverables: One camera-ready/electronic draft and one final Implementation Strategy and
Action Plan
Meetings: CAC # 11
GMC#7
TASK 4 PUBLIC INVOLVEMENT/PUBLIC MEETING (#6)
Close communication with the Citizen Advisory Committee is critical in this phase. At this point
in the process, the expertise gained by the committee members will allow them to provide highly
informed reactions to the implementation strategies.
This is the third and final point at which a survey or focus group can be useful. Survey or focus
group questions can focus on the implementation details including the tradeoffs and priority
12
setting inherent in this phase. Of all of the opportunities to use this type of public involvement
tool, we believe this is the most appropriate. Survey or focus group interview questions should
be as detailed as possible. The time, effort and expense of focus group or survey work make it
a less useful choice for open-ended, visionary questions. Were we to use this kind of technique
in the final phase of the project, we could explore tolerance for tax changes, reaction to specific
ordinance changes and preference among competing capital improvement projects. Ajoint
effort with the transportation planning process is possible in this phase.
As the implementation details emerge, the public should have one final opportunity to react to
the plan draft and offer feedback. Public meetings at this point give members of the public a
forum where they can confirm their support for the plan or explain any remaining concerns.
The final public involvement task in this phase is dissemination of the final plan. Mass
communication can be useful to disseminate information about the plan's core content and
about the fact that the plan is complete.
EDAW assumes that the City will take the lead in preparing for this public meeting and any
presentations.
Deliverables: Graphic, PowerPoint Presentation and/or handouts as necessary
Meetings: Public Meeting/Informational Session # 6
TASK 5 FINAL DOCUMENTATION AND PLAN IMPLEMENTATION
After all meetings, the EDAW team will compile all `Summary Memorandums' into a final City
Plan Update report. EDAW assumes that the transportation consultant, PBS&J, will provide the
transportation chapter and content. EDAW will also assist the City with Council Meetings
necessary to ensure the Plan's adoption.
Deliverables: One camera-ready/electronic draft and one final City Plan Update Plan
Meetings: TAC # 16
City Council Work Session #6
MEETINGS / COORDINATION
The EDAW team assumes that the City staff will take responsibility for the logistics of the public
meetings and the CAC meetings, securing locations, meeting packets, notifications, mailings
and handling room set-up. Given the presence of a public relations consultant for the
transportation project and the goal of a unified transportation and land use project, we expect
that the media relations and advertising connected with CAC and public meetings will be the
primary responsibility of the public relations consultant. We fully expect to participate as a
member of the team, assisting the public relations consultant in their work.
ADDITONAL SERVICES
Most of the time, we are able to manage a project's controversy through the public
involvement methods we intend to employ in this project — public meetings, web
communication, media relations and, most importantly, the CAC meetings. Should the level
of controversy require a higher level of attention to the public involvement effort, we believe
that three things could be required, additional public meetings, longer CAC meetings and
individual contact between the consultant team members of the public. None of these would
require that the deadline change. Additional services would be required for these meeting.
13
• Additional services would be required if the schedule dramatically changes. The current
schedule anticipates completion by November 2003.
Additional services for TAC, CAC and other meetings outside the meetings specified in the
scope.
14
EDAW, Inc.
240 East Mountain Avenue
Fort Collins, CO 80524
City:
Ken Waido
Advance Planning
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
With Copy to:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk
Management
City of Fort Collins
P. O. Box 580
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 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 $500,000.
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 Three Hundred Fifty
Thousand Seven Hundred Eight Dollars ($350,780.00) plus reimbursable direct costs. All such
fees and costs shall not exceed Three Hundred Eighty-eight Thousand Seven Hundred Fifty
Dollars ($388.750.00). The parties acknowledge that Clarion Associates, Economic & Planning
Systems, Resolve, Inc., The Growth Management Institute, Downtown Denver Partnership, and
Sear Brown, are not parties to this agreement. Monthly partial payments based upon the
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EXHIBIT C
Fees and Terms
Fees for the scope of work described in Exhibit A will be provided for the fixed sum of $350,780
with the terms and conditions in the professional services agreement. Expenses and travel are
over and above the base fee.
We estimate the fee breakdown by the following phases:
Percentage
Phase Description of Base Fee Base Fee
Part I Type of Community, GMA Purpose/
Boundary Decisions
Phase 1 Inventory and Analysis 29% $102,620
Public Meeting 1
Phase 2 Determine Type of Community, City Size, 22% $77,360
Purpose and Permanency of the GMA Boundary
Public Meeting 2 & 3
Part II Identified City Plan Update
Other Related Issues
Phase 1 Anal ysis/Recommendations for Updating 12% $40,760
City Plan Components
Public Meeting 4
Phase 2 Policy Development 14% $48,000
Public Meeting 5
Phase 3 Implementation 23% $82,040
Public Meeting 6
TOTAL BASE FEE $350,780
ESTIMATED EXPENSES $ 37,970
TOTAL FEE AND ESTIMATED EXPENSES $388,750
1
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
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 quality, prepared on
stable mylar base material using a non -fading process to prove for long storage and high quality
reproduction.
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.
PSA 05101
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
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.
PSA 05/01
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.
is achCity Man r
Jam B. O'NeA II, CPk Ir MGp
Direct of P rchasing & Risk Management
DATE: b / L 71 0 Z
TEST:
City Clerk
APPROja(E � TOFORM:
AL
Assistant City Attorney
EDAW, INC.
By:
Title: %/, p .
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 6 -25 -0 2.
ATTEST:
(Corporate Seal)
PSA 05101
EXHIBIT A
PART I:
TYPE OF COMMUNITY, GMA PURPOSE/BOUNDARY DECISION (6 MONTHS)
PHASE 1 - INVENTORY AND ANALYSIS
TASK 1 PROJECT START-UP
The EDAW team will coordinate project initiation, data gathering, establishment of a public
outreach program, and development of a comprehensive work program, budget and project
schedule. City staff will preliminarily define the Growth Management Committee (GMC), Staff
Technical Advisory Committee (TAC), Citizen Advisory Committee (CAC), and assist in
gathering information and generating GIS mapping products. A project kick-off meeting will
occur to complete the following subtasks.
Subtasks
• Finalize the detailed work program pertaining to the EDAW team and staff tasks, budget,
and the project schedule.
• Establish document formats, project notebooks, project website, project directory and
reporting requirements. The EDAW team will create a project directory, and will utilize e-
mail as a primary form of communication amongst team members and client contacts.
Facsimile, conference calls and other means of communication will be used to assure the
most efficient planning process. Document and mapping formats will also be established at
this time between team members and with the City of Fort Collins.
• Establish the final Citizen Advisory Committee (CAC). We presume that the committee will
be broadly representative of the community interests and would include growth
management advocates and skeptics, environmentalists, business interests, University
affiliates, young, old, men, women, long-time residents, newcomers, etc. Among the
members should be several that are also serving in an advisory role for the transportation
planning process. These members would have an additional liaison role to play. We
presume there will be a joint CAC committee representing the Transportation and the City
Plan Update
• Discuss mass media, electronic communication and the network of existing community
organizations.
• Discuss project expectations.
• Finalize the comprehensive public outreach and public participation process. The EDAW
team will review and enhance, as appropriate. It is anticipated that the public participation
process will include four public workshops, public lectures, and a series of Citizen Advisory
Committee meetings. This will include the preparation of presentation materials, PowerPoint
presentations and other handout information.
• Obtain any additional background information, including an electronic copy of City Plan.
• As part of this early phase, we propose to announce the plan update, the formation of the
Citizen Advisory Committee and the public involvement framework to the general public.
• Discuss and finalize coordination between the City Plan Update and Transportation Master
Plan.
• Document City Council and Staff Issues.
Deliverables: One camera-ready/electronic final detailed work program, budget, project
schedule, Growth Management Committee roster, and final Citizen Advisory
Committee roster
Meetings: TAC Meeting # 1
TASK 2 INVENTORY AND ANALYSIS
The EDAW team will develop an inventory of information relating to existing plans, studies,
agreements and ordinances. This information will be shared with the Consultant Team selected
for the Transportation Plan. EDAW also assumes all information collected by the Transportation
Consultant will be provided to EDAW. These include, but may not be limited to:
A) The current City Plan.
B) Other Elements of City Plan: Specific Sub -area and Corridor Plans. Examples include the
Historic Old Town Area Plan, the Harmony Corridor Plan, the Campus West Plan, the
Mountain Vista Sub -Area Plan, the 1-25 Sub -Area Plan, the East Mulberry Corridor Plan, the
Mason Street Corridor Plan and several other plans in the Fort Collins Area.
C) Utility/Service Master Plans. Examples include the 1987 Poudre Fire Authority Strategic
Plan, the Box Elder Drainage Study, the Cooper Slough Drainage Study and the Light and
Power Master Plan.
D) Implementation Tools. Examples include the City's Land Use Code, Growth Management
Area Agreement with Larimer County, and the Capital Improvements Program.
E) Other Non -City Plans and Programs. Examples include special purpose districts, Larimer
County PLUS, CSU Master Campus Plan, and the 1992 Poudre R-1 Master Plan.
F) The review should also include new and emerging plans which have been adopted but not
yet implemented so that the policies required for implementation and any associated costs
are included in the analysis such as the Downtown Strategic Plan.
G) The City Council's Themes, Goals and Objectives.
H) Regional Data sets, including comprehensive/land use plans, parks and open space plans,
IGA's and GMA's from surrounding municipalities and counties. These will be entered into a
GIS system to be used during Phase 2.
1) Property ownership and land status (public, private, protected etc.) for lands surrounding the
GMA.
J) Natural resources information including sensitive wildlife habitat, prime farmland, natural
hazards, wetlands and flood plains.
Subtasks:
The City will provide maps and data depicting their existing GIS data. In subsequent tasks,
data overlays/changes will be created in Arc GIS format in keeping with the standards
specified by the City. Anticipated maps are; existing land use, proposed structure plan,
vacant land/under developed land, transportation framework, natural resources, parks and
recreation and open space.
Review, inventory and evaluate existing information, relations to existing public master plans
or private development plans, and context of adjoining areas.
Interview service providers to document their capacity to serve existing and future
development as well as to understand future plans and potential improvement costs. The
EDAW team's project civil engineer will bring their knowledge of existing systems, which will
allow the team to be efficient in the collection of information and the assessment of the
City's future needs.
Review, inventory and evaluate the existing county/municipal services, including fire, police,
school, library, etc. for existing service levels and the possibility of incurring additional
service areas for the City.
Facilitate up to 20 stakeholder interviews with key property owners, business owners,
developers, special interest groups and Regional and City officials. These interviews will
take place during a scheduled two-day stakeholder's session. The stakeholder interviews
will also include market and economic questions in order to understand the community's
attitude toward growth management strategies. Other interviews may be conducted via
phone. Examine the boundaries of the City's Growth Management Area (GMA) and the
intents and purpose of the GMA boundary.
Deliverables: One camera-ready/electronic draft and one final Assessment and Analysis of
Existing Conditions Summary Report and 7 Maps.
Meetings: TAC Meeting # 2 & 3
CAC # 1
TASK 3 GROWTH FORECASTS/REGIONAL OVERVIEW
EDAW team will develop baseline growth forecasts and growth distributions for the Fort Collins
region for the 2002 to 2025 time period. Forecasts will be based on the state demographer's
figures of projected population, household, and employment growth for the Fort Collins MSA
and will provide an accepted baseline of growth as a starting point for the planning process.
Based on the growth and development objectives of the communities in the MSA, the EDAW
team will develop distributions of growth between Fort Collins and the other cities in the MSA
(Larimer County), Greeley, and Windsor. The EDAW team will also refine employment
forecasts to consider growth by major job sector and to evaluate a range of jobs/housing
balance options. The EDAW team will correlate these population forecasts against the GIS-
based land use plans collected in Task 2 to determine discrepancies, refine demographic
numbers and determine potential build -out scenarios. These forecasts will provide major input to
the development of urban form alternatives for the region.
EDAW will develop community and regional population and employment control totals and a
GIS file containing the comprehensive plan land use maps of the City of Fort Collins and any
immediately adjacent communities. EDAW will provide this information to PBSU, the
transportation consultant in charge of the Transportation Master Plan. EDAW assumes that
PBSU will update any TAZ's that need adjustment or enhancement. EDAW will also contact
adjacent communities to determine any other information that would be relevant to growth. One
method that may be used is to attend local mayor roundtables.
Subtasks:
• Evaluate state demographer growth forecasts for MSA level population, households, and
employment for the 2002 to 2025 time period.
• Forecast population and household growth by city for the region.
• Forecast employment growth by sector and by major area (Fort Collins, Loveland and
other).
• Develop jobs/housing balance alternatives.
• Provide a GIS file depicting the future land use from comprehensive plan documents for the
City of Fort Collins and immediately adjacent communities. EDAW will also map other
pertinent information relating to growth that was provided during the meetings with adjacent
communities.
• Attend Mayor's Round Table
Deliverables: One camera-ready/electronic draft and one final Technical Memorandum,
3 Regional Maps -Future Regional Growth, Future Regional Land Use and
Regional Values and Desires
Meetings: TAC # 4
TASK 4 MARKET ANALYSIS
The EDAW team will quantify the demand for selected land uses. The RFP indicated the need
to evaluate residential densities prescribed by the City Plan. Based on the population and
household forecasts, the land area needed to accommodate future multi -family and single-
family housing will be identified. A spectrum of densities will be evaluated; including those
currently identified in the City Plan as well as more conventional single- and multi -family
densities, to determine the appropriate area and locations for future housing development.
Retail demand will be estimated based on population and housing forecasts by location and
expected levels of store growth needed to serve population growth. The existing retail
development pattern will be evaluated to determine the need for and appropriate location of
additional community and regional retail centers.
A regional market framework will be developed to address the City's position related to
emerging trends and opportunities. Employment land use will be addressed with a focus on the
land area needed to accommodate future industrial and office uses The primary focus of the
framework will be on economic development opportunities for the City and their impact on future
revenues.
Subtasks:
• Develop forecast of single-family and multi -family housing needs based on demographic
projections.
• Based on market research, provide land area estimates required to meet future demand for
residential, retail, and employment land uses under various density alternatives.
• Review available data related to existing retail uses by type and location and estimate retail
sales levels by location from City sales tax data.
• Determine need for and appropriate location of additional retail.
• Evaluate regional market trends and assess the City's ability to accommodate new
development.
• Compare existing City Plan land uses to market demand
Deliverables: One camera-ready/electronic draft and one final Technical Memorandum —
Market Analysis
Meetings: TAC # 5
CAC # 2
TASK 5 OPPORTUNITIES AND CONSTRAINTS
After Tasks 2 through 4 have been completed in draft form, the EDAW team will compile an
Opportunities and Constraints map. With the background information collected and analyzed
and existing conditions reviewed, we will develop a summary memorandum and map that
translates the physical and market findings into physical and policy opportunities and constraints
such as:
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