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HomeMy WebLinkAboutRFP - 7303 EAST & WEST SIDE NEIGHBORHOODS CHARACTER STUDY FOR CITY OF FCF6rt Collins ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 tcgo v. com/purchasing Description of RFP 7303: East & West Side Neighborhoods Character Study OPENING DATE: 3:00 PM (Our Clock) November 18, 2011 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: QUESTIONS/ANSWERS: 1. Do you have a budget in mind? No, the budget has not been defined. Consultants are asked to propose an approach with corresponding costs. 2. Do you have a particular public process in mind? Pages 8-10 of the RFP capture the internal discussion regarding an approach to the public process. However, consultants are invited to propose any other ideas they may have in this regard. 3. Have you done any peer cities review? Yes, particularly regarding zoning regulations and design standards and guidelines that other cities have in place. We have done less review of processes and approaches for defining and addressing neighborhood character holistically. 4. Can you give a sense of the staff and consultants' roles in the public process, in rough percentages? The spirit of discussions about this is that it will probably be somewhere around 50-50, with staff managing and consultants providing technical support, expertise, and production of graphics and other documentation. 5. If there are Land Use Code changes, do you see the consultants preparing those? Addendum 1 — 7303 East & West Side Neighborhoods Character Study Page 1 of 4 • Create a shared vocabulary among various stakeholders, using both words and images to articulate the characteristics, and to articulate appropriate types of change, and appropriate limits on change, such as use of a visual preference survey approach. ■ Conduct a community involvement process for residents and other stakeholders to evaluate which characteristics warrant new solutions to help retain and enhance them. Conduct the process to include statistically valid or data -driven findings. ■ Continue the community involvement process to derive solutions from the desires of residents, the Planning and Zoning Board, and the Landmark Preservation Commission, resulting in buy -in and informed consent. This community based support will ultimately benefit consideration ■ Include necessary funding or staffing resources in any solutions. • Include testing and monitoring of any actions to evaluate objective results for effectiveness and consequences. The City of Fort Collins Advance Planning Department will manage the project, with strong support from other key staff representing Community Development & Neighborhood Services, and the City Manager's Office. A Project Management Team will help guide the project. There will be an extensive public outreach process involving neighborhood residents, focus groups, citizens at -large, Boards and Commissions, City Council and other private sector stakeholders. RFP 7303 East & West Side Neighborhoods Character Study Page 5 of 25 No Text Scope of Work Considerations City staff will be primarily responsible for the overall project management, data collection, study preparation and public outreach process. The consultant is expected to serve as a technical advisor to staff by providing input and direction on key work program items. A draft scope of work for the overall project has been prepared to help guide the discussions (see below). Note that this scope of work includes tasks that will be performed by staff and consultant, and is not meant to be a document that defines only the tasks the consultant is expected to perform. The specific "division of labor' between staff and consultant will be determined through negotiation with the successful consultant based on how the consultant's qualifications and experience fit into the needs of the project. City staff anticipates that the bulk of consultant support will be needed to review background information, analyze key design issues and help define character areas, survey development and support, and to provide information towards the development of implementation options. In its proposal, the consultant is encouraged to propose new approaches to complete this study, and to define its role in the preparation of the study. The consultant should also identify and emphasize those areas where its qualifications and expertise would most benefit this project. Some suggested areas for consultant research, participation, and reporting are as follows: • Advice on data collection, methodology and analysis. • Assist staff in key data collection and analysis • Identify best character assessment practices from other cities • Develop neighborhood satisfaction survey; visual preference survey and report/analysis findings • Provide graphic support for design options, illustrations etc. • Provide technical review and comment on draft options and recommendations • Participation in key project management team meetings (4), public meetings (2), focus group meetings (6), and City Council Work Sessions (2). Anticipated total number of meetings will be 10-12, although more or less may be requested depending on project needs. The planning effort must be completed by December 2012 or sooner if possible. Scope of Work Purpose of Study Retain and enhance the unique character and context of the neighborhoods as they continue to change with renovations, additions, and new housing construction, with a well supported and effective public process resulting in appropriate and mutually agreeable solutions. Note: The following Scope of Work is a preliminary list of tasks based on initial Project Management Team meetings and project scoping. It is anticipated that some tasks will be changed based on further discussions with selected consultant team, and potentially affected interests. RFP 7303 East & West Side Neighborhoods Character Study Page 7 of 25 II. Scope of Work Phase I — Define Direction and Scope (May -October 2011) Tasks: 1. Gather background information from 2010 Study (staff). 2. Identify staff team. 3. Identify Council Ad Hoc Committee (staff and two Council members). 4. Confirm goal, issues, context, and list of objectives (Ad Hoc Committee). 6. Confirm scope of work, and schedule (staff). 7. Confirm consultant proposed budget: (Source — City Plan Implementation). 8. Identify an appropriate and effective public involvement process considering such techniques as: • City Council work session(s). ■ Planning and Zoning Board involvement. ■ Landmark Preservation Commission involvement. • Zoning Board of Appeals ■ Survey or questionnaire instruments. ■ Tours. ■ Neighborhood focus group meetings for relevant neighborhood areas. ■ Public open house(s). • Online public engagement. Phase I Deliverables: (Staff) ■ Study Outline ■ Draft Scope of Work • Preliminary study schedule Phase I Community Engagement Process: 1. Council Ad Hoc Committee meetings (June, July, September, October 2011) 2. Memo update to Council — Study Outline (November) 2. No public meetings during Phase I Phase II — Identify and Evaluate Characteristics and Alternatives (November 2011—July 2012) Tasks: 1. Collect data on existing policies, regulations, review procedures, housing development trends etc. (staff). 2. Research how other communities have addressed similar issues (consultants/staff). 3. Go to neighbors to obtain upfront feedback: • Identify a targeted, data -driven public involvement process to evaluate the importance of various defining characteristics and identify those that warrant new solutions for their retention and enhancement (staff/consultants). RFP 7303 East & West Side Neighborhoods Character Study Page 8 of 25 Develop a statistically valid questionnaire — entire core area to identify issues, values, social aspects, defining character, levels of change they could live with etc. (consultants). Conduct informal. discussions with neighbors to ask similar questions (staff/CSU students). Online/social network forums (staff). 4.. Based on neighborhood feedback from task three above, identify appropriate strategies and process to define characteristics and achieve neighborhood compatibility, making any needed adjustments to task options listed below to move forward with (staff/consultants). • Identify and convene neighborhood focus group meetings by area (staff/consultants). ■ The neighborhood focus groups representing areas within the Eastside and Westside neighborhoods (Core Area) will be formed to provide input to the project team and act as a key component of public input in'identifying neighborhood issues, characteristics of neighborhoods they like and don't like, and levels of change they can potentially support. These groups by nature will provide a sounding board for potential policy ideas. Staff will request volunteers from the affected neighborhoods to participate on their neighborhood area group. • Identify and understand different character areas of neighborhoods. Build a useful base of data on characteristics including physical, economic, and social/attitudinal factors to inform a whole system dynamics perspective (staff/consultants). ■ Define and understand a complete range of characteristics of the neighborhoods, as a basis for solutions to achieve the goal (staff/consultants). ■ Examples of characteristics include both physical facts and measurements, and dynamic aspects, such as the history and role of change, likely future changes, value and importance to the city, cycles and transitions in the role of the neighborhoods as part of the city's housing stock, market cycles and factors, and attitudes. ■ Use data to define the characteristics of the neighborhoods (staff/consultants). ■ During the focus group meetings, conduct a visual preference survey to create a shared vocabulary among various stakeholders, using both words and images to articulate the characteristics, and to articulate appropriate types of change, and appropriate limits on change (staff/consultants). 5 Obtain feedback from other focus groups such as builders, developers, realtors, Chamber of Commerce (staff). 6. Conduct a public open house to get input from larger audience to further define neighborhood character (staff). 7. Update Boards and Commissions (staff). 8. Identify and evaluate the range of possible solutions for retaining and enhancing the character and context of different areas within the neighborhoods (staff and consultants). 9. City Council Work Session update (staff/consultants). RFP 7303 East & West Side Neighborhoods Character Study Page 9 of 25 Phase II Deliverables: ■ Assessment of other communities solutions similar to Fort Collins technical report (consultants) ■ Background data on neighborhood characteristics (staff/consultants) • Focus Group findings (consultants) ■ Visual preference survey results (consultants) • Data on range of neighborhood characteristics (consultants) ■ Summary of potential options and solutions (staff/consultants) Phase II Community Engagement Process: 1. Initial neighborhood feedback on issues, defining characteristics, values etc. 2. Neighborhood surveys (statistically valid questionnaire/follow up visual preference survey). 3. Neighborhood focus group Meetings (February — March 2012). 4. Updates and feedback from the Landmark Preservation Commission, Zoning Board of Review, and the Planning and Zoning Board (April — July). 5. Public Open House Meeting (May 2012) 6. City Council work session (June 12, 2012) 7. Continuous information and opportunities for public input will be provided, including mailings, an online forum, newspaper notices and articles. 8. Summarize public feedback and post for review online (July) Phase III — Recommendations (September —December 2012) Tasks: Develop recommendations for preferred solutions (staff/consultants). ■ Examples of different types of solutions to consider include Code regulations, education and design assistance, incentives, design guidelines, development review process improvements, neighborhood associations, and other solutions that may emerge. Solutions should be tailored to different parts of the neighborhoods with distinct defining characteristics as appropriate. 2. Draft and illustrate supporting materials (staff/consultants). 3. Identify resources needed for implementation, action plan and schedule (staff). Phase III Deliverables: ■ Summary Report on recommendations (consultants) ■ Findings from Neighborhood focus Groups and public Open houses (consultants) ■ Summary of recommendations from Boards and Commissions (staff) Phase III Community Engagement Process: 1. Boards and Commissions updates (as needed) 2. Public Open House Meeting (August 2012) 3. City Council work session (September 11, 2012) RFP 7303 East & West Side Neighborhoods Character Study Page 10 of 25 4. Recommendations will be reviewed by boards and commissions, such as the Zoning Board of Appeals, Landmark Preservation Commission, and the Planning and Zoning Board (September/October 2012) 5. City Council considers adoption of implementation recommendations (November or December 2012). Submittal Requirements • The City's intent is to choose the most qualified firm based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed. Of prime importance is the firm's flexibility in responding to services as requested by City staff during the planning process. • The final scope of services will identify a project schedule, tasks, deliverables, and expected expenditures by task. The scope will also indicate respective responsibilities of the consulting firm and City staff. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach and tasks. Describe the anticipated interaction with the City and the public. Provide an outline of your anticipated schedule for completing consultant tasks. 2. Deliverables - Provide a list and description of expected deliverables, tools, or other items that you will use to provide services and outcomes of your approach. 3. Qualifications and Experience - Provide relevant information regarding previous experience related to developing a neighborhood design character study: • Names and location of similar projects. • Name, address, and phone number of public agency reference(s) overseeing the planning effort. • Samples (preferably three via a web link or "pdf' files) of work products for similar studies. 4. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A resume for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The resumes shall include at least three references from previous assignments. 5. Organization Chart/Proposed Proiect Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 6. Availability — Describe the availability of project personnel to participate in this project in the context of the consultant firm's other commitments. 7. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. RFP 7303 East & West Side Neighborhoods Character Study Page 11 of 25 8. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the section "Scope of Work Considerations' or for tasks that are recommended as part of this planning effort. 9. Budget - Provide a proposed budget for the project that shows effort by task and personnel, which include rates. The budget should clearly show time required for meetings and project management. It is expected that this project will be a collaborative effort with City. City staff will be working closely with the successful respondent on all aspects of the study and in some cases leading elements of the study. Within your response please include how you would work with City staff to conduct the study in an effort to save costs wherever possible. A maximum number of 12 double sided pages are allowed for this proposal. In addition (but not instead), the proposal can be submitted in electronic format as a PDF on a CD or DVD. Electronic and hard copy materials will be prepared using City -approved software platforms such as Microsoft Office and ArcView. The consultant will be expected to coordinate closely with City of Fort Collins GIS and other technical staff. The City will receive both hard copy and electronic versions of all plan -related materials. All materials, documents, notes, analyses and related information prepared by the consultant while under contract must be delivered to the City at the end for the project, and will become the property of the City, and may not be released. or publicized without permission from the City of Fort Collins. RFP 7303 East & West Side Neighborhoods Character Study Page 12 of 25 Vendor Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER'S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: BACKUP: Compensation and Contract Process EMERGENCY: After contract award, progress invoices shall be billed in quarterly installments, subject to review and approval by the City's Project Manager. City payment terms will be Net 30 Days from receipt of invoice. 2. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. 3. The selected Contractor shall be expected to sign the City's standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). RFP 7303 East & West Side Neighborhoods Character Study Page 13 of 25 Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional 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 Does the proposal show an understanding of the 2.0 Scope of Proposal project objective, methodology to be used and results that are desired from the project? Do the persons who will be working on the project 2.0 Assigned Personnel have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Can the work be completed in the necessary time? Can the target start and completion dates be met? 1.0 Availability 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? Do the proposed cost and work hours compare 2.0 Cost and Work favorably with the Project Manager's estimate? Are Hours the work hours presented reasonable for the effort required in each project task or phase? Does the firm have the support capabilities the 2.0 Firm Capability assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7303 East & West Side Neighborhoods Character Study Page 14 of 25 No. Some minor support may be warranted, but this is something staff anticipates being able to do. 6. Do you see this as a high profile, branded effort? Yes, within the neighborhoods. T. Do you see the consultants or City staff creating and managing this outreach, branding, web presence and overall communications? The intent is for the City to use its communications and public involvement resources to manage the process, with consultant input. However, if consultants have ideas for how this should best be done, and those ideas exceed the City's capacity, that can be addressed in the determination of approach, methods, scope, and budget with the consultant. S. What is the anticipated role of a landscape architect on the consultant team and scope of graphics to be contracted out? In defining, characteristics of neighborhoods, staff anticipates graphic support will be important. This may include a combination of compiling inventory of photos and illustrations used for survey development, portraying change over time, and communicating findings. While staff can provide most of the inventory of photos, additional examples from other communities may be helpful. Any graphic illustrations will be provided by consultants. This task may include illustrating upfront characteristics and dynamics of change, capturing neighborhood ideas and portraying recommendations. 9. Clarify the expertise needed and roles for consultant team? The selected consultant team should have documented expertise in neighborhood planning involving character studies, data assessment and analysis for study area and best practices of similar communities, survey development, graphic design support, policy and regulatory development, and effective community engagement. 10. What is the extent of design support for the Phase III deliverables? Graphic support is expected to be apart of any recommendations for preferred solutions. The RFP mentions a few types of solutions such as design guidelines, and Code regulations. The extent of recommendations to be presented to City Council for consideration with this Study, and what is identified for follow up implementation actions can be negotiated with the selected consultant team. A previous question and response clarified role of consultants for preparing potential Land Use Code amendments. 11. In contracting with consultants in the past, is the City looking for a new perspective and interested in seeking different consultants? Addendum 1 — 7303 East & West Side Neighborhoods Character Study Page 2 of 4 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? Was the Professional responsive to client Completeness 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 If a study, did it meet the Scope of Work? PLEASE GO TO www.fcqov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 906-07 Architect Services, Professional 906-10 Buildings -Architectural Design 906-48 Historical Preservation 918-12 Analytical Studies and Surveys (Consulting) 918-15 Architectural Consulting 918-63 Housing Consulting 918-92 Urban Planning Consulting 918-98 Urban Planning Consulting RFP 7303 East & West Side Neighborhoods Character Study Page 15 of 25 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 , 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 , 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, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 200 and shall continue in full force and effect until , 200 , 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 Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, RFP 7303 East & West Side Neighborhoods Character Study Page 16 of 25 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: Professional: City: With Copy to: City of Fort Collins City of Fort Collins , Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 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, 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 $ Optional: according to the Insurance Requirements attached hereto as Exhibit " ", consisting of one (1) page. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of RFP 7303 East & West Side Neighborhoods Character Study Page 17 of 25 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. [Optional] Insert Subcontractor Clause 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. 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. RFP 7303 East & West Side Neighborhoods Character Study Page 18 of 25 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, 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 City in an 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, RFP 7303 East & West Side Neighborhoods Character Study Page 19 of 25 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. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: RFP 7303 East & West Side Neighborhoods Character Study Page 20 of 25 a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform .work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e.' Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. I RFP 7303 East & West Side Neighborhoods Character Study Page 21 of 25 f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. 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. RFP 7303 East & West Side Neighborhoods Character Study Page 22 of 25 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] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) RFP 7303 East & West Side Neighborhoods Character Study Page 23 of 25 INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractors insurance. RFP 7303 East & West Side Neighborhoods Character Study Page 24 of 25 No. We are interested in obtaining the best team representing expertise in this kind of work. 12. What was the controversy in the 2010 Study? Staff presented five implementation options to City Council on January 4, 2011. One of those options, house size standards, was approved on second reading on February 1, 2011 as part of Ordinance 003, 2011. On April 19, 2011 Council was presented with a referendum petition, seeking to repeal the Ordinance. Council accepted the repeal and directed staff at a later work session to initiate a more in depth study on defining neighborhood character. Interests representing the repeal were concerned the recommendations for Code amendments were going too far from a regulatory standpoint and desired more flexibility for review of new home construction and remodeling within these areas. 13. In learning from the previous 2010 Study process and outcome, what new approach would be best to pursue to maximize support for recommendations? The previous Study targeted all of the potentially affected interests and utilized a steering committee. This committee comprised of divergent interests from neighbors to builders, developers and realtors often times reached disagreement. As outlined in the RFP, alternatives to this participation technique are suggested such as neighborhood focus groups, surveys and continuous feedback from Boards and Commissions and City Council. Staff is looking for the consultant team to recommend as part of the scope of work preferred community engagement practices that will maximize neighborhood support throughout public process. 14. Explain the extent of potentially developing a statistically valid survey? In an effort to gain input from neighborhoods several tools are mentioned such as small focus groups, survey questionnaire, and visual preference survey. If a questionnaire is used staff anticipates this technique will be administered within the study area, not citywide. It will also need to be statistically valid in the way it is administered. 15. Are residents within the affected neighborhoods aware of this new process after the 2010 study was completed? Probably not a lot at this point. Neighbors following the previous'study are aware this effort will be happening but nothing has hit the streets since May 2011. While background information is available on the Advance Planning web page, no public announcements have been made. 16. Do consultants have some leeway in suggesting new approaches for this study and expectations for staff and consultants? Yes. The RFP specifically asks for new ideas and approaches for developing supportable options and solutions from the process. Further clarifying roles and responsibilities between staff and consultants should be part of any proposal. Addendum 1 - 7303 East & West Side Neighborhoods Character Study Page 3 of 4 [Optional] EXHIBIT it " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate .to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 7303 East & West Side Neighborhoods Character Study Page 25 of 25 Please contact Ed Bonnette, CPPB, CPM, Buyer, Buyer at (970) 416-2247 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 1 — 7303 East & West Side Neighborhoods Character Study Page 4 of 4 City of Fort Collins Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221, 6707 fcgov.com/Purchas/*ng Description of RFP 7303: East & West Side Neighborhoods Character Study OPENING DATE: 3:00 PM (Our Clock) November 18, 2011 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: Exhibit 1 — The call -in pre -bid conference on Monday, November 7, 2011 is CANCELED. Questions concerning the scope of the project should be directed to Project Manager Pete Wray, Advance Planning (970) 221-6754 or pwray@fcgov.com . Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, C.P.M., Buyer (970) 416-2247 or ebonnette@fcgov.com . Please contact Ed Bonnette, CPPB, CPM, Buyer, Buyer at (970) 416-2247 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 1 — 7303 East & West Side Neighborhoods Character Study Page 1 of 1 CIi-"r O� Financial Services l Purchasing Division 215 N. Mason St. 2"" Floor Fort Collins PO Box 580 Fort Collins, CO 80522 970.221.6775 Purchasin g 970.22 (cgov.corn1pum/purchasing REQUEST FOR PROPOSAL 7303 East & West Side Neighborhoods Character Study for City of Fort Collins The City of Fort Collins is requesting proposals from qualified firms to submit a proposal on the City's preparation of an East & West Side Neighborhoods Character Study. Written proposals, five (5), 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), November 18, 2011 and identified as Proposal No. 7303. 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, CO 80522-0580. A call -in pre -bid conference call will be held on Monday November 7, 2011 at 10:30 a.m. our time. Dial in from your phone: (970) 416-2300 — Conference ID: 8551. Questions concerning the scope of the project should be directed to Project Manager Pete Wray, Advance Planning (970) 221-6754 or pwray(@fcgov.com . Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, C.P.M., Buyer (970) 416-2247 or ebonnette@fcgov.com . A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, www.fcaov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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 RFP 7303 East & West Side Neighborhoods Character Study Page 1 of 25 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 RFP 7303 East & West Side Neighborhoods Character Study Page 2 of 25 REQUEST FOR PROPOSAL 7303 East & West Side Neighborhoods Character Study for City of Fort Collins Introduction The City of Fort Collins is seeking a qualified firm to assist in the preparation of the East & West Side Neighborhoods Character Study (Study) for the Downtown area of Fort Collins. A qualified consultant will be chosen to assist on an as -needed basis in technical aspects of study preparation, including but not limited to analysis, peer city review, survey development, characterization assessment, support for public engagement, and identification of options and final recommendations. The winning consultant will be chosen for this project based on the firm's qualifications, experience, availability, and demonstrated history of successfully completed projects that are similar in scope, outcome and recommendations to the requirements of the City of Fort Collins. Background/Overview: The Study represents a follow-up to the previous design standards study conducted in 2010. At the May 24, 2011 Council Work Session, staff received direction to continue the discussion and approach with a new process to take a broader and deeper look at compatibility issues in renovation, infill, and redevelopment projects in the core area neighborhoods near downtown. There are three main spheres or arenas of inquiry that need to be explored. First, what are the attributes that define neighborhood character and context? Second, which of those attributes warrant new solutions, to retain and enhance the positive aspects of the character and context? And third, what tools and systems are appropriate as solutions to retain and enhance the character and context, as change occurs over time? Initial steps in this reset study process are paramount in establishing a foundation for the study. They include clearly defining the goal and understanding the issues and context, and then putting together a targeted community engagement process to obtain effective participation from diverse stakeholders. A key expectation is that any regulations or other solutions will be based on thorough understanding of neighborhood characteristics, including physical facts and dynamic aspects such as past and future changes, value and importance to the city, cycles and transitions in the role of the neighborhoods, attitudes, market factors, and social aspects, all supported by data. Another key expectation is that the understanding of the neighborhoods, and any solutions, will be tailored to different parts of the neighborhoods, rather than being "one size fits all" for whole zoning districts. Issues and Context ■ The overarching, general issue is the need to find ways to support the goal of neighborhood compatibility with positive solutions that make it easier for owners, designers, and builders to design and build projects that fit the goal, without creating new obstacles for the majority of projects that fit well within the neighborhood character and context. RFP 7303 East & West Side Neighborhoods Character Study Page 3 of 25 • The search for such solutions is challenging because the goal typically involves limits, parameters, or regulations which are typically perceived by some as obstacles to design and construction projects. ■ Part of the context that creates specific issues is the current zoning, with its development standards, in the Land Use Code. For example: ■ Land Use Code standards implement adopted neighborhood conservation and compatibility policies to only a rudimentary degree. • Some citizens have concerns that current regulations allow infill and redevelopment projects to introduce inappropriate, incompatible change that negatively affects existing residents and the unique character and context of different parts of the neighborhoods: • These citizen concerns are more numerous and detailed than the topics currently addressed in Land Use Code requirements. Examples of these concerns are: size of new construction, placement of building mass on the lot, shading, loss of privacy, diminished affordability, lost role of existing small houses in the social fabric, disruption of established patterns of houses, windows, and yards, and loss of historic character, all of which can significantly change the "feel" of certain neighborhood areas. These concerns are interrelated as aspects of the overall design of infill and redevelopment. ■ Another part of the context that creates specific issues is the potential for unintended consequences of any new zoning regulations or other limits, on construction activity. For example: ■ Some citizens have concerns that increasing requirements or limits for infill and redevelopment projects could hinder reinvestment in lots that have outdated houses, resulting in loss of revitalization that comes with reinvestment in renovation and larger new construction. ■ These citizen concerns reflect a basic viewpoint that eclectic variety and change over time are primary defining characteristics of the neighborhoods; that the degree of change currently allowed is acceptable; and that this change includes benefits that offset the negative impacts of change. • These concerns also reflect a viewpoint that individual housing consumers, builders, and designers should determine the size and design of renovations, additions, and new houses, to best meet consumers' needs and desires, with minimal or no additional public interference. Objectives • Define and understand a complete range of characteristics of the neighborhoods, as a basis for solutions to achieve the goal. Examples of characteristics include both physical facts and measurements, and dynamic aspects, such as the history and role of change, likely future changes, value and importance to the city, cycles and transitions in the role of the neighborhoods as part of the city's housing stock, market cycles and factors, and attitudes. • Use data to define the characteristics of the neighborhoods. RFP 7303 East & West Side Neighborhoods Character Study Page 4 of 25