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HomeMy WebLinkAbout124699 WINTER & COMPANY - CONTRACT - RFP - 7352 MIDTOWN URBAN DESIGN PLANPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Winter & Company, 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: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Contract Period. 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 March 30, 2013. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. 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: Professional: City: With Copy to: Winter & Company City of Fort Collins City of Fort Collins , Purchasing Attn: Nore Winter Attn: Megan Bolin PO Box 580 1265 Yellow Pine Avenue PO Box 580 Fort Collins, CO 80522 Boulder, CO 80304 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 Meetings: Stakeholder Interviews Team and staff meeting to review what the consultants learned and to set the stage for Phase II Phase II — Develop IdentityNision, Alternative Design Concepts and Design Schematics Task 1 — Identify District Identity/ Vision and Develop Design Concepts The consultants will conduct a community workshop to develop a design framework, identify potential districts along the corridor, and develop preliminary design concepts for several catalyst/opportunity sites. The consultants will then refine the ideas from the community workshop in a team design charrette, staff is invited to join this session. This session will build upon past planning efforts along the corridor. Staff will provide background materials (maps and diagrams) to help inform this session. Format: Evening Community Workshop to develop vision. Afternoon team design charrette to refine vision. Deliverables: District Design Framework, 2-4 refined design concept alternatives: including conceptual plans, sketches and photo imagery to illustrate the vision. Meetings: Community Workshop 1 (Entire Team) Team Design Charrette Task 2 — Develop Schematic Design Alternatives (Community) The consultants will work with the community and stakeholders in an Open House Setting where the consultants will present the district identity/vision and refined design concept alternatives developed in Task 1. With the community and stakeholders the consultants will develop schematic designs alternatives. The following urban design elements will be addressed: • Streetscape Enhancements • Landscape Improvements • Sidewalk Enhancements • East/West Pedestrian Connections • Safety Features • Multi -Modal 'Complete Street' Elements • Opportunities for Public Art, Signage & Wayfinding • Architectural Character • Locations of Potential Parking Structures - Using land use data and published national ratios, forecast how much additional parking demand might be expected if current land uses were 1) generating activity at the national rate, and 2) not engaged in the practice of shared parking. - Compare the forecast with available parking supply and existing parking demand. - End result is a range of parking space needs for each re -developed block incorporated into the site design. Deliverables: 2-4 schematic design alternatives that will include urban design features. Preliminary cost estimates will be developed in this Task. Public Open House Summary Report. Meetings: Conduct Public Open House Staff Debrief Phase III — Recommendations Task 1 — Craft the Plan The team will craft the Mid Town Urban Design Action Plan. This will include materials from Phase 1 and 2. Deliverable: Midtown Urban Design Plan. This document will be approximately 40 pages in length. It will be comprised of base maps, diagrams and written text. Meetings: Review Draft Midtown Urban Design Plan with Staff and edit per comments Present Final Plan to the Community Staff Debrief The Midtown Urban Design Plan will address the following components: Land use In response to the design framework consultant will make recommendations for key land use categories. The consultants also will identify key transition areas between neighboring uses and identify mechanisms to resolve conflicts or enhance connectivity. As a supplement to this map, consultant will also identify 2-4 opportunity sites that may accommodate mixed use, live -work, housing and retail project types. For this exercise special consideration will be given to underutilized/catalyst sites and identified TOD sites. Parking Based on the framework data collected and analyzed, the plan will provide a strategic approach to the implementation of structured and/or shared parking to support designated activity nodes. Key to the strategy is providing sufficient parking in early stages of revitalization that allows for adequate density up front, and leaving room for further increasing density over time. Design of parking structures will also be articulated by the plan. Finally, the plan will consider the location of parking facilities and their impact on traffic on neighborhood streets, with encouragement for abutting neighborhood residents to walk the corridor and make use of its services and/or bus rapid transit stations. Neighborhood Edges The consultants will identify sensitive edges that should be protected and suggest strategies for refining transitional zones that frame downtown. These will be addressed in the zoning regulations and design guidelines. Sustainabilty The plan should help to achieve sustainability in three ways: Environmental, Economic and Cultural. Adaptive reuse concepts and infill opportunity site studies will highlight ways to increase density and efficient use of land, promote reuse of existing resources and incorporate green technologies in compatible ways. The consultants will explore and pursue innovative economic development solutions to maximize the neighborhood's economic opportunities. Cultural sustainability will promote the neighborhoods and enhance quality of life for residents. Housing The consultants will identify housing opportunities and describe preferred features for residential infill along the corridor. The consultants will use photo analogies to show appropriate housing projects that reflect the vision for the corridor and demonstrate high quality design. Mixed -use and high density housing projects will be integrated into several of the opportunity site concepts to demonstrate the goals, objectives and recommendations of the plan. Action Plan The plan will include a strategic component focused on action. It will do so in a way that is easy to use for long and short term work assignments. This plan element will include: ■ Summary of plan actions • Timeline for execution of individual actions • Assignments for partners • Funding strategies • Preliminary cost estimates for public improvements Task 2 — Develop Regulatory Tools Consultant will develop a strategy to address the regulatory tools. They will address the special characteristics of the Midtown Area. They may include design standards and/or guidelines. The consultants will address the following during the development of standards/guidelines for the Midtown Corridor: Design Guidelines Concise design guidelines will be developed for key opportunity sites. These will help achieve the vision for the area. They will expand on the design principles set forth in the framework plan component of the work effort. The guidelines will illustrate principles for compatible new construction. They will address: • Neighborhood transitions • Street edge • Architectural character • Site design Zoninq The consultants shall recommend which plan concepts should be codified. The consultant will provide up to 4-6 form -based models from stock materials. Staff will be responsible for integrating these into the Land Use Code. These will be designed to work in concert with the design review guidelines. They will address: • Land/zoning/uses • Bulk/dimensional recommendations Deliverable: 1) Regulatory Tools Strategy Report. This document will be approximately 2-4 pages in length. 2)Design Guidelines. This document will be approximately 20 pages in length and will include opportunity sites from the Midtown Urban Design Action Plan and photo images. 3) Form -Based Standards. The consultant will provide 4-6 form - based models from stock materials to reflect bulk/dimensional recommendations. Meeting: Meeting with staff to review regulatory tools O7At PMse I faun 22 36 SO 6 /! 30 6 6 36 36 M 12 2 3 36 TOTAL Prase I fees 4,620 3,960 3,lW 1,260 5,260 3,300 1,10C 1,050 4,930 5,160 5,500 1,200 310 S20 3.060 II � Menlily/ 4nrm.xia [muePts6 nlnl r•Ivsxu Haw. 30 36 76 2 62 32 6 S6 22 10 17 3 7 23 it ilnl Phase 11 Fa 4,9W 6,160 6,290 320 6.820 3,520 1,200 9,660 3,190 1,600 3,315 300 455 2,010 Tasks - Personnel - Rates - Fees I'M.e ni - NrmmmenAaunm TOTAL Phase Nl Noun 101 AL Phase II If e a0®-®--_---_---_ O-S-®�-----_-_- Be S 9,570 lla S 12.980 110 S 11,SS0 4 5 600 SO S 5,500 26 S 2."0 0 5 16 S 2.800 4 S S80 30 5 1,600 1/ S 1.150 9 5 B00 2 5 310 2 S 2S0 4 S 260 14 S U60 one Sub WW, I ,0 1n, 1 11 " 1 1 '.l btT .. .. 5 9 <9S lt PlNSkS lump Sum 52.60 EXHIBIT C 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. 3 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Protect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's 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 $1,000,000. 6. Compensation. 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 Exhibit B consisting of two (2) pages and incorporated herein by this reference. The maximum compensation (for both Professional's time and reimbursable direct costs) is not to exceed One Hundred Forty -Five Thousand Eight Hundred Twenty Dollars ($145,820). 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. The parties acknowledge that the sub -contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "B" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: 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. 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. 15. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. ATTE z /« City Cle Assi THE CITY OF FORT COLLINS, COLORADO By nn Jam s B. O'Neill II, CPPO, FNIGP Dir for of Purchasing & Risk Management TE: (e-- O�ORT cC f SLA ). Ff l/ ..:; .... WINTER & COMPANY �IBy: • Title: Prt f, Gi mow. L CORPORATE PRE (DENT OR VICE PRESIDENT Date: 5' I ATTEST: / ) C (1)o t &C64 (Corporate Seal) Corporate Secretary EXHIBIT A - SCOPE OF WORK General • The consultant will participate on an as -needed basis in one hour bi-weekly staff project management team meetings by phone. • City staff will be responsible for planning the logistics of public meetings (publicizing, scheduling and reserving space) and the consultants will take the lead in terms of facilitating these events. • City staff will be responsible for periodic updates of City Boards and Commissions using a meeting kit provided by the consultant. ■ City staff will be provided the opportunity to sign -off and confirm when tasks/phases of the project are completed. . • City staff will be responsible for printing map materials for workshops. The City will also provide GIS mapping materials converted to dwg files. The maps will be current and will include building footprints, pedestrian paths/trails, waterways, Mason Corridor Improvements, curb lines, parcel lines, sidewalks, etc. Phase I — Existing Conditions Analysis Task 1 — Review Past Planning and Development Efforts The team will review past plans, studies and research documents that pertain to the corridor. The consultants will then meet with staff to clarify past planning and development efforts, including successes, failures and lessons learned. Staff will highlight key components of the planning documents, especially relevant to the Midtown Urban Design Plan. Document Review (Entire Team) The following documents will be reviewed and summarized: • Mason Corridor Master Plan (Britina/Winter/Shears/Centro) • Midtown Existing Conditions Survey (Britina/Winter/Shears) • Midtown Redevelopment Study (Britina/Winter/Shears) US 287 Access Plan (FHU) • 2011 Transportation Master Plan (FHU/Alta) • 2011 City Plan (Britina/Winter/Shears) • Mason Corridor Economic Analysis Report (Centro) • South College Corridor Plan • Streetscape Standards • LUC and TOD language Deliverable: Project Summary Sheet. This will be distributed at all public meetings. This sheet will acknowledge previous planning documents, the project schedule, study area and who to contact for questions. Meetings: Staff and Team Meeting to Discuss Past Planning Efforts Task 2 — Document Existing Conditions The team will inventory and analyze existing conditions within the project area. Analysis of Physical Conditions (Entire Team) The following elements will be analyzed and documented: 0 Urban Design Features (Britina) • Parking Issues (FHU) o Record number of occupied and available parking spaces, and gather data on the developed square footage on most vibrant blocks in the study area. ■ Zoning and Land Use (Winter) • Transportation/Traffic (FHU/Alta) • Real Estate Market Conditions (Centro) • Regional Context (Winter) • Signage/Wayfinding (Britina) • Existing Bike/Pedestrian Conditions (Alta/Britina) • Existing Public Art Locations (Britina) Deliverable: Existing Conditions Report. This document will be approximately 20 pages in length. It will be comprised of base maps and written text. Meetings: Staff and Team On -Site Tour Task 3 — Engage the Community Building from previous background information, the team will conduct interviews with stakeholders to identify issues, assets and opportunities. Develop Public Involvement Plan (Britina/Winter/Centro) The team will work with staff to develop a public involvement plan that outlines the timeframes and outreach efforts for the project. Deliverable: Public Involvement Plan Conduct Stakeholder Interviews (Entire Team) The consultants will collect input regarding stakeholders perspectives on the Midtown Urban Design Plan. The following groups will be interviewed in two on -site sessions: • City of Fort Collins Advance Planning Department (Winter) • City of Fort Collins Transportation Planning Department (FHU) • City of Fort Collins Office of Sustainability Management (Winter) • City of Fort Collins Parking Services (FHU) • City of Fort Collins Community Development and Neighborhood Services (Britina/Centro/Winter) • City of Fort Collins Transit (FHU/Alta) • City of Fort Collins Economic Health (Centro) • South Fort Collins Business Association Members (Centro) • CDOT Representatives (FHU/Britina) • Public Art Group (Britina) • City of Fort Collins Bicycle Advisory Committee (Alta) • Bus Rapid Transit (BRT) Representatives (FHU/Alta) ■ North Front Range Metropolitan Planning Organization Technical Advisory Committee and Transit Advisory Group (Winter) • City of Fort Collins Downtown Development Authority (Centro) • City of Fort Collins Area Chamber of Commerce (Centro) • UniverCity Connections (Alta) Deliverable: Stakeholder Interview Summary Report (Phase 1). This document will be approximately 20 pages in length; generally, a one -page summary per interview.