HomeMy WebLinkAboutPROGRESSIVE URBAN MANAGEMENT ASSOCIATES - CONTRACT - RFP - 8049 NEW DOWNTOWN PLANProfessional Services Agreement – Work Order Type
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PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 PROGRESSIVE URBAN MANAGEMENT ASSOCIATES
(P.U.M.A.), 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 any
project Work Orders for 8049 New Downtown Plan, issued by the City. A blank sample of
a work order is attached hereto as Exhibit "A", consisting of one (1) page and is
incorporated herein by this reference. A general scope of services is attached hereto as
Exhibit “B”, consisting of eleven (11) pages and is incorporated herein by this reference.
The City reserves the right to independently bid any project rather than issuing a Work
Order to the Professional for the same pursuant to this Agreement. Irrespective of
references in Exhibit B to certain named third parties, Professional shall be solely
responsible for performance of all duties hereunder.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence March 15, 2015, and shall continue in
full force and effect until September 30, 2016, 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 one (1) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. Written notice
of renewal shall be provided to the Professional and mailed no later than thirty (30) days
prior to contract end.
5. Early Termination by City/Notice. 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 address:
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Professional: City: Copy to:
Progressive Urban Management
Associates
Attn: Brad Segal
1616 17th Street, Suite 262
Denver, CO 80202
City of Fort Collins
Attn: Cameron Gloss
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
6. Design, Project Insurance 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 attorney’s 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 insurance in accordance
with Exhibit “D”, consisting of one (1) page, attached hereto and incorporated herein.
7. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "C", consisting of two (2) page(s), attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a
maximum fee, which shall be negotiated by the parties hereto for each such Work Order.
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 "C" the excess amount shall not be
paid or owed by the City.
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
to the Work Order and upon approval of the Professional's direct 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.
8. 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
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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.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non-fading process to provide for long
storage and high quality reproduction. "CD" disc of the as-built drawings shall also be
submitted to the owner in and AutoCAD version no older then the established city
standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work
Order, 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.
11. 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.
12. Subcontractors. Except for the subcontractors identified in Exhibit B, Scope of Services,
Professional shall not subcontract any of the Work set forth in the Exhibit B, without the
prior written consent of the City. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
13. 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.
14. 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
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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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
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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.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality,
consisting of one (1) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
Date: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
PROGRESSIVE URBAN MANAGEMENT ASSOCIATES
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
DocuSign Envelope ID: 587E756A-26F3-43EC-898D-6EE5C5FB1FC1
3/13/2015
President
3/16/2015
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
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EXHIBIT B
GENERAL SCOPE OF SERVICES
The new Fort Collins Downtown Plan will forge an enduring public/private partnership to guide
investment in downtown Fort Collins for the next five to twenty years. Building upon past
planning efforts and an understanding of downtown market dynamics, the new Downtown Plan
will aim to create a collective vision for downtown and identify a detailed tactical plan for
implementation with recommendations for priorities, sequencing and financing.
With changes in the local and national economy, innovations in technology and infrastructure,
and shifts in demographics since the last downtown planning effort – as well as new leadership
and interests in place – now is the time to envision the future of Downtown Fort Collins. Many
transformative changes have occurred since the 1989 Downtown Plan, most of them positive.
The P.U.M.A. team will assist staff in the development of a newly updated Downtown Plan
factoring a whole range of issues and opportunities.
Plan Area
The Plan area encompasses the commercial zone districts north of the CSU Main Campus and
south of Vine Drive: Downtown (D), Community Commercial (CC), River Downtown
Redevelopment (RDR), Community Commercial Poudre River (CCR), Limited Commercial (CL),
Employment (E), along with Public Open Lands (POL) along stretches of the Poudre River.
An “area of influence” is identified in the Industrial (I) district northeast of the plan area, which
also includes the Buckingham residential neighborhood (zoned RL, Low Density Residential).
This area is the subject of the 2005 Northside Neighborhoods Plan and as such its status is
somewhat different than the plan area. It is closely interrelated with Downtown, with highly
overlapping interests.
AREA OF
COLORADO STATE
UNIVERSITY
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APPROACH
City staff will manage the overall project and public process, perform the bulk of outreach, and
produce the plan document. The P.U.M.A. team (Consultant) will collaborate with staff on the
overall plan, and provide specialized technical expertise, experience, and work products on
identified topic areas. Roles and tasks to be done by the City and the Consultant will vary for
different topic areas as described below.
The expected relative proportion of Consultant assistance to be allocated to collaboration on the
overall plan, and to technical work on the various topic areas, is indicated below as High,
Medium, and Low. The allocation of effort by the City and the Consultant may change
during the 18 month process. The Consultant will meet with the City monthly for the
duration of the project to evaluate and apply adjustments as necessary. The City will
initiate a new work order at the beginning of each phase to adjust tasks and level of
effort as needed.
Collaboration on the Overall Plan [Medium]
Services needed:
a) Advise and comment on the comprehensive community outreach plan for the project.
b) Provide graphics and images to support concepts being discussed and to aid staff in
developing the new plan throughout all phases of the project.
c) Provide facilitation of public discussion and meetings on technical or sensitive topics.
d) Review, comment, and collaborate with planning staff on written materials, online
information, questionnaires, and related materials.
e) In collaboration with staff, provide compelling, tailored illustrations and/or images to
convey the vision and recommendations for the next 5-20 years at an inspiring level of
quality in a highly visual new plan document.
Technical Work on Topic Areas
The extent of specific services needed varies for the different topic areas as follows:
Market and Economy [Low-Medium] | P.U.M.A
Services Needed:
a) Review 2004 Downtown Strategic Plan market analysis and business mix information
and collaborate with staff to determine needs for new research, surveys, or means of
addressing issues.
b) Update market analysis as needed. Develop market and business information to
address the types of issues summarized in this topic area, in order to inform the vision
and recommendations. A 2004 planning project, the Downtown Strategic Plan, included
a market analysis which is expected to serve as a foundation and example. The new
plan may generally incorporate updates and affirmations of the 2004 information, with
new data gathering and analysis as appropriate.
c) Collaborate with City Planning staff on written content for the public process and the plan
document, and provide related graphics to aid discussions with the Working Groups and
the public, and to summarize the analysis and results in a way that is presentable to the
public and City Council.
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d) Provide recommendations to be incorporated into the plan vision and recommendations.
Urban Design [High] | Russell + Mills Studio, Aller•Lingle•Massey, P.U.M.A.
Services Needed:
a) Evaluate, identify and describe the crucial aspects of the overall physical framework of
Downtown as defined by historic context, different character areas, gateways,
landmarks, transportation routes, circulation within Downtown, and other defining
characteristics. Previous plan documents provide a large body of information and
understanding in this regard.
b) Within the framework, address issues related to building height and building typology for
new buildings in different parts of the Downtown and at edges between the commercial
Downtown and adjacent neighborhoods.
c) Within the framework, address streetscape design issues including right-of-way
encroachments, design themes and details, lighting, landscaping, irrigation, and related
issues.
d) Provide graphics and images to support concepts being discussed and to aid staff in
developing the new plan throughout all phases of the project.
e) Provide recommendations to be incorporated into the plan vision and recommendations,
and collaborate with City Planning staff in writing content for the public process and the
plan document.
Parking and Transportation [Low] | Kimley-Horn, P.U.M.A
Services Needed:
a) Collaborate with staff to review existing plans and available information, distill relevant
issues, and synthesize overarching priorities for Downtown into vision components and
plan recommendations, with an eye toward improvements that can be implemented
within approximately a 10-year timeframe.
b) Provide special expertise and experience in planning for the modal hierarchy typically
found in Downtowns (e.g., with pedestrians having an elevated mode share). This may
include written or graphic examples, policy language, and recommendations as
appropriate.
c) Provide special expertise and experience in planning for transportation and parking as
an aspect of historic Downtown character. This may include written or graphic
examples, policy language, and recommendations as appropriate.
On-Street Pay Parking Community Dialogue Project [Medium] | Kimley-Horn
This is a separate but integrally related public outreach project to be conducted by City staff
concurrently with the Downtown Plan in 2015. This outreach project will be fully coordinated
and aligned with the Downtown Plan process to insure consistency, and Kimley-Horn has
specifically-allocated funding to provide the information and messaging to be used in the
project.
The information and messaging will reflect holistic consideration of a balanced and sustainable
parking and transportation plan for the future, primarily for the benefit of the businesses that rely
on Downtown’s public parking as a critical resource.
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Services Needed:
a) Provide and apply specialized expertise, experience, and sensitivity in the complexities
and nuances of introducing pay parking systems in an unbiased manner, to assist and
support the special community dialogue project managed by staff. This may include
written materials and graphic or photo examples as appropriate to convey information
and messaging.
b) Assist staff in identifying crucial issues and details that need discussions.
c) Consult with staff to create a comprehensive community outreach plan for the project.
d) Collaborate with City communications and parking staff in writing content.
e) Advise and comment on outreach materials such as an educational video, printed
materials, online information, surveys, poster boards, and the like.
f) Provide an objective, knowledgeable spokesperson to facilitate public discussions and/or
speak at meetings.
g) Collaborate with staff to summarize the community dialogue process and results in a
way that is presentable to City Council.
Arts and Culture [Low]
Staff will lead development of plan materials for this topic area. Services needed:
Offer insight and recommendations related to arts and culture based on past experience
and knowledge of national trends on topics such as retention of artists in Downtown,
furthering goals of Downtown through the City’s Art in Public Places program and the
Downtown Fort Collins Creative District effort, branding, marketing, signage, and unique
cultural assets.
Energy and Environment [Low] Brendle Group
Staff will lead development of plan materials for this topic area. Services needed:
a) Offer insight and recommendations related to energy and environment based on past
experience and as these topics overlap with other areas of technical expertise.
b) Brendle Group will participate in the Energy and Environment Working Group and will
assist with the Sustainability Assessment for the project.
Downtown Management [Low]
Services Needed:
a) Collaborate with staff to identify issues and review existing practices with all entities
involved.
b) Provide specialized knowledge of successful Downtown management practices.
c) Provide relevant examples and experience appropriate to local circumstances, to aid
discussion of strategies and choices.
d) Collaborate with staff to summarize the analysis and develop recommended solutions
going forward. A number of stakeholders have a history of Downtown management
which is expected to serve as a foundation for planning discussions.
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SCOPE OF WORK
The following scope of work will be verified and adjusted with the Consultant, including
assignment of responsibility for deliverables between City Staff (City) and the Consultant. This
is an estimation of the scope of work and process for the 18-month schedule. The
allocation of effort by the City and the Consultant may change during the process. The
Consultant will meet with the City monthly for the duration of the project to evaluate and
apply adjustments as necessary. The City will initiate a new work order at the beginning
of each phase to adjust tasks and level of effort as needed.
Phase 1 Project Initiation and Issue Identification | March – June 2015
Task 1: Define Parameters of the Process
1a. Refine scope of work and schedule with detailed study tasks, roles and responsibilities,
objectives, and deliverables (City and Consultant)
1b. Identify key stakeholders and collaborators and establish working groups. (City)
Inviting local Fort Collins leaders and experts in their fields will be organized by the City of
Fort Collins. The intent of the working groups is to incorporate the variety of issues that
are relevant to downtown, engage a broad cross-section of Fort Collins’ civic leadership,
plus augment initial reconnaissance into Fort Collins’ challenges, opportunities and
priorities. The recommended construct for the working groups could address the following
topic areas:
Vibrant Economy including market role and mix of businesses and activities; and
health of office, retail and other investment sectors
Public Realm & Urban Design including historic patterns and character, building
heights and characteristics, connectivity, streetscapes, parks and plazas, and other
placemaking components
Transportation Solutions including balanced mobility for pedestrians, bikes, vehicles
and transit, and parking management
Downtown Management including marketing, branding, events, clean and safe and
social services
Arts & Culture including arts, design, cultural institutions
Housing and Livability including market-rate, workforce and affordable housing and
amenities that create a livable downtown, such as education and active recreation
Energy & Environment including protection of and connections to the Poudre River
corridor, energy efficiency and consumption, nature in the city, and utilities
The working groups will consist of technical specialists, City staff, and key stakeholders
relevant to each topic area. Each working group will be responsible for identifying issues,
providing information and suggestions, and guiding plan content relevant to their topic
area. The groups will produce meeting summaries, memos, or other work products as
needed throughout the planning process.
1c. Define a strategy to coordinate with relevant ongoing and recently completed studies,
particularly the concurrent update of the Old Town Neighborhoods Plan and public
engagement associated with on-street paid parking. (City)
1d. Refine schedule to identify key milestones and deliverable due dates including visits to
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boards and commissions and the City. (City)
1e. Meet with working groups and any other key internal stakeholders to refine the project
purpose and issues to be addressed. (City and Consultant)
1f. Adjust and affirm the City’s draft Public Involvement Plan for stakeholder and public
engagement using a range of techniques; public relations; and project branding; and to
align and coordinate with the pay parking community dialogue project and Old Town
Neighborhoods Plan. (City and Consultant)
1g. Create project website and initial branding materials (City)
1h. Define roles and approach to coordination with other Ccity departments, DDA, DBA, and
CSU (City and Consultant)
1i. Outline the Sustainability Assessment tasks needed at the appropriate phases of the
process. (City and Consultant)
1j. Outline the On-Street Pay Parking Community Dialogue Project including Consultant
tasks. Timing will be coordinated with the Downtown Plan, but may not coincide exactly
(City and Consultant)
Task 1 Deliverables:
• Final Scope of Work & Schedule
• Working Groups and Stakeholders Contact List
• Public Involvement Plan
• Website & Branding Materials
• Sustainability Assessment Outline
• On-Street Pay Parking Project Description and Work Plan
Task 2: Existing Conditions, Market Opportunities and Issue Identification
This task will provide a snapshot of the past and present conditions relevant to the new plan,
and issues the plan needs to address. It will provide the basis for the development of a vision,
strategies and choices to respond to the issues.
2a. Review existing plans to understand completed and outstanding action items, and
obsolete and still-relevant vision and policy material: Downtown Plan (1989), Downtown
Strategic Plan (2006), Downtown Civic Center Master Plan (1996), Parking Plan (2013),
Poudre River Downtown Master Plan (2014) and other related plans. (City and Consultant)
2b. Inventory relevant existing conditions of the built and natural environment, and the social
and economic climate. The Consultant will provide an update to the market data from the
2004 Downtown Strategic Plan. This data will be updated based on the new economy we
live under in 2015 after the Great Recession, and the continuous investment in the
Downtown that has been occurring over the past decade. To balance community
aspirations with market reality, we will compile downtown’s key economic indicators and
opportunities in a variety of segments, including office, retail, residential, hospitality, and
civic. We will rely primarily on compiling secondary data from existing economic agencies,
real estate professionals, census and other widely accessed sources that can be easily
updated and monitored over time. Our local market research will be considered in the
context of P.U.M.A.’s award-winning research on Global Trends, and will result in the
identification of likely development types and potential within the next five to ten year
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investment cycle. We will also compile qualitative market information from a series of
interviews with key individuals involved in real estate and development. (Consultant)
2c. Interview stakeholders and Working Groups to review staff’s preliminary list of issues,
identify any additional issues, and get a sense of priorities. (City and Consultant)
2d. Describe the overall physical framework of the Downtown area. Identify preliminary
character areas, and describe how each character area relates/functions as part of the
greater Downtown area. Identify crucial defining features such as the street pattern and
key streets, building typology and characteristics, gateways, landmarks, public space,
views, edges, corridors, night lighting, and other features of the study area. Highlight the
historic districts and historic buildings, particularly as they relate to potential
redevelopment sites. (City and Consultant)
2e. Coordinate with the Pay Parking Public Outreach Project. (City and Consultant)
Task 2 Deliverables:
Plan Review Memo
Existing Conditions Report
Market opportunities report
Issues Summary
Pay Parking Public Outreach Materials.
Phase 2 Visioning | April – October 2015
Task 3: Kick-Off
The Consultant will assist the City with preparing for a “grand event” to introduce the project to
the community and all interested stakeholders. This could include interactive “idea stations” so
the public can wander between topics and provide input on issues and ideas for the new plan.
P.U.M.A. will present award-winning research on “Global Trends Affecting Downtowns &
Implications for Fort Collins.” The Global Trends research provides an illuminating and
informative platform for the planning process, and will set the context for the formal public
launch of the process.
3a. Plan and host kick-off event, with associated public outreach. Prepare text and graphic
content for outreach materials. (City and Consultant)
3b. Make the new Downtown Plan project visible in and around Downtown with various
engagement techniques that allow the public to provide input at their convenience and
gather information for more formal events. (City)
3c. Conduct Working Group meetings to begin analysis and discuss preliminary ideas in
response to issues. (City and Consultant)
3d. Coordinate with the Pay Parking Public Outreach Project. (City and Consultant)
Task 3 Deliverables (All meeting materials will be printed by the City):
• Public Outreach Materials
• Public Outreach Summary
• Working Group Materials
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Pay Parking Public Outreach Materials.
Task 4: Visioning
This task will develop preliminary vision statements responding to the issues in the various topic
areas. The existing plan will be reviewed for aspects that are still valid and relevant. New vision
statements will capture the imagination in text and graphics to reflect the desired character and
future conditions of Downtown.
4a. Conduct interactive public events and outreach activities to gather input and ideas on the
desired future. (City and Consultant)
4b. Conduct Working Group meetings (City and Consultant)
4c. The City will create a digital 3D model of Downtown for use in conveying and exploring
ideas about potential physical change and preservation. P.U.M.A.’s Urban Design sub-
consultants, Russell + Mills Studio and Aller•Lingle•Massey will work with the City on
the downtown digital 3D model on the vision for building heights and other building form
characteristics block by block based on existing zoning and design standards, issues, and
new plan discussions. The team will provide case studies of other communities such as
Denver and Vancouver on how they achieved their building height standards. These cities
have approached building heights from what the view looks like at the street level from the
pedestrian perspective. (City and Consultant)
4d. Develop vision statements with graphics, illustration, and photos as appropriate to convey
the meaning. Russell + Mills Studio and Aller•Lingle•Massey will prepare a variety of
graphics that reflect the desired character and concepts for the topic areas that tie the
downtown districts together. (City and Consultant)
4e. Review vision statements with interested parties and the public. (City and Consultant)
4f. Coordinate with the Pay Parking Public Outreach Project.
Task 4 Deliverables (All meeting materials will be printed by the City):
• Public Outreach Materials
• Public Outreach Summary
• 3D Model of Downtown being created by City staff
• Preliminary Vision Statements
Pay Parking Public Outreach Materials
Phase 3 Choices and Strategies | August 2015 – January 2016
Task 5&6: Evaluate Choices and Identify Strategies
The Consultant will prepare alternative concepts that address the issues from phase 1 and
achieve the phase 2 vison. The Consultant will prepare a series of urban design framework
diagrams and sketches, renderings and/or visualizations, building typology examples, and
variations to the 3D model prepared by the City. Concepts related to circulation and parking for
all modes will be explored. Also, concepts related to all other working group topic areas will be
presented and explored. The concepts will be evaluated using sustainability assessments,
public outreach, and technical analyses.
5a. Outline choices and strategies, and materials needed for discussion and evaluation.
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(Consultant and City)
5b. Produce materials. (Consultant and City)
5c. Conduct interactive public events and outreach activities to gather input on choices and
strategies. (City and Consultant)
5d. Conduct Working Group meetings. (City and Consultant)
5e. Draft preliminary choices and strategies with accompanying explanation and graphics.
(Consultant and City)
6. Coordinate with the Pay Parking Public Outreach Project.(City and Consultant)
Task 5&6 Deliverables (All meeting materials will be printed by the City):
• Preliminary Choices and Strategies Outline
• Refined Choices and Strategies (based on public and stakeholder input)
• Public Outreach Materials
Draft downtown plan outline
• Public Outreach Summary
Pay Parking Public Outreach Materials
Phase 4 Plan Development | January – July 2016
Task 7: Policies and Recommendations
A comprehensive plan document, with implementation actions, emerges during the final phases
of the project. As policy, program and investment priorities emerge during this phase, the
Consultant will evaluate the organizational structure of the City and its civic partners and assess
their capability to carry out initiatives to continue Downtown’s success under the new plan.
Organizational recommendations regarding the allocation of time, effort, and resources will
begin to take shape.
7a. Refine and finalize vision statements to incorporate all information to date. (Consultant and
City)
7b. Draft policies and recommendations for each topic area. The Consultant will collaborate
with the City to create a draft downtown plan outline that includes the vision, strategies,
and action plan components. The outline would then be reviewed and evaluated by the
working groups (at this point in the process, they may be a single group consisting of
representatives, as opposed to six distinct groups) to synthesize the topics into a unified
plan. (Consultant and City)
7c. Test and refine policies and recommendations through stakeholder and public outreach.
(Consultant and City)
7d. Conduct Working Group Session. The work session will include a priority-setting exercise
to determine which actions and strategies should be viewed as most critical and that can
shape downtown’s long term future if implemented within the next five to ten years. The
complete planning package will begin to take shape, with outlines for the following
components (Consultant and City):
Vision elements and core values for the future of downtown Fort Collins
Framework that provides an illustrative mapping of key concepts and improvements
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Action plan that identifies 1) strategic program initiatives, 2) major transformative
projects, and 3) minor projects and tactical efforts.
Digital 3D model massing diagrams
7e. Coordinate with the Pay Parking Public Outreach Project.(City and Consultant)
Task 7 Deliverables (All meeting materials will be printed by the City):
• Preliminary Policies and Recommendations
• Refined Policies and Recommendations (based on public and stakeholder input)
• Supporting Explanation and Graphics
Pay Parking Public Outreach Materials
Task 8: Draft Plan
This task will provide a draft plan for public review and will be presented to City boards and
commissions. The City will lead the development of the draft plan with text and graphic input by
the Consultant. It is anticipated that the Pay Parking Public Outreach Project will be complete at
this point.
8a. Mock up a layout for the draft plan. A work session will be held between the City and
Consultant to begin a mock-up of the plan layout and its contents that includes
deliverables from Tasks 1-7. (City and Consultant)
8b. Develop text and graphic content for the draft plan. (City and Consultant)
8c. Public events and outreach to present the draft plan for review and comment. (City and
Consultant)
8d. Present draft plan to boards, commissions, and stakeholders for review and comment.
(City and Consultant)
Task 8 Deliverables (All meeting materials will be printed by the City):
Text and graphic content for draft plan
Draft Plan
Public Outreach Materials
Public Outreach Summary
Attend public events to present draft plan
Present draft plan to boards, commissions, and stakeholders (up to 3 presentations)
*Phase 5 Implementation Plan and Adoption | March – July 2016
*The City will pursue acquisition of additional funding to be determined for the consultant team
to assist with Phase 5.
Task 9: Implementation Action Plan
9a. This task will provide a prioritized list of short-, mid-, and long-term implementation actions
created with Working Groups. The Consultant will coordinate this effort with City
assistance, to get buy-in with all service providers and managers, such as City
departments, the DDA, and DBA, with an aim toward practical and incremental
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implementation. (Consultant and City)
9b. Conduct Working Group meetings. Based upon the working group responses to the draft
plan components, a final New Downtown Plan will be prepared by the City with input from
the Consultant. For each transformative initiative, the following detail will be provided by
the Consultant:
Roles of responsibilities of the City of Fort Collins and other civic partners
(Consultant)
Estimated costs and financing options (Consultant and City)
Benchmarks to measure success (Consultant and City)
9c. Collaborate with all stakeholders as appropriate. (City and Consultant)
Task 9 Deliverables (All meeting materials will be printed by the City):
• Implementation Approach and Action Item List
Task 10: Plan Preparation and Adoption
This task will provide a final draft of the new Downtown Plan prepared by the City with
Consultant input to be presented to select City boards and commissions, and City Council for
adoption.
10a. Finalize plan document. (City)
10b. Present plan to relevant boards and commissions. (City and Consultant)
10c. Maintain a log of comments and revisions from each body, and prepare a final plan for
presentation to City Council. (City)
10d. Present plan to City Council for adoption. (City and Consultant)
Task 10 Deliverables (All meeting materials will be printed by the City):
• Final Draft Plan (pre-adoption)
• Presentation Materials
• Final Plan (post-adoption)
• Final Project Documents and Files
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EXHIBIT C
COMPENSATION
As described in the P.U.M.A. approach, The Fort Collins New Downtown Plan outlines a non-
traditional client consultant relationship in that the City will play a major role in leading the
project and will rely on consultants for specific tasks. P.U.M.A. is proposing an “on-call”
approach meaning that the City will enter a partnership with our team and will include members
or our team “as needed” to fulfill specific technical expertise. We anticipate the resource
allocation to be fluid, with work orders initiated at each phase of the project. Below is our
estimated allocations for the project:
P.U.M.A: 45% - 50%
Russell + Mills: 25% - 30%
Kimley-Horn: 15%
Brendle Group: 5-6%
Aller•Lingle•Massey Architects: 8-10%
A detailed fee breakdown for Phases 1-4 labor and direct costs is provided on the following
page. Direct costs include mileage for travel between Ft. Collins and Denver and delivery
charges/mailings. We anticipate some large-scale color and b/w plots and meeting/graphic
supplies to be printed by the Consultant; however most printing will be provided by the City.
The following budget is an estimation of the scope of work and process for the 18-month
schedule. The allocation of effort by the City and the Consultant may change during the
process. The Consultant will meet with the City monthly for the duration of the project to
evaluate and apply adjustments as necessary. The City will initiate a new work order at
the beginning of each phase to adjust tasks and level of effort as needed.
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EXHIBIT D
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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 $1,000,000 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
subcontractor's insurance.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT E
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.
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