HomeMy WebLinkAbout8370RESOLUTION NO. 8370
A RESOLUTION APPROVING AN AGREEMENT BETWEEN PROGRESSIVE URBAN
MANAGEMENT ASSOCIATES AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, FOR PROFESSIONAL SERVICES IN CONNECTION WITH .A PLAN
TO CREATE A DOWNTOWN MANAGEMENT AUTHORITY AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The agreement dated March 23 , 1998, between Progressive Urban
Management Associates, and the City of Pueblo, a Municipal Corporation ( "the
Agreement "), to provide professional services in connection with a plan to create a
downtown management authority in downtown Pueblo, Colorado, a copy of which is
attached and incorporated, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2
Funds not to exceed $27,000 for said professional services shall be paid from
Account No. 1- 100 - 111 - 211 -30 -0020.
SECTION 3
The President of the City Council is hereby authorized to execute said agreement
on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the
City thereto and attest same.
INTRODUCED March 23, 1998
BY: John Verna
Councilperson
APPROVED:
President a e C uncil
ATTEST:
Department:
DOWNTOWN DEVELOPMENT
Date: MARCH 23, 1998
ISSUE
Should the City contract with Progressive Urban Management
Associates, a downtown management and planning firm, for
professional services in downtown Pueblo?
RECOMMENDATION Approval.
BACKGROUND Progressive Urban Management Associates specializes in forming
plans for downtown management authorities. Downtown manage-
ment authorities contract with special districts in the downtown
area to provide services such as maintenance, marketing, and
promotions.
FINANCIAL IMPACT The monies to pay for these services is provided from the Office
of Downtown Development, Acct. No. 1- 100 - 111 - 211 -30 -0020.
AGREEMENT
FOR PROFESSIONAL PLANNING & CONSULTING SERVICES
THIS AGREEMENT is made and entered this 23rd day of March, 1998, by and between the City of Pueblo,
a Municipal Corporation ( "Client ") and Progressive Urban Management Associates, Inc. (hereinafter referred to as
"Consultant ") for Consultant to render professional planning and consulting services for Client with respect to
downtown development in Pueblo, Colorado (phase II) and related ancillary services, hereinafter referred to as the
"Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES
(a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project
described in more detail in Schedule I attached hereto and incorporated herein by reference (the "Basic Services "). Such
services shall include all usual and customary professional planning and consulting services including any required
drafting or design services incident to its work on the Project.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such
subcontractors as it is for services performed directly by Consultant.
SECTION 2. CONSULTANT'S RESPONSIBILITIES
(a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion
of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including
drawings, reports and other services, irrespective of Client's approval of or acquiescence in same.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage
to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses
Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition
precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or
similar statute, whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution
of work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services
under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant
proposes to accomplish its work, with time periods for which it will commence and complete each major work item.
Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall
adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement
of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted
for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities
required for the work, the availability of information which must be obtained from any third parties, and all conditions
to access to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement,
Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii)
the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable
estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized
in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail
to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and
professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES, PAYMENT
(a) Client will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement,
the maximum sum of U.S. $25,540.00, computed as set forth in Schedule 2.
(b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment,
aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense
reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such
services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of
the application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided
and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and
subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information, surveys, data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information
and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client
as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which
is the lesser of $2,500 or 5% of the maximum contract price.
(c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto
within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials
or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy
of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be
presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is
not within the custody or control of Client but must be procured from others.
SECTION 5. TERMIN
(a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any
time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors
shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications,
reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have
accumulated in performing this Agreement, together with all finished work and work in progress.
(b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall
be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination;
together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be
avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant
upon termination exceed the maximum compensation provided for complete performance in Section 3(a).
(c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement
by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or
to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform
work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right
to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates
specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to
date of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. RESERVED
SECTION 7. USE OF DOCUMENTS
(a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and
Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute
or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
specifications, and all other technical data or other documents pertaining to the work to be performed under this
Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with
advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable
federal regulations.
(b) (Reserved)
SECTION 8. INSURANCE AND INDEMNITY
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal
injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its
employees, and from claims or damages because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) Workers' Compensation Insurance complying with statutory requirements in Colorado and
in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six
Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not
limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for
property damage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible acceptable to Client.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third
parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has
a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through
subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by
subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third
party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement,
the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility
for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to
employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of
this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel
except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not
assign or reassign Project work to any person to whom Client has reasonable objection.
SECTION 10. REQUIRED FEDERAL PROVISIONS (Reserved)
SECTION 11. MISCELLANEOUS
(a) Notices Any and all notices or other communications required or permitted by this Agreement or
by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed
duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service,
, ,vfien deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention:
Pueblo, Colorado, or to Consultant at
Either party may change his address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner provided in this paragraph.
(b) Entire Agreement This instrument contains the entire agreement between Consultant and Client
0
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of
either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and
void.
(c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors
and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due
hereunder to Consultant may be assigned by it without the written consent of Client.
(d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the
State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided
in a state court of competent jurisdiction located in Pueblo, Colorado.
(f) Equal Employment Opportunity In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed,
and that employees are treated during employment without regard to their race, color, religion, sex, national origin,
disability or age.
(g) Severability If any provision of this Agreement, except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such
provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties
that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary
to law or the terms of any federal grant, then this entire Agreement shall be void.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
AT TEST:
B
City Cler
me: M. Bradley Segal
Title: President
CITY PUEBLO, A MUNICIPAL CORPORATION
By (-ti,
President of the C' Council
PROGRESSIVE URBAN MANAGEMENT ASSOCIATES, INC.
F 1 FILES' CITY'PLAY\NG\DOWNTORT'PROFSR�'? ��
Central Pueblo Business Improvement District
Phase II: BID Formation
Proposed Scope of Work
1. CONVYIUNITY OUTREACH
1.1 Create and Train BID Support Committee: The BID must be formed through a peer
process by wbfth property and business owners encourage other property and business
owners to support the BID. The BID Support Committee would be composed of teams
consisting of 4 to 8 property and business owners within each geographic sub- district.
Committee members will assist with community outreach efforts and then have the principal
responsibility for marketing the BID through petition, City Council and vote campaigns.
1.2 Community Presentations/Public Relations: The BID business plan will be presented to
affected property and business owners through one -on -one meetings, property owner forums
or "coffees ", editorial board meetings with media and presentations at regular meetings of
business and civic organizations.
1.3 BID Newsletter I/Fact Sheet: A 4 -page BID newsletter and fact sheet will be produced
providing a visual summary of the BTD business plan. The newsletter will be widely
disseminated throughout the affected area and will assist the BID Support Committee in
presentations and discussions,
1.4 BID Slide Presentation: A 131D slide presentation will provide a summary of the BID
business plan plus visual 'illustrations of current Central Pueblo challenges contrasted with
BID improvements in other cor munities. The BID slide presentation will assist the BID
Support Committee in presentations.
1.5 Database Refinement: Database refinement 'Mil continue throughout the process as new
information is obtained from property and business owners and the County Assessor.
2. PETITION PREPARATION
2.1 Service Plan: The BID service is based upon the framework provided by the BID business
plan. The service plan is a legal document that will accompany the BID petition.
2.2 Petition/Legal Review: Legal counsel will prepare the BID petition form, review the
service plan document and work with the City Attomey to prepare for the BID petition drive.
SCHEDULE 1 _.
2.3 City Participation Issues: A City base levels of service agreement and assessment
contribution policy should be finalized prior to initiating the petition campaign.
2.4 Printing and Packaging: petition packets for property owners will include:
Cover letter from BID Support Committee
BID petition;
BID petition instructions;
BID service plan;
Estimate of BID assessment for recipients proper y(ies);
BID business plan;
BID newsletter;
2.5 Database Refinement: One pare summary reports of estimated assessments will be
prepared for each property owner within the BID.
3. PETITION CAMPAIGN
3.1 BID Committee Coordination: The BID Support Committee will undertake the petition
campaign, led by property owner "captains" in each affected sub- district. Campaign training
will include the identification of support inclinations by each property ovtmer (i.e. supportive,
le aning support, leaning opposed, opposed) and talking points to guide a consistent message.
Progress will be monitored frequently through meetings, track reports, phone trees and
other campaign techniques.
3.2 Community Presentations/Public Relations: Community outreach will continue through
the petition campaign including presentations at downtown organizations, onion -one
meetings with property owners, forums and `'coffees ", editorial boards, etc.
3.3 Database Refinement: Ongoing....
3.4 City Council Presentation: Completed petitions will be submitted to the Cite Council for
consideration and adoption of a BID formation ordinance Lecal C<�t]n�p!
., _ . ,. ....
to work with the City Attorney to draft appropriate resolutions and/or ordinances and monitor
progress on behalf of the BID Support Committee.
Central Pueblo Business Improvement District:
Phase 11: BID Formation
Estimated Consulting Fees (Draft 11197)
V
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Progressive
Urban
M
TOTAL
TOTAL
Estimated
Estimated
PUMA, Legal
Segal
Brixey
Soehnel
Ta�lt
HQu�
Rate
Hovr!j
Rate
i
Hour!
Rate
P.U,M,A.
Legal
P19stur'lull
& Production
1. COMMUNITY OUTREACH
1.1 Create & Train BID Support Committee
15
95
40
40
1,425
1,425
1.2 Community Presentations /P.R.
15
95
40
40
1,425
1.425
1.3 BID Newsletter Wacl Sheet
10
95
25
40
40
1,950
1,000
2,950
to BID Slide Presentation
10
95
35
40.
40
2,350
500
2,1150
1.5 Database Refinement
95
40.
20
40
800
800
Total Comm unity Outreach
s0
95
60
40
20
40
7,950
0
_ _ 1,500
9,450
_
2. PETITION PREPARATION
i
2.1 Service Plan
20
95
40:
40
1,900
1,
2.2 Pelilioraegal Review
95
40 '
40
0
2.500
2,500
2.3 City Participation Issues
95
40
40
0
0
2.4 Printing & Packaging
10
95
40
40
950
1,500
2,450
2.5 Database Refinement
95
40
30
40
1,200
1,200
Total Petition Pre aration
30
95
0
40
30
40
4,050
2,500
1500
8,050
3. PETITION CAMPAIGN
3.1 BID Support Committee Coordination
15
95
40:
40
1,425
1,425
3.2 Community Presentations/P.R.
15
95
40
40
1,425
1,425
3.3 Database Refinement
95
401
15
40
600
600
3.4 City Council Presentation
10
95
40I
40
950
1,600
500
2,950
Total Petition Campaign
40
9 5
0
40
15
40
4,400
1,500
500
6,400
SUB - TOTAL: BID FO
120
95
60
40
65
40
16,400
4,000
3,500
23,900
1.040
Plus: P_U.M.A_ Travel & Expenses (10 %)
TOTAL BID FORMATION
25,540
V
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