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HomeMy WebLinkAbout127796 B B C RESEARCH - CONTRACT - CONTRACT - 7704483PROFESSIONAL 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 BBC Research & Consulting, 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 two (2) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence within ten (10) days of signing, and shall continue in full force and effect until September 30, 2007, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: BBC Research & Consulting City of Fort Collins, Adv. Planning City of Fort Collins 3773 Cherry Creek North Dr. Ste 850 Attn: Ken Waido Attn: Purchasing Denver, Colorado 80209-3827 281 N. College Ave. PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 Standard Professional Services Agreement- rev 09/01/06 EXHIBIT B Schedule We can begin this project immediately upon your notice to proceed. We could produce a draft fiscal impact model and report for your review within approximately 6 weeks thereafter. The project schedule thereafter depends upon the City's draft report review cycle, any necessary edits and available City Council and/or Board of County Commissioner presentation dates. Standard Professional Services Agreement- rev 09/01 /06 10 EXHIBIT C Budget We can complete the above scope of work in a maximum of 125 hours of professional time. Two individuals from BBC will assist me with this project -- my Associate Adam Orens and my Research Associate Scott Kitchens. You have met Adam before on the Fort Collins HAI project and the current Fort Collins/Windsor Highway 392 interchange funding project: Given our blended average rate of $150/hour, we can complete this project for an amount not to exceed $18,750 including all professional time (i.e., 125 hours' $150/hour). If the project requires less than 125 hours of time, our invoice will be correspondingly lower. Standard Professional Services Agreement- rev 09/01/06 11 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Proiect 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 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 $ N/A. 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 the following schedule: Hourly billing rates: $150 Reimbursable direct costs: as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Eighteen Thousand Seven Hundred Fifty Dollars ($18,750). 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 Standard Professional Services Agreement- rev 09101 /06 2 City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. 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. 7. Proiect 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. 8. 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. 9. 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. 10. 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 Standard Professional Services Agreement- rev 09/01/06 3 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. Standard Professional Services Agreement- rev 09/01/06 4 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 `Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. Standard Professional Services Agreement- rev 09/01/06 5 F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev 09/01/06 6 THE CITY OF FORT COLLINS, COLORADO 1 By: ,6966s B. O'Neill II, CPPO, FNIGP Direct&df Purchasing & Risk Management DATE: BBC ReseargK& By: )) Title: 000 1 ✓1 iCe (o j� �s J771 CORPORATE P SI NT ORnVIC PRE ENT Date: U ATTEST: - - (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev 09/01 /06 7 EXHIBIT A North College URA Plan Area Boundary Expansion Fiscal Analysis project Scope of Work We propose the following tasks designed to produce an Excel -based fiscal impact model, written report and concluding PowerPoint presentation with excerpts from both the model and report: ■ Meet with City planning staff to understand different development scenarios that could occur in the proposed 217-acre URA expansion area. We will seek to gather information on the potential number of residential units, non-residential square feet, market values, phasing schedule and pace of absorption. ■ Meet with County finance staff to obtain background information on the County's budget, tax rates, financial trends and existing level of service measurements. ■ Conduct personal interviews with key County department heads to assess the ratio of fixed vs. variable costs in their budget, and to understand their sensitivity to residential vs, commercial development. The most important part of these interviews is to understand what costs and revenues the County experiences from development within incorporated areas, such as the proposed URA expansion area. ■ Based on our initial meeting with City planning staff, County finance staff and the County department head interviews, prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to City and County staff for review. ■ Finalize the above fiscal impact model spreadsheets based on City and County staff input, and test the model by analyzing three land use scenarios for the proposed URA expansion which you identify. For each scenario, we would compare and contrast the net impact on County finances of the same new development within the incorporated City both with and without URA expansion. Our emphasis will be on creating a model that can be used by the City and County to evaluate other potential URA boundary expansions, not lust the North College boundary, or the creation of a new URA Plan with area boundaries in other Larimer County towns or cities. ■ If the land use scenarios result in a fiscal impact to the County, generate mitigation reimbursement options that may include tax increment sharing that could be used as a basis for an intergovernmental agreement between the County and City. ■ Conduct "best practices" research in other parts of the country to determine if mitigation of URA impacts has been handled through tax increment sharing between a city and a county. Standard Professional Services Agreement- rev 09/01/06 8 ■ Summarize our findings in a first draft report for City and County review. The report will contain our methodology, model description, interview results and land use scenario analysis results from the prior task; ■ Produce a revised draft report based on City and County feedback; ■ Facilitate a meeting with City and County staff to review the revised draft report page -by -page so that there is consensus among both parties; ■ Finalize the report based on City and County staff suggestions stemming from the above revised draft review meeting; and ■ Give a PowerPoint presentation of our findings at two public meeting of your choosing such as the City Council and Board of County Commissioners. Standard Professional Services Agreement- rev 09/01/06 9