HomeMy WebLinkAbout310503 ECONOMIC PLANNING SYSTEMS - CONTRACT - CONTRACT - 310503 ECONOMIC & PLANNING SYSTEMS INCPROFESSIONAL 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 Economic & Planning Systems Inc., hereinafter referred to as "Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of 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) pages, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within one (1) day following execution of this
Agreement. Services shall be completed no later than January 31, 2004. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto.
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:
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Economic & Planning Systems Inc.
730 17th St Ste 630
Denver, CO 80202-3511
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
With Copy to:
City of Fort Collins
Attn: Alan Krcmarik
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.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000 combined single limits, and errors and omissions
insurance in the amount of
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:
Dan Guimond, Principal
Arleen Taniwaki, VP
Nicole Layman, Associate
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$175 HR
$135 HR
$90 HR
Reimbursable direct costs: as billed
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Sixteen Thousand Four Hundred Dollars ($16,400). Monthly partial payments based upon
the Professional's billings and itemized statements of reimbursable direct costs are permissible.
The amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's reimbursable direct costs. Final payment shall be made following acceptance of
the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and
other services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. 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
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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.
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
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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.
THE CITY OF FORT COLLINS, COLORADO
By: (a,� �-�
Ja es B. O'Neill II, CPPO, FNIGP
Direct ty
Purchasingk
& Risk Management
DATE: / 3 1 I
Economic & Planning Systems, Inc.
Title: 1R/A.9C i �0.4 L
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: / Z / ?d /a
ATTEST:
(Corporate Seal)
Corporate Secretary
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Exhibit "A"
.FORT COLLINSRE"I AIL 1f\CE\'u\1yLzs ANALYSIS
PROJECT APPROACH ANDNIETHODOLOGY
In t1w livil Several I'llonths, lliuver 11ror.)k,ttiosin Fort Coffitts and Vv'a& McL'ivvil fil
LDVVIMIA 11AVO 20-i'll WkWkfitg offlig('1111", to flUru i tertallis to Lheir proposed rospectivc,
0
lif(S I v IQ L'illhors. �V' hilt ' Nith developev" I lave 'iuu1vu1u"*d'kvv tolun it t ollan it," It'l Its, tj It,
Colllpotifimt lietween the two cvuWr,% is ink, reasing, mid has re,,'m it tv v%'alatm I with
Lo".Luld"i 1xvent atuloaacement of it", filtent to'kirm all u'rhall rettevvid itudiorih, iwar
['lie 1-225 said State flighwav 34 interdial,wv. 'Ifw autholit%' W011ki 11110W thO UW 4 , )A
tooLs, including tax im�relne3lt finallcilu:' that would potelltiatly Ivnefit
g I
1,110 pvi11olwki lifestylv o'lltor xlckx c lgiiul ttt. In light of this wcent aclion, tho Cilx tit fort
k-olfills is interested ill better i-alde"tanding filt, initellflal 4:X ononlie impact this Indy
lava oil the pvopclsk�l 40';tylo totter within that Ittri%diclion and the relkned knimcl 011
fort (�k-kllills' competiLive I-K)Si-lion.
I he City has r"gtivstod that 11"IS updato its previolvi votail "Rullysis to iltAxtrporale 22003
s salt -.-sinfI ormaticum, Bayer Properties has als) ajjkrlmchvd [tie (:ih, of tort CcAl"'ims
ii,garding, it tioisible irwentive It'h1fil'tf, I0 assist with devetopluellt c(*ks. Fort Coll ill$ is
LAI":�'K I: I I X.C)II iC" f IN I't I A I I ON
11a, ('Itv ha's reuvsh"d art update (if the previous retail alld.ySis to ollsltre that the
for 2003 is avallable" And (all be itickitpocilod fitto tile analysis, Wtwill work direoh,
,.vitfi the Mitance Dlparuneat to otilain this inforn4ttiotl.
Svvorldly' we atso itfisA'ussed the N.S1 wav of obtailting Bayer PtXqi('ttieq' profol-11141, 10
.Mealy zo Wili it level cl: filurticial mcorlflvas OV, xtillrtalara trap. El' i will probate a draft limer
with a wqui-it for e%-onvudc juqfifis atioll for the City mmiager's Sigilmul-e. ]'Ile letter will
rokpost that Bayer Projvrtits subillit marktl and finaliciii! ilfformation its
f OL'Illost: for final 1k,M] inct"Ill ive' fl-1 till IIIA? t "Itv.
devvlapaterit proforma showing the firumcing gap for they Folt CoUhts Invivi-t as well as
arvv markM data till dw competitive Lov(daud prof"vt such a� rent h,vefs; for spocific
1-i'lutill s and I htaftciat iru.�Mttives provided k, "Ijo Ci4v of Lklvv1mikL flu- information
tvoukl remahi pro pripuily kind wouki trail bL' Ljj$t'jostacj 1,A) olhQr plltieS.
I'A'S )K 2, UPDATI. OF IZI� I',1VL- ANAIA"',IS
Das('d till the tiNah"Ll 21)(13 information, FPS will updato, its ploject dv*�141'ltiolls of Iftv
powntial f,timpvtitite projjtk,Ls aud retail inf4jw-outflow moitlel ahead y developM for
LIS(� Ill thO pTVViOtl-t iUlallvsi4. The nic-Ad rosultikki in all vsIhnah, of the potellA411 dentand
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salter irntonlultialrl of wgiorlal-wpi rt'tidl inclods, primarily i;A+l er.ta nart?rtinenruliwe, .Ala}jilr+= ,
leteme filrnis?Aizng and other shoppers }>,€rl+ds 'Aare tl lae,s larrjeliArAnilnate>1t teltuut It the
l°o,othills Mall ttvt a ultt a} pie ally found ill lift stt'lo ( iV'rs,
based tail till(, livivv dataI-IN will arpoatt, the .alrulysi1( si hii:leill(' potential fact
r e", sale s'.~itlnirt 1 cnrt gibs' vs and polt-n ial sales trmsftr5 fresh c- isting slow litu aticrras.
Base'nl on tlwskm .-uilk-s e stialaws, flu. JeVA of illnlaao on, e'a,istin t oil[ `r,� itill last updalod.
Vie ue°ill aNio ul'id it our prvv ititis aivllYsi,; wlaillt Ii, it h°ONsed the imp'li 3 (if at' e,ngW-titivo
grates` in Loit tid'u°td, its ival-wts oft vatislillf, t enlem in Ft�rt C"tillilni, asncl the viability of it
sat ua d ce atc�r in the City
1:r1S1a 1: t_ trt'vll'l=lllIVE SIS L~A'11 N t't?t' 1-0\11AN R lNC'l,N 11'Vt;'
ifi:ap d tail r not 1 rvt'tarcis .and imfor i atiunt palbered front laroke m iasld retail sources about
the tvilan , sills atnd xid potential nico ntivvs beitig offelvd to fifth developer jai 11w
l.oa e lards lift"stl'le e i'rlleC; LPS wall tar€<vicle, en ltrt'lArtutnin,'n .asst's' allon:t of 1110 ( on lIN'tifiv '
position of the two propel, -Ad mail laraeje'i ts.
TASK 4: FA AN(71AL IUI,-j NHCA l'IE}N YOR 11AY It lt"ti(rt°N"1'l't P'S:
US will evaluate the market and falulen, ial data provided by Bayer Properties ill order to
aclr fist( tho City txn the e'ct7naaunic justifit atim for the prt pos-Od irlt erntiVes, B Ast'd ;llrtarl.
1,eilnerA devel€alnerae'rnt ytrinnciples lnriwious and uldattd research stx'(' ftit, to is°b vl l,rrr l
(if this partkulanr site, El" will wvi-n-k with tho Cifl,° to asse=s�i the pre:fezn a this sla*'.v1ulltlr
is using, and to hv4T tle tltiale Will, tlna= cle t, 010POr 011 Vilat the ann+tist atainropiriate sullsidt ,
if aaAt°, i r(stl1d Wi l{ 110 Of bell0fit tea the 111OjOrt. =gym additional ianforat ratio n pwvidel bti'
lteati 01' a'A' trtdinl, tolraant t valp 'titio n ,Hanel will al,.o be used to r4iena' the
Ce axll+w ata ak a ult'si'', itt Twsk 3.
l ASK 5: CONCLUSIONS SIGNS AND l:l C`t l�l �tl sNtn 1l lC�z�lti
EP'S Vvill tnilrtre ill'ito Ilt the C t ran,: rl Shut% k" 4tA?fll 4 ll ulltare,, 1.1, with sl ins its
findings and laretliratitwnc based tnl the art Ait sis ctnaxl111, ed to -dale '.
Pal-', mill also prt4liara9 a brief laealicreport which tti l dew ribe the mial.vOi mtdortakm,
chats source t, final `lugs olns, And :e'€ �nau aeaulaeti«at�v.
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Exhibit "B"
BUDGLTAND SCHEDULE
EN p I-( qlosys If) cOliljzlfto the So I *� of w it hi at 10 chn'4 of I krojec I I I lit j, I tit ti I . AS
OliscU.",k�d On I I It' tolephottv, kv (I wil I coutplete I asks 1, 2firld 3 by jxift,lry -';. Dependirig
,"'I 'I it IV devekyo IITSJN!lls�, Task, 4 vA, ill he t ter pleted 8,,, it hiaa wookafter the requestod
inal-ket mid f-jailitiLifil infow-lilatio it is V vd. Fireparatifill for flits qviviv SvSSi oil w ill id."t I
lake plact, the fir -it iviiek of jantiati, for the 4iidy tho 131h. flit, ,sork will 1w,
comphitot 10 [1 a I nitV and matenalg basis up to a nwx�Tfil I iii, of SiO,400 j-4 .J town in Table
I below,
Table I
Proposed Budget
Fort Collins Retail Incentives Analysis
Description
Principal
Dan
Guimond
Vice
President Associate
Arleen Nicole M.
Tanivialid Layman
Total
Hours
Total
Costs
Labor
Task I- Pr"d Initiation
4
4
4
•12
$1,13M
Task 2: Retail Anaiysis Lpda!e,
4
a
141
28
S3,220
Task 3: Cr3mpiniova Assassn*rt of Loveland Incentives
4
is
0
20
S2,&30
Task 4Financ4l Justification for BayeF sncentives
8
10
8
32
S41,250
Task S. COnclusions and Recommendaforis
a
12
8
28
$3740
Total Hours
28
56
36
120
Hourty Rate
$775
$135
$90
Dollars by Pusan
K§w
$11-560
$3,240
$15,700
Expenses
Local Tnivel
$403
Report Pfoductior,
$203
Miscellaneous Expenses
Total Expenses
$700
Total Labor and Expenses
610,400
$witw Loww, c & P6miiN Sj*Wni
"lease ilc-tepk tl& propo�i�tl as a draft th"It cial lit' mo(,1111'd in Sf,)110, h-vol t4 do� Lfi,
budget mid Schodi de. VVe will dL,o lU1v(1 lo finalize pre &,rrvd billing prok (,duws for this
proJect.
sighed contra (t. ff thv tarots and conditiow, are this letter 6tt I Alr%le O-s Otir
wr it ton contract and notili cation to prof-ved f) it h I our sigltellifte, bel),nv, 1`10�se (fit t14A t
LIS to Jill i111% P11)]iOWd clUlng(-. Otillle4ticotl a.
-
k,"itA 411 1 fin G lilfils title,..
itIt. Dole
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