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HomeMy WebLinkAboutRFP - P968 ECONOMIC AND MARKET STUDY 21834City of Fort Collins Y REQUEST FOR PROPOSAL Proposal Number P968 Economic and Market Study The City of Fort Collins is seeking proposals from qualified firms. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), December 15, 2004. Proposal No. P-968. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager, Tess Heffernan, 970-416-2253. Questions regarding proposals submittal or process should be directed to James B. O'Neill, II, CPPO, FNIGP (970) 221-6775. A copy of the Proposal may be obtained as follows: 1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #30968. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcqov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. �3 C)� B. O'Neill II, CPPO, FNIGP r of Purchasing & Risk Management 215 North Mason Street • 2'd Floor • P.O. Box 580 A Fort Collins, Co 80522-0580 • (970) 221-6775 • Fax (970)221-6707 www fc ov.com 13. 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. 14. 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. 15. 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. 16. 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. 03 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of ( ) page[s], attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO 0 John F. Fischbach City Manager A James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management N N= ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary 03 (Corporate Seal) APPENDIX "A" Study Session Item Date: April 27, 2004 Staff: John Fischbach, Darin Atteberry & Steve Roy Subject for Discussion: Neighborhood Quality of Life Task Force Update General Direction Sought and Specific Questions to be Answered 1. Does Council wish to proceed with Mandatory Rental Registration with Voluntary Certification (Option 2) or Mandatory Rental Licensing (Option 3)? 2. Does Council wish to include any of the listed "Variables" in addition to Rental Registration or Licensing? 3. Does Council wish to retain any form of an occupancy limit and incorporate it into Rental Registration or Licensing? 4. What level of community outreach should staff undertake, and what kinds of feedback is Council seeking? Background and Work in Progress At the March 9, 2004 City Council Study Session Council members were presented with a framework of three options designed to address a number of quality of life issues in Fort Collins neighborhoods. Council provided a range of feedback, including direction to implement Option 1 (policing strategies, code and system improvements, and marketing strategies) and provide further details on Option 2 (Rental Registration) and Option 3 (Rental Licensing.) Several of the Option 1 strategies have been implemented and others are in process. On May 4, 2004 Council will consider first reading amendments to five ordinances dealing with unreasonable noise, animals, weeds and rubbish, outdoor storage and public nuisances. All changes are designed to enhance the City's enforcement of existing Code provisions. Concurrently, work is progressing to better inform citizens about the City's various codes and services such as the "Nuisance Hotline". Attachment A summarizes those efforts. Police Services is also moving forward with the implementation of strategies to increase training and supervision of officers assigned to party calls, closer tracking of these calls, and a pilot project to increase response to noisy party complaints during high call -load hours. Yet another strategy is that of creating a program called Community Party Partners, based on the existing CSU Party Partners program. This is an educational forum for any community member who has received a noise citation. 03 Finally, staff from Police Services and the City Attorney's Office recently met with Judge Lane to discuss procedures relating to noise violations. As a result, there is no longer a "standard" penalty below the maximum of $1,000 and/or six months in jail for an unreasonable noise violation. However, portions of the fine and/or jail sentence can still be suspended on a case -by - case basis. These charges also are now considered to be "mandatory court" so defendants must appear for arraignment. The impact of these changes, along with related internal procedural changes, will be monitored and reported at a later date. Rental Regulation: Best Practices and Other Community Programs As noted earlier, Options 2 and 3 specifically address regulation of rental housing. Staff conducted research from January — April 2004 by examining programs in other communities, with a focus on university towns with similar issues to those found in Fort Collins. Data was gathered on numerous city ordinances found in 15 communities recommended by neighbors, Council and staff (see Attachment B.) Telephone surveys were then conducted with seven communities: Boulder, CO Iowa City, IA Lawrence, KS East Lansing, MI Duluth, MN Chapel Hill, NC Blacksburg, VA Where possible, City staff talked with a staff person, landlord and resident in each community in order to gain a variety of perspectives as to each program's effectiveness. Attachment C summarizes those conversations. Several conclusions can be drawn: 1. Program goals and issues vary greatly from one community to the next. There are no easy "apples to apples" comparisons that can be quickly drawn. 2. Those communities who had some version of the Public Nuisance Ordinance stated that it was their most effective tool; staff, landlords and residents generally agreed on this. 3. Perspectives on program effectiveness varied greatly from city to city and from person to person. Iowa City, Iowa seemed to have the highest overall marks from staff, landlords and residents. Census data indicates there were approximately 19,700 rental units in Fort Collins in 2000. Of these units, approximately 7,500 are single family detached, attached, and duplex rental units located in single family zoning districts. Appendix D illustrates the distribution of single family zoning districts throughout the city. Thus any program implemented in Fort Collins will potentially have a wide impact on a variety of stakeholders, including tenants, neighbors, property owners and property managers. Rental Regulation: Options for Fort Collins The analysis that follows looks closely at two potential programs for our community: Mandatory Rental Registration with Voluntary Certification (Option 2) and Mandatory Rental Licensing (Option 3). Within each of these, several "Variations" are listed for Council's consideration. 03 E. Notify landlords and property managers of all police calls to property (regardless of citation) Pros and Cons of Mandatory Rental Registration with Voluntary Certification Pros Rental Registration - Creates a standard of accountability for all rental property owners - Increases City ability to enforce and track code violations - Landlords and property managers are notified sooner about code violations at properties - Fees cover cost of program - Low fees won't increase housing costs - Pairing with Public Nuisance Ordinance provides dual approach to Voluntary Certification - Recognizes and rewards exemplary properties - Creates and encourages higher standards - Benefits tenants by ensuring minimal and higher habitability standards met, and provides information on those Variable A: Limit to residential zones - Lower cost because fewer units - Focuses on high -nuisance call areas and properties Variable B: Mandatory parking - Gets more cars off street - Ensures adequate capacity exists for each unit in neighborhood Variable C: Create new, more enforceable occupancy limits - Could better address neighborhood concerns about over-occupancv and Cons Rental Registration - Unknown what degree of positive impact Registration alone will provide - Will be resisted by some stakeholders (property owners/managers) and/or not seen as enough by others (neighbors) - May create a perception of increasing housing costs Voluntary Certification - Unknown what percentage of property owners will opt for Certification Variable A: Limit to residential zones - Doesn't address apartments - May create perception of unequal treatment (of occupants, landlords or neighbors) Variable B: Mandatory parking - Requires inspections and related costs (see Inspections, Addendum X) FELIX - May create perception of inequality because no parking limitations for owner occupied Variable C: Create new, more enforceable occupancy limits - May increase cost of housing - May increase numbers of rentals in Pros and Cons of Mandatory Rental Registration with Voluntary Certification Pros related problems - Could remove unenforceable aspects of existing "3-Unrelated" ordinance - May stem the transition of single family owner -occupied homes into rental properties - May result in migration from single family homes into apartments or other multi -family housing Variable D: Mandatory inspection upon Registration by City or private contractor - Benefits tenants by ensuring minimal habitability standards met - Illegal units will be identified and can be mitigated and/or eliminated Variable E: Notify landlord of police calls - Landlords and property managers become aware of criminal activity at property - Can be designed so that cost of service will be covered by registration fees - Addresses ongoing request by several landlords and property managers Cons single family neighborhoods as tenants are required to find other housing - Occupancy limits do not necessarily address behaviors - May create perception of inequality because no occupancy limits for families - May penalize responsible landlords and tenants even if no problems exist - Additional resources required for investigation and prosecution - May fall short of neighborhood expectations if enforcement problems persist - Will result in under -utilization of available housing Variable D: Mandatory inspection upon Registration by City or private contractor - Higher cost to applicant and the City, increasing cost of program - May increase cost of housing - Removes major component of and incentive for voluntary Certification Variable E: Notify landlord of police calls - System not currently in place to address confidentiality, legal and logistical issues - Time intensive and costly program to implement Option 3: Mandatory Residential Rental Licensing 1. Mandatory inspection upon application for license. 2. Ongoing mandatory inspections required 3. Establishes minimum parking requirements 4. Can be designed to address issues, e.g. occupancy, parking, safety, nuisance behaviors, etc. 5. Penalties for non-compliance include revocation of license (can no longer use property for rental) 6. Licensing fee imposed to recover administrative and enforcement costs 03 7. Additional resources required: estimates range from $280,000 (biannual inspections of rental units in single family zoning districts) to $600,000 (biannual inspections of all residential rental units). Variables to Option 3 for Council Consideration A. Limit to residential zones, excluding apartment complexes of 4 units and higher B. Create new, more enforceable occupancy limits C. Inspections on a complaint basis after licensing D. Notify landlords and property managers of all police calls to property (regardless of citation) Pros and Cons of Mandatory Residential Rental Licensing Pros Rental Licensing - Increases safe housing and control over nuisance violations - Mandates property owner accountability - Acknowledges rental properties as regulated business activity - Can be designed so that fees cover cost of program - Ensures adequate parking capacity exists - Most comprehensive of all options Variable A: Limit to residential zones - Lower cost of program because fewer units - Focuses on high -nuisance call areas and Variable B: Create new, more enforceable occupancy limits - Could better address neighborhood concerns about over -occupancy and related problems - Could remove unenforceable aspects of existing "3-Unrelated" ordinance - May stem the transition of single Cons Rental Licensing - Does not in and of itself address issues surrounding behaviors and/or proof of occupancy - Strong resistance by some stakeholders (property owners, property managers, ASCSU, etc.) - Could increase cost of housing - Some properties will not be brought into compliance, forcing tenants to find alternative housing - Intensive effort and high cost to design, operate and enforce - May create perception of inequality because no parking limitations, inspections, etc. for owner occupied Variable A: Limit to residential zones - Doesn't address apartments - May create perception of unequal treatment (of occupants, landlords or Variable B: Create new, more enforceable occupancy limits - May increase cost of housing - May increase numbers of rentals in single family neighborhoods as tenants are required to find other housing - Occupancy limits do not necessarily address behaviors Pros and Cons of Mandatory Residential Rental Licensing Pros family owner -occupied homes into rental properties - May result in migration from single family homes into apartments or other multi -family housing Variable C: Complaint -based inspections after licensing - Decreases cost of program because fewer number of units inspected - Focuses on problem properties rather than well -managed properties Variable D: Notify landlord of police calls - Landlords and property managers become aware of criminal activity at property - Can be designed so that cost of service will be covered by registration fees - Addresses ongoing request by several landlords and property managers Community Outreach Cons - May create perception of inequality because no occupancy limits for families - May penalize responsible landlords and tenants even if no problems exist - Additional resources required for investigation and prosecution - May fall short of neighborhood expectations if enforcement problems persist - Will result in under -utilization of available housing Variable C: Complaint -based inspections after licensing - Does not address health and safety of all rental occupants - Some illegal or problem properties will not be identified and mitigated Variable D: Notify landlord of police calls - System not currently in place to address confidentiality, legal and logistical issues - Time intensive and costly program to implement At the March 2, 2004 Study Session Council directed staff to wait until more information was gathered before conducting community outreach on this subject. Stakeholder interest is very high, given the potential impacts of any programs pursued. Thus staff is asking for direction on the level of outreach Council wants to undertake and the nature of the feedback sought. At a minimum, staff recommends that any outreach to the community include information on the option Council has directed staff to further pursue at the April 27, 2004 study session. This would likely be in the form of press releases, fact sheets and meetings held with various stakeholder groups who express interest. A more intensive outreach would involve seeking out any and all stakeholder groups who might have an interest in the topic and asking for feedback from those parties using a variety of methods: surveys, comment forms, one-on-one and group meetings, etc. Stakeholders could be asked their opinions about various program components, including their perspectives on how each component could best be implemented. 03 APPENDIX "B" Study Session Item Date: October 12, 2004 Staff: Darin Atteberry, Steve Roy and Tess Heffernan Subject for Discussion: Rental Licensing Alternatives General Direction Sought and Specific Questions to be Answered 1. Does Council wish to proceed with the package of alternatives outlined in this document? 2. What feedback is Council seeking from citizens from this point forward? Background At the April 27, 2004 City Council Study Session Council members discussed a number of new and ongoing initiatives designed to have a positive impact on the quality of life in Fort Collins neighborhoods. At the conclusion of that discussion, Council directed staff to continue those efforts and also explore mandatory residential rental licensing. Specifically, Council instructed staff to develop an ordinance and related standards for Council consideration, look at variables to find the best "fit" for. Fort Collins, and ask the community for input on the potential licensing variables. Since then, members of the original Neighborhood Quality of Life team and other staff have conducted research into "best practices" in other communities with the goal of finding components that could work well in Fort Collins. Additionally, the team has carried out a fairly extensive outreach program designed to gain input from specific stakeholder groups and the community at large. Community Outreach and Feedback A variety of methods were used to gain community feedback on the subject of rental licensing. And as most Council members have learned, many citizens have a great deal of passion for this subject. Over 1,200 responses have been received in the past 3 months alone. Meetings were held with a variety of stakeholder groups, including landlords, property managers, neighbors, affordable housing specialists and CSU students. Additionally, a public meeting held August 30, 2004 drew between 250-275 participants. One-on-one dialogues took place through email, letters and phone calls. The City's website was utilized not only to provide information, but to provide the opportunity for participants to fill out a survey and attach any comments they wished. (We acknowledge that many citizens were unhappy about the format of the survey and regret this was the case.) A City News article was included in 60,000 utility bills, Cable 27 and traditional news media were used to inform people about the topic, and surveys and fliers were distributed at Neighborhood Night Out and other community events. 03 A summary of feedback received from citizens is included in Attachment A. Council members have received much of this information as it has been collected; however, complete copies of all feedback are available for further review if desired. There is a great deal of polarization in the community surrounding the issue of rental licensing. As might be expected, many landlords and property managers believe it to be bureaucratic, costly and ineffective. On the opposite view, many neighbors of rentals feel rental licensing will prevent the further deterioration of their neighborhoods. The community dialogue surfaced a number of key issues surrounding rental licensing. In the broadest sense, many stakeholders question the ultimate goal of rental licensing: is it designed to improve the health and safety of tenants, address nuisance behaviors, or both? In any case, the following reasons for or against rental licensing were cited. Those in favor believe rental licensing is needed because: • The quality of life in many single family neighborhoods is deteriorating at a rapid rate; something must be done • A rental property is a business and should be licensed as such • Neighbors and the City are being forced to take on role of property manager • Landlords should be held accountable for the condition of and activities at their properties • Licensing is one way to help enforce existing ordinances Those opposed believe rental licensing is not a solution because: • It is a misperception that landlords can control tenant behavior; rental licensing will not have an impact nuisance behaviors • These types of laws are intrusive and an infringement on the rights of property owners • The cost of housing will increase; transitional and lower -income residents need a place to reside at a reasonable cost and this will make rents rise • A small percentage of property owners/managers cause problems and there is no justification for additional burdens on good owners/managers/tenants The following chart shows how rental property owners/managers and neighbors of rental property answered the question, "Overall, are you in favor of rental licensing?" Tenants and other stakeholders were fairly evenly split in their support. 03 City of Fort Collins Request for Proposal Economic and Market Study INTRODUCTION The City Manager's Office of the City of Fort Collins (City) seeks an independent external Professional to conduct an economic and market study in order to answer a number of questions surrounding the current and future rental market in Fort Collins and related issues. The selected Professional will be retained by the City Manager's Office and will report directly to the Policy and Project Manager. BACKGROUND Over the past several months the Fort Collins City Council has explored a number of actions designed to improve the quality of life in Fort Collins' neighborhoods. Of particular interest and discussion is the ongoing issue of problem properties, and especially problem rental properties located in single family neighborhoods. For many years Fort Collins City Code has defined a "family' as having no more than 3- unrelated adults. This code provision has proven to be difficult to enforce. It is widely assumed that in many cases more than 3 adults rent a single dwelling unit, however the exact numbers are not known. Fort Collins does not currently regulate rental properties, however City Council is considering a number of regulatory changes, including a rental registration program and/or rental licensing program. Another change under consideration by Council is that of changing the "no more than 3-unrelated" code so that it is more enforceable. If this were to happen, it is likely that many people would be forced to find alternative housing. It is estimated that approximately 48% of Fort Collins housing is rental housing. Fort Collins is the home of Colorado State University (CSU) which has a student population of approximately 24,000. Thus, a number of renters in the vicinity of the University are assumed to be students. CSU has plans to grow in size, expanding its student population in the coming years. 11 /22/2004 On a more positive note, there are three areas where the majority of respondents are in agreement: 1. The current ordinance limiting occupancy to three -unrelated adults is not effective. It exacerbates problems because it is very difficult to enforce in its current form. This leads to deception and a perception that laws can be ignored. 2. Laws that are on the books need to be enforced, especially those surrounding nuisance issues (most commonly noise, parking and property upkeep). Both those against and in favor of licensing want to prevent neighborhood deterioration and want the City to increase its enforcement efforts. 3. More education of tenants, landlords and neighbors is needed. One tool frequently mentioned in regards to tenants is that of a lease addendum outlining the various City codes and expectations of tenants. This is discussed in more detail later in this document. Options for Council Consideration In addition to the feedback outlined above, members of the project team have spent a great deal of time delving into how other cities use rental licensing or other methods to address neighborhood quality of life issues. The City Attorney's Office alone has examined 19 codes from other communities and 7 state statutes. (A matrix outlining many of those communities and related regulations was provided to Council at the April 27, 2004 Study Session.) After much analysis of the numerous recommendations and research surrounding this subject, the project team recommends Council adopt a "package" of five components that, when implemented together, can ultimately address the majority of issues and concerns: 1. Amend the three -unrelated ordinance 03 Long Term Actions Project team members would like to continue to examine a number of other initiatives related to neighborhood quality of life. They include: • Continued expansion of enforcement efforts; Staff members are currently exploring whether grants targeting crime prevention, underage drinking and other areas could be tapped to help fund these efforts • The Board of Realtors has expressed interest in developing public/private collaborations to build additional student housing. The hope is that Colorado State University will wish to be a partner in this discussion, especially given the estimate of 5,000 additional students in the coming decade. • Explore potential incentives to encourage student renters to seek housing close to the University, minimizing the "clash of cultures" that sometimes occurs in single family neighborhoods • Police Services hopes to have the daily Case Log available online by early 2005. This will enable property owners and managers to easily and proactively check for police calls to their units, whether or not a citation is issued. • Assess the effectiveness of the components detailed in this proposal on an ongoing basis, assuming Council wishes to implement them. *Attachments: A: Summary of Community Feedback B: Example Lease Addendum C: Example Nuisance Parties Ordinance *The document containing Attachments A, B, and C is available for download on the City of Fort Collins Public Records page located at: http://citydocs.fcgov.com/. Search using "P968 Neighborhood Quality of Life", and then scroll down to "Purchasing Documents" and select the document. 03 SCOPE OF WORK The overall purpose of this economic and market study is to: 1. Test the validity of assumptions regarding the impacts of regulation of rental properties within the Fort Collins city limits. 2. Identify potential housing trends and what impact regulations will or will not have on the Fort Collins housing market. The selected Professional will deliver by February 18, 2005 a report providing responses to the following questions: What will be the impact on tenants of a strict enforcement of the "no more than 3- unrelated" ordinance? a. How many tenants are currently in violation of this ordinance and thus would be required to find alternative housing? b. Would vacancies accommodate these displaced tenants currently? Five years from now? Ten years from now? c. Will there be a change in the average cost to rent housing? Please explain. 2. What will be the impact on single family neighborhoods of a strict enforcement of the "no more than 3-unrelated" ordinance? a. Will the number of single-family rental homes increase or decline? (Or, will the number of owner -occupied homes increase or decline?) b. If the answer to "a" (above) is yes, where will these changes most likely occur? c. How will property values be affected currently? Five years from now? Ten years from now? 3. Does the ratio of owner -occupied single family homes to renter -occupied single family homes in a neighborhood have an impact on property values? If so, what is the impact? Provide examples specific to Fort Collins. 4. How will the Fort Collins housing market be affected by the Colorado State University strategy to increase enrollment by 5,000 students in the next 5 — 10 years, including proportional increases in faculty and staff? REFERENCES The following documents are attached for your use in crafting your response. They include: ITEM APPENDIX City Council Agenda Item Summary: April 27, 2004 A City Council Agenda Item Summary: October 12, 2004 B 2. The following document is available for download on the City of Fort Collins Public Records page located at: http://citydocs.fcgov.com/. Search using "P968", and then scroll down to "Purchasing Documents" to P968 Trends 2002. 3. The following document is available for viewing on the City of Fort Collins web page located at http://fegov.com/building/. Document Description: Online Zoning Map. 11 /22/2004 PROFESSIONAL QUESTIONNAIRE 1. Has your firm ever performed a project of this nature? If so, please describe up to three such projects. Specify the scope of work for the project, and the topics you were asked to investigate. Please provide three client references for your performance in this type of project. 2. Describe your firm, its history and size, the locations in which it operates and the number of employees. 3. Provide information on the principal Professional who would be responsible for this project. What is his/her professional background and experience? If you expect to utilize other personnel to accomplish the duties specified in this RFP, provide the same information requested above for each of the personnel listed. 4. Has the principal Professional performed a project of this nature? If so, please describe three such projects. Specify the scope of work for the project, and the topics you were asked to investigate, if different from those listed under item 1 (above). 5. Describe any pending litigation against your firm. 6. Describe any litigation that has been brought against your firm during the last 3 years. 7. Describe the professional liability coverage carried by your firm. 8. Beyond the stated scope of this project, what additional information would be required for the successful completion of this project? Have any vital questions or concerns been omitted? 9. Describe any problems you foresee in your ability to conduct the services described in this RFP. 10. What is your estimated cost to complete this project? Please describe the methodology used to derive your estimate. 11 /22/2004 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. Interviews required will be scheduled after January 1, 2005. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 11 /22/2004 PROFESSIONAL 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 , [insert either a corporation, a partnership or an individual, doing business as 1, 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 ( ) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 ( ) page[s], 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 ( ) days following execution of this Agreement. Services shall be completed no later than . 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. 03 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: 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 $500,000 combined single limits, and errors and omissions insurance in the amount of 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of costs shall not exceed 03 ($ ) plus reimbursable direct costs. All such fees and ($ ). 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 hereto and upon the City's approval of the Professional's actual 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. 6. Compensation. [Option 1] 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: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). 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. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project 03 containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 9. 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. 10. 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. 11. 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. 12. 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. 03