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HomeMy WebLinkAbout352282 PMG ASSOCIATES - CONTRACT - RFP - P975 NORTH COLLEGE AVENUE CORRIDOR MARKET ANALYSISPROFESSIONAL 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 PMG Associates, Inc. , hereinafter referred to as "Professional". W ITNESSETH: 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 four (4) 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than May 31, 2005. 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: Professional: City: With Copy to: PMG Associates, Inc. City of Fort Collins Cit of Fort Collins, Adv. Planning Attn: Kathleen R. Gonot Attn: Purchasing Attn: Clark Mapes 2151 West Hillsboro Blvd, Ste 301 PO Box 580 281 N. College Ave. Dearfield Beach, FL 33442 Fort Collins, CO 80522 Fort Collins, CO 80524 EXHIBIT B NORTH COLLEGE AVENUE MARKET ANALYSIS - PROJECT TIME SCHEDULE Task Data Collection Market Demand Strengths and Weaknesses Identification of Uses Relationship with other areas Plan for the Future Role of the URA Partnership/Incentive Program CoordinationIPublic Input = Meeting dates EXHIBIT C PROJECT COST ESTIMATE AND HOURLYCOMMITMENT PMG Associates, Inc. proposes the following fee schedule for the North College Avenue Market Analysis. The estimate of costs is based on the approach provided and three committee meetings and one presentation to the City Council. The job titles of the staff and the hourly commitment is included. Billable Rate Total $125 $ 3,000 t jjj F $125 $10, $12al st $50 $ 900 Graphics Technician 18 $50 $ 900 TOTAL 180 $19,800 Direct Expenses $ 5,000 Total Cost $24 ,800 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: $125 HR Project Manager $125 HR Project Economist $125 HR Project Planner $ 50 HR Management Analyst $ 50 HR Graphics Technician Reimbursable direct costs: as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty Four Thousand Eight Hundred Dollars ($24, 800). 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 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 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: JqmeA B. O'Neill II, CPPO, FNIGP Director "rchasing & Risk Management DATE: PMG sociates, Inc. By: VAA, Title: l�1�r� /%�� 7- CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTES Corporate Seal) Co porate Secretary EXHIBIT A SCOPE OF SERVICES TASK 1. Data Collection 1.1 Demographic Data Demographic information will be obtained from Claritas, and will include the following: • Detailed demographic information including numbers, age, income, occupation and housing characteristics. Seasonal impacts, such as from the University population and summer recreation traffic, will also be included. • Retail activity including all purchasing activity by the residents of the relevant study area(s) by type of spending • Business activity for all industries by two -digit SIC including number of businesses, sales and employment • Propensity to spend for all goods and services 1.2 Inventory of Land Uses Land Use data will be provided by the City of Fort Collins and will include the number of parcels, use of the land and an inventory of businesses, by type. The City of Fort Collins will provide mapping and data support as well as the input of the vision, goals and policies for the study area. 1.3 Survey of Businesses A survey of businesses will be conducted to determine the existing conditions of the market and the future needs. The businesses will be contacted to provide data regarding their customer base and any long-term goals. 1.4 Origin -Destination Data CDOT will be contacted to provide Origin -Destination modeling data, which will define the traverse population along North College Avenue. TASK 2. Market Demand 2.1 Housing demand Housing will be determined by examining the demand for new housing units based on expected growth in the study area and the entire region. Regional demand will be allocated to the study area based on the ability to supply the specific needs of the population. Demand analysis will focus on the types of units, size and value. 2.2 Commercial Demand Commercial activity will projected based on the following factors. • Disposable income of the community (current and projected) • Spending by workforce that comes into the area (current and projected) • Spending by the population that traverses the area • Ability to attract the spending from the various groups. • Measurement of the "lost spending", which is defined as the retail spending by residents outside of the study area due to the lack of shopping availability inside the study area. The demand will be presented in square feet of space that can be absorbed. The time frame for this absorption will also be defined. 2.3 Industrial Demand Industrial demand will be measured through an examination of the ability of the study area to meet the locational needs of the specific industries. Elements such as transportation, workforce and suppliers will be identified and matched against the needs of the specific industries. The types of industries that are suited to the area will be defined. TASK 3. Strengths and Weaknesses 3.1 Identify Strengths and Weaknesses The specific strengths and weaknesses of the study area will be identified which assess the impacts on economic redevelopment in the study area. The characteristics of the community will be identified which will include the physical, regulatory and human elements. Specific items include: • Land use configuration • Zoning ordinances and other development regulations that impact growth • Environmental issues such as brownfields, etc. • Appearance • Undesirable uses • Education and training of the workforce • Transportation access • Unique opportunities TASK 4. Identification of Uses 4.1 Identify Under -Supply and Over -Supply Determine the amount of under -supply (Not enough of) and over -supply (Too many of) the businesses in the study area. Under -supply focuses on the basic needs of the community and the extent to which these needs are met. Over -supply addresses the concentration of uses that exceed the demand of the study area community. 4,2 Identify Incompatible Uses Identification of the types of businesses or industries that are not compatible with the long-term development of the community. Specific methods to reduce or eliminate these types of industries will be discussed. 4.3 Targeted Business or Industries A definition of the types of businesses that should be attracted to the study area will be provided. TASK 5. Relationship with Region, Downtown and Other Surrounding Communities 5.1 Regional/Local Trends Trends that that been identified in the region, and their impact on the North College Avenue Corridor will be discussed. The relationship to the future growth will be examined. Trends that exist south of the study area (Old Town and other parts of the City) will be identified. Programs from the DDA and other groups will be considered for their impact on the study area. 5.2 Change in Demo rag nhics Any changes in the demographics of the area created by future development will be identified. TASK 6. Future Plan 6.1 Recommendations for Growth The results of the market analysis will be summarized into a recommendation for the types of development that should occur in the study area. The recommendations will be based on the market analysis, the concerns of the residents and land owners in the study area and the compatibility of uses. 6.2 Review of Vision, Goals, and Policies The existing vision, goal and policies of the URA will be examined to determine if they match the realities of the market study and the analysis of the redevelopment area. If differences do exist, recommendations for changes will be made. TASK 7. Role of the URA 7.1 Review the Functional Capacity of the URA Examine the current structure of the URA to determine if the organization can complete the tasks of redevelopment. Recommend changes in the structure, if required. Included in the review will be an analysis of the funding sources of the URA 7.2 Project Tax Increments Based on the future development, projections of Tax Increments will be made. These projections will be generated through estimates of the values of the property and the sales volumes of retail items. 7.3 Action Plan An Action Plan will be prepared that will identify the specific tasks to be completed by the URA and the most appropriate time frame. The Action Plan will include a prioritization of the tasks TASK 8. Partnership/Incentive Program 8.1 Establish a Partnership/Incentive Program The URA should establish a program for public/private partnerships and/or incentive programs to encourage redevelopment efforts. The principal element of any program is the basis for selection and award of the contract or incentive. Criteria will be established that identifies the type of project, the rate of return to the URA or municipality and information to be supplied for the purpose of making an informed decision. TASK 9. Coordination, Public Input, Meetings, and Presentations 9.1 Coordinating Committee The City of Fort Collins will form a study coordinating committee that includes City staff and members of the community. Presentations of progress will be made to this group and feedback into the process will occur. 9.2 Trips to Fort Collins The Consultant will commit to a minimum of four trips for meetings, presentations, and other tasks that require or benefit from local presence. The operating premise for both the Consultant and the City is to accomplish the project with four trips if possible; however the Consultant will commit up to two additional meetings if unforeseen circumstances occur which require more local presence.