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HomeMy WebLinkAbout352282 PMG ASSOCIATES - CONTRACT - RFP - 26822 P1009 NORTH COLLEGE BUSINESS DISTRICTPROFESSIONAL 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 six (6) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence within five (5) days of signing and shall continue in full force and effect until December 31, 2006 unless sooner terminated as herein provided. 3. 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, CPES City of Fort Collins, Purchasing Attn: Kathleen R. Gonot Attn: Clark Mapes PO Box 580 2151 West Hillsboro Blvd, Ste 301 281 N. College Ave. Fort Collins, CO 80522 Deerfield Beach, FL 33442 Fort Collins, CO 80524 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. 1 Standard Professional Services Agreement- January, 2005 5.2 Public Projects The City shall assist the Consultant in compiling a list of identified public improvements recently completed or under construction as well as projects which are budgeted but not yet under construction. These improvements may include: drainage, roadway enhancements, roadway construction, flood control, parks, social services, etc. The City may map this information, if needed. Products a. Consultant will identify new and anticipate private development projects. b. The City will assist the Consultant in preparing a list of planned or anticipated public infrastructure improvements, including future street right -of way needs. C. The City may map the above information, if needed. Task 6.0 Action Plan Objective: Preparation of an Action Plan to be used by the City and North Fort Collins Business Association to stimulate development and redevelopment. 6.1 Identification of Priority Properties a. The Consultant will identify four (4) to five (5) key properties or potential property assemblages. The key properties will be those which would have the greatest impact on development/redevelopment efforts with minimal need for changes to current conditions. Every effort will be made to prioritize properties that are already appropriately zoned for uses identified in the North College Area Market Analysis, need minimal (if any) infrastructure improvements, and have owners that have indicated a willingness to sell or participate in property assemblages. b. Consultant will provide the information necessary for the City to prepare a map indicating the priority projects areas. Products a. Action Plan b. List of priority properties C. Map of priority properties 1-Overall map of area showing possible projects 2-Individual maps of each possible project 10 Standard Professional Services Agreement- January, 2005 Task 7.0 Final Report 7.1 Final Report Consultant shall complete a Final Report which shall be a single document including all findings, data lists, tables, maps, text and the Action Plan as outlined in previous Work Tasks. Products: a. Final Report Format: All text, charts, tables, maps and any other graphic material, will be provided to the NFCBA and the City in a hardcopy and digital format. Digital textual material will be provided in Microsoft Word and/or Microsoft Excel. Standard Professional Services Agreement- January, 2005 11 EXHIBIT B North Fort Collins Business Association Action Plan Cost Allocation TASK DESCRIPTION COST 1 Project Organization $1,530 2 Data Collection $29170 3 Land Use and Zoning Database $3,400 4 Questionnaire $4,750 5 Projected Plans and Developments $10750 6 Action Plan $29450 7 Final Report $3,950 TOTAL $20,000 Standard Professional Services Agreement- January, 2005 12 4. 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 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. 5. Compensation. 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 Twenty Thousand Dollars. The parties acknowledge that Shapins Associates are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by this subcontractor exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 2 herein shall apply to all rates listed in Exhibit "B" including subcontractor rates. 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. Standard Professional Services Agreement- January, 2005 2 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. Project 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 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. Standard Professional Services Agreement- January, 2005 3 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 often (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- January, 2005 4 THE CITY OF FORT COLLINS, COLORADO By: ``�► am s B. O'Neill II, CPPO, FNIGP Direc orQ0j.,Purchasing &) Risk Management DATE: G A) occi es, I Title: FVl CORPORATE PRESIDENT OR VICE PRESIDENT'" " Date: (Corporate Seal) Standard Professional Services Agreement- January, 2005 5 EXHIBIT A North Fort Collins Business Association Action Plan Scope of Services This Scope of Services sets forth the methodology and approach to the work to be performed by PMG Associates, Inc., and Shapins Associates (Consultant) for the preparation of an inventory of land in the North College Avenue Urban Renewal Area (URA) and an Action Plan for the North Fort Collins Business Association (NFCBA) and the City of Fort Collins (City). The Scope of Services will also indicate which work items the Consultant will require assistance from the City and/or NFCBA in order to be completed. Task 1.0 Project Organization Objective: To organize the project in a fashion which clearly delineates the goals and objectives of the work and the preparation of a clear and succinct project scope and schedule that will lead to the development of the Action Plan. 1.1 Project Organization a. Consultant and the City's project management team (including representatives from the NFCBA) will meet to detail expectations and a final timeline of deliverables and key benchmarks. b. Consultant shall meet and interview appropriate City staff regarding existing documents and reports related to the Urban Renewal Area (URA). Consultant will obtain other relevant information in the City's possession at this time. C. Consultant will review pertinent planning documents. Products Final project schedule Task 2.0 Data Collection Objective: To prepare a full and comprehensive list of property owners and prepare map(s) showing ownership of properties in the area. 2.1 Obtain and Interpret data from County Assessors Office The County Assessor's Office will be the key data source for this task a. The City will provide the Consultant with the necessary base maps of the area, including parcels and street addresses, to assist in data collection. b. The City shall assist the Consultant in obtaining parcel specific data from the County Assessor's Office outlining ownership of all parcels. Standard Professional Services Agreement- January, 2005 6 C. Consultant shall review and assess data from the County Assessor's office and will interpret data to determine the physical location of property owners (i.e., local ownership, in -state ownership, out of area ownership). d. If needed, the City will prepare a map that indicates the parcels in the area owned by persons in each category of ownership (i.e. local ownership, in -state ownership, out of area ownership) Products a. Consultant produced list of Ownership home locations b. City produced map of Ownership's home locations (if needed). Task 3.0 Land Use and Zoning Database Objective: To determine, list and map the land use and zoning of all properties, the status of site improvements, infrastructure deficiencies, and information on sales of land and businesses in the URA. 3.1 Interviews with City Staff Consultant shall interview City staff members to gather relevant data related to land use, zoning, business licenses, and other pertinent information. The City will provide the Consultant with the necessary informational maps of the area, including preliminary existing land use, zoning, businesses licenses, etc. necessary for this task. 3.2 Site Visitation Consultant will perform an on -site visitation to determine or verify current uses of land (i.e., residential - owner occupied or rental, commercial - wholesale or retail, etc.) as well as to determine current status of improvements and infrastructure). A checklist will be prepared and completed for each property that outlines various items for review related to site improvements and infrastructure. This checklist will provide for a standardization of condition review for all elements identified (i.e. conditions or landscaping, building facade, parking lot, drainage, lighting, etc.). (This visitation will be conducted in conjunction with the door-to- door survey, Task 4.2 below). Information collected will be appropriately reported. Standard Professional Services Agreement- January, 2005 3.3 Data Review Consultant shall review information obtained from City, County Assessor's Office, and other governmental sources, as well as through the questionnaire portion of Task 4.2 (below) to determine recent land sales and business sales. Data obtained will be utilized to determine costs per acre and per square foot for appropriate transactions. This data will be presented to the City for the preparation of maps or other graphics. Products a. The Consultant will develop tables outlining information collected. b. The City will produce a map and/or other graphics appropriate to depicting land use subcategories and current zoning. C. The City will produce a map and/or other graphics appropriate depicting recent sales of businesses/land. d. The City will produce a map and/or other graphics appropriate depicting current status of improvements and infrastructure needs. Task 4.0 Questionnaire Objective: To gather input from property owners and business operators in the URA regarding their willingness to sell their property, participate in property assemblages, relocate their business, expand their business, and other such relevant questions. 4.1 Creation of Questionnaire a. Consultant shall prepare a questionnaire for use with business operators and property owners to determine level of interest in development and redevelopment opportunities. Questions will include, but not be limited to: • Those related to willingness to sell or relocate, to participate in owner assemblies, • Those willing to sell to the URA or a private party and under what circumstances, • Are there business expansion opportunities available to business, if they have considered relocation, etc. b. Approval of Questionnaire by the City and the NFCBA. Standard Professional Services Agreement- January, 2005 8 4.2 Implementation of Questionnaire a. The City and the NFCBA will take the necessary steps (letters, emails, telephone contacts, notices, etc.) to advertise, promote, and otherwise encourage participation by property owners and business operators in the door-to-door survey to be undertaken by the Consultant. b. Consultant shall conduct a door-to-door survey using the questionnaire (developed under Task 4.1 above) during on -site visitation with property owners/business operators (in conjunction with Task 3 above). The major purpose of the survey will be to determine the information necessary to complete the Action Plan (Task 6 below). If necessary, the Consultant will use bi-lingual professional level staff that can address those that need to be interviewed in Spanish. C. Property owners/business operators out of the local area or those not available during on -site visits shall be contacted by telephone where reasonable research on the part of Consultant can locate a contact person and phone number. d. Results of Questionnaire will be compiled. Products a. Questionnaire b. Consultant will provide information so the City can map, if needed, the sites with willing sellers. C. Report on Questionnaire results. Task 5.0 Projected Plans and Developments Objective: To gather and map data on new and anticipated development projects in the URA and to map locations of new and anticipated public projects. 5.1 Private Projects The City shall assist the Consultant in compiling a list of new and anticipated private development projects. This list shall include those recent projects completed or under construction as well as projects for which permits or approvals have been obtained but the project has not commenced and projects which are publicly known and anticipated but may not have completed the approval process. These development projects may include: residential, commercial, and industrial projects. The City may map this information, if needed. Standard Professional Services Agreement- January, 2005 9