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HomeMy WebLinkAbout406009 REAL GIS INC - CONTRACT - CONTRACT - 8851395PROFESSIONAL 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 ReaIGIS Incorporated, hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of six (6) pages, Exhibit "A-1", consisting of one (1) page, and Exhibit "A-2", consisting of one (1) page, and incorporated herein by this reference. 2. Contract Period. Services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement. Services shall be completed no later than December 31, 2008. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 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: Ronald Brush, President ReaIGIS, Inc. 2627 Redwing Road #100 Fort Collins, CO 80526 City: Mike Freeman City of Fort Collins, Finance PO Box 580 Fort Collins, CO 80522 Standard Professional Services Agreement- rev06/07 1 With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Project Timeline Timeline Task 4 weeks Stage 1 — Site construction and basic mapping layers 3 weeks Stage 2 — Property search and advanced mapping layers Cost Estimate Services for this project will be billed on a time and materials basis. Description Cost Estimate Tabbed interface with three major development areas $1,750 Mapping layers on/off panel No Charge Basic mapping layers $4,375 Property search as a mapping layer $3,325 Advanced mapping layers $1,950 SUBTOTAL $11,400 Annual hosting fee $5,199 TOTAL COST ESTIMATE $16,599 Other Expenses • The client will reimburse mileage at a rate of $0.485 per mile for costs associated with travel specific to this project • Expenses including priority mail, bulk copying, binding, etc. will be billed at direct cost without markup • Third -parry purchases will be billed at direct cost plus 15% • Applicable taxes and tariffs are not included in costs and will be added as required. 10 Appendix I — Billable Rates Description Hourly Rate GIS Technician II $68.00 Project Leader $82.00 Graphic Designer $86.00 Senior Programmer $112.00 11 Appendix II — Mapping Layers Basic Details Mapping Layers Categorize current Convert the current markers into five separate categories, no new markers markers added. Approximately 60 map markers would be created that include text Schools descriptions of the school name, education level, address, and phone number. Assumes this is for Transfort only and would include map markers for three Transit routes transit centers, the proposed Mason Corridor route, and 19 other routes. Fort Collins will provide shp files of all routes. Natural areas These are already on file from a previous project. URA and DDA 3 areas. We have the Foothills URA on file from a previous project, but the redevelopment SHP files for the downtown URA and DDA area would be needed. areas Enterprise zone One zone, already on file from a previous project. Assumes a list of 25 major employers. Map markers would be created using a shared icon for each company. Short descriptions would be Primary employers included in text boxes but no logos would be used. A single address would be provided by FTC for each employer to be listed. Assumes 20 companies would be listed in each of the five targeted Targeted industries industries in Fort Collins. A total of 100 map markers would be created with a text box describing each facility. No company logos would be used. Assumes 10 map markers with a text bubble describing each facility. These Research centers will be associated with a specific target industry using the mapping layer Dane[. Advanced Details Mapping Layers Zoning/Structure shp files will be provided by the city with an aggregated data set combining Plan zoning and the structure plan. Traffic counts City GIS data will be used to overlay traffic counts at vital intersections. This will include two datasets from NFRMPO: 1) total number of households Demographics and 2) total number of jobs. Data is for the years 2005, 2015, 2025, and 2035. Mapping Layer Assumptions • A map marker (icon on the map) will include a text bubble with a short description of what the entity offers. These text bubbles would be templated for each individual mapping layer. • All map markers within a layer will contain the same icon. • All lists of locations, addresses (or approximate locations), and descriptions will be provided by the City of Fort Collins. 12 Appendix III — Terms and Conditions Terms of Payment Services will be invoiced monthly at a minimum. Payments are to be received within thirty days of the invoice date. Annual Hosting Fee The annual hosting fee is billable in advance on a quarterly basis. Scope Changes A scope change document will be sent to the client for any individual change request totaling more than $500. Smaller changes, such as the addition of items within a mapping layer, will be documented via email with the project manager. Data Ownership Any demographic data or aerial photography purchased at the client's expense will be the property of the client. Software Ownership Professional retains ownership and intellectual property of all software developed. No software is expected to be delivered as part of this project. Product Support Support, maintenance and training after the product launch date will be billed according to the rates noted in Appendix I. Cancellation The client may cancel this agreement at any time. Any services that have been performed or purchases that have been made for the client by Professional will be billed at the standard rates. Upon cancellation, the product will be delivered in its current state to the client 13 Exhibit A-1 Scope of Work Interactive Mapping Proposal Proposal for Modifications January 8, 2008 The City of Fort Collins has requested the following changes be made to the interactive Google Map targeted towards economic development in the City's core development areas. The link is displayed on hftp://www.fcgov.com/business. Basic Site Updates The following change requests would be included in this round of updates: • Change the term "Density" to "Growth" in the demographics section of the map legend • Remove the police department icon from the LaPorte Avenue location • Add the Development Review Center (281 N. College Ave) to the Business Support Layer • Add the Utilities Service Center (700 Wood Street) to the Business Support Layer • Add the CSU Foundation Research Campus (SW corner of 1-25/Prospect) to the Clean Energy Cluster layer • Add Coyote Ridge Elementary School to schools layer • Remove the "Potential Development Projects" layer from the Developable Land layer group Estimate: $475 Add Date Traffic Counts were Taken The date that the specific count was taken will be added to the descriptive bubble that opens when the icon is selected on the map Estimate: $350 Add Land to the Property Search Layer In addition to viewing Office, Retail, and Industrial properties from the Northern Colorado Commercial Association of Realtors, the user would also be able to search for land. The category will be broken down into four or fewer categories to be determined by the client (sales VS lease, size). The functionality will be identical to the existing property layers on the site. Estimate: $4150 14 Exhibit A-2 Scope of Work Interactive Mapping Proposal Change Order August 14, 2007 Professional is requesting approval from the City of Fort Collins on additional project costs for the following item: Add Real Estate Broker to Property Listing Bubbles Under our current data structure, only fields pertaining to properties, lease items, and sale items can be pulled from the XML file that feeds the property listing bubbles appearing on the map. Data from the table containing broker information is not currently included in the XML file. To meet the City's request that broker contact information be available for each property. Professional will be required to alter the data exchange taking place to include fields from the broker table. Additional Cost: $900 (Billed on a time and materials basis, not to exceed this amount) I Li¢F_a+_ $130nFg M¢i Cry '. ne aip �P+« a n.:,F 1 4Te 9.za F, SF. P "F XVWnLL SF' [ti000 SF A �7111 nr,-stag' 1 L' Y'GC�9C� 1s 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. 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 on a time and reimbursable direct cost basis according to the Cost Estimates provided in Exhibit A, Exhibit A-1, and Exhibit A-2; with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty - Two Thousand Four Hundred Seventy -Four Dollars ($22,474.00) without prior written consent of City Project Manager. 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 Standard Professional Services Agreement- rev06/07 2 Professional shall become the sole property of the City. 6. City Representative. The City will designate, phorto 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 forwithholding any portion of Professional's compensation hereunderfor 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- rev06/07 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 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 parry'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- rev06/07 4 16. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., at. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work Standard Professional Services Agreement- rev06/07 under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev06/07 THE CITY OF FORT COLLINS, COLORADO By: (\ / am s B. O'Neill II, CPPO, FNIGP Director f urchasing & Risk Management DATE: ReaIGIS Incorporated /� � By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: -yam • 3 wo%� ATTEST: (Corporate Sea[) Corporate Secretary Standard Professional Services Agreement- rev06/07 Exhibit A Scope of Work Interactive Mapping Proposal Executive Summary Professional proposes to expand the current online mapping interface on the city website to include more advanced search functions for the end -user. These search functions are primarily targeted at attracting retailers to Fort Collins and retaining the sales tax base. Statement of Qualifications Professional will provide "GeoMarketing" expertise by applying Geographic Information Systems (GIS) technology to the Economic Development and Real Estate industry through web -based mapping, visualization, demographics, data integration and other state-of-the-art location -based technology solutions. Founded in 2005, Professional is a spin-off company from New Century Software Inc., a company based in Fort Collins, Colorado since 1995. New Century Software is a premier provider of GIS software and services in the oil and gas pipeline industries. Professional has access to a number of resources and staff that are experienced in many aspects of business and technology. Our staff and partners have expertise in the following areas: • Web mapping application development using AJAX technology • Google Earth presentation focused on land development • Desktop and web application design, development and administration • Geographic Information Systems development and management • Database management (including database administration, database design, data collection, data integration and GIS database implementation) • Graphic design, 3-D visualization and architectural photography • GIS production (including automated mapping, data conversion, GIS data integration and analysis) Scope of Service Professional proposes to complete this project in two separate stages. Stage 1 Grid Style Interface Below the map, there will be a grid -style view of all eight commercial development areas within the city. Each development area will include a short text description of the area. When a user clicks either the development's title or the magnifying glass icon, the map will re -center on that development area Mam)inq Lavers On/Off Panel A navigation panel will be added to the right side of the map giving users the opportunity to turn selected layers on or off. Basic Mapoing Lavers (see Appendix Ill A number of new mapping layers have been identified as a way to highlight community strengths and to give more detail about the geographic/political layout of the city. Those layers will be added to the Mapping Layers Panel described above, and include: • Categorize current markers (fire, police, recreation, etc) • Schools • Transit routes • Natural areas • Targeted redevelopment areas (URA, DDA) • Enterprise zone • Primary employers • Targeted industries • Research centers • Business support • Bike trails • Developable land Stage 2 Property Search by Mapping Laver Instead of using a traditional property search form, properties will be pre -categorized and displayed as layers on the map. For example, a user will click "mid -sized retail' and those properties will be added to the map. Professional will do a nightly download of the properties from the Northern Colorado Commercial Association of REALTORS (NCCAR) database and assign them to pre -designated categories. Property details will be viewed in a text bubble on the screen, without providing detailed property reports. In the cost estimate, pricing is based on 3 data sets with three options each. For example, 'retail space" would be a data set with "small', "mid", and 'large" being three options. With the addition of the automated nightly uploads our standard annual hosting fee of $5,199 would go into effect. Advanced Mapping Lavers (see Appendix Ill Getting larger files converted into Google Maps is a more time intensive project. The following layers have been identified as requiring additional programming time to properly convert them into usable KML files. • Zoning/Structure Plan • Traffic counts • Demographics — number of households per sub region according to NFRMPO data • Demographics — total number of jobs per sub region according to NFRMPO data