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HomeMy WebLinkAbout310503 ECONOMIC & PLANNING SYSTEMS INC - CONTRACT - AGREEMENT MISC - ECONOMIC & PLANNING SYSTEMS INCPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Economic and Planning Systems, 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 three (3) 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. Contract Period. The services to be performed pursuant to this Agreement shall be initiated upon execution of this Agreement. Services shall be completed no later than November 30, 2010. 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: Standard Professional Services Agreement- rev03/10 1 Task 5: Property and Sales Taxes EPS will estimate the annual property taxes associated with the reductions in development value at buildout for each development ownership and subarea. Annual forgone sales taxes will also be estimated for retail/commercial properties. The loss of potential TIF revenues will be quantified for the North College URA area. Task 6: Reports and Presentations EPS will summarize its analysis and conclusions in a concise memorandum report. A draft report will be submitted with changes completed within one week's receipt of comments. Two staff meetings (one at project initiation and one to review the draft report) and one city council presentation are budgeted. Task 7: IMPLAN Model (Optional Task) If requested by the City, EPS will quantify the indirect and induced economic impacts of the reduction in construction/market value on the Fort Collins metro area economy using the IMPLAN model. EXHIBIT B FEE SCHEDULE Proposed Budget EPS agrees to complete the above work plan by November 30, 2010 assuming a notice to proceed by October 1, 2010, on a time and materials basis not to exceed $30,000. The approximate level of effort by task and staff level is shown in Table 1. Table 1 Level of Effort by Task Fort Collins Floodplain Economic Impact Analysis Principal EPS Staff Research/P Associate roduction Total Billing Rate $210 $115 $85 Labor Costs Task 1: Project Initiation 8 8 0 $2,600 Task 2: Field Reconnaissance 8 16 4 $3,860 Task 3: Stakeholder Interviews 16 16 4 $5,540 Task 4: Direct Economic Impacts 10 24 4 $5,200 Task 5: Property and Sales Taxes 4 8 4 $2,100 Task 6: Reports and Presentations 16 16 8 $5,880 Task 7: IMPLAN Model (optional task) 8 16 8 $4,200 Total 70 104 32 $29,380 Reimburable Expenses Mileage (6 trips @ $70) Miscellaneous (postage, overnight delivery, rental car) Total Total Project Costs Source: Economic & Planning Systems G:120888-Fon Collins noodpWin EIAk[20889-pbutl_9-23xls]BUDGE7 $420 $200 $620 $30,000 11 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City') pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional: City: With Copy to: Economic and Planning Systems, Inc. City of Fort Collins City of Fort Collins Attn: Daniel Guimond Attn:Josh Birks Attn: Purchasing 730 17th St. Suite 630 PO Box 580 PO Box 580 Denver, CO 80202-3511 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Proiect 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. 6. 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 Nine Thousand Three Hundred Eighty Dollars ($29,380.00) plus reimbursable direct costs in the amount of Six Hundred Dollars ($600.00). All such fees and costs shall not exceed Thirty Thousand Dollars ($30,000.00) performed in accordance with the Fee Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 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 Standard Professional Services Agreement- rev03/10 2 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. 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 hereunderforthe 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 forthe 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 Standard Professional Services Agreement- rev03/10 3 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. Bindinq 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. 16. Prohibition Aqainst Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the a -Verify 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 Standard Professional Services Agreement- rev03/10 4 Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional 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. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. e. Professional 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. f. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev03/10 5 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) pages, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev03/10 6 THE CITY OF FORT COLLINS, COLORADO By: 9 N i- Ja es B. O'Neill II, CPPO, FNIGP Direct f Purchasing &Risk Management DATE: A� / I Economic and Planning Systems, Inc. By: , Title: r 4,f - CORPORATE PRESIDENT OR VICE PRESIDENT Date: 1e,11 T / / Z) ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev03/10 7 EXHIBIT A SCOPE OF SERVICES PROPOSAL Project Understanding and Approach The City of Fort Collins is evaluating its current floodplain regulations and has proposed modifications to address health and safety issues that would potentially affect existing as well as zoned and approved future development uses. The City has requested EPS conduct an economic impact analysis to estimate the loss of development value to existing property owners within the areas to be designated unbuildable under the proposed regulations. The City's existing regulations prohibit all structures within the floodway, residential structures within the 100-year floodplain, and critical facilities within the 500-year floodplain. The Utilities Department conducted an evaluation of the existing standards and has identified three options for decision by City Council in February: 1. No changes, 2. Redefining the floodway definition to a 1/loth foot rise, or 3. No structures within the 100-year floodplain. The City Water Board has recommended the third option above, which would affect the greatest number of development parcels. Currently, nonresidential structures are permitted in the 100- year floodplain. The proposed regulations would prohibit new commercial buildings or expansion of existing structures within the 100-year floodplain boundary. There are four major subareas identified to be impacted by the proposed regulations including: • A portion of the North College Urban Renewal Area to the north of the downtown area, • The Lincoln Green Golf Course redevelopment parcel near Lincoln and Lemay, • An area east of Lemay Avenue and south of Mulberry Street, and • A portion of the WW Reynolds Office Park, Neenan Medical Clinic, and other business park uses north and south of Prospect Avenue. The initial scope of work is to estimate the direct impacts due to the reduction in development capacity and associated market value and assessed value, by ownership and in total for each subarea. The City has compiled base data by parcel in GIS from County Assessor files. EPS will tabulate the base parcel data by ownership, development plan area, and/or zoning category in order to estimate the amount of future development capacity that is affected in terms of housing units and/or square feet of development by land use category. We will then convert this development capacity to market and assessed values using comparable sales and other market factors. The assessed valuation of the affected properties will be converted to property taxes for all jurisdictions. The loss of city sales tax revenues will also be estimated for any potential retail commercial properties. For the area within the North College URA, we would also estimate the impact of the reduction of future development on property and sales tax increment revenue potentials. There are also other individual parcels or clusters of parcels elsewhere along the Poudre Corridor outside of the four identified subareas that account of an estimated 15 percent or less of the Economic & Planning Systems, Inc. 1 20339wp_9-23.doc total development affected. These parcels will be evaluated on a more cursory level by tabulating the total number parcels, acreage development uses and zoned by unbuilt capacity with average market values applied to each category. EPS will also meet with the affected property owners and any existing business or property owner organizations in each area. The initial contact will be to review the proposed regulations and discuss any issues or concerns to be addressed in the analysis. We would also follow up with our estimates of development impacts after Task 4 if additional review is needed to refine the numbers. If requested, EPS will estimate the indirect and induced economic impacts of the potential loss of economic activity due to the new regulations using the IMPLAN input-output model. This effort is listed as an optional additional task at this time. Scope of Work Task 1: Project Initiation EPS will meet with the City project team to review the project work plan and schedule. We will also review the proposed floodplain policies and the development areas affected by the changes, obtain the affected property parcel database and aerial photography, review and confirm the properties to be affected, and identify any outstanding issues or concerns to be addressed in the analysis. If any modifications to the work plan are required, they will be made subject to the approval of the City. Task 2: Field Reconnaissance EPS will conduct a field inventory and reconnaissance for the identified sub -areas to compare existing conditions to existing zoning and approved development plans. The relationship between the affected development parcels and surrounding land uses will be noted for consideration in applying market values and timing assumptions in the calculations of economic impact. One day of field research is budgeted. Task 3: Stakeholder Contacts EPS will meet with the major affected property owners, developers and business associations in the four identified subareas to review the existing developments, ODPs, and other development plans and to identify and discuss the impacts of the proposed regulations on their properties. A total of up to 10 meetings are assumed comprising two days of time. We would rely on City staff to contact the affected parties and set up meetings. Task 4: Direct Economic Value EPS will estimate the economic value of the development parcels and ownerships affected by the proposed floodplain changes. The square feet of commercial uses and the number of housing units will be quantified based on ODPs, or if none exist, based on existing zoning and average density levels determined from surrounding land uses and other pertinent market factors. Market values will be determined from previous market research, comparable sales, and developer inputs. Assessed values will be quantified based on average market values and an estimated discount factor. Economic & Planning Systems, Inc. 2 Proposal