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HomeMy WebLinkAbout369918 ECONOMIC & PLANNING SYSTEMS - CONTRACT - AGREEMENT MISC - ECONOMIC AND 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". 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 two (2) 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 January 31, 2011. 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 EXHIBIT B FEE SCHEDULE PROFESSIONAL agrees to complete the above work program on a time an materials basis not to exceed $15,550 by January 4, 2011. The estimated level of effort by task and staff level is shown in Table 1. Table i Proposed Project Budget East and West Neighborhood Economic Impact Analysis Principal EPS Staff Research/P Associate roduction Total Billing Rate $210 $115 $80 Labor Costs Task 1: Project Initiation 8 8 0 $2,600 Task 2: Neighborhood Market Values 4 8 4 $2,080 Task 3: Financial Analysis 4 16 4 $3,000 Task 4: Estimated Impacts 8 24 4 $4,760 Task 5: Report and Presentation 8 8 4 $2,920 Total 32 64 16 $15,360 Reimburable Expenses Mileage (2 trips @ $70) $140 Miscellaneous (postage, overnight delivery) $50 Total $190 Total Project Costs $15,550 Source: Economic & Planning Systems G:\20903-Fort Collins EIA\[20903-pbud_12-3.xls]Reduced Parcels EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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:Joe Frank 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, 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. 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 Fifteen Thousand Three Hundred Sixty Dollars ($15,360.00) plus reimbursable direct costs in the amount of One Hundred Ninety Dollars ($190.00). All such fees and costs shall not exceed Fifteen Thousand Three Hundred Fifty Dollars ($15,550.00) 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 Standard Professional Services Agreement- rev03/10 2 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. 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 Professional. The services to be performed by Professional are those of an independent Professional 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 Standard Professional Services Agreement- rev03/10 3 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. 16. Prohibition Against 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 e-Verify program created in Standard Professional Services Agreement- rev03/10 4 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 "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 subProfessional 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 subProfessional performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subProfessional and the City within three days that Professional has actual knowledge that the subProfessional is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subProfessional if within three days of receiving the notice required pursuant to this section the subProfessional does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subProfessional if during such three days the subProfessional provides information to establish that the subProfessional 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. 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. Standard Professional Services Agreement- rev03/10 5 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. 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 v By: Ja es B. O'Neill II, CPPO, FNIGP Directo o Purchasing & Risk Management DATE: ( 2-1 �4 7�2 1-";.D Economic and Planning Systems, Inc. Title: AQJ�Ouc 1t2�1�tri/i1���yrYl�leiiy����1i1.7►�1�WiS4— LWI�C�� Date: ATTEST: (Corporate Seal) Co orate Secretary Standard Professional Services Agreement- rev03/10 EXHIBIT A SCOPE OF SERVICES The City Planning Department has proposed changes to the zoning code regulating home sizes in the historic East and West Side Neighborhoods. The proposed regulations in the Neighborhood Conservation Low (NCL) Density district would limit the maximum home size to 2,000 square feet or 150 percent of the average size of an existing home on the applicable block face but not to exceed a 0.40 FAR in either case. The proposed regulations in the Neighborhood Conservation Medium (NCM) Density district would limit the maximum home size to 2,000 square feet or 150 percent of the average size of an existing home on the applicable block face but not to exceed a 0.50 FAR in either case. The City has requested an economic impact analysis of the proposed regulations to be completed for the January 4, 2011 City Council meeting. The proposed changes take a form -based zoning approach to development potential and regulate density based on its context and relationship to adjacent uses. This differs from the existing zoning that treats all properties in a more uniform manner but there are still differences based on lot size. The new proposed regulations would affect the ability of individual homeowners differently. Some will be able to build a large addition or new home (through a scrape -off) while others will be precluded from making any major additions to the existing square feet of building area. This economic impact analysis will estimate the number of parcels/homes that would be limited by the new regulations from making a significant expansion of their property. PROFESSIONAL will estimate the number of property owners who would be 1) precluded from feasibly building a new home on an existing lot through a scrape -off and 2) precluded from feasibly building a significant home expansion (defined as a 1,000 square foot addition or other figure to be agreed on) by the proposed regulations. The determination of feasibility will be estimated using a financial analysis of the costs and supportable sales prices. This analysis simply measures what the expected changes in development potentials would be under the proposed regulatory change. It does not attempt to forecast the number of property owners would seek to redevelop nor does it attempt to characterize the estimated impacts as either positive or negative, as that determination is dependent on the perspective of the audience. Scope of Work Task 1: Project Initiation PROFESSIONAL will meet with City staff to review the proposed regulations and collect any relevant background data. We will review and refine the City's individual lot calculation spreadsheet to determine the maximum building size under the existing and proposed zoning regulations as well as the net change in the maximum square feet of building. The lot changes will be grouped by the square footage reduction (or addition) and by percent change in maximum building size by block and by neighborhood. Task 2: Neighborhood Market Values PROFESSIONAL will estimate average market values per square foot for lots and homes in the East and West neighborhoods for purposes of testing feasibility scenarios. We propose to use values from Assessor data to estimate the market values of existing homes. We will rely on tabulations of the limited number of home sales for scrape -offs and any vacant lots to estimate buildable lot values. We will estimate the average market value for additions and redevelopments from project comparables and developer inputs. Task 3: Financial Analysis PROFESSIONAL would develop a static financial pro forma model for testing the feasibility of alternative developments. Based on neighborhood market values, the model will have inputs for land price, hard and soft costs, fees, and developer profit. Multiple scenarios will be created to determine the feasibility of redevelopment options. We would use the scenario analysis to test the feasibility of the redevelopment and expansion options desired in the market and determine the size thresholds below which a feasible development option is not possible. Task 4: Estimated Impacts PROFESSIONAL will compare the required square footage of the feasible redevelopment and expansion alternatives to the allowable square feet under the proposed regulations. We will then determine the number of lots that would be restricted from building what has been determined to be marketable redevelopment and expansion options. The number and percentage of parcels affected will be summarized by neighborhood. Task 5: Report and Presentation The analysis and conclusions will be summarized in a concise memorandum report with attached tabulations. One presentation to City Council is included. Any other presentations will be billed on a time and materials basis.