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HomeMy WebLinkAbout8248RESOLUTION NO. 8248 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND LELAND CONSULTING GROUP FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE HISTORIC ARKANSAS RIVERWALK PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. An Agreement dated October 14, 1997, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Leland Consulting Group, is hereby approved. SECTION 2. The President of the City council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for said professional services in the amount of $16,500.00 shall be paid from Account No. 037 - 1996 -100- 000 - 040 -0020. INTRODUCED October 14 1 1997 By Samuel Corsentino Councilperson APPROVED � a l' 7 1 &0ti President the ouncil ATTEST: City Clerk LELAND CONSULTING GROUP 1429 Larimer Square • Denver, Colorado 80202 (303) 893 -1616 voice • ( 303) 893 -0618 fax CONTRACT FOR PROFESSIONAL SERVICES Project Number. JZ344 Project Name: Pueblo Historic Arkansas River Project (HARP) This Agreement, made and entered into on. 14 Oct 1997 by and between the City of Pueblo (the City) and Leland Consulting Group, hereinafter called "Professional Contractor" is for the services described under item 2 of this Agreement. Professional Contractor address and phone number: 1429 Larimer Street Denver, Colorado 80202 (303) 893 -1616 1 General Nature of Project: Pre- Development Advisory Services for HARP 2 Description of services to be performed by the Professional Contractor are identified in Attachment A. 3 Services called for herein shall be completed no later than March 31, 1993. 4 The estimated compensation to be paid the Professional Contractor for providing the services called herein: Monthly Budget: Professional Fees: $3,000* Reimbursable Costs (10 9 /6): $ 300 Total Not -To- Exceed Monthly Budget: $3,300 ** Total Not -To- Exceed Budget (4 months): $16,500 * Based on an hourly rate of $95. *' Leland Consulting Group will provide 8 hours per month of consulting time ($760) as a gift to the City of Pueblo and the HARP project. This contribution of time will be made each mon th before professional fees are incurred. The not -to- exceed budget amount, therefore, will be applied after the contribution of time is made. 5 Duration: This Agreement shall remain in effect until ::March 31, 1997 unless terminated as pro- vided herein or extended by mutual agreement in writing. 6 Compensation. Direct personnel expense shall be defined as: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions for Social Security, Worker's Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the request service. Professional Contractor shall pay all direct personnel expenses and indemnify and save the City harmless there from. Contract for Professional Services Reimbursable costs include out -of- pocket expenses, the cost of which shall be charged at actual cost. Typical out -of- pocket expenses shall include, but not be limited to, local travel at the rate currently paid by the Professional Contractor to his employees but not more than 29 cents per mile, long distance telephone calls, printing and reproduction costs, and survey supplies and materials. However, the Professional Contractor shall not receive payment for reimbursable costs and expenses of an amount in excess of that permitted pursuant to the this Agreement, if the Agreement requires monetary restrictions on the amount of said reimbursable costs. 7 Invoice Procedure. The Professional Contractor shall submit monthly invoices to the City of Pueblo requesting payment for work accomplished during each calendar month. Payment of invoices will be made by the City of Pueblo within 14 days of receipt of the invoice charges. 8 Insurance. The Professional Contractor shall procure and maintain throughout the term of this Agreement the following insurance in amounts acceptable to the City of Pueblo, but not less than the limits set forth herein, and shall upon executing this Agreement, provide to the City of Pueblo a certificate(s) of insurance evidencing same, and showing the City of Pueblo as an additional insured: a Worker's Compensation insurance as required by law. b Unless otherwise provided for herein, Comprehensive General Liability Insurance including contractual liability and liability arising out of the use of automobiles with the following limits: (1) Bodily Injury Liability Insurance with limits of $300,000 per person and $600,000 per occurrence. (2) Property Damage Liability Insurance with a limit of $100,000 per occurrence. (3) Professional Liability Insurance with a limit of $1,000,000. 9 Indemnification. The Professional Contractor shall indemnify and save harmless the City of Pueblo and its agents, representatives and employees, from and against any and all suits, actions, legal proceedings, claims, demands, out of or in connection with any error, omission or negligent act of the Professional Contractor or anyone acting in its behalf in connection with or incident to this Agreement. 10 Termination. This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms herein by the other party through no fault of the terminating party. If this Agreement is so terminated, in the event of substantial failure to perform by the City, the City of Pueblo shall pay the Professional Contractor compensation for work satisfactorily completed up to the date of termination for said work. The City of Pueblo may terminate this Agreement for convenience, or suspend the work called for herein for a period not to exceed sixty (60) days, in the event that they cancel, abandon, or suspend the project called for under this Agreement or for any other business reason. In the event of such termination or suspension, the City of Pueblo shall pay the Professional Contractor for the work accomplished up to the date of termination or suspension for said work. 11 Entirety of Agreement. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alterations, change or modification of the terms of the Agreement shall be valid unless made in writing, signed by both parties hereto. Contract for Professional Ser ices 2 12 'Waiver. Any failure by the City of Pueblo to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and the City of Pueblo may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 13 Mediation. If a dispute arises out of or related to this contract, or the breach thereof, and if said dispute cannot be settled through direct discussion between the parties then the parties agree to first endeavor to settle the dispute in an amicable manner by non- binding mediation before having recourse to a judicial forum In witness whereof, this Agreement is accepted on the date last written below, subject to the terms and conditions above stated and the provisions set forth on the next page. For Professional Contractor: Signed: �- Typed Na B ill J. Cunningha For the City of Pueblo: Signed: Typed Name: thy A. Garcia Title: principal Date: October 20, 1997 Title: President of the Council Date: _— October 14, 1997 Contract for Professional Services LELAND CONSULTING GROUP 1429 Larimer Square • Denver, Colorado 80202 (303) 893 -1616 voice • (303) 893 -0618 fax ATTACHMENT A SCOPE OF WORK: DEVELOPMENT ADVISORY SERVICES Task 1: Pre- Marketing Services Subtasks Conduct follow -up meetings, interviews and site visits with targeted "stakeholder" groups: • • Bankers /lenders • • Developers /investors • • Brokers • • Property owners • • Prospective tenants • Coordinate activities of HARP Private Sector Committee, including: • • Marketing package follow -up calls • • Protocols for meetings /site visits • • Interface with local "stakeholders" • • Other activities, as identified Task 2: Developer Request for Proposals (RFP) Services Subtasks • Prepare draft of initial developer RFP, to include: • • Invitation to respond • • Project context • • Description of development sites • • Submittal requirements • • RFP timetable • • Selection criteria • Coordinate developer RFP process: • • Distribution • • Pre -bid conference and information meeting • • Respond to developer questions /issues • Coordinate developer RFP review process: • • Selection team identification • • Criteria for "short - listing" proposals • • Participation in short list interviews Contract for Professional Services • Attachment A Page 1 of 2 Task 3: General Development Advisory Services ( "On -Call" Services) Subtasks Assist the City and the HARP project team in evaluating issues related to private sector development within the HARP area. These issues might include: • • Development programming • • Transfer of ownership (tale vs. lease) • • Pricing and phasing of development pads • • Provision of guidelines and /or incentives for redevelopment • • Strategies for addressing adjacent property ownership • • Preparation of development /design guidelines • • Calculation of fiscal /economic impacts associated with the development of the HARP project • • Others, as identified • Provide periodic updates of project information and analysis results to: • • HARP Commission • • Private Sector Committee • • City Council ANTICIPATED WORK PRODUCTS • Oral communications in conference and during the work process, to convey issues and conclusions which develop from our research; • Monthly meetings with HARP private sector committee; • Draft and final copy of developer RFP; and • Technical memoranda summarizing analyses of various development issues. Contract for Professional Services • Attachment A Page 2 of 2