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HomeMy WebLinkAboutC10-068 Eagle Vail Commercial Master Plan Consulting AgreementCONSULTING AGREEMENT Eagle Vail Commercial Master Plan This Consulting Agreement ("Agreement") dated as of this= day of.~~~ ` `~~z`oso, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"),and Mauriello Planning Group, LLC a land planning firm from Avon, Colorado, with a mailing address of PO Box iiz7, Avon, CO 8i6zo ("Consultant"). WHEREAS, the County is in need of a company to provide the services outlined in Section i.i hereunder; and WHEREAS, Consultant has represented that it, along with sub-consultants, has the experience and knowledge in the subject matter necessary to carry out the services outline in Section i.1 hereunder; and WHEREAS, County wishes to hire Consultant to perform the tasks associated with such services outlined in Section i.s hereunder; and WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the services and related terms and conditions to govern the relationship between Consultant and County in connection with the services. Agreement Therefore, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Services Provided; 1.z The Consultant will provide the consulting services as more particularly set forth in the attached Exhibit "A", (hereinafter called "Consulting Services"). The Consulting Services are generally described as providing planning services forthe Eagle Vail Commercial Area. To the extent the terms and conditions ofthis agreement may conflict with Exhibit "A", the terms and conditions of this agreement shall control. County may request that Consultant perform additional services ("Additional Services"), which are beyond the scope of Exhibit "A". The scope of such Additional Services shall be agreed to in writing by County and Consultant. i.z The Consultant agrees that Consultant will enter into certain sub-consulting agreements with third parties that will not conflict in any manner with the Consulting Services. 1.3 Consultant along with the sub-consultants has given the County a proposal for perForming the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services as shown in Exhibit A. 1.4 The Consultant will establish the prime contract with the County and will agree to share with The County Sub- Consultant Agreements that are established in the future. See Exhibit "E" for Sub-Consultant list. Term of Agreement: z.i This Agreement shall commence on March g, zoso and, subject to the provisions of Section z.z hereof, shall continue in full force and effect for a period of twelve (1z) months commencing with the effective date ofthis Agreement. This Agreement may be extended beyond the time referred to in this Section z.i on terms and conditions as may be mutually agreed between the parties hereto in writing. z.z This Agreement may be terminated, in whole or in part, whenever for any reason termination is in the best interest of either party. Termination of Consulting Services hereunder shall be affected by delivery of a Notice of Termination specifying the extent to which performance of Consulting Services under this Agreement is terminated and the date upon which such termination becomes effective. Consultant shall submit its termination invoice for Consulting Services performed to the date of termination, plus expenses incurred, to County promptly after delivery of a Notice of Termination, but in no event later than one (i) month from the effective date thereof. In the event of any termination for convenience by the County, Consultant shall be entitled to payment for all Consulting Services performed to the date of termination plus expenses actually incurred. Independent Contractor: 3.z With respect to the provision of the Consulting Services hereunder. Consultant acknowledges that Consultant is an independent contractor providing Consulting Services to the County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County; and Consultant shall not be precluded from representing third parties before County staff or various County boards including, but not limited to, Board of County Commissioners and Planning Commission. 3.z The Consultant shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3~3 The Consultant will maintain general liability, unemployment and workman's compensation insurance on his/her behalf, as necessary. 4. Remuneration: 4.i For the Consulting Services provided hereunder, County shall pay to the Consultant a fee of $izo.oo/hour, and not to exceed $zg,7oo, based on a "time and material" basis, as invoiced by the Consultant (See Exhibit "B"). Fees will be paid within thirty (30) days of receipt of proper and accurate invoice from Consultant or its sub-consultants respecting Consulting Services. The invoice shall include a description of services performed. Upon request, Consultant shall provide County with such other supporting information as County may request. Upon payment by the County, Mauriello Planning Group, LLC will then pay the sub-consultants promptly invoices due. 4.i.i Consultant shall be compensated based upon a rate of $izo per hour for Additional Services. Fees will be paid within thirty (30) days of receipt of proper and accurate invoice from Consultant. 4.z County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Consultant in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Board in accordance with Article z5, Title 30 of the Colorado Revised Statues, the Local Government Budget Law at C.R.S. §z9-i-ioi et. seq., and the TABOR amendment at Colorado Constitution, Article X, Sec. zo. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared in the performance of the Consulting Services shall remain the property of the County and are to be delivered to County before final payment is made to Consultant or upon earlier termination of this Agreement. 6. Indemnification: 6.1 Intentionally left blank. Consultant's Professional Level of Care: 7.1 Consultant shall perform the Consulting Services in a professional manner in accordance with the standard of care applicable to land use professionals in Eagle County, Colorado during the term of this Agreement. 7.z Consultant shall be entitled to rely upon the information supplied to it by the County and the County's consultants and to assume that for all purposes that such information is technically accurate, professionally competent and appropriate for incorporation into the work performed under this Agreement. No Assignment: The parties to this Agreement recognize that the Consulting Services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the professional services and reputation of Consultant and its approved sub-consultants. Therefore, neither Consultant nor its sub-consultants may assign its interest in this Agreement or in its subcontract, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility underthe Agreement. Notices: g.i Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: (a) Eagle County Community Development Director Attn: Scot Hunn 50o Broadway PO Box 850 Eagle, CO 81631 Phone: 970-328-8624 with a copy to: Eagle County Attorney's Office 50o Broadway PO Box 850 Eagle, CO 81631 (b) Mauriello Planning Group, LLC Attn: Dominic Mauriello PO Box iiz7 Avon, CO 8i6zo Phone:97o-748-ogzo 9.z Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. so. Jurisdiction: io.i This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ii. Miscellaneous: 1i.i This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. sz.z Intentionally Left Blank ii.3 This Agreement does not and shall not be deemed to confer upon or grand to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. ii.4 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. sz. Provision Mandated by C.R.S. § 8-17.5-1oi et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: sz.i If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-i7.5-ios, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform underthis Contract and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. iz.z Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. iz.3. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programslgc_ii85zzi678i5o.shtm iz.4 The Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening ofjob applicants while the public contract for services is being performed. iz.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the 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. 1z.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5)• 1z.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 1z.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. //REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: iO~ ~%`~`~ ~+ ` BOARD OF COUNTY COMMISSIONERS /" ,~ ~Z '~ t j. __.- ~ R ~ .~~ Clerk to the Board of ptot~~9~ Sara J. Fis r, Chairman County Commissioners MAURIELLO L NING GROUP, LLC J y' Dominic Mauriello, Managing Member Exhibit A SCOPE OF SERVICES Eagle-Vail Commercial Area Master Plan General Planning Services to be Provided under Consultant Agreement General planning services to be provided by Mauriello Planning Group, LLC, ("consultant") for the Eagle-Vail Commercial Area Master Plan will include: the gathering and analysis of "baseline inventory" information; outreach and meeting facilitation with stakeholders (inclusive of meetings and interviews with property owners), technical advisory committee members and the public; development of "constraints and opportunities"; survey work; hosting a design charrette and at least one public meeting; the creation of a draft "report" and master plan document, and; working with Staff (as needed) to review and refine the final document during the review and adoption process before the Eagle County Planning Commission. Tasks and Estimated Time Allotments The project is to be divided into succinct phases, within which specific master plan tasks will be assigned to the consultant. The following section provides an estimate of the anticipated phases of master plan activity and timelines, as well as corresponding assignment of tasks and allotment of time to be spent by Eagle County employees, the consultant and any sub-consultants as may be retained by the consultant (pursuant to paragraphs i. z, i.3 & i.4 of the Consultant Agreement) to assist the County in the completion of said tasks: Phase One: Baseline Inventory of Existing Conditions (March i -May 15`h) Phase One to include formation of a Technical Advisory Committee, as well as identification and outreach to internal and external stakeholdergroups. A. Baseline inventory: this step will establish a base line of existing conditions data, including but not limited to generation of traffic counts*, assembly of zoning and dimensional limitation information and gathering current sales and property tax data, as a means to facilitate meaningful discussion and understanding among stakeholders as to how the commercial area is performing and functioning, both physically and economically. MPG will assist Eagle County in assembly of the Technical Advisory Committee, as well as analysis of information gathered during the baseline inventory. Responsible Team Members and Estimate of Time: Eagle County (~zo hours) -Mike Gruber, Engineering ioo hours* -Greg Schroeder, Engineering io hours -Scot Hunn, Comm. Dev. 6o hours -Yuri Kostick, Housing io hours -Jill Klosterman, Housing io hours -Kathy Chandler-Henry io hours -Scott Fleming, GIS io hours -Treasurer 5 hours -Assessor 5 hours Total zoo hours MPG (4o hours) B. Internal Agency Interviews: as an important part of establishing a baseline of existing conditions, the input of internal (County) departments and other key, external agencies will be solicited regarding the area and any future redevelopment scenarios. Meetings will be held in Community Development Department Offices, and will be coordinated over the course of one or two days. A summary of major issues and ideas will be documented. MPG will assist Eagle County in the facilitation of agency interview meetings and will participate in such meetings. Responsible Team Members and Estimate of Time: Eagle County (~o hours) -Scot Hunn, Comm. Dev. zo hours Total ~o hours MPG (is hours) C. Traffic Analysis and Study: this step will include hiring asub-consultant (Kimley-Horn) to review the access control plan for Highway 6, reviewing traffic counts conducted by Eagle County Staff (or others) and providing detailed analysis of existing conditions. This step will may also include conducting at least one meeting with representatives from the Colorado Department of Transportation (CDOT) and the preparation of a traffic report with a summary of the ability to increase the intensity of development in the area. Responsible Team Members and Estimate of Time: Eagle County (~5 hours) -Scot Hunn, Comm. Dev. S hours -Greg Schroeder, Engineering io hours -Mike Gruber, Engineering io hours Total ~5 hours MPG (io hours) Kim(ey-Horn (3o hours) Phase Two: Constraints, Opportunities and Concepts (May i5th -July 31St) A. Constraints, Opportunities and Concept Generation: Staff and MPG will analyze baseline inventory information, interview stakeholders and begin to evaluate constraints and opportunities. This step will include a walking tour of the area, interviews and a charrette with invited stakeholders, after which the team will work with participants to generate alternative concepts or themes for any future redevelopment. This step may include limited work by OZ Architecture to assist in facilitating a charrette and/or drafting of concepts. MPG will assist Eagle County in the facilitation of a stakeholder charrette, inclusive of meeting with and interviewing stakeholders, facilitating a walking tour, managing any sub-consultants and providing any necessary and reasonable follow-up works. Responsible Team Members and Times Eagle County (75 hours) -Scot Hunn, Comm. Dev. zo hours -Cliff Simonton, Comm. Dev. io hours -Kris Aoki, Comm. Dev. 1o hours -Yuri Kostick, Housing zo hours -Jill Klosterman, Housing io hours -Kathy Chandler-Henry S hours Tota! 75 hours MPG (zo hours) OZ Architecture (~o hours) B. Online Survey: working with Eagle County Communications Department and Community Development Staff, Staff and MPG will develop an online survey and administer the survey through the County's website. MPG and any sub- consultants will assist in drafting of survey questions, as well as reviewing and analyzing responses. Responsible Team Members and Estimated Time Eagle County (~6 hours) -Scot Hunn, Comm. Dev. i5 hours -Cliff Simonton, Comm. Dev. 5 hours -Kris Aoki, Comm. Dev ~ hours -Total ~5 hours MPG (ss hours) EPS (~o hours) C. Public meeting: this step will involve facilitation of a public open house to introduce the project to the general public and to discuss the purpose of the master plan project, the steps taken to-date, the information gathered, and to request feedback on existing conditions and ideas/concepts generated. Staff and MPG will prepare for and host the public meeting at a convenient location and time, at a central location within the Eagle-Vail Community (pavilion or golf course clubhouse). Following the meeting, Staff and the consultant will meet to discuss the outcomes and feedback, as well as the next steps to prepare and disseminate the information gathered. Responsible Team Members and Times: Eagle County (6o hours) -Scot Hunn, Comm. Dev. ZS hours -Greg Schroeder, Engineering io hours -Cliff Simonton, Comm. Dev. io hours -Kris Aoki, Comm. Dev. io hours -Yuri Kostick, Housing io hours -Scott Fleming, GIS S hours Total 6o hours MPG (is hours) F. Refining and reporting back: following the public meeting and survey work, Staff, MPG and any sub-consultants deemed necessary, will work to refine ideas and concerns expressed and will generate a report. This report will summarize baseline inventory gathered, constraints and opportunities analysis, concept generation and preferences established through stakeholder charrette and public meeting process. The report will be drafted in a manner that creates the basic outline (background) for the master plan document -establishing a general vision, goals and making specific recommendations for implementing actions (detailed market and traffic studies, creation of form- based zoning code language and design standards, development of public- private funding mechanisms, well as transit and pedestrian connectivity design and cost estimation work). Importantly, this step will involve meetings with -1 County commissions and boards, stakeholder groups, as well as town officials and boards for the purpose of reporting findings and to generate ideas and commitments for more detailed, cooperative planning and design work needed to advance the master plan project. Potential cost sharing via "in-kind" services and financial contributions to specific design related work will be explored as well as public-public (County and State Land Board) and public-private partnerships. Responsible Team Members and Times• Eagle County (85 hours) -Scot Hunn, Comm. Dev. 6o hours -Cliff Simonton, Comm. Dev. io hours -Yuri Kostick, Housing iS hours Total 85 hours MPG (zs) OZ Architecture (io and as needed) EPS (io and as needed) Kimley-Horn (as needed) Phase Three: Plan Draft, Review & Adoption by Planning Commission (August 1St _ December 3ist) A. Draft Plan: following creation of a "report" in Phase II, Staff and, as needed, MPG and any sub-consultants deemed necessary, will draft the master plan document. During the course of this step, and as a follow-up to the "refining and reporting back" step outlined above, Staff will also pursue opportunities to perform specific tasks that may be recommended (financial or market studies, further traffic analysis and design work, as well as the development of Form- Based Code language, guidelines/standards and public-private funding mechanisms) within the Phase II report. Such tasks or recommended implementing actions will be included within the final draft master plan document. B. Plan review with stakeholder groups, TAC and Planning Commission: during this step, Staff will work with stakeholders, the Technical Advisory Committee and the Eagle County Planning Commission (ECPC) to review and refine the final draft document. Public meetings will be held during regular Eagle County Planning Commission hearings. Staff anticipates this process taking a minimum of three months and while the above (tentative timeline) calls for plan adoption in December, zoio, the timeline may extend to early zoii depending on scheduling and work load of both Staff and the ECPC. 5 Responsible Team Members and Times Eagle County (ins hours) -Scot Hunn, Comm. Dev. ioo hours -Cliff Simonton, Comm. Dev. io hours -Yuri Kostick, Housing i5 hours Total s~5 hours MPG (io and as needed) OZ Architecture (as needed) EPS (as needed) Kimley-Horn (as needed) Total (estimated) County, Consultant and Sub-Consultant Project Hours Eagle County 635 hours MPG iso hours OZ 3o hours EPS 3o hours Kimley-Horn ao hours Total Project 875 hours 6 Exhibit B Consultant Hours Rate Estimated Fees MPG 150 120 $ 18,000.00 OZ 30 120 $ 3,600.00 EPS 30 120 $ 3,600.00 Kimley-Horne 30 150 $ 4,500.00 Total 240 $ 29,700.00 Exhibit C -Reimbursable Expenses Schedule Reimbursable expenses shall be reimbursed at cost. All anticipated reimbursable expense shall be pre-approved by Eagle County. Exhibit D -Sub-Consultants to Mauriello Planning Group, LLC OZ Architeture of Denver, Inc. Contact: Rebecca Stone 3oi2 Huron Street, Denver, CO 80202 (303)861-5704 Kimley-Horn and Associates, Inc. Curtis Rowe, P.E., PTOE Suite 450 99o South Broadway Denver, Colorado 80209 (303) z28-2300 curtis.roweC~kimley-horn.com Economic Planning Systems (EPS) Economics Consultant Contact: Andy Knudtsen 73017th Street, Suite 630 Denver, CO 8ozoz-35ii (303) 623-3557 aknudtsen(a~epsdenver.com