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HomeMy WebLinkAboutRFP - P1093 HEARING OFFICER - LAND USE PLANNINGREQUEST FOR PROPOSAL P1093 Hearing Officer- Land Use Planning Written proposals' will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St , 2nd floor, Fort Collins, Colorado 80524 Proposals will be received before 3 00 P M (our clock), November 30, 2007 Proposal No P1093 If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524 If mailed, the address is PO Box 580, Fort Collins, 80522-0580 1 Questions concerning the scope of the arbitrations should be directed to Protect Manager Cameron Gloss, AICP, Planning and Zoning Director (970) 221-6765 Questions regarding proposals submittal or process should be directed to James B O'Neill II, CPPO, FNIGP (970) 221-6775 A copy of the Proposal may be obtained as follows 1 Download the Proposal/Bid from the BuySpeed Webpage, Mips //secure2 fccov com/bso/login isp 2 Come by Purchasing at 215 North Mason St , 2"d floor, Fort Collins, and request a copy of the Bid Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies I to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited Collusive or sham proposals Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal The City of Fort I Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities Sincerely, James B O'Neill Il; CPPO, FNIGP Director of Purchasing & Risk Management ,�Ji ;re renewal is a way of Ilfe, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 14 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property c Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with -the -limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P O Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 15 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 16 LawLaw/Several 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 IO SA rev06/07 17 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 , et seq , Contractor represents and agrees that a As of the date of this Agreement and 1 Contractor does not knowingly employ or contract with an illegal alien, 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 SA rev06/07 e If Contractor obtains actual knowledge that a subcontractor performing work 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 f 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 18 Special Provisions [Optional) Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference 12 SA rev06/07 ATTEST City Clerk APPROVED AS TO FORM Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By James B O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date 0 PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST (Corporate Seal) CORPORATE SECRETARY 13 SA rev06/07 rWfrm1 INSURANCE REQUIREMENTS 1 The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement 2 Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance REQUEST FOR PROPOSAL P1093 Hearing Officer- Land Use Planning The City of Fort Collins is soliciting proposals from firms or individuals interested in providing the services of a hearing officer pursuant to The City of Fort Collins Land Use Code (available at fcgov corn under Current Planning Department) The Code provides for two types of land use review Type 1 — an administrative hearing with decisions made by a hearing officer, and, Type 2 — a hearing by the City's Planning and Zoning Board Land uses eligible for each category of hearing are specifically identified in each individual zoning district This position will serve as an independent hearing officer to conduct Type 1 administrative hearings The purpose of Type 1 hearings is to determine if relevant criteria, applicable to the proposed land use, have been satisfied This position reports directly to the Director of Community Planning and Environmental Services, and makes these decisions under ai specific delegation of authority from the Director Services Required Review Type 1 development applications for consistency with the City's Land Use Code Copies of the application and staff report are provided prior to the public hearing Hold public hearings on each application with input from the staff, applicant and members of the public Meeting rooms, staff support, and recordings of the hearing are provided by the City In cases of appeal, the city will provide a verbatim transcript of the hearing Issue a written determination (an example can be provided upon request) on each application in accordance with the requirements of the Land Use Code within 10 calendar days of the public hearing Responsible for preparation of all written documents associated with the decision Time Commitment Administrative Public hearing dates will be scheduled as required by the workload Since the inception of the administrative hearing process, the number of hearings averages sic per year, although the number is expected to increase Agendas will be established by the Current Planning Director Meetings could extend up to six hours depending on the agenda, complexity of the protects and the amount of public testimony Public hearings are typically held in the evening but may begin in the late afternoon depending on the agenda It is the intent of the City to enter into a one year contract renewable for 4 additional one year periods Qualifications • Attorney licensed to practice in the State of Colorado • Does not regularly practice or represent clients within Larimer County • Land use experience • Ability to learn, interpret, understand, and make decisions based on the Land Use Code criteria and standards • Ability to communicate effectively, both orally and in writing with City staff developers, consultants, and the public • Ability to read and comprehend detailed documents • Ability to work well under pressure and deal with stressful situations and conflict with confidence and in a tactful manner Submittal Firms and individuals interested in providing the services as a hearings officer should submit • Letter of interest • Resume outlining qualifications • Completed Bid Form providing a summary of hourly/daily rates and charges Prior Cost History City of Fort Collins Cost history for Hearing Officer Services from 2000 through October, 2007 is as follows Year Number of Hearings Total Cost 2000 3 hearings $3,350 2001 13 hearings $8,961 2002 5 hearings $4,783 2003 6 hearings $6,747 2004 5 hearings $9,867 2005 6 hearings $7,330 2006 3 hearings $2,678 2007 —', 1/1 through 10/22 2 hearings $1,518 i Bid Form P1093 Hearing Officer- Land Use Planning $ /per hearing for six (6) hearings per year $ /per hour for additional services COMPANY NAME; STREET ADDRESS CITY I STATE ZIPCODE AUTHORIZED REPRESENTATIVE TITLE DATE i 2/9/00 ! Review and Assessment Professional firms'Iwill be evaluated on the following criteria These criteria will be the basis for review of the written proposals and interview session, however selection may be made from written responses i The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating I WEIGHTING FACTOR QUALIFICATION STANDARD 20 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 20 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1 0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work) 1 0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 20 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task, or phase? 20 I Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 2/9/00 Reference evaluation (Top Ranked Firm) The protect Manager will check references using the following criteria The evaluation rankings will be labeled Satisfactory/Unsatisfactory QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this protect? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a tirriely manner? Completeness Was the Professional responsive to client needs, did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the protect budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the protect functional upon completion and did it operate properly? Were problems corrected quickly and effectively? SA rev06/07 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 hereinafter referred to as "Service Provider" 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 Service Provider agrees to provide services in I accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and incorporated herein by this reference 2 Contract Period This Agreement shall commence and shall continue in full force and effect, until unless sooner terminated as herein provided 3 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice 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 Service Provider Such notice shall be delivered at least fifteen (15) 1 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 lithe following addresses City Service Provider City of Fort Collins Attn Purchasing PO Box 580 7 SA rev06/07 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 5 Con Itract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference 6 Cdvl Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests i concerning this agreement shall be directed to the City Representative 7 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall nbt be responsible for withholding any portion of Service Provider's I compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 8 Personal Services It is understood that the City enters into the Agreement i based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any (responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 9 Acceptance Not Waiver 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 or cause of action arising out of performance of this Agreement s SA rev06/07 10 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 11 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 thereof 12 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 13 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, 9 SA rev06/07