HomeMy WebLinkAboutAPPLIED RISK SOLUTIONS - CONTRACT - RFP - P668 RISK MANAGEMENT INSURANCE CONSULTANTPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 APPLIED RISK SOLUTIONS, INC., a corporation, 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:
Scope of Services. The Professional agrees to provide services in accordance with
the Scope of Services attached hereto as Exhibit "A", consisting of one (1) page and incorporated
herein by this reference and any Work Orders for Risk Management Consultant services issued
by the City. A blank sample of a work order is attached hereto as Exhibit "B", consisting of one (1)
page and is incorporated herein by this reference. No Work Order shall exceed $30,000. The City
reserves the right to independently bid any project rather than issuing a Work Order to the
Professional for the same pursuant to this Agreement.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to Scope of Services (Exhibit "A") of this Agreement shall be initiated within five (5) days
following execution of this Agreement. Services shall be completed no later than December 15,
1998.. Time is of the essence. Any extensions of the time limit set forth above must be agreed
upon in writing by the panties hereto.
4. Contract Period. This Agreement shall continue in full force and effect until
December 31, 1998, unless sooner terminated as herein provided. In addition, at the option of the
City, the Agreement may be extended for additional one year periods not to exceed four (4)
WOPSA 10/97
additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties
and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and
Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no
later than ninety (90) days prior to contract end.
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 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 address:
PROFESSIONAL:
James M. Graham, CIC
Principal
Applied Risk Solutions, Inc.
12200 E Briarwood Ave
Suite 205
Englewood CO 80112
CITY:
Stewart Ellenberg ARM
Risk Manager
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
COPY TO:
James B. O'Neill II, CPPO
Director of Purchasing and
Risk Management
City of Fort Collins
P. O. Box 580
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. Project Insurance 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 plans, reports, and
specifications 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
WOPSA 10/97 2
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 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, and errors and omissions insurance in the amount
of $1,000,000.
6. Compensation. In consideration of the services to be performed for the first project
pursuant to this Agreement, the City agrees to pay Professional according to the fees and costs
listed on Exhibit "C", consisting of one (1) page and incorporated herein by this reference. Such
fees and cost shall not exceed Eight Thousand Two Hundred Twenty-five Dollars ($8,225.00). Any
additional work order projects will be billed at the Professionals hourly rate listed in Exhibit "C".
Monthly partial payments based upon the Professional's billings and itemized statements of
reimbursable direct costs are permissible. The amounts of all such partial payments shall be based
upon the Professional's City -verified progress in completing the services to be performed pursuant
hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment
shall be made following acceptance of the work by the City. Upon final payment, all plans, reports,
specifications, 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 Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
WOPSA 10/97 3
Representative with a written report of the status of the work with respect to the Work Order, 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 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
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
WOPSA 10/97 4
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.
THE OF FORT COLLINS, COLORADO
By:l�\J
Ja s B. O'Neill II, CPPO
bio(ector of Purchasing & Risk Management
Date: 1
APPLIE"ISK SOLUTIONS, I
By:
Title: /"/Trcurl�
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 2 f Z`,
ATTEST:
n .� ;Corporate dal)
Corp rate Secretary
WOPSA 10/97 5
EXHIBIT "A"
SCOPE OF WORK
1. Make a recommendation on best process to use to approach the insurance markets.
2. Review the RFP criteria for broker selection. Once proposals are submitted, assist if
necessary with selection.
3. Assist with market assignments to brokers.
4. Review current insurance programs and make recommendations for program
enhancements.
5. Prepare insurance policy language for the bid specifications.
6. After specifications are released, field underwriting questions.
7. Analyze insurance bids and prepare written recommendations within two weeks after the
bid opening.
8. Assist with last minute negotiations, if necessary.
9. Review insurance policies when issued to determine compliance with the letter of
agreement, the program proposal and bid specifications. Assist with achieving the inclusion
of omitted items until completion.
WOPSA 10/97 1
EXHIBIT "B"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
APPLIED RISK SOLUTIONS, INC.
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
Professional
By:
WOPSA 10/97
User
The attached forms consisting of _ U pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:.
EXHIBIT "C"
Fees and costs
Consultants
Hourly Rate
James Graham
$125
Terry Wilbur
$125
Clerical Staff
Jennifer Johnson
$35
Ann Graham
$35
Estimated Fees
Hours
Consulting Services:
Step One- -Program Audit
8
$1000
Step Two -Report Development and Issuance
6
$750
Step Three -Broker Selection Criteria Review &
-Recommendations
3
$375
Step Four -Broker Selection Via Scoring Process
4
$500
Step Five -Insurance Marketing Approach Assistance
3
$375
Step Six -Market Assignment Assistance
3
$375
Step Seven -Coverage Sections Preparation
5
$625
Step Eight -Marketing Assistance
6
$750
Step Nine -Analysis of Proposal
15
$1875
Meetings (3)
6
$750
Total Consulting services:
59
$7375
Clerical services:
20
$700
Expenses:
Mileage (3 meetings at the City)
$150
Copying
Included
Total Fee Estimate and project maximum:
$8225
Optional Risk Management Services
Compliance review
$500
Fees are payable through an initial retainer of $2,500 the remainder to be billed as
incurred. We will render monthly statements itemizing our work effort, and payment is
due in 10 calendar days.
Our fee estimate contemplates an open line of communication between ARS and the City.
It also contemplates that necessary analysis data will be compiled and provided to us on a
timely basis.
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THIS CERTIFICATE IS ISSUED AS A MATTER of INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PRODUCER
Carver S Associates Ins Sery
7710 Ralston Road
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O Box 567
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Arvada CO 80001
COMPANIES AFFORDING COVERAGE
COMPANY
A Continental Western Insurance '
Carv®r and Associates
Phone No. 303-'4 0.
INSURED
COMPANY
B United National Insurance Co.
COMPANY
Applied Risk Solutions
C
12200 E Briarwood Ave #205
Englewood CO 80112
COMPANY
D
CbuRACfEB ::
r •:
THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMMIDDIYY)
POLICY EXPIRATION
DATE(MWDDIYY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
$ 2,0000000
A
COMMERCIAL GENERAL LIABILITY
BLN48
01/19/98
01/19/99
PRODUCTS •COMPIOPAGG
s2,000,000
CLAIMS MADE 7OCCUR
PERSONAL 6ADVINJURY
$ 1 000 000
EACH OCCURRENCE
$ 1,000,000
OWNEIVS 3. CONTRACTOR'S PROT
X BOP _
FIRE DAMAGE (Any one fire)
Is 50,000
MED EXP (Any one person)
$ 5,000
AUTOMOBILE
LIABILITY
A
ANY AUTO
COMBINEDSING1.16OMIT
81,000,000
BODILY INJURY
(Per person)
S
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
9LN48
01/19/98
01/19/99
X
BODILY INJURY
(Por aacldenn
S
X
PROPERTY DAMAGE
S
GARAGE LIABILITY
ANY AUTO
AUTO ONLY • EA ACCIDENT
S
OTHER THAN AUTO ONLY
EACH ACCIDENT
$
17
AGGREGATE
S
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
S
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I
kN 57
D Y AlUS C
ER
EL EACH ACCIDENT
S
THE PROPRIETOR/ INCL
PARTNERSIEXECUTIVE
EL DISEASE • POLICY LIMIT
S
EL DISEASE - EA EMPLOYEE
S
OFFICERS ARE. EXCL
OTHER
A BOP
9LN48
01/19/98
01/19/99
PROPERTY $40,000
B Errors 6 Omissions
i
EO-013208
03/24/98
03/24/99
Cl. Made $1,000,000
DESCRIPTION OF OPERATIONSILOCATIONsrVBHICL6sISPrGIAL ITEMS
Insurance Risk Management Consultant.
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CITYO-4
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City/ OF rt . Collins
Administrative Services
Purchasing Division
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P . O. BOY 380
OF ANY KIND UPON THE COMPANY, ITS AGENT OR REPR ATIVES.
AUTHORIZED REPRESENTATIVE
Fort Collins CO 90522-0580
00,
Carver and Assoei� ,