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HomeMy WebLinkAboutRFP - 7402 RELOCATION PLAN FOR LOW-INCOME RESIDENTS DISPLACED BY REDEVELOPMENTRFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 1 of 23 REQUEST FOR PROPOSAL 7402 RELOCATION PLAN FOR LOW-INCOME RESIDENTS DISPLACED BY REDEVELOPMENT The City of Fort Collins Social Sustainability Department respectfully requests proposals from responsible and qualified consulting firms to develop the Relocation Plan for Low-Income Residents Displaced by Redevelopment (Relocation Plan) for the City of Fort Collins, Colorado. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittal shall be e-mailed to: purchasing@fcgov.com. If submitting hard copies, written proposals, six (6) copies, 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), July 9, 2012 and referenced as Proposal No. 7402. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522- 0580. Questions concerning the scope of the project should be directed to Project Manager, Ken Waido, Chief Planner at (970) 221-6753 or kwaido@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPM, CPPO, Buyer, at (970) 416-2247 or ebonnette@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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 to Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 2 of 23 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 Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 3 of 23 7402 RELOCATION PLAN FOR LOW-INCOME RESIDENTS DISPLACED BY REDEVELOPMENT SCOPE OF WORK Introduction The City of Fort Collins, Colorado, is soliciting proposals to develop a Relocation Plan for Low-Income Residents Displaced by Redevelopment (Relocation Plan) which is included in the City Council’s work plan, is listed as a near-term action item for the implementation of City Plan policies, and is on the Social Sustainability Department’s work program. The completion of the Relocation Plan is anticipated by the end of 2012, or in early 2013. The Council’s interest in doing a Relocation Plan started with the displacement of low- income residents who lived in mobile homes along Grape Street and were forced to relocate as a result of the Market Place Shopping Center redevelopment project on North College Avenue. The more recent closure of the Bender Mobile Home Park on North Wood Street has added to Council’s interest. A January 28, 2012, public forum, attended by state legislators, local elected officials, affordable housing support agencies at both the state and local levels, mobile home park residents, and citizen activists discussed problem issues and potential solutions that will be investigated, analyzed, and possibly included in the final plan. The Relocation Plan will develop City policies and requirements applicable to redevelopment projects by defining the City’s role, responsibilities, obligations, and involvement in redevelopment projects, whether they are located inside the city limits or within the City’s Growth Management Area (GMA), within the restrictions of the City Charter. The plan will also need to assess the capacities and the roles, responsibilities, and obligations of other local governments, affordable housing agencies, and non-profit human service agencies, again differentiated as to whether or not the redevelopment activity occurs within the city limits or in the GMA. Public meetings are required. Details of the public process, which will need to be developed by the consultant and City staff, are discussed in greater detail in the Meetings and Public Process section below. Project Schedule Overview Key dates for the development of the Relocation Plan are presented in the table below. The table does not contain a full listing of public informational meetings, open houses, etc., that will need to be completed during the process. Mid-July Consultant Selection Late-July Project initiation. Define scope, schedule, public participation process, RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 4 of 23 project website, and staff work team responsibilities. August Conduct research and data collection including best practices review; inventory of past efforts; inventory community resources and services; review existing laws and legislation; identify potentially impacted sites; survey property owners; etc. Kick off project website. Meet with the Affordable Housing Board (AHB) and Planning & Zoning Board (P&Z). August/September Identify and analyze preliminary list of action strategies. Survey/meet with service agencies, public and key stakeholders. Meet with AHB and P&Z. Prepare preliminary report summarizing findings and potential actions. October October 23 City Council work session. Discuss preliminary findings and receive direction on potential actions. November/December Prepare final report and action plan. AHB and P&Z review and recommendation. January/February 2013 Council approves Relocation Plan. Funding for the preparation of the plan will come from the City’s Affordable Housing Fund. Scope of Work Considerations City staff will be responsible for the overall project management. The consultant is expected to be responsible for data collection, plan preparation, and the public outreach process. The consultant’s proposal should provide some details regarding the approach to be used to inform and engage interested stakeholders in the process. Outreach activities will need to be consistent with the City’s strategies contained in the Public Engagement Strategic Plan. Staff can assist in data collection and the public outreach process. Note that this scope of work considerations section includes tasks that will be performed by staff and consultant, and is not meant to be a document that defines only the tasks the consultant is expected to perform. The specific “division of labor” between staff and consultant will be determined through negotiation with the successful RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 5 of 23 consultant based on how the consultant’s qualifications and experience fit into the needs of the project. The comprehensiveness of City policies and requirements applicable to redevelopment projects will be key determinations of the Relocation Plan. Defining the City’s role, responsibilities, obligations, and involvement in the relocation of low-income people displaced as a result of redevelopment projects, whether they are located inside the city limits or within the City’s Growth Management Area (GMA), and within the restrictions of the City Charter, will be very important outcomes of the plan. The plan will primarily investigate the following:  Identify reasonable steps that will be taken to minimize displacement of low- income people from affordable housing units, with special emphasis on low- income residents living in manufactured housing units (mobile homes), as a result of a redevelopment project. As an example of a step the City could consider would be a possible rezoning of mobile home parks limiting other permitted uses in the new district and thus reducing land use redevelopment possibilities in the future.  A strict requirement to provide relocation assistance to all low-income households displaced as a result of affordable housing units, or mobile home park spaces, being lost due to redevelopment activity.  A potential requirement for property-owners or developers to contribute funding (e.g., payment of a fee) or to replace all affordable units and/or mobile home park spaces lost from the supply of such units or spaces in the community, or a requirement to incorporate such units into the redevelopment project. A new fee would require a detailed nexus analysis relating the fee charged to the need to replace lost affordable housing units or mobile home spaces. The Relocation Plan will likely develop different roles, responsibilities, and obligations for the City of Fort Collins depending upon the location of a redevelopment activity. City assisted projects inside the city limits, such as those to which the City contributes financial support or those that require other City actions, such as a rezoning, development project approval, etc., could require a greater role, responsibilities, and obligations as differentiated from those projects that occur outside the city limits within the GMA. The plan will also need to assess the capacities and the roles, responsibilities, and obligations of other local governments, affordable housing agencies, and non-profit human service agencies, again differentiated as to whether or not the redevelopment activity occurs within the city limits or in the GMA. The plan will also include, but not be limited to:  an inventory of past displacement and efforts to address the displacements using existing community resources and services;  an analysis of typical relocation costs; RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 6 of 23  regulatory review;  best practices in other communities; and  an estimate of the number and type of affordable housing and mobile home parks that could potentially be impacted by future redevelopment activity. There will also be many opportunities for input from affordable housing and human service agencies, City boards and commissions, the City Council, and the public through a variety of outreach activities consistent with the City’s strategies contained in the Public Engagement Strategic Plan. In addition to the primary focus of the Relocation Plan listed above, the plan will also delve into the following associated issues. Many of the issues below are beyond the direct control of the City of Fort Collins and would require either new state legislation and/or collaboration with other local governments.  Work with Colorado state legislators to add provisions into state law that provide additional protections to the residents of affordable housing units, with special emphasis for mobile home park residents who own their homes but rent spaces in a park.  Provide tax incentives to the owners of affordable housing units and mobile home parks to maintain their properties and upgrade basic infrastructure.  Encourage stricter enforcement of health and safety laws and zoning code infractions that lower the quality of life in affordable units and mobile home parks making them target areas for redevelopment.  Review and identify appropriate City and County roles and interventions when mobile home parks outside the city limits are offered for sale and/or closure where no immediate redevelopment activity is planned. The City of Fort Collins must already adhere to federal affordable housing relocation laws for certain types of redevelopment activities. If any federal funds are used in a redevelopment project, the requirements of the Uniform Relocation Act (URA) must be followed. Federal funds would include, but not be limited to, those from the Federal Highway Administration and the Department of Housing and Urban Development. Relocation assistance under the URA includes such things as notification requirements, temporary relocation, clear limits on assistance including moving expenses, temporary housing costs, differences in monthly rental payments, etc. These relocation costs would need to be added to the other costs of the proposed redevelopment project and be paid for by the property-owner and/or developer/builder of the redevelopment project. The provisions of the URA are not applicable to a redevelopment project if the former housing units are vacant for a period greater than 90 days. If the provisions and requirements of the City’s Relocation Plan differ from the federal URA requirements, the plan will need to describe what provisions and requirements are different and explain and justify why they are different. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 7 of 23 A goal of the City’s Relocation Plan would be to add another layer of governmental protection for the displacement of low-income residents of affordable housing units and mobile home parks. Colorado state laws already provide some protection regarding notifications of mobile home park sales and potential park closures to the residents. However, state laws stop short of requiring relocation assistance to be provided to low- income residents. Additional local City rules that are more restrictive than those included in state law could be some results of the plan. In general, local governments can make rules that are more restrictive, but not less restrictive, than state or federal laws. Meetings and Public Process The Relocation Plan will be a collaboration of City staff, key stakeholders, and the consultant requiring coordination and review throughout the project. The consultant will be expected to participate in several types of meetings (not all members of the consulting team may need to attend all meetings). City staff anticipates that an overall strategy for stakeholder and general public involvement will be developed in a collaborative process with the selected consultant consistent with the City’s strategies contained in the Public Engagement Strategic Plan. However, the consultant’s proposal should provide some details as to how key stakeholders will be engaged in the process. Examples of public participation techniques that have worked well in the past should be described as potential techniques to be used, as well as techniques which may not be appropriate for the process.  Initial Coordination Meeting: At this meeting, the City and the consultant will finalize a detailed schedule of the project, identify important milestones with target dates, and finalize a detailed scope of services.  Progress Meetings: Progress meetings will be held periodically throughout the project. These meetings may occur via conference call or face-to-face depending on the travel schedule of the consultant associated with the project.  Key Stakeholder and General Public Meetings: The City anticipates there will be a number of key stakeholder and general public meetings. The final key public involvement plan will be a collaboration between City staff and the selected consultant.  Advisory Boards and Commissions: The Affordable Housing Board (AHB) and the Planning and Zoning Board (P&Z), for land use issues, will be the two key advisory boards involved in the plan. Other boards and commission may be asked for their review and comments. At least two meetings with the AHB and P&Z should be expected during the process. Staff can provide the AHB and P&Z with routine monthly updates of the process to develop the plan.  City Council Presentations: The consultant shall plan to attend at least two meetings with City Council: 1) an initial work session (October 23) to outline the key policies, objectives, and implementation actions for the Relocation Plan, and 2) a regular meeting to present the final version of the Relocation Plan, where City Council will adopt the plan. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 8 of 23 Scope of Work Outline The following presents a general outline of items expected to be included in the Relocation Plan. The outline is not intended to be an all inclusive outline of all of the components for the plan. The outline contains items to be included, but the plan will likely not be limited to the listed items. Consultants should include enhancements to the outline in their proposal. Relocation Plan for Low-Income Residents Displaced by Redevelopment Executive Summary A summary of the role, key policies, responsibilities, and obligations for the City of Fort Collins in dealing with low-income displacement including what actions will be undertaken to minimize displacement, to assist in relocations efforts, and the measurements that will be used to evaluate the outcomes of the actions. Past History and Potential Problem Areas This section will include an inventory of past displacement and efforts to address the displacements using existing community resources and services and an estimate of the number and type of affordable housing and mobile home parks that could potentially be impacted by future redevelopment activity. Legislation and Best Practices This section will provide the results of research as to state and local legislation and best practices by other local governments in dealing with dislocation issues and relocation solutions caused by redevelopment. The analysis will establish strategies for the City to consider. City Roles and Policies This component of the plan will be the most important as it will define the appropriate City role and the applicable policies, responsibilities, obligations, and involvement in dealing with displacement as a result of a redevelopment project. Different roles and polices will be developed based on whether a redevelopment project is located inside the city limits or within the City’s Growth Management Area (GMA). The potential limitation on City actions based on the restrictions of the City Charter will be a very important factor to be considered in the plan. The plan will also need to address the City’s role if displacement occurs when a redevelopment project is not contemplated in the immediate future. The plan will need to assess the capacities and the roles, responsibilities, and obligations of other local governments, affordable housing agencies, and non-profit human service agencies, again differentiated as to whether or not the redevelopment activity occurs within the city limits or in the GMA. Implementation Actions Implementation actions to be undertaken by the City based on identified City roles and policies will be listed according to two time-frames: 1) Immediate actions will include RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 9 of 23 those that could be adopted at the conclusion of the project, i.e., when the City Council adopts the Relocation Plan, or within 6-months after the plan’s adoption; 2) Longer-term actions are those that would require City strategies to deal with changes to state legislations or involve intergovernmental cooperation with other local governments that may take longer than 6-months. Appendices Several appendices that summarize research, results of public forums, comments and responses from key stakeholders and the general public, etc., will need to be included in the final plan document. Submittal Requirements The City’s intent is to choose the most qualified consulting firm based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed. Of prime importance is the firm’s flexibility in responding to services as requested by City staff during the process to develop the Relocation Plan.  The final scope of services will identify a project schedule, tasks, deliverables, and expected expenditures by task. The scope will also indicate respective responsibilities of the consulting firm and City staff. The City will negotiate the final Scope of Work for the resulting contract with the awarded vendor after sending them a Notice of Intent to Award. Form of Submission All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach and tasks. Describe the anticipated interaction with the City. Provide an outline of your anticipated schedule for completing consultant tasks. 2. Deliverables - Provide a list and description of expected deliverables, tools, or other items that you will use to provide services and outcomes of your approach. 3. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar reports for clients ideally within the last three years, each to include: • Names and location of similar projects. • Name, address, and phone number of public agency reference(s) overseeing the effort to produce the Report. • Samples (preferably three via a web link or “pdf” files) of work products for similar Reports. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 10 of 23 4. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 6. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. 7. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. 8. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the section “Scope of Work Outline” or for tasks that are recommended as part of this planning effort. Preference is for a matrix, chart, or table format. Fees These services will be awarded based on a Not-to-Exceed Time and Reimbursable Direct Cost Basis Agreement. Upon the selection of the consultant, the final fee will be negotiated with input from the consultant based upon the negotiated scope of services stipulated in the contract. Please provide an allocation of the proposed budget by area of expertise and team member. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 11 of 23 Vendor Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: EMERGENCY: BACKUP: Compensation and Contract Process 1. After contract award, progress invoices shall be billed in quarterly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. 2. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. 3. The selected Contractor shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 12 of 23 Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. 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. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 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? 2.0 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? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 13 of 23 Reference Evaluation (Top Ranked Firm) The Project 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 project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely 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 project budget? Job Knowledge If a study, did it meet the Scope of Work? PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 918-58 Government Consulting 918-63 Housing Consulting 918-80 Moving/Relocation Consulting Service 918-92 Urban Planning Consulting 918-98 Urban Planning Consulting RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 14 of 23 PROFESSIONAL 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 "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 ( ) page , and incorporated herein by this reference. 2. The Work Schedule. (Optional) 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 ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 15 of 23 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins , Purchasing PO 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. 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 and errors and omissions insurance in the amount of $ Optional: according to the Insurance Requirements attached hereto as Exhibit “ “, consisting of one (1) page. 6. Compensation. [Use this paragraph or Option 1 below.] 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 ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 16 of 23 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 actual reimbursable expenses. [Optional] Insert Subcontractor Clause 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. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). 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 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. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 17 of 23 prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 18 of 23 14. 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. 15. 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. 16. 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. 17. 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 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 RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 19 of 23 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 subcontractor 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 subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. 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. f. 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. 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. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 20 of 23 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. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 21 of 23 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 22 of 23 EXHIBIT “B” INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional'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 Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. 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 Professional 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 Professional 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. RFP 7402 Relocation Plan for Low-Income Residents Displaced by Development Page 23 of 23 [Optional] EXHIBIT “ ” 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.