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HomeMy WebLinkAbout537966 RAFTELIS FINANCIAL CONSULTANTS INC - CONTRACT - RFP - 7607 DEVELOPMENT REVIEW FEE & COST TO BUILD STUDYProfessional Services Agreement 7607 Development Review Fee Study Page 1 of 12 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 RAFTELIS FINANCIAL CONSULTANTS INC, 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. The draft study report shall be completed no later than May 31, 2014. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 2 of 12 Professional: City: Copy to: Raftelis Financial Consultants Attn: John Gallagher 12835 E Arapahoe Road Tower II, Suite 600 Centennial, CO 80112 City of Fort Collins Attn: Jessica Ping-Small PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. 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. 4. 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 in accordance with Exhibit C consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a not-to-exceed fee in the amount of Twenty-Four Thousand Six Hundred Eighty Dollars ($24,680) in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. 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 DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 3 of 12 shall become the sole property of the City. 6. 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. 7. 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. 8. 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. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 4 of 12 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 10. 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. 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. 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, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 5 of 12 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. 15. Prohibition Against Employing Illegal Aliens. Pursuant to C.R.S. Section 8-17.5-101 et. seq., the 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 ( “e-Verify Program”) or the Department Program, an employment verification program established pursuant to C.R.S. Section 8- 17.5-102(5)(c) (“Department Program”) 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 DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 6 of 12 this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three (3) 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 (3) 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 (3) 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 its authority established in C.R.S. Section 8-17.5-102 (5). f. If Professional violates any provision of this Agreement pertaining to the duties imposed by C.R.S. Section 8-17.5-102, 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 C.R.S. Section 8-17.5- 102. g. The City will notify the Office of the Colorado Secretary of State if Professional violates any provision of paragraph 19 and the City terminates the Agreement for such breach. 16. Special Provisions. Special provisions or conditions relating to the services to be DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 7 of 12 performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST City Clerk APPROVED AS TO FORM Assistant City Attorney RAFTELIS FINANCIAL CONSULTANTS INC. By: __________________________________ Printed: _______________________________ Title: _______________________________ Date: _______________________________ DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 5/7/2014 Richard D. Giardina Executive Vice President 5/8/2014 Professional Services Agreement 7607 Development Review Fee Study Page 8 of 12 EXHIBIT A SCOPE OF SERVICES General Description – Fee Study The intent of this project is to develop a quantitative comparative analysis of the Fort Collins Development Review fee structure using specific benchmark cities’. The study will include: o Development Review fee structure comparison to include: o Fee comparison for residential and commercial building permits of varying square footage. o Fee overview – Analysis of fees the City of Fort Collins assesses that our benchmark cities do/don’t assess including the financial impact. o Fees comparison to include all fees collected at time of building permit including but not limited to capital expansion fees, development review fees, utility fees, etc. o Fee comparison to include comparison on a fee to fee basis as well as an aggregate comparison of all fees. The Development Review Fee Schedule below includes the City’s fees whose structure will be analyzed. Professional will also analyze additional fees that the surveyed communities may have. Professional shall use a collaborative approach in each of its engagements. For this Study, this means that there will be a project kick off workshop with City staff to further define study objectives, to clearly lay out a mutually developed work plan, and to outline the project deliverable. This will ensure that this one month engagement will be completed in a timely manner and meet the City’s objectives. Professional will compare development related fees and structures of the City with 10 of the City’s Colorado Benchmark entities. These entities will be specified by City staff. The fees will include residential and commercial building permits, plan review, DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 9 of 12 capital expansion, development review, utility and all other fees related to developments. Fees will be compared on a fee by fee basis. The aggregate of all fees will also be compared. Professional will provide one version of a draft report summarizing the Study’s findings and recommendations for review by City staff. Professional will provide a final Study report that incorporates the staff’s comments on the draft report and will present Study findings to City staff. Deliverables  Project kick-off workshop  Preliminary study report for City review/input  Final study report  Presentation of findings to City staff Project Schedule The draft report will be completed by May 31, 2014. The schedule for the kick-off meet, preliminary study report and presentation to City staff will be mutually agreed by the parties. DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 10 of 12 EXHIBIT B COMPENSATION Professional shall perform services for a not-to-exceed fee of $24,680, in accordance with the following: DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 11 of 12 EXHIBIT C 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: 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 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. DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 Professional Services Agreement 7607 Development Review Fee Study Page 12 of 12 EXHIBIT D 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. DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40 CERTIFICATE HOLDER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 5/1/2014 Bear Insurance Service 173 North Second Street Albemarle NC 28001 Pamela Morton (704)982-1156 (704)982-7012 pmorton@bearinsurance.com Raftelis Financial Consultants, Inc. 1031 S Caldwell St Suite 100 Charlotte NC 28203 Cincinnati Insurance Companies Philadelphia Indemnity Ins. Co. 2014-CO A X X X ECP0208117 1/21/2014 1/21/2015 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A X X EBP 0060360 1/21/2014 1/21/2015 1,000,000 A X X CAP5124411 1/21/2014 1/21/2015 3,000,000 3,000,000 A WC1921777-01 1/21/2014 1/21/2015 X 1,000,000 1,000,000 1,000,000 B Professional Liability PHSD793804 1/21/2014 1/21/2015 $2,000,000 Claims Made Policy City of Fort Collins, its officers, agents, & employees are named as additional insureds with respects to General & Auto Liability. Pamela Morton/APRIL City of Fort Collins 215 N. Mason St. Fort Collins, CO 80522 DocuSign Envelope ID: 60F8D0E3-123A-45B9-9DE6-64A7B18BAE40