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HomeMy WebLinkAboutConsulting Services Agreement - RFP-15-20 38th Ave Reconfig~' • _ City of • JP'Wlie atRi_dge RFP-15-20 381h AVENUE RECONFIGURATION URBAN PLANNING CONSULTING SERVICES AGREEMENT THIS AGREEMENT made this 11th day of August 2015, by and between the Ctty of Wheat Ridge, Colorado, hereinafter referred to as the "Ctty" or "Owner" and Britina Design Group, Arvada, CO, hereinafter referred to as the "Consultant or Contractor''. WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows: ARTICLE 1 -SERVICES The Consultant shall serve as the City's Contractor and provide as a m1nimum all of the professional serv1ces requtred as per RFP-15-20 381h AVENUE RECONFIGURATION -URBAN PLANNING CONSULTING SERVICES, as more fully described tn the Request for Proposal and Consultant's response to the RFP and additional negotiated scope and schedule incorporated herein by reference These serv1ces shall include, and not be limited to publtc outreach, design, landscape architecture. transportation. park1ng, mult1-modal movement and wayfinding s1gnage for 38111 Avenue in the reconfiguration area between Wadsworth Blvd and Sheridan Blvd The purpose of th1s project IS to engage Wheat Ridge citizens and bustness community to develop alternatives and a final destgn concept for a revised streetscape that the community supports The Bnttna Design Group team for this urban planning project Includes sub-consultants C+B Design for pubhc outreach and gateway s1gnage and Fehr & Peers for multimodal planning and transportation engtneering solutions ARTICLE 2 -TERM The work to be performed under this Agreement shall commence promptly after rece1pt of a fully executed copy of th1s Agreement to the extent that the Consultant has been authorized to proceed by the C1ty Completion of a final design shall be presented to City Council for acceptance on April 25, 2016 The City may upon mutual written agreement by the parties, extend the time of completion of services to be performed by the Consultant, if needed. The City hereby agrees to pay the Consultant a total contract amount of One Hundred and One Thousand, Six Hundred Twenty-three dollars, ($101,623), in accordance to the provisions and subject to the conditions as set forth in this Agreement and the documents referred to above. Base proposal fee of $74,923 includes $2,293 in expenses and . Phase I $16,295 Phase II $38,080 Phase Ill $18,255 Addittonal scope of service items include. S1gnage -Level1 $10,500 Project Announcements$ 9,850 Project Phastng options $ 2,750 Additional Project/Client Meetmgs: 4 @ $900 each $ 3,600 The City hereby agrees to pay the Consultant the amounts required for additional work, as deemed necessary, at the hourly rates set forth in the Consultant's proposal. with contingency funds not to exceed a total of $109,000 for the project. RFP-15-20 38'" Avenue Urban Planning Services Agreement Page 1 ( ARTICLE 3 -PAYMENT AND FEE SCHEDULE It IS understood and agreed by and between the part1es hereto. that the C1ty shall pay the Consultant for serv1ces rendered. A Invoices by Task Invoices may be submitted monthly by the Consultant for services performed and expenses incurred pursuant to this Agreement during the prior month The payment will be expedited by the User Department and processed as a VISA transaction wrthin 2 business days of the City approval or the City may elect the alternative method of payment by the Treasurer's Office through proper account1ng procedures Payment IS then made to the Contractor within th1rty (30) days of the receipt. A check 1s ma1led B Funding There is in effect within the City of Wheat R1dge, Colorado, a provision of the C1ty's Code of Laws which limits the amount for which the C1ty shall be liable to the amount expressly appropriated by the C1ty Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat R1dge, which was enacted pursuant to Ordinance 787, Serres of 1989, and expressly incorporated herein. This contract is specifically subject to the prov1s1ons of said Ordinance and adopted Code Section ARTICLE 4 -INDEPENDENT CONTRACTOR In performing the work under th1s Agreement, the Consultant acts as an independent contractor and IS solely responsible for necessary and adequate worker's compensation Insurance, personal InjUry and property damage Insurance, as well as errors and om1ssions insurance. The Consultant, as an independent contractor. is obligated to pay federal and state income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the C1ty because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona-frde employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person. other than bona-fide employees workrng solely for the Contractor. any commission, percentage, brokerage fee, g1fts , or any other consideration, contrngent upon or result1ng from the award or mak1ng of this Agreement. For breach or violation of this warranty, the C1ty will have the right to annul this Agreement w1thout liability or in 1ts discretion to deduct from the Agreement price or consideratron. or otherwise recover the full amount of such fee, commission, percentage. brokerage fee, grft, or contingent fee ARTICLE 5 -INSURANCE In accordance with Article 4 above, the Consultant shall furnish a certificate of Insurance upon notification of award and prior to performance. Work shall not commence under this Agreement until the Consultant has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following min1mum types and coverage of insurance Type of Insurance Standard Workers' Compensation Including Occupational D1sease Coverage Employer's Liability Comprehensive General Liability Insurance Professional L1ab1hty. Errors and Omiss1ons Minimum Limits of L1abihty Statutory in conformance with the compensation laws of the State of Colorado $500,000 each person; $500,000 each accident; $500,000 each disease $250,000 each person, $1,000,000 each occurrence $1 ,000,000 each occurrence All policies and/or Certificates of Insurance shall include the C1ty of Wheat Ridge as an add1t1onal named rnsured, RFP-15 20 38'11 Avenue Urban Planning Services Agreement Page 2 except for Workers Compensation and Professional Liability, Errors and Omissions Noth1ng here1n shall be deemed or construed as a waiver of any of the protections to, wh1ch the Agencies may be ent1tled pursuant to the Colorado Governmental Immunity Act, sect1ons 24-10-101 . C R S , as amended. ARTICLE 6 -INDEMNIFICATION The Consultant agrees to indemnify and to hold the City and 1ts agents harmless for, from and agamst any and all cla1ms. su1ts, expenses. damages or other liabilities, includmg reasonable attorney fees and court costs arismg out of damage or InJUry to persons, entitles, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Contractor to prov1de serv1ces pursuant to the terms of this Agreement ARTICLE 7 -CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Contractor to be performed herein. Such changes, including any increase or decrease in the amount of the Contractor's compensation, must be mutually agreed upon in writing by the City and the Contractor The Contractor shall be compensated for all authorized changes in services, pursuant to the Request for Qualifications. or if no provision exists, pursuant to the terms of the Change Order ARTICLE 8 -EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not d1scrimmate agamst any employee or applicant for employment because of age, race. color religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race. color, religion. sex. or national origin Such action shall mclude. but not be llm1ted to the following: employment, upgradmg, demotion or transfer, recrurtment or recruitment advert1s1ng, layoff or termination. rates of pay or other forms of compensation. and selection for training, including apprenticeship , The Contractor agrees to post m conspicuous places. ava1lable to employees and applicants for employment. nottces provided by the local public agency setting forth the provisions of this nond1scrim1nat1on clause The Contractor w1ll cause the foregoing provisions to be 1nserted 1n all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, prov1ded that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 -CHARTER, LAWS AND ORDINANCES The Contractor at all times during the performance of this Agreement, agrees to stnctly adhere to all applicable Federal. State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under th1s Agreement ARTICLE 10 -LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The part1es agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado ARTICLE 11 -TERMINATION The Contractor acknowledges that h1s failure to accomplish the work as descnbed shall be considered a material breach of the contract and entrtle the City to consequential damages resulting from failures, acts. or omrss1ons mcluding but not limited to re-procurement costs. insufficient or 1mproper work The C1ty and the Contractor agree that this Agreement may be canceled for cause, by either party with a fifteen (1 5) day pnor wntten not1ce The cost of completmg the port1on of the work wh1ch remains unperformed at the t1me of such termination shall be deducted from the contract pnce before payment is made RFP-15-20 381h Avenue Urban Planning Services Agreement Page 3 The C1ty may term1nate the Agreement for its convenience upon thirty (30) days written notice In the event of such termmat1on, the Contractor will be pa1d for all work and expenses 1ncurred up until the t1me of such termination All work accomplished by the Contractor prior to the date of such term1nat1on shall be recorded and tang1ble work documents shall be transferred to and become the sole property of the C1ty pnor to payment for servtces rendered ARTICLE 12 -NOTICES Contact Name Mark Westber Phone 303-235-2863 e.co.us ARTICLE 13 -ASSIGNMENT AND SUBCONTRACTORS The dut1es and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the C1ty The subcontractors permitted by the City shall be subject to the reqUirements of th1s Agreement, and the Contractor IS responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any sub-contractor ARTICLE 14 -SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished w1th1n the 1ntent of the Agreement, the terms of th1s Agreement are severable, and should any term or prov1s1on hereof be declared Invalid or become rnoperat1ve for any reason, such 1nvalrdity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a wa1ver of any other term or the same term upon subsequent breach ARTICLE 15-INTEGRATION OF UNDERSTANDINGS This Agreement is 1ntended as the complete integration of all understandings between the parties No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied here1n 1n writing No subsequent novation. renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied m wrrttng and signed by an authonzed representative of the City and the Contractor. ARTICLE 16 -PROHIBITION ON EMPLOYING OR CONTRACTING WITH ILLEGAL ALIENS A. The Contractor hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract w1th an illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program as those terms are defined in C R.S. §§ 8-17 5- 101 (3 7) and (3.3), respectively, (the "Programs") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under th1s Agreement. B. The Contractor shall not knowingly employ or contract with an illegal allen to perform the work under th1s Agreement or enter into a contract w1th a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowmgly employ or contract with an illegal allen to perform work under this Agreement C. The Contractor has confirmed the employment eligib1hty of all employees who are newly hired for employment to perform work under the Agreement through part1c1pation in either the E-Verify Program or the Department Program D. The Contractor is prohibited from using the Program's procedures to undertake pre-employment RFP-15-20 381h Avenue Urban Planning Services Agreement Page 4 screening of JOb applicants while this Agreement is being performed E. If the Contractor obtains actual knowledge that a subcontractor performing the work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) notify the subcontractor and the City within three (3) days that the Contractor has actual knowledge that the subcontractor is knowingly employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice, required pursuant to C.R.S. § 8-17.5- 102(2)(111)(A), the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien F. The 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 is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). ARTICLE 17 -DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated agamst on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub-contracts for any work covered by thts Agreement, so that it shall be binding upon each sub- consultant or sub-contractor providing labor or services. RFP-15-20 38th Avenue Urban Planning Services Agreement Page 5 ARTICLE 18-AUTHORIZATION Each party represents and warrants that it has the power and ability to enter mto this Agreement, to grant the nghts granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: JANEL DATE (Seal) OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 "'\ (__ I CONTRACTOR FIRM .. 8~-rn4+ Z?~/J ~r," 'Ke · ADDRESS -1~ ~o.QpV M -4.2../o CITY STATE A-e-vA--~~. ~2... c ~RE . / ATTEST TO CONTRACTOR: ~Effi7~ ~o~/'~' ~AL&ue/ PRINT NAME ~~n ~~~ As5oG1 iA f.l7 TITLE TiTLE I lf l t?IL.tz DATE ' I ~/r:s).r- DATE 7 RFP-15-20 38th Avenue Urban Planning Services Agreement Page 6