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HomeMy WebLinkAboutCode Consultants Intl On-Call Building Inspex Svcs Agreement 7-12-2010~ ~ ~ ::~~~of D;.,..l.,.., _y, .,. .,. ... ....._at.~_~e RFP-10.08 ON-CALL BUILDING INSPECTION SERVICE AGREEMENT THIS AGREEMENT made this /d fA. day of JULY 2010, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or *Owner" and BUILDING CODE SERVICES INTERNATIONAL, 3190 S. WADSWORTH BLVD., STE 220, LAKEWOOD, CO 80227, hereinafter referred to as the "Consultant". WITNESSETH. that the City of Wheat Ridge and the Consultant agree as follows: ARTICLE 1 -SERVICES The Consultant shall serve as the City's Consultant and provide at a minimum all of the professional services required per RFP-1 Q-08 ON-CALL BUILDING INSPECTION, and more fully described In the Request For Proposal (Exhibit I) and the Consultant response to the RFP (Exhibit II) attached hereto and incorpora1ed herein by reference ARTICLE 2-TERM The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City. THE TERM FOR THIS AGREEMENT IS THROUGH JULY 2011, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, at the sole discretion of the City. At the end of each year, if the City deems the Consultant's performance Is acceptable and the pricing remains the same the agreement may cont.inue with automatic renewals. The agreement may be automatically renewed if: • The City fails to contact your firm prior to the end of the current term regarding the desire to renew. • All pricing remains the sane. • The scope of work or specifications are not changed or modified. If at the end of each year the City desires to rebid or the Consultant's performance is not acceptable the City and Consultant may elect to continue the agreement on a month to month basis until the rebid process is complete. ARTICLE 3-PAYMENT AND FEE SCHEDULE It Is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided and the Consultant shall accept payment according to Exhibit II, as full paymentfor such services. Pricing shall remain firm for the renewal periods. \ A. Invoices by Task Invoices will be submitted by the Consultant monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The payment wlll be expedited by the Building Department. processing a VISA transaction within 2 business days of the city approval. Should VISA payments not be acceptable by the City, the alternative method of payment Is by the Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within thirty (30) days of the receipt of the approved invoices for services 1 rendered. B. Funding There is in effect witttin the City of Wheat Ridge, Colorado, a provision of ttte City's Code of Laws which limits ttte amount for Which the City shall be liable to the amount expressly appropriated by ttte City Council, either ttl rough budgeted appropriation, or contract or bid award. The Consultant is specifically advised of the provisions of this portion of the Code of Laws of ttte City of Wheat Ridge, Which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 -INDEPENDENT CONSULTANT In performing ttte work under tttls Agreement, the Consultant acts as an independent Consultant and Is solely responsible for necessary and adequate worker's compensation insurance, person Injury and property damage insurance, as well as errors and omissions insurance. The Consultant, as an independent Consultant, is obligated to pay federal and state income tax on monies earned. The personnel employed by ttte Consultant are not and shall not become employees, agents or servants of the City because of the performance of any work by this agreement. The Consultant warrants that It has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure tttls Agreement, and tttat it has not paid or agreed to pay any company or person, ottter than bona fide employees working solely for the Consultant, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the CNVard or making of this Agreement For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its disetetion to deduct from the Agreement price or consideration, or ottterwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 5-INSUBANCE 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 minimum types and coverages of insurance. Type of Insurance Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Comprehensive General Liability Insurance Comprehensive Automobile Professional Liability {errors and omissions) Minimum Limits of liability Statutory in conformance with the compensation laws of the State of Colorado $250,000 each person; $1 ,000,000 each oCOJrrence $250,000 each person; $1,000,000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-1Q-101 , C.R.S., as amended. ARTICLE 8 -INDEMNIFICATION 2 ' .. The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims. suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the tenns 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 Consultant to be performed herein. Such changes, including any increase or decrease In the amount of the Consultant's compensation, must be mutually agreed upon in writing by the City and the Consultant The Consultant shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the tenns of the Change Order. ARTICLE 8-EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant 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 Include, but not be limited to the following· employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or tennlnation, rates of pay or other forms of compensation, and selection for training, including apprenticeship., The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each sub-consultant, provided 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 Consultant at all times during the perfonnance of this Agreement. agrees to strictly adhere to all applicable Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement ARTIQ.E 10-LAW ANP VENUE The laws of the State of Colorado shall govern as to the Interpretation, validity, and effect of this Agreement The parties agree that venue and jurisdiction for disputes regarding perfonnance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11-TERMINATION The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions Including but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this Agreement may be canceled for cause, by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperfonned at the time of such tennlnation shall be deducted from the contract price before payment is made. The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such tennlnation, the consultant will be paid for all woi'X and expenses incurred up until the time 3 of such termination. All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for serviceS rendered. ARTICLE 12 -NOTICES For the City: JOHN SCHUMACHER, 7500 W 29th AVENUE. WHEAT RIDGE, CO 80033 Phone: 303-235-2853 Fax: 303-235-2857 For the Conauttant: PHILIP GODDARD, 3190 S. WADS\NORTH BLVD., STE 220, LAKEWOOD, CO 80227 Phone: 303-973-7766 ext. 101 Fax: 303-380-0060 ARTICLE 13-ASSIGNMENT AND SUB-cONSUL TANIS The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The sub-consultants perrritted by the City shall be subject to the requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement The Consultant shall be responsible for the performance of any sub-consultant. ARTICLE 14-SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the Intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared Invalid or become inoperative for any reason, such invalidity 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 waiver of any other term, or the same term upon subsequent breach. ARTICLE 15-INTEGRATION OF UNDERSTANDINGS This Agreement Is Intended 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 herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Consultant ARTICLE 18-PROHIBITION ON EMPLOYING OR CONTRACTING WITH ILLEGAL ALIENS A. The Consultant hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an Illegal allen 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 this Agreement. B. The Consultant shall not knowingly employ or contract with an illegal alien to perform the work under this Agreement or enter into a contract with a sub-consultant that fails to certify to the Consultant that the sub-consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement 4 C. The Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation In either the E-Verify Program or the Department Program. D. The Consultant is prohibited from using the Programs procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. E. If the Consultant obtains actual knowledge that a sub-consultant performing the wor1< under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (a) notify the sub-consultant and the City within three {3) days that the Consultant has actual knowledge that the sub-consultant is knowingly employing or contracting with an illegal alien; and {b) termmate the subcontract with the sub-consultant if within three (3) days of receiving the notice, required pursuant to C.R.S. § 8-17.5-102(2)(111){A), the sub-consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three (3) days the sub-consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. F. The Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Departmenr) 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). 5 ARDCLE 17-AUTHORIZATION Each party represents and warrants that it has the power and ability to enter Into this Agreement, to grant the rights 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 wr1tten above. AUEST: MICHAEL SNOW, CITY CLERK DATE (Seal) ATTEST TO CONSULTANT: OWNER CITY OF WHEAT RIDGE 7500 W 29111 AVENUE WHEAT RIDGE, CO 80033 303-2 900 JERR CONSULTANT BUILDING CODE SERVICES INTERNATIONAL 3190 S. WADSWORTH BLVD., STE 220 LAKEWOOD, CO 80227 TITLE 7 6 ~ i ~ ... ... _ ., City of • JP'WlieatRi_dge REQUEST FOR PROPOSALS RFP-10-08 PROPOSAL DUE DATE: MONDAY, JUNE 07,2010 BY 4:00PM OUR CLOCK ON-CALL BUILDING INSPECTION SERVICES SEALED PROPO$ALS MUST BE MAILED OR DELIVERED TO: City of \Mleat Ridge Municipal Building Attention: Linda Trimble, CPPO, CPPB 7500 W 29111 Avenue. Purchasing & Contrac1ing Division \Mleat Ridge, CO 80033 303--235-2811 IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. FEIN/SSN (Required)---:::-:---:-:~~:----------------­Federel 1.0. Number COMPANY __________________________________ __ ADDRESS __________________________________ _ CITY/STATE/ZIP ____________________________ _ PHONE----------------FAX. ______________________________________ _ AUTHOR~SIGNATURE·---~~-~~~~~-----------­Thls Is required. Must be In Ink TYPED/PRINTED NAME. ________________________ _ TITLE-------------EMAIL _______________________________ _ ACKNOWLEDGE EACH ADDENDUM NUMBER INITIAL YOU REVIEVVED ALL---- Proposer Is responsible for foUowlng up on all addendurns DO YOU ACCEPT VISA? -------IT IS THE PREFERRED PAYMENT METHOD. DO NOT CONTACT THE REQUESTlNG DEPARTMENT OR MEMBERS OF THE EVALUATlON COMMTTEE. Signature acknowledges that Proposer: has read the bid documents thoroughly before submitting a proposal, will fulfill the obligations In accordance to the scope of worf( or specifications, terms, and conditions, and is submitting without collusion with any other Individual or firm. Only one (1) proposal will be accepted from any person, firm Of corporatron. Flrms must submit proposal with an authorized signature. POINT OF CONTACT; Linda Trimble, Purchasing Agent, ltrimble@cl.wheatridge.co.us or tax 303-234-5924. MUST SUBMIT THIS SIGNATURE PAGE WITH YOUR PROPOSAL I. INTRODUCTION A. Genel'll RFP-10-08 PROPOSAL REQUIREMENTS/SELECTION CRITERIA BUILDING INSPECTION SERVICES The City of Wheat Ridge (CO'NR) Municipal Building is located In the northwest area of Denver metropolitan, 7500 W 2911 Avenue, Wheat Ridge, CO 80033. The City's area consists of about nine square m~es of roBing land adjacent to the interstate 70 transportat.ion corridor between Denver and the Rocky Mountains. The topography Is somewhat unique, with a natural ridge traversing the City. The City Is a suburban community of appro»matety 33,000 residents. The City Is a home-rule municipality with an eight member council, city manager and mayor form of gOYemment. B. Background Over the past three years the total valuation of permitted work has averaged $35,986,640.00 per year; the collected plan review for the past (3) years has averaged $139,890.88 and permit fees for the past (3) years has averaged $443,540.34 per year; an average of 1517 permits issued. In comparing the 2006 mid-year numbers to the past (3) years mid-year average, total valuation Is up approximately 24%; collected plan review and permit fees are up approximately 15°,(,, permits are down approximately 5%. In 2005 approximately 4081 inspections \Nere performed. Per the 2006 mid y88f totals, we are currently running approximately 54% behind of last year's numbers. Since 1998 we have averaged 18 inspections per day, for 2006 at mid-year we are averaging 12 inspections per day. This position is as-needed. Some days the contract Inspector may do 25 Inspections and other days there maybe No inspections. Currently we have a combo building inspector that does most of the Inspections. This position is needed when we are short staffed and need someone to fill in for a day or need some additional help at the hospital. There will be many days that we will not use the contract inspector. In most instances you will be notified the same day when your service is needed. Currently the Building Official manages the budget to spread out the contract inspections through out the year. This contract is not a replacement d our current staff. This position will mostly do commercial/hospital inspections with an as-needed approach to residential inspections. Inspections are taxed to the successful contractor. Contractor will complete and bring into our office. Building Constn£tion Valuation Data Fee Chart, see attached 8chlblt 1. C. Objecttve The City seeks to contract with a primary and a secondary firm to provide building inspection services and back-up personnel. as needed. The primary contractor shall receive the wor1<. The secondary shall receive work if the primary contractor wOO<Joad is too heavy or the performance of the primary is not satisfactory. Term shall be for one (1) year with the option to renew for 3 on~year renewals. II. SCOPE OF SERVICE$ The actual services to be performed will be determined by the City to Include but not limited to the following areas: Inspections • Perfonnance of building, electrical. mechanical, plumbing, and residential code inspections. • Inspections shall be performed no later than the wori<day following the inspection request. • All correction notfces issued for observed violations shall be in writing. • All completed inspection reports shall be returned to Building Division staff no later than the following worl<day. 3 To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outiW!e desCribed below and, at a minimum, contain the required infonnation. Respondents are encouraged to include additional relevant Information. 1.) Qualifications and Experience (40%) • An overview of your company's history. Include information on firm size, m..mber of employees, years in business, location of wori<ing office and asstxance of your financial stabRity • Ust a minimt.m of three (3) current or within the past three (3) years references. Include contact name, firm or agency, phone number or email and a summary of similar services provided. • Resumes of each inspector who will perform these services: include qualifications and experience. E.ch Inspector must be ICC certified in 3 out of the 4 foUowlng tlsclpllnes: Commercial Electric, Structural, Pll.ITlbing, Mechanical Each Inspector must demonstrate a minimum of 3 years ICC certified experience In each of the disciplines. The expectation is for the inspector to perform several disciplines at any given site. • Describe Individual experiences with the City or other government agencies • Provide any unique strengths or experiences 2.) Current Workload and Approach (20%) • Provide Information on your current wori<foad. Summarize your term contracts and new clients. • Explain how these services will be accomplished • Detail your approach and timellnes for completing the jobs. • Identify any foreseeable problems In the Implementation of the program • Detail any recycle, sustainable or greening efforts by your firm • Detail a list of what portion of the work, If any. will be subcontracted. 3.) Fee Schedule (40%) • Provide a statement of fees, Including inspector rates or per inspedion rate, travel, reimbursable expenses and any other related costs. Rates are negotiable. IV. SELECTION PRQCESS The salection process may involve two stages: 1) written submittals will be evaluated and scored and 2) oral interviews with the highest-ranking firm(s), If requested. 1. Screening PaneUShort Ust: Submittals will be evaluated in accordance with the evaluaion criteria above. The paneJ will review and score the proposals. Firms ranked the highest may be Invited to an oral Interview. 2. Oral lliervje.vs: It Is anticipated that oral interviews will be condl.ded the week of June 21 , 2010. Firms will be notified In writing of the short list. Short listed firms will receive interview instructions. The interview panel will, In particular, be Interested in knowing more about previous expenenoes, project ap~oach and In meeting the Individuals who will act as the primary contacts with City staff. 3. Final Selection: The City wiD attempt to negotiate a contract with the highest overall ranked firm. The City reserves the right to base its evaluation on a "Should Cosr analysis to reflect the real costs to the City arising out of or incidental to the award. Proposing firms should therefore avoid unbalanced pricing and other cost presentation tactics that attempt to understate, conceal or distort real costs or otherwise take advantage of a mere formula-oriented, non-judgmental type of cost or price analysis. The City shall look to substance more than format and shall perform Its cost and price evaluation on the basis of probable real costs. IV. SELECTION PROCESS The selection committee may make a selection based on the proposals received or may choose to "short list" prospective firms. The selection process may involve two s1ages: 1) written submittals wll be evaluated and scored and 2) oral interviews With the hlghest-ran)(lng firms, If requested. 5 by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation followed by the slgnat\lre and designatiOn of the President, Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affiXed thereto. 7. AN!! COLLUSION CLAUSE No officer or empiC1fee of the Clty of Wheat Ridge, and no other public official, or employee, who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial Interest, direct or Indirect, In any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this Service. 8. INSURANCE The successful Proposer shall, dut1ng the tarm of this Agreement and until completion thereof, provide and maintain the following types and minimum Insurance coverages as follo.vs: Type of Insurance Standard Workers' Compensation & Employers' UabDity Including Occupations Disease Coverage Comprehensive General Liability Insurance Comprehensive Automobile Errors and Omissions Minimum Limits of LlabHity Statutory in conformance with the compensation laws of the State of Colorado $260,000 each person; $1 ,ooo,ooo each occurrence $250,000 each person; $1 ,000,000 each occurrence The successful Proposer shall affect the insurance policies In a company or companies and In a form satisfactory to the o.vner. Before commencing any performance under this Agreement, successful Proposer shall deliver, to the City. Certificates of Insurance issued by the insurance company, andlor Its duly authorized agents pertaining to the aforementioned Insurance, and certifying that the policies stipulated above are In full force and effect. All policies and/or Certificates of Insurance shall Include each Individual entity as an additional naned Insured, except for Workers Compensation and Auto. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Ad., sections 24-10.101, C.R.S .• as amended. Wotters' Compensation Insurance -The contractor shall provide workers' compensation Insurance coverage for all persons employed to perform the wofi( to be done under the contract and assure that all workers will receive the compensation for compensable injuries. A cow of the workers compensation policy is required to be submitted to the City as part of this Proposal. Protessjonal Llibi!ity Insurance -Evidence of Professional Liability Insurance wlll be required upon award of the project. 9. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, ficenses and regulations shall apply to the award throughout and herein incorporated here by reference. 10. SUBCONTRACTING No portion of this Proposal may be subcontracted without the prior written approval by the City. 11. §ALES PRQH!BITED I CONFUCT OF INTEREST No of'flcer, 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 au1hority concerning such sale or any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertairvnent, 7 request parts of their proposals to remain confidential and shall Indicate In the proposal and on the appropriate proprietary or financial pages. All information induded in any Proposal that Is of a proprietary nature must be~ marked as such. The City shall be held harmless from any claims arising from the release of proprietary information not dearly designated as such by the proposing firm. 8. COMPEllT!YENESS ANQ INTEGRITY The Purchasing Office maintains control of Its internal and third party communications during the procurement process to prevent biased evaluations and compromises of confidential Information and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disdose their pricing to any employees of the City other than the contact representative. Attempts by proposers to establish lnfomlal communication channels regarding this procurement will be viewed negatively and sh~ result in rejection of the offending firm's offer. 9. PROPOSAL FORMAT All responses to this Request For Proposal shall use the respondent's format except for those pages. which have blanks to be filled In by the respondent or those pages marked for return with proposal. A proposal can be rejected by the City, If the firm falls to completely fill in all blanks for evaluation of the proposal or tans to answer all questions. Proposal should be submitted initially on the most favorable terms. All proposals shall be prepared In a comprehensive manner as to content; however no necessity exists for expensive binders or promotional material. All costs, including travel and expenses incurred In the preparation of this proposal shall be borne solely by the Proposal. 1 0. PROPOSAL REJECDON ANPIOR PARDAL ACCEPTANCE: The City reserves the right to: • rejed any and all proposals • accept other than the lowest price • waive minor defects or technicalities, formalities and informalities • accept in whole or in part such proposal where it Is deemed advisable • make an award on the basis of the apparent greatest benefit to the City • alter the scope of work reasonably and RFP documents until a contract Is executed. 11 . GOVERNING LAW: The laws of the State of Colorado shall govem any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, S1ate of Colorado. In the event of litigation, the exclusive venue and place d Jurisdiction shall be the State of Colorado, and more specifically, Jefferson County, Colorado. 12. I AXES AND LICENSES BY THE AWARDED CONJBACTOR Contractor shall promptly pay, when they are due, all taxes. excises, license fees, and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required munldpal, county, state or federal Jfcenses required to perform this work. Contractor shall furnish the City upon request, duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes. Contractor shall promptly pay, when due, all bills, debts and obligations It incurs performing work under this agreement and to allow no lien, mortgage, judgment. or execution to be filed against land, facilities, or improvements owned by the City. 13. PROMP! PAYMENT PISCQUNJS: In determining the most responsive priced proposal(s), the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified In the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor In the evaluation of proposals. In connection with any prompt payment discount offered, time will be com~ed from date of receipt of a correct invoice to indude the receipt and acceptance of performance. 14. OWNERSHIP OF CONTRACT PRODUCTS: All products produced from the awarded contract shall be the sole property of the City. 15. FUNDING There is in effect within the City of W'leat Ridge. Colorado, Section 2-4 of the City's COde of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The Contractor Is specifically 9 ......... ~ .· . EXHIBIT 2 Section 3 -Fee Schedule SCSI Inspection Fees Code/Category Single-family Multi-family per unit Combination $30 for 1st+ $10 x each additional category (per trip) Minimum charge $100 minimum fee per day will be charged. Example: If inspection requests generate less than $100 in SCSI fees, a minimum fee Will charged to make up the difference of SCSI fees and $100.00. BCSI I n.spectlon Fees -Alternate Wheat Ridge Current SCSI Inspection Fee Fee Category Residential 50% of Penn it Fee ~ Commercial 60% of permit fee Other Reviews ( misc. or separate 75% of permit fee building, plumbing, mechanical, electrical, permits) Note: The above fee table, SCSI Inspection is based on the current Wheat Ridge fee schedule. If changes to Wheat Ridge permit fees are made, our fees will be renegotiated. Inspection fees are billed at the end of the month inspections are perfonned. Tenns. Net 30 Building Code Services lntematlonal Response to Wheat Rldge RFP·1Q-08 18