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HomeMy WebLinkAboutCode Consultants Intl On-Call Building Inspex Svcs Agreement 9-23-2014CITY OF WHEAT RIDGE RFP-14·20 ON-CALL BUILDING INSPECTION SERVICES AGREEMENT THIS AGREEMENT made this 23rd day of September 2014, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and Code Consultants International CCCI), 3190 S. Wadsworth Blvd .. Suite 220. Lakewood. CO 80227. a Colorado corporation. hereinafter referred to as the ·contractor". WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 -SERVICES The Contractor shalf serve as the City's Contractor and provide as a minimum all of the professional services required as per RFP-14-20 ON-CALL BUILDING INSPECTION SERVICES, including field inspect1ons associated with the City's building, electrical, plumbing, mechanical, structural and residential codes and other services on an as-needed performance bas1s as described in the Request For Proposal and the response of the Contractor to the RFP incorporated herem by reference. Each inspector must be ICC certified in 3 out of 4 of the following disciplines: Commercial Electric, Structural, Plumbing or Mechanical. ARTICLE 2 -TERM The work to be performed under this Agreement shalf commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Contractor has been authorized to proceed by the City. THE TERM FOR THIS AGREEMENT IS THROUGH September 30, 2015, 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 Contractor's performance is acceptable and the pricing remains the same the agreement may continue 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 same. • 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 Contractor's performance is not acceptable the City and Contractor may elect to continue the agreement on a month to month bas1s 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 Contractor for services rendered. The following fee schedule shall apply for services requested by the City and performed by CCI personnel: Inspections: $75/hr. w1th a 2 hour m1nimum per inspector per day. CCI shalf bill portal to portal, beginning from the time the inspector leaves CCI's office or other point of origin within the metro area and ending when inspections and paperwork are completed and the inspector leaves Wheat R1dge. If paperwork is done after leavsng Wheat Ridge this activity will be billed in 15 minute increments for actual RFP-14-20 Agreement Page 1 time at this rate ($75/hr.). Billing rate included mileage. Plan Reviews: $105/hr. with a 4 hour minimum Building Official Back-Up: $105/hr wtth a 4 hour minimum. Advance notice and brief orientation is needed for CCI to provide this service. There ts no charge for computer, telephone, postage, copies or other ordinary costs and expenses. Pricing shall remain firm during each renewal period. A. Invoices by Task Invoices will be submitted by the Contractor monthly for services performed and expenses incurred pursuant to this Agreement dunng the prior month. The processtng of payment will be expedtted by the Treasurer's Office through proper accounting procedures. Payment will be made to the Contractor within th1rty (30) days of the receipt of the approved invo1ces for services rendered. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision 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 advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787 , Series of 1989, and expressly incorporated herein. Th1s contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 -INDEPENDENT CONTRACTOR In performing the work under this Agreement. the Contractor acts as an Independent contractor 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 Contractor. as an independent contractor, ts 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 City 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 bonafide 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 working solely for the Contractor, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award 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 discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee ARTICLE 5 -INSURANCE In accordance with Art1cle 4 above, the Contractor shall furnish a certificate of insurance upon notification of award and prior to performance. Work shall not commence under this Agreement until the Contractor has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following m1n1mum types and coverages of insurance. Type of Insurance Minimum limits of liability Worker's Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease RFP-14-20 Agreement Page 2 Commercial General Liability (including Premises-Operations, Independent Contractor's Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury $1 million per occurrence $2 million aggregate • Property Damage $1 million per occurrence $2 million aggregate Professional Liabilitl£ Insurance {Errors and Omissions} Evidence of professional liability insurance in the amount of $1 ,000,000 per occurrence will be required upon award of this project. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury $1 million per occurrence • Property Damage $1 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. 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 Governmentallmmun1ty Act, sections 24-10-101, C.R.S .. as amended. ARTICLE 6 -INDEMNIFICATION The Contractor 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, mcluding 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 Contractor to provide services 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 Proposal. or if no provision exists, pursuant to the terms of the Change Order. ARTICLE 8-EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against 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. rehg1on, 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 termination, rates of pay or other forms of compensation, and selection for training, mcluding apprenticeship., The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the RFP-14-20 Agreement Page 3 provisions of this nondiscrimination clause. The Contractor will cause the foregoing prov1sions to be inserted in 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 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. 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 parties agree that venue and Junsdict1on for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11-TERMINATION The Contractor 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 Contractor 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 unperformed at the time of such termination 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 termination, the Contractor will be pa1d for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor 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, Chief Building Official, COMMUNITY DEVELOPMENT DEPARTMENT, 7500 W 29th AVENUE, WHEAT RIDGE, CO 80033 Phone 303-235-2853 Fax 303-237-8929 jschumacher@ci.wheatridge.co us For the Contractor: Phil Goddard, CBO, Code Consultants International, 3190 S. Wadsworth Blvd., Suite 220, Lakewood, CO 80227 Phone 303-973-7766 x 101 Cell720-273-3225 phil.goddard@buildingcsi.com ARTICLE 13 -ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the C1ty shall be subject to the requirements of this 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. RFP-14-20 Agreement Page 4 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 prov1s1on 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 addit1on. deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in wntmg. 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 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 deftned in C.R.S. §§ 8-17.5-101(3.7) and (3.3), respectively, (the "Programs") in order to conf1rm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. B The Contractor shall not knowingly employ or contract with an illegal alien to perform the work under this Agreement or enter into a contract w1th a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract w1th an illegal alien to perform work under this Agreement. C. The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation in either theE-Verify Program or the Department Program. D. The Contractor is prohibited from using the Programs procedures to undertake pre-employment 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 know1ngly 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 term1nate 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 allen. F. The Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made 1n the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). RFP-14-20 Agreement Page 5 ARTICLE 17 -AUTHORIZATION Each party represents and warrants that 1t has the power and ability to enter mto this Agreement. to grant the rights granted herein and to perform the dut1es 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 onginal on the day and year first wntten above. ATTEST: JANELLE SHAVER, CITY CLERK DATE (Seal) APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY ATTEST TO CONTRACTOR: NAME TITLE DATE RFP-14-20 Agreement OWNER CITY OF WHEAT RIDGE 7500 W 29™ AVENUE WHEAT RIDGE, CO 80033 303-23~5900 JOYCE JAY, MAYOR CONTRACTOR CODE CONSULTANTS INTERNATIONAL 3190 5. Wadsworth Blvd., Suite 220 Lakewood, CO 80227 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE Page 6 ARTICLE 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 onginal on the day and year first written above. ATIEST: (Seal) 'ATTEST TO CONTRACTOR; TITLE '1/ZS]/~ DATE RFP-14-20 Agreement OWNER CITY OF WHEAT RIDGE 7500 W 29nt AVENUE WHEAT RIDGE, CO 80033 303-234-5900 tONTRAGTOR CODE CONSULTANTS INTERNATIONAL 3190 S. Wadsworth Blvd., Suite 220 Lakewood, CO 80227 TITLE 7 I "'51,~ Page 6