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HomeMy WebLinkAboutKipling Multi-Use Path QA Agreement. ~ " .. " "' City of JP'Whe atRi_dge KIPLING MULTI-USE PATH WALL DESIGN and CONSTRUCTION STRUCTURAL QUALITY ASSURANCE (QA) SERVICES AGREEMENT THIS AGREEMENT made this 22nd day of July 2015, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the wCity" or wowner" and Bohannan Huston, Inc., 7500 Jefferson St. NE Courtyard, Albuquerque, NM 87109-4335 with offices at Meridian One, 9785 Maroon Circle, Suite 140, Englewood, CO 80112. 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 as a minimum all of the professional design and quality assurance services listed as the followmg tasks as detailed in the proposal dated 06.30.15, (attached). Bohannan Huston, Inc. (BHI) is the project design firm on record for the K1pling Multi-Use Path, per award of RFQ-JN-12-24. The scope of th1s agreement falls outside the scope of the original project. There are three tasks associated with this agreement: Task 1Scope and Fee: CIP Concrete Retaining Wall Design BHI will design a retaining wall approximately 174 feet long and with a max1mum height of 4 feet, to meet the needs of the project, and will prepare a structural cross section and joint details, as well as detailing a railing mount system for the top of the wall to accommodate the C1ty's intended handrail Special matenal specifications. quantities and cost estimates are excluded. The fee for Task 1 1s $2,460.55. Task 2 Scope and Fee: Construction Phase Structural Engineering Services BHI will provtde structural element shop draw1ng and subm1ttal reviews and request for information (RFI) response services for the structural elements of BHI's original design responsibility which include a steel prefabricated truss bridge and foundations as well as a trail/drainage conveyance crossing structure. Site visits are excluded. The fee for Task 2 is $3,814.26. Task 3 Scope and Fee: Construction/Steel Fabrication-Structural QA Inspection and Review Services BHI will provide review of the specific contractor and fabrication requirements as spec1fied in COOT specification 509 for the steel prefabricated truss bridge. Th1s includes one fabrication facility site visit to review the fac1lity quality and one pre-paint site visit to inspect the fabricated bridge for acceptance. BHI will provide documentation of the individual reviews and final acceptance in the form of a memorandum for each. The fee for task 3is $11 ,546.26 for QA services, and $2,050 is estimated for reimbursable expenses (which will be billed at actual cost). These fees include expenses associated with transportation and meals for site v1sits to the bndge manufacturer, and exclude v1s1ts to the project construction site. Kipling Multi-Use Path Wall Design and Quality Assurance Services Agreement Page 1 The C1ty shall also pay BHI a f1xed fee in addition to the identified costs. in the amount of $1 ,782.11 . The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (wh1ch is incorporated herein by this reference) for the design/construction of the project. The State is an intended third-party beneficiary of th1s agreement for that purpose. Upon advertisement of the project work for construction, the Consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. The Consultant shall rev1ew the Construction Contractor's shop drawings for conformance Wlth the contract documents and compliance w1th the provisions of the State's publication, Standard Specifications for Road and Bridge Construction. in connection with this work 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 and may extend through January of 2016, dependent upon construction contractor scheduling. 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, as estimated, the Consultant shall accept a total amount not to exceed $21,653.18 for such serv1ces. A. Method of Payment The method of payment for th1s project w1ll be Cost Plus Fixed Fee. All fees and expenses are limited to those costs allowable under the cost principles of 48 CFR 31 . B. Invoices Invoices will be submitted by the Consultant, on the City's payment form, monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The processing of payment will be expedited by the Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant w1thin th1rty (30) days of the receipt of the approved invoices for services rendered. The City's payment form is attached. In addition, all billings shall comply with the State's standardiZed billing format. C. Funding There is in effect wtthin the City of Wheat Ridge, Colorado, a prov1sion of the City's Code of Laws wh1ch limits the amount for wh1ch the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The consultant is specifically advised of the provtsions 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 Consultant 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 Consultant, as an Kipling Multi-Use Path Wall Design and Quality Assurance Services Agreement Page 2 independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Consultant are not and shall not become employees, agents or servants of the C1ty 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 bona- fide employee working solely for 1t, to solic1t or secure this Agreement, and that 1t has not pa1d or agreed to pay any company or person, other than bona-fide employees working solely for the Consultant, any commission, percentage, brokerage fee, gifts, or any other consideration. conttngent upon or resulting from the award or making of th1s Agreement. For breach or violation of this warranty, the City will have the nght to annul this Agreement without liability, or in 1ts discretion to deduct from the Agreement price or consideration, or otherw1se recover the full amount of such fee, comm1ssion, percentage, brokerage fee. gift, 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 C1ty and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverage of 1nsurance. Tvoe of Insurance Standard Workers' Compensation & Including Occupational Disease Coverage Employers' Liability Comprehensive General Liability Insurance Comprehensive Automobile Professional Liability (errors and omiss1ons} Mm1mum Limits of Liability 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; $2,000,000 each occurrence $250,000 each person; $2,000,000 each occurrence Employers' Liability and, Comprehensive General Liability policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured. Nothing here1n shall be deemed or construed as a waiver of any of the protections to which the Agenc1es may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. ARTICLE 6 -INDEMNIFICATION 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. entitles. 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 terms of this Agreement. Kipling Multi-Use Path Wall Design and Quality Assurance Services Agreement Page 3 ARTICLE 7 -CHANGE ORDERS OR EXTENSIONS The Crty may, from t1me 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 compensat1on, must be mutually agreed upon in wntlng by the C1ty 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 terms 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 affirmat1ve action guidelines 1n selecting employees and shall ensure that employees are treated equally during employment, without regard to the1r 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 termination, rates of pay or other forms of compensation, and selection for tra1mng. 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 foregomg provisions to be inserted 1n all subcontracts for any work covered by this Agreement so that such prov1sions will be binding upon each subcontractor, 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 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 jurisdiction for disputes regarding performance of this contract 1s with the District Court of Jefferson County. Colorado. ARTICLE 11-TERM INATION The Consultant acknowledges that his fa1lure to accomplish the work as described shall be cons1dered 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. insuffic1ent 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 wntten 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 1s made. The City may terminate the Agreement for its convenience upon thirty (30) days written not1ce. In the event of such termmation, the consultant will be paid for all work and expenses incurred up until the time 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 serv1ces rendered. Kipling Multi-Use Path Wall Design and Quality Assurance Services Agreement Page 4 ARTICLE 12-NOTICES IN WRITING For the CiW Mark Westberg, Civil Engineer II 7500 W 29 AVENUE, WHEAT RIDGE CO 80033 Phone 303.235.2810 Fax 303.234.5924 Email mwestberg@ci.wheatridge.co.us For the Consultant: Mark West, Senior Project Manager Bohannan Huston Meridian One, 9785 Maroon Circle, Suite 140, Englewood, CO 80112 Phone 303.799 5103 x102 Cell 303.503.9848 Email mwest@bhinc.com ARTICLE 13-ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Consultant aristng hereunder cannot be assigned, delegated, nor subcontracted except with the express wntten consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Consultant is responstble for all subcontracttng arrangements and the deltvery of servtces 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 provtsion 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 Thts 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 affect whatsoever, unless embodied herein in writing No subsequent novation, renewal. addition, deletton, or other amendment hereto shall have any force or effect unless embodied in writing and stgned by an authorized representative of the City and the Consultant. Kipling Multi-Use Path Wall Design and Quality Assurance Services Agreement Page 5 ARTICLE 16-AUTHORIZATION Each party represents and warrants thai 11 has the power and ab~tly to enter into this Agreement. to grant the rights granted herein and to perfonn the dulles and obllgattons descnbed herein for KIPLING MUlTI- USE PATH -WALL DESIGN and CONSTRUCTION STRUCTURAL QUALITY ASSURANCE SERVICES Dated thts ____ Day of ------------· 2015 IN WITNESS WHEREOF, the parties hereto have executed. or caused to be executed by their duly authorized officials. lhis Agreement in two (2) copies. each of which shall be deemed an onginal on the date first written above. ATIEST TO OWNER. (SEAL) ASHLEY OlDEN NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20144038113 I ION EXPIRES SEPTEMBER ll 2018 ATTEST TO CO~I*i:,ltN~-.......:..;_;_;;;;...;..;;.;;;:;.:.:..:...:..:....=.;.;.~ (J!!pf~duv rJd t11J 111 ~ lrahve t4s~,.~ {an./. TITLE JV~ j ~'Jna 3 VIS OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE CO 80033 (30~) 234-5900 l '-/ ( Y}o .Jc;zL JOYQt JA~ITY MAYO t/ L../ CONSULTANT BOHANNAN HUSTON, INC. Meridian One 9785 Maroon Ctrcle. Suite 140 Englewood, CO 80112 ~,a,J.f'l't· A _a ~ ScN,tJK. v ~c 111\GS,()£11J7 TITLE LoA-£/TA L V4t11s PRINT NAME ..3t' 1 7 9'7 51£.3 PHONE NUMBER Kipling Multi-Use Path Wall Design and Quality Assurance Services Agreement Page 6 Bohannan~ Huston June 30, 2015 Mr Mark Westburg, PE, CFM Projects Supervisor City of Wheat Ridge 7500 West 291h Avenue, Wheat Ridge, Colorado 80033 Meridian One 9785 Maroon Ctrcfe Suite 140 Englewood, CO 80112-5928 www.bhlnc.com voice. 303.799.5103 facsimile: 303.799.5104 toll free: 877.799.5103 RE: Kipling Multi-Use Path Scope and Fee -Wall Design and Construction Structural QA Services Dear Mark· The following letter and attachments address a scope and fee revisions to the project contract document originally approved by Ctty Council on August 13, 2012, per an email request for service dated June 15, 2015. Task 1: CIP Concrete Retaining Wall Design Project Understanding The trail design prepared by the City from Station 32+50 through Station 34+24, 7 .20' RT requires a retaining wall. The wall is approximately 174 feet long and has a maximum height of 4 feet. The back of the wall resides against the proposed ROW and the toe of the L·footing resides under the sidewalk. The back side of the wall retains a parking lot with potential live load effect as well as a need for mounting of pedestrian railing to the top of the wall. Scope of Work Bohannan Huston, Inc. (BHI) will design the wall and prepare a structural cross section and joint details. We will also detail a railing mount to the top of wall. The mount will be by plate and anchor method to allow for construction alignment tolerances and will receive by field weld the City's handrail as detailed on sheet 11. Special material specifications, quantities and cost estimates are excluded. Fee To address the scope, a manhour estimate for the specific scope (Task 1) has been provided: Retaining Wall and Railing Mount. .......................................................•........... $2,460.55 Task 2: Construction Phase Structural Engineering Services Project Understanding The project includes a steel prefabricated truss bridge and foundations as well as a trail/drainage conveyance crossing structure. These structural elements will require shop drawing and submittal reviews and responses to contractor Requests for Information (RFI's). Scope of Work BHI) will provide structural element shop drawing review and RFI response services for the structural elements of BHI's original design responsibility. Site visits are excluded. Fee To address the scope, a man hour estimate for the specific scope (Task 2) has been provided: Construction Reviews· Structural .................................................................... $3,814.26 Engineering A. Spatial Data A. Advanced Technologies A. Task 3: Construction/Steel Fabrication -Structural QA Inspection and Review Services Prolect Understanding The project includes a steel prefabricated truss bridge. In conformance with the project specifications and COOT's specification 509, a structural QA review and Inspection service Is required for the acceptance of the fabricated bridge. Scope of Work BHI will provide review of the specific contractor and fabrication requirements as speciFied in COOT specification 509. This includes one fabrication facility site visit to review the facility quality and one pre-paint site vtsit to inspect the fabricated bridge for acceptance. The specific reviews are identified In the provided manhour estimate. BHI will provide the documentation of the individual reviews and final acceptance in the form of a memorandum for each. This scope includes expenses associated with transportation and meals for site visits. Sire visits to the project construction site are not included. Fee To address the scope, a manhour estimate for the specific scope (Task 3) has been provided: Construction Fabrication QA-Structural. ................................................................. $11,546.26 Reimbursable Expense Estimate (expenses will be invoiced at actual cost) ....... $2,050.00 Fixed Fee This contract is administered on a cost plus fixed fee basis. The Fixed Fee associated with this proposal is shown below. Fixed Fee Addition ................................................................................................................. $1, 782.11 Schedule It Is our understanding that this work will begin directly upon City of Wheat Ridge Notice To Proceed, and may extend through January of 2016; dependent upon construction contractor scheduling. We appreciate the opportunity to continue to serve the City of Wheat Ridge. Mark A. West, P .E., will be the professional engineer project manager with project oversight and can be reached at (303) 799-5103 or mwest@bhinc.com. We look forward to working with you on this project and ask that if you have any questions on scope or level of effort, or schedule, to please call us to discuss. Sincerely, Senior Vice President Senior Project Manager MW/LD Enclosures \\M»fS1\Ptq«::o\201302A~'Proc>OUI!IICONSTRUCT10N ~"9 Po1tl Walll>d CAOC MtmourJ~ 15 IChJt