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
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TITLE
JV~ j ~'Jna 3 VIS
OWNER
CITY OF WHEAT RIDGE
7500 W 29TH AVENUE
WHEAT RIDGE CO 80033 (30~) 234-5900 l
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JOYQt JA~ITY MAYO
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CONSULTANT
BOHANNAN HUSTON, INC.
Meridian One
9785 Maroon Ctrcle. Suite 140
Englewood, CO 80112
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TITLE
LoA-£/TA L V4t11s
PRINT NAME
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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
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