HomeMy WebLinkAboutRFQ-JN-16-26 Bohannans rCy .r!
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CITY OF WHEAT RIDGE
R FQ-JN-16-26
ON-CALL LAND SURVEYING - GIS SERVICES AGREEMENT
THIS AGREEMENT made this 101h day of November 2016, by and between the City of Wheat Ridge, Colorado.
hereinafter referred to as the "City' or "Owner" and Bohannan Huston, Inc., 9785 Maroon Circle, Suite 140,
Englewood, CO 80112, a New Mexico 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 shall serve as the City's Contractor and provide as a minimurn all of the professional services
necessary for completion of RFQ-JN-16-26 ON-CALL LAND SURVEYING GIS SERVICES, as more fully described
in the Request for Qualifications and the response of the Contractor to the RFQ and incorporated 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 Contractor has been authorized to proceed by the City. The term of this
agreement for on-call services is for one year with the option to renew for four (4) one-year renewal periods.
No work is guaranteed.
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
provided and the Contractor shall accept payment in accordance to the agreed fee schedule. (See attached letter
dated 1111116 and Fee Schedule.)
,1. Invoices
Invoices will be submitted by the Contractor, on the City's payment form, for services performed and
expenses incurred pursuant to this Agreement. The timing and amount of the invoices shall be based on the
completion of the work that meets the milestones specified in the individual taste orders. The processing of
payment will be expedited by the Treasurer's Office through proper accounting procedures. Payment will be
made to the Contractor within thirty (30) days of the receipt of the approved invoices, The payment form shall
be provided by the requesting department at the kick-off meeting.
R. 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 consultant 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. This contract is specifically subject to the
provisions of said Ordinance and adopted Code Section.
ARTICLE 4 -IND'EP'ENDENT 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, 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 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 bona fide employee
working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or
RFQJN-16-26 0n-CaII land Surveying - CAIS Serviec Agreement I
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 Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award
and prier 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 minimum types
and coverage of insurance.
Type of Insurance
Standard Workers' Compensation
Including Occupational Disease Coverage
Employers" Liability
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
$500,000 each person..
$500.600 each accident.
$500,000 each disease
$250,000 each person,
$2,006.000 each occurrence
$250,000 each person;
$1,000.060 each occurrence
All Liability policies andlor Certificates of Insurance shall include the City of Wheat Ridge as an additional named
insured, except for 'Professional Liability.
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 24-10-101. C.R.S., as amended.
ARTICLE 5 - 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, 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 Contractor to provide services pursuant to the teras 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, 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 training, including 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 previsions of this nondiscrimination clause.
RFQ-JN-10-26 On -Call Land Surveying - GIS Scr% ices 1gi-ccnient 2
The Contractor 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 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 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 jurisdiction 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 worts 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 nonce. In the event of such
termination, the consultant will be paid 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 IN WRITING
For the City: Steve Nguyen 7500 W 29TH AVENUE. WHEAT RIDGE, CO 80033
Phone 303-235-2862 Fax 303-234-5924 Email: snguyen@ci.wheatrldge.co.us
For the Consultant:
Contact: c , c _ '- ZA H t" r S' -
Company Name: Bohannan Huston Inc.
Address: V'7Y5_ ICIARce:AJ e,k eco 4c,
Phone:. 3. `,* % - / & Fax: J r.
7 -5'/-:&.s� Email: a y '_s rte, i . e r
ARTICLE 13 - ASSIGNME=NT AND SUBCONTRACTORS
The dunes 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 City 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.
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
RFQ-JN-16-26 On -Fall Land Surveying (il5 %anise% Agrccnicnt 3
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
Contractor
ARTICLE 16 - ILLEGAL ALIEN COMPLIANCE
ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and Public Law 208, 10411' Congress,
as amended and expanded in Public Law 156, 108", Congress, as amended.
The Contractor certifies that he shalt comply with the provisions of CRS 8-17.5-101 et seq. The Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien. The Contractor represents, warrants, and
agrees: it has verified that it does not employ any illegal aliens through participation in the Basic Pilot Employment
Verification Program administered by the Social Security Admin and Department of Homeland Security, or otherwise
will comply with the requirements of CRS 8-17.5-101(2)(b)(I). The Contractor shall comply with all reasonable
requests made in the course of an Investigation by the CO Depart of Labor & Employment. If the Contractor fails to
comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate the contract for
breach and the Contractor shall be liable for actual & consequential damages to the City.
RFQ-JN-16-26 0n -C all Land Surveying—GIS Service: Agrectriml 4
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.
Elated this ICS Day of 2016
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials, this Agreement in two (2) copies. each of which shall be deemed an original on the date first written above.
OWNER
ATTEST TO OWNER.
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ATTEST TO CONTRACTOR:
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NAME
Cmvnsal
TITLE
11- 11-
DATE
ASH LcY OLDEN
NOTARY PUBLIC
STATE; OF COLORADO
NOTARY 10 20144038113
MY COMMISSION EXPIRES SEPTEMBER 30, 2018
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�ULOR
RFo-IN-I6-16 On -Call Lane! Surveying— GIS Services Agmemcno 5
CITY OF WHEAT RIDGE
7500 W 29TH AVENUE
WHEAT RIDGE, CO 80033
(303) 234-59017,.--,,
Y, QkTX MAYOR
CONTRACTOR
BOHANNAN HUSTON. INC.
9785 MAROON CIRCLE. SUITE 140
ENGLEWOOD. CO 80112
SIG ATURE ! —
%5CJV10&_ 1/1&r_ r' srb eA 7
TITLE
rLCafc'�- 7�rf� _�'q ifs
PRINT NAME
'3C3 "299. 5-/6
PHONE NUMBER
Bohannan,L Huston
November 1, 2016
Jennifer Nellis, CPPB
Purchasing Agent
City of Wheat Ridge
7500 W. 29''' Avenue
Wheat Ridge, Colorado 80033
Dear Ms. Nellis,
Meridian One
9785 Maroon Circle
StAte 140
Englewood, CO
80112-5928
www.bhinc.com
voice: 303.799.5103
facsimile: 30 3.799.5104
toil free: 877.799.5103
Enclosed please find Bohannan Huston's relevant Fee Schedule for Land Surveying and GIS On -Call Services.
Please note that we have waived mileage expenses as a gesture of our continued commitment and desire to
work with the City of Wheat Ridge.
Additionally, the City is never charged for the Principal -in -Charge's time on the project, as this role is to ensure
we are both successful.
We look forward to continuing to work with the City and we appreciate the opportunity to serve your
community.
We can be reached at 303.799.5103 or by email at Idavis@bhinc.com if we can provide any additional
information or answer any questions.
Thank you again,
Sincerely,
Loretta L. Davis Roger Nelson, PLS, CFedS
Senior Vice President Survey Services Manager
Engineering A
Spatial Data A
Advanced Technologies •
BCIHANNAN HUSTON, INC.
FEE SCHEDULE
November 1", 2016 to October 31'', 2017
MATERIALS AND REIMBURSABLE EXPENSES
Plotting, Printing and Binding —As invoiced at cost of labor and materials.
Courier / Delivery Service - As invoiced by provider. WAIVED
Mileage — Two -Wheel Drive Vehicle rate as published for the IRS Standard Mileage Rate. WAIVED
Four -Wheel Drive Vehicle rate is the IRS Standard Mileage Rate plus $0.10 per mile. WAIVED
Survey Equipment Charge -$25.00/Hour..
Survey Material Charge -$1,00/Hour.
Expert Witness - Rates shall be $300.00/Hour with a minimum of four hours while in court.
Other Direct Project Expenses - At Cost.
Overtime - Performed upon request of the client; will be invoiced at 1.30 times the standard hourly rate.
Applicable Grass Receipts or Sales and Use Tax - Added to all fees charged for professional services unless
they are exempt and official documentation is on file with Bohannan Huston, Inc.
HOURLY RATES ILEVEL
PROFESSIONAL
1
2
3
4
5
6
7
Surveyor
$95
5105
$125
$145
$165
$205
$235
Photograrnmetrist
$95
$105
$125
$145
$165
$205
$235
Systems & Technical Manager
Computer, CADD. Spatial Data.
Photogrammetric.Multi-Media
$105
$115
$130
$145
$165
$205
$235
Geospatial Analyst
Mapping Photogramm€;try, GISSpecialist
S'70
$75
$80
$90
$100
$115
$135
Survey Technician
Party Chief, Instrument Person, Survey Specialist
$70
$75
$80
$90
$100
$115
$135
Engineer
$95
$105
$125
$1+45
$1+65
$205
$235
Engineering Technician
Engineering Designer CADD Consultants
570
$75
$80
$90
$100
$115
$135
ProgrammerlAnalyst
$110
$120
5135
$155
$175
$210
$245
Administrative Assistants
Clerical, Administrative Assistants
$55
1 $65
$75
1 $85
$95
1 $105
$120
MATERIALS AND REIMBURSABLE EXPENSES
Plotting, Printing and Binding —As invoiced at cost of labor and materials.
Courier / Delivery Service - As invoiced by provider. WAIVED
Mileage — Two -Wheel Drive Vehicle rate as published for the IRS Standard Mileage Rate. WAIVED
Four -Wheel Drive Vehicle rate is the IRS Standard Mileage Rate plus $0.10 per mile. WAIVED
Survey Equipment Charge -$25.00/Hour..
Survey Material Charge -$1,00/Hour.
Expert Witness - Rates shall be $300.00/Hour with a minimum of four hours while in court.
Other Direct Project Expenses - At Cost.
Overtime - Performed upon request of the client; will be invoiced at 1.30 times the standard hourly rate.
Applicable Grass Receipts or Sales and Use Tax - Added to all fees charged for professional services unless
they are exempt and official documentation is on file with Bohannan Huston, Inc.