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HomeMy WebLinkAboutRFQ-JN-16-26 Bohannans rCy .r! t fkLdge- 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. SEAL" Aomp=#., 6 1�wffr/xvw�x (SEAL) ATTEST TO CONTRACTOR: A) NAME Cmvnsal TITLE 11- 11- DATE ASH LcY OLDEN NOTARY PUBLIC STATE; OF COLORADO NOTARY 10 20144038113 MY COMMISSION EXPIRES SEPTEMBER 30, 2018 .. -I_ __� �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.