HomeMy WebLinkAboutRFQ-JN-16-26 FlatironsJ c fly of
CITY OF WHEAT RIDGE
RFQ-JN-16-26
ON-CALL LAND SURVEYING - GIS SERVICES AGREEMENT
THIS AGREEMENT made thisl8th day of November 2016, by and between the City of Wheat Ridge. Colorado,
hereinafter referred to as the -City' or "Owner" and Flatirons Inc. Surveying $ Engineering, 3825 Iris Avenue,
Stfte 395, (Boulder CO 80301, 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 shall serve as the City's Contractor and provide as a minimum 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 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 10125116 and 2016 Rate Schedule for City of Wheat Ridge On -Call Services )
A 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 task 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.
B Funding
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which tim its
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— 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, 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
RFQ-]N-16-26 Cin-C'all Lain! SLirN cling - GIS Scrvic r, Agreement
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 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 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,
$500,000 each accident.
$500,000 each disease
$250.000 each person;
52,000,000 each occurrence
$250,000 each person;
$1,000,000 each occurrence
All Liability policies and/or 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 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, 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 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, 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 provisions of this nondiscrimination clause.
RFQ-Ila-16-26 On -Fall Land Surveying- GIS Sen ices Agrmnicnt '7
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 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 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.wheatridge.co.us
For the Consultant:
Contact: Z_J Br i S fi o w. Pr -e S L 1 r& t
Company Name: Flatirons, Inc.
Address: 3 g' 2_S" -Tr ;s AL t- -Cte- 31s- 30'A /J -f; Co 8 (13[7!
Phone: 3 o 3-'i Y3-?_oo / ex-+, 2_ - a Fax, 3o3 Email: e- 6e i s t
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 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.
RFQ41SI-I6-26 On -Call Land Sun+ wing - GIS Servic en; Agrmnient 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. 1041"' Congress,
as amended and expanded in Public Law 15+6, 1081" Congress, as amended:
The Contractor certifies that he shall 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.
RFO-JN-16-26 On -Call Land Surveying e CIS Services Agreeni mt 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.
Dated this 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.
nwwGo
ATTEST TO OWNER:
JELLE SHAVER. CIT
( al)
A R A
G R DAHL, CITY A
(SEAL)
E *1 H
nEA0
m
CLERK / * w
.,s`t •, f cOC 0 R A�Q
ATTEST TOC T ACTOR:
1
NAME SS eSJ,Gn�Z
s
TITLE
DATE
RFQ !\-I r, --'r, On -(`Al Lund Surveying- GIS Smicem Agreement 5
CITY OF WHEAT RIDGE
7500 W 29TH AVENUE
WHEAT RIDGE, CO 80033
CONTRACTOR
FLATIRONS INC. SURVEYING & ENGINEERING
3825 IRIS AVENUE, SUITE 395
BOU CQ 80112
SIGpN TURE
TITLE
,C J T 13 ,, s-t.L)L.
PRINT NAME
303-L(Y3-7ocil' ext. 04-70
PHONE NUMBER
Q1W
qSurv"eying, MEngineadrig & =Geomafics
October 75, 2016
Jennifer Nellis. CPPB
Purchasing Agent
7500 W. 29th A%enLie
Wheat Ridge. Colorado 80033
3825 Iris ,Avenue. Suite 395
Boulder. Colorado 80301
w vo.N .1 ] at i ronsi nc.com
Phone (303)443-7001 Fax (303)443-9830
RE: FEE PROPOSAL for RFQ-JN-16-26j On -Call Land Surveying/GIS Services
Dear Ms. Nellist
Thank you for selecting, Flatirons Surveying/infinity Solutions as one of your top ranked
firms again for this RFQ process.
The attached fee proposal includes all job titles that may be used, plus hourly, rates and
reimbursable charges. Please note that these rates are only slightly higher than those used
in our contract with the City of Wheat Ridge from 2006. Our goal is to deliver
outstanding service and value to the City.
If you have any questions, please call me at 303-443-7001 x290 or drop me an email at
ebrilstow(t1 Illi i ro it s i nc .co m.
We value: our prior relationship %% ith your Cin staff` and look forward to serving you
again in the near future.
Sincerely,.
Ed r T. Bristo%%, Esq. I'l.S
President. Flatirons Surveying. Inc.
Flatirons, Inc.
r Survt,Wrig. Er7,S,'imer1n g & Get7matiay
S�rv�eying, Errglrr grfilr� 6 rrr�atics
3X25 lri.s Avenue, Ste 395
Boulder. ('0 80301
+i 1111", fTii atsrrm com
Phone (303)143-7001 Fax (303)443-9830
FLATIRONS, TNC. 2016 RATE SCHEDULE
For City of Wheat Ridge Cin -Call Services
SURVEYING
SURVEY PROJECT MANAGER
$9513R
ONE-MAN FIELD CREW
$1 I0 1IR
TWO-MAN FIELD CREW
$1.15 11R
THRI I -\I AN FIELDCREW
S1SO/HR
R D 1 \N I I ..AGGER
S5WHR
COMPO I LK ASSISTED DRAFTING (CAD)
S751IR
LICENSED PROFESSIONAL LAND SURVEYOR
S125 IIR
3D Laser Scanning (IRDS) Field
$110 hr
3D Laser Scanning (IRDS) Office Technician
S 150 hr
ENGINEERING
PROFESSIONAL ENGINEER S]25 11R
ENGINEERING PROJECT MANAGER S95 I IR
ENGINEERING DESIGN TECH SSS: llk
9S
PROJECT MANAGER SI -15 Ilk
ANALYST S85 HR
TECHNICIAN S75 I IR
TRAINING FROM CERTIFIED TRAINER S 1301 IR
QTHER
EXPERT: LICENSED PROFESSIONAL REPORTING AND RESEARCH 5200 11R
EXPERT: TESTIMONY S250IIR
TRAINED MEDIATION SERVICES I1R
SECRETARIAL ., ADMINISTRATION 54; HK
R
REIM_B IR5ABLES - EXIBA
REPRODUCTION:
Mylars for recording 520.00%page
DELIVERY COST+ 15%
OUTSIDE CONSULTANTS RATE + 15%