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RFQ- JN-16-33 Flatirons
City of RFQ-JN-16-33 LAND SURVEYING SERVICES For RIGHT-OF-WAY MAPPING ADJUSTMENT Ir=Le ZU44t"iId►11111 THIS AGREEMENT made this 28th day of November 7016, by and between the City of Wheat Ridge. Colorado, hereinafter referred to as the "City' or -Owner" and FLATIRONS, Inc., Boulder, CO, a corporatcon hereinafter referred to as the "Consultant or Contractor". WITNESSETH. that the City of Wheat Ridge and the Consultant agree as follows. ARTICLE 1 -SERVICES The Consultant shall serve as the City's Contractor and provide as a minimum all of the professional services required as per RFQ-JN-16-33 LAND SURVEYING SERVICES for RIGHT -QF -WAY MAPPING ADJUSTMENT, as more fully described in the Request for Qualifications and the revised scope and fee proposal - the Consultant's response dated November 21, 2016 - (attached hereto and) incorporated herein by reference. Services shall include, and may not be limited to, resolution of ROW mapping issues with -in half -section maps for 20N and 21N, • This will include West 4411' Avenue as the backbone, field recovery and location of local monumentation for 20N, and in 21 N - a boundary survey. including field recovery and location of local monumentation for right of way for West 44", Ave., and West 4511, Ave.; as well as title search, field recovery and location of local monumentation for the unclear title portion of Robb St. • If there is budget remaining, the City may authorize discovery and analysis within half -section 20S, to resolve the 1-70 and Youngfield rights of way. ARTICLE 2 - TERM Following award, the project is expected to start in ,January 2017 and to be completed within 180 days. ARTICLE 3 - PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant a not to exceed amount of $30.000 A. Invoices by Task Invoices may be submitted monthly by the Consultant for services performed and expenses incurred pursuant to this Agreement during the prior month The payment will be expedited by the User Department and processed as a VISA transaction within 2 business days of the City approval or the City may elect the alternative method of payment by the Treasurer's Office through proper accounting procedures. Payment is then made to the Contractor within thirty (30) days of the receipt. A check Is mailed B 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 contractor is specifically advised of the provisions of this porton 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. RFQ-JN-16-33 Agreement - LAND SURVEYING SERVICES For RIGHT-OF-WAY MAPPING ADJUSTMENT f'�i,�t I 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, personal injury and property damage insurance, as well as errors and omissions insurance The Consultant, 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 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 pace 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 Employer's Liability Comprehensive General Liability Insurance 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, $1,000.000 each occurrence $1.000.000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured, except for Workers Compensation and Professional Liability, Errors and Omissions. 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 Qualifications, or if no provision exists, pursuant to the terms of the Change Order. RI=O -IN -16-33 Agreement - LAND SURVEYING SERVICES For RIGHT-OF-WAY MAPPING ADJUSTMENT Page 2 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. 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 partes 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 Contractor 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 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 RFQ-.IN-16.33 Agreement - LAND SURVEYING SERVICES For RIGHT-OF-WAY MAPPING ADJUSTMENT Page 3 City Contractor Contact Name Dawe Brossman i 5 a w' Phone 303-235-2864 3 a YY3- 7-c o I gx±, 2 Celt o - 5-70 — 2 4 Z.y Email address dbrossman2ci.wheatridge.co.us e J, r 1 s Ys LOP f� st•Ac - r Address 7500 W. 29"Ave. Z!;- qty A v e . S+c 3 9,F City. state, Zip Wheat Ridge, CO 80033 DO %A .f CO kO.30 1 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 RFQ-.IN-16.33 Agreement - LAND SURVEYING SERVICES For RIGHT-OF-WAY MAPPING ADJUSTMENT Page 3 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 shalt 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 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 - PROHIBITION ON EMPLOYING OR CONTRACTING WITH ILLEGAL ALIENS A The Contractor hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that it will participate in either the E -Verify Program or Department Program as those terms are defined in C.R.S. §§ 8-17.5-101(3.7) and (3.3), respectively, (the `Programs-) in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. B. The Contractor shall not knowingly employ or contract with an illegal alien to perform the work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation in either the E -Verify Program or the Department Program, D. The Contractor is prohibited from using the Program's procedures to undertake pre-employment screening of lob applicants while this Agreement is being performed. E If the Contractor obtains actual knowledge that a subcontractor performing the work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) notify the subcontractor and the City within three (3) days that the Contractor has actual knowledge that the subcontractor is knowingly employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice, required pursuant to C R.S §3 8-17.5- 102(2){III;)(A). the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F The Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). ARTICLE 17 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub -contracts for any work covered by this Agreement, so that it shall be binding upon each sub -consultant or sub -contractor providing labor or services. RFC -1N-16-33 Agreement - LAND SURVEYING SERVICES for BIGHT -OF -WAY MAPPING ADJUSTMENT F'akc ati ARTICLE 18 — 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST �4-'2u?& & �. 'q'ti JANE SHAVER, CITY CLERIC DATE ( E (Seal) NC GERALD DAHL. 1,2 '2' 01h V-1 OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 CONTRACTOR M FLATIRONS, INC. 3825 IRIS AVENUE, SUITE 395 BOULDER, CO 80301 ATTE T TO CONTRACTOR NAME TITLE IX -A. IG DATE AUTHORIZED SIGNATURE �d 77 iti n'`r PRINT NAME &eSr'j r" ,^ TITLE DATE RFQ-JN-16-33 Agreement LAND SURVEYING SERVICES For RIGHT-OF-WAY MAPPING ADJUSTMENT pag ' 3825 Iris Avenue. Suite 395 t Boulder. Colorado 80301 Surirey,�q,Errgirreerfrtg Getlmat s w-w".fiatironsinc.com Phone (303)443-7001 1 ax (303)443-9830 November 21. 2016 City of Wheat Ridge Municipal Building Attn: Jennifer Nellis, CPPB 7500 W 29th Avenue, Purchasing Division Wheat Ridge. CO 80033 RE: Fee Proposal, Land Surveying Services for Right -Of -Way Mapping Adjustment, RFQ-.)N-16-33, Dear Ms. Nellis. I u ould like to begin by thanking the City of Wheat Ridge for this opportunity to provide additional professional services for revisions to select half -section right of %%a% maps. I tape a personal interest in the maps and assuring they are as complete and accurate as possible. Pursuant to a phone conversation with you. Dave Brossman, and Mark Westberg on Friday. November 18. 1 have prepared the attached fee proposal. with this letter to serve as additional explanation of the nature of the estimate and the procedures 1 am proposing to use. As part of the last revision process to the C'it� -w4 idc hall section maps. i prepared a March 27.. 2008 letter to [pave Brossman giving mN recommendations for resolution of some of the right of way issues we ititin the City. Concerning the north 'half of section 20.1 stated: "West 44th Avenue is a critical backbone for other rights of aaw within this 17111f -section. Due to its importance, it is recommended that field recovery and location of local monumentation be completed to r erih the configuration and location of the 1-70 and West 44'h Avenue rights ofwway .. As for the north half of section 21, l stated. "A boundam, survey, including field recovery and location of Ideal monumentation. is recommended for final resolution of the right of way for West 44`h Avenue, and West 45`i' Avenue in the area of the north -south center section line. A complete title search and field recovery and location of local monumentation is recommended for tinal resolution of the unclear title portion of Rabb Street." As we discussed during our phone call. these two halt -section maps are high priority. I have already conducted some of the research to resolve issues within the two half - sections. After just a bit more research. the next step is to conduct field recovery and accurate location of various property monuments to prove the extent and location of the rights of way in question. As part of this recovery effort. we will be required to obtain a permit from CDOT to work %vithin the state highwa% riulits of way. The next issue, and one that must be addressed to CDOY's satisfaction. is traffic control at the specific locations of field wort!;. In an attempt to keep traffic disruption to a minimum. we try to schedule field crews in heavy traffic areas at times ofday when traffic will be the lightest. Along 1-70. this can be tricky, but we have had great success using ground based LiDAR to gather data, keeping our crews out oftraffic areas. We now have a robotic total station that includes scanning capability which allows us to avoid the extremely heavy traffic situations. Because of the uncertainty of the flaw of traffic at any given time. I have tried to include plenty of time for this task. If work flaws smoothly, all of that time will not actually be required. The next step is to recover and locate property monuments along the local ritr,I7ts of way in question. I have built in an abundance of time in this category as �kell. as I didn't want there to be any budgeting surprises as we proceed. If we have quick success at finding. monuments. this task will take fewer hours than I have budgeted. which will on turn reduce the hours required for analysis of the data. Given my worst case scenario. the attached fee will assure that at least the two Half= section maps for 2011 and 21N are resolved. If. however. we can experience success as I anticipate. there will be budget remaining to proceed within the south half of section 20 to resolve the 1-70 and Youngf field rights of way. In conclusion, the goal is to begin with the north halves of sections 20 and 21.. and if there is budget remaining. proceed with the south half of section 20. Please let me know if y ou have any questions. comments. or concerns. Sincerely. fJ 7� Ed T. I: nNto�. 1I }_ H ti President Flattrons. Inc. pari of Preparation: 1t.: Land Surveying Services For Sec. 20-21 half se(mion Nap© PT"red by; E3 T Srxntow. .D. Pts Prepared for the City of Wheat Rtdge TS TASK/SHEET Deliverable PFS Prol. Man, Research Tech, {GRE}) Draft (CAD) 3•Man Fleld Z•Man Fleld 1 -Man Field L10AR (Field) Admin Total Survey Comments Mas Other o S1.25 S95 $75 S75 S1.80 5145 5140 S110 S45 SFCTION 200 Research 6 n l0 0 n 0 11 11 0 16 51,500 kc&earch ��r-cli n comer n+onetl t"I hisim, f _ 4 RCsc H1Ch `AMM, ICFA dCSCrlllhoos, diads 4 14 12 Field Wark l 41 2 0 n 36 41 41 41 91. $5,495 AAcrhlllznunn 1 7 I 7 Includes obtaining ROW permit from CDOT Recover :tnd I icid Irxisic llrJnndan monlinlcius. aliquot nifmlllmentr. as siceJed, ng 11 of Wm% Tncmuments, Con-4ructed "MAS, tic 32 Mapping 12 0 0 441 n n 0 0 0 52 54,500 RI }1 14 of Wa% I IatI Section Mat X .1 39 42 I)oivnll,ud kirld fl:ua unit alrlal+tc Scone k 2 10 20\ TOTALS 19 0 12 40 R 36 0 0 0 $11.495 SECTION 2 I Research 4 11 8 n 11 0 0 u 0 12 511100 ltescartlr sccunn comer ownumem hts1cm 0 Rcsoitch pinta. Ngol cle,crtpnnrrs dmds 4 u 12 Field ward 1 0 2 n u 36 n 0 11 93 $5 ,495 Msihlhmdnn I _ A 7 Includes obtaining ROW permit Rcu)+'ef and field locate 111m&ndarh' montlnients, AlgUoi nl niummisw needed. nNlrl r11 N'a+ rnllmlmCn4t,.CalnlllnfCll'.d TfaadA. tic 12 32 Rloppinl; 12 0 0 42 n 0 11 0 0 54 $4,650 ni ^119 of Wac ilail' Section map X 4 111 40 [Xiwnload field data and nnal zc same 8 2 10 21Is T[y1 ALA 17 0 10 42 0 36 0 0 0 159 11 245 171-st4-rciin, incDote of Preparation: 13,'23!2015 Land 9utrveyinq Services for Sec 30-a# Half Section Maps Prepared tri 6d T 9iistw, JD, PLS Prepared tar the City of soteat Ridge SURVEY FEE ESTIMATE TASK/SHEET Deliverable PLS V.I. Man. Rciearih Dnfi 3 -!Man Field 2•Man Field t -Man Firld 1.1DAR Admits Tnial Sutvev Contorwrits Tech.(CAD) (CAD) (Field) 'disc.Other it n !; 0 4 n n o 6S Sfr,35S NLm Alritin4 Mnaimicni and M4+nnimmi Estimated 1 ea 1116 and 7164 Rcciq& (ifrcqu,rrdl :, ` l needed 1-Kicltisff, 2=Redline Meeting. MCPnng4"Alli Ctrs 4ra41' s e� i�, iii '2D 3 -Redline Meeting, a=Final mylar meeting pry,,,let }, k'rayC Centerli W mitts fik 11. SIsminaR Relsoil x to I'k,I, S :n and Ssamp final mviars-crorisci i 7 FEE ESTIMATE 63 U ZZ 114 0 76 0 to ti 3131 $29095 fhv amounts shown hercort arc in aiitictpution of a %mrst case" scinimo In ilte cvcm rrtaps 24JN and 21 N arc comploW uirdcr the auuicipalcil t5mmilr, (which 1 anlicipale will tx IIx r:asci wcirk will continue far maps 20S and 214. rc's(fectmP:h ra s maximum amount ot'S30.102 Assunt(Niom and cxccmtons; I l No sur%cs monuments to be set wilh cueeptiun of one 1 /16 alii(tKn monumvnt and ❑w I fN aliquol monument Wwarttantcd due its rcucarch and rppltcution ul'lcpl surveying pturctples. 21 Accrss not demcd bi Mvale Inndowner w'hcm ncsxssary. anis 31 Addilmnat mixiings at request ofcllcni will he churgcd al rales for time n"I In 111c evcm uriarrlicipated condrtionx are Cticouritcrecl clicnl will he onnvdiatcly mitiirl'd, all work 14'rll cessc.. and Hat.}mos will work with client to resolve Ihr encounmcd conditions