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HomeMy WebLinkAboutRFQ 16-26 FarnsworthCITY OF WHEAT RIDGE RFQ-JN-16-26 ON-CALL LAND SURVEYING - GIS SERVICES AGREEMENT THIS AGREEMENT made this 1011 day of November 2016, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and FARNSWORTH GROUP, INC., 5613 ©TC PARKWAY. SUITE 1100, GREENWOOD VILLAGE, CO 80111, 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 RFC] incorporated herein by reference. ARTICLE 2 -TERM The work to be performed under this Agreement shall commerce 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 10/27/1+6 and Schedule of Charges). 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 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- 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 10 -Q -A -10 -260n -Call Land Surveying- GIS Scn ices Agrcvm4nt 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 shad 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 terrors 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; $2,000,000 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. R Q -JN -16-26 0n-Ca11 Land Surveying -GIS Service% Agm mens I 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 (1 5) 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 Emait: snguyen@ci.wheatridge.co.us For the Consultant: Contact: _y7_,4r+ . (V),, Company Name: Farnsworth Group, Inc. Address: Stp (PmziQR:-, Phone: (e97 - _$` -Sb Fax:� Cg— ARTICLE 13 — ASSIGNMENT AND SUBCONTRACTORS %\ Coo o Email. 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. RFQ-),N-I0-26On-C'all Land Surveying -GIS Servict-s Agreement 3 ARTICLE 15 - INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of aII 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, 10811, 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)(1). 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-1IN-I6-26 On -Call hand Surveying — GIS Se miecs ,Agreement 4 ARTICLE 17 - AUTHORIZATION Each party represents and warrents 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 I(f-- Day of IN WITNESS WHEREOF. the parties hereto have executed. or caused to be executed by their duly authorized officrais, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above, OWNER ATTEST TO OWNER: ' JANE' LE SHAVER, CITY CLERK APPROII� TO GERALD DAHL, CITY ATTORNEY (SEAL) ATTEST TO CONTRACTOR- NAME ONT CTOR:NAME t.4(40 Svc yW '-e4A•Ae'A[ TITLE +'Z����! DATE SEAL" ORNVO-# R Q -JN -10-26 On -Call Lancs Surveying- GIS Smic" Agreement 5 CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 CONTRACTOR FARNSWORTH GROUP, INC. 5613 DTC PARKWAY, SUITE 1100 GREENW. ILL E, CO f 12 SI NATURE TITLE � � pry-► �. j i Y''� ��,� PRINT NAME (Lr1-2 - b 8 -M3 PHONE NUMBER 0 Farnsworth GROUP October 27, 2016 Jennifer Nellis City of Wheat Ridge Purchasing Agent 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 RE: RFQ-JN-16-26 On -Gall Land Surveying/ GIS Services Dear Jennifer, 5613 DTC Parkway Greenwood Village, Colorado 80311 p 303.692.8838 f 303.692.04713 www.!-w.com I www,greennavigation.com Thank you for selecting us for your short list of consultants to be considered for your On -Call Land Surveying and GIS Services. We have enjoyed working with the City over the years with marry projects and hope to continue assisting your staff in the future. Attached is our rate sheet for 2016 and would hold these rates For a year. The following is a mix of our staff listed in our Statement of Qualifications that might work on one of your projects: • Zach Green, PI.S - Field Crew- Chief Technician • Chad Sievers - Field Crew - Chief Technician ■ Mike Walker - GIS - Chief Technician • Julie Neel - Cad - Project Resigner • Alan Warner, PLS - Senior Project Land Surveyor • Brian Myers, PLS - Principal Please don't 'hesitate to let me Know if you have any questions of need additional information. We look forward to continue working with you in the future. Thanks again, Sincerely, FARNSWORTH GROUP, INC. Brian R. Myers, PLS Principal ENGINEERS I ARCHITECTS I SURVEYORS I SCIENTISTS LKFarnsworth GROUP Schedule of Charges - January 1, 201$ Engineering/Surveying Professional Staff Per Hour AdministrativeSupport ................... ___ .......................... ---........ .................................................... ........ _$ 6700 ........................ Engineering Intern I....................................................................................................$ . 105.00 Engineering Intern 11.................................................................................................... .......................... . $ 115.00 Engineer/Land Surveyor ............ _...........................................,..........,................................................... $ 126.00 Senior Engineer/Senior Land Surveyor ._...................................................................................... ......$ 13200 Project Engineer/Project Land Surveyor. . ........... ....,.........................,........, ......$ 14500 Senior Project Engineer/Senior Project Land Surveyor...............................................................................$ 16200 Engineering ManagerlLand Surveying Manager.....................................................................................$ 181 00 Senior Engineering Manager/Senior Land Surveying Manager............................................................... .1 192.00 Principal/Vice President ........................... _........ ..................... ........ .......... ............. ...,,............ .... S 199.00 Technical Staff Technician................................................................................................ _$ 6900 Technician11 ................................ ................ ......... ..... ............. ............................................ ,......,........ $ 92.00 . Senior Technician........................................................................................................................ ........... $ 10200 ChiefTechnician ....................... ...... ............ ....... ....... .................................... ...$ 11700 .................................................... Designer/Computer Specialist/Lead Technician . ............................... .._ $ 127,00 SeniorDesigner.. .. ....... ........ ___ ....... __ ....... ............ ............... ___ ........ ...... ........ . $ 13200 Prvlect DesignerlProject Technician_..... ... ........ __ .... ........ ......• .--...................•--......... ........ ......... $ 14000 Senior Project Designer/Systems Integration Manager ................. ............................. ...... ................... ....... $ 15800 ........................ .................... Design ManagerlGovernment Affairs Manager ......................... —.......... . $ 17000 TechnicalManager. ...................................... ...................... .......... ........... $ 17900 Senior Technical Manager......................................................................... ....................$ 192.00 Arch itecturelLandscape Arch "rtectureltinterior Design Professional Staff DesignerI _..................................................... ............................................. $ 9500 . ....................... Senior Interior Designer/Designer II....................................................................... ...........$ 10500 Architect/ Designer III/Project Coordinator......................................................................_......._..................$ 11900 Senior Architect/Senior Project Coordinator . ............................................................................. . IS 12700 Project Architect/Project Manager...........................................................................I.....1. $ 13800 Senior Project Architect/Senior Protect Manager...................................................................................... S 15200 Architectural Manager ..-............... ..................... ......................................... ,............. . $ 16200 Senior Architectural Manager _.................................................................................. $ 17000 Principal - Architecture.... ................. ...........................................................................$ 193.00 Units Overtime, if Required by Client - Non -Exempt Employees Only ....................................................... 1.25xbilting rate ExpertTestimony . ..................................................................................... .................. ......2xbilling rate Perdiem... .. ................................................................................................... ...., . $51 001day ATV& Trailer .......................... .... ........... ........... ......... ....... ........... ..................................................... $11 00/hr FieldVehicte......................................................................................................................... $13 001hr Automobile mileage ____....................................................I............... IRS Rate SofiwarelCAD/Revit Station.. ............... .................................................................................................... $15 001hr Handheld GPS ... ............. ......................................... ............................................... .... $11.00lhr GPSUnit (each). ... ...... .. _ .................................................................................................... ............. $11.001hr Utility LocatorlRobotic Total Station....,..................................................................................................... $11 001hr Subconsultants & Other Reimbursable Expenses Related to Project'...................................................... Cast+ 10% 'Includes the actual cost of printslcopies. supplies. travel charges, testing services conferencing services. and other costs directly incidental to the performance of the above services CHARGES EFFECTIVE UNTIL DECEMBER 31. 2017 OR THE END OF THE FIRST YEAR CONTRACT, WHICHEVER IS SOONER ENG MEERS I ARCHITECTS I SURVEYORS I SCIENTISTS