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HomeMy WebLinkAbout2022 -Green at 38th- ArchiterraCONTRACT COVER PAGE The Green at 38th Final Design and Engineering Services Contract #: 22-0631 with Architerra Group The contract contained herein has been reviewed by: Wheat Ridge City Manager: Patrick Goff Contractor: Mark Taylor Procurement & Contracts: Whitney Mugford-Smith Wheat Ridge Mayor: Bud Starker The Green at 38th Final Design and Engineering Services THIS AGREEMENT made this day of July 2022, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Architerra Group, 5881 S. Deframe St., Littleton, CO 80127, 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 at a minimum all of the professional services related to the final design and engineering services for The Green at 38th, as more fully described in the Contractor’s proposal (Exhibit A), the originating solicitation document, RFQ-JN-18-17 (Exhibit B), and the accompanying contract for RFQ-JN-18-17 with the Architerra Group (Exhibit C) all of which are incorporated herein by reference. Contractor agrees to complete the design based on Concept #1 presented to and approved by Wheat Ridge City Council on May 16, 2022. ARTICLE 2 – TERM The work to be performed under this agreement shall commence promptly after receipt of a fully executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. The City may, upon mutual written agreement by the parties, extend the time of completion of services to be performed by the Consultant, if needed. The agreement will remain in effect for the length of the project. The agreement will be automatically renewed at the end of the calendar year to ensure continuity provided the pricing remains firm. 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 a not-to-exceed amount of three hundred ninety-nine thousand nine hundred and nine dollars, ($399,909.00) as full payment for such services. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, to be processed in the same calendar year. A. Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. 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 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-SALES AND USE TAXES Contractor shall not include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 5 – 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, personal injury, and property damage insurance, as well 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 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 6 – 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 coverages of insurance: Type of Insurance Minimum Limits of Liability Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Submit a proposal ONLY if you are prepared to complete this requirement. 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, CRS, as amended. ARTICLE 7 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees 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 to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. 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 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 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 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 Contact Information City Contractor Name: Patrick Goff Mark Taylor Office Phone: 303-235-2805 303-948-0766 Email Address: pgoff@ci.wheatridge.co.us mtaylor@architerragroup.com Address: 7500 W 29th Ave. 5881 S. Deframe St. City, State, Zip Code Wheat Ridge, CO 80033 Littleton, CO 80127 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, as well as the delivery of services as set forth in this agreement. The contractor shall be responsible for the performance of any subcontractor. 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. 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. ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding 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 CONTRATING WITH WORKERS WITHOUT AUTHORIZATION Worker Without Authorization – Public Contracts for Services CRS 8-17.5-101 and Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended: The Contactor certifies that he/she shall comply with the provisions of CRS 8-17.5-101et seq. The Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any workers without authorization, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101 (2)(b)(l). The Contractor shall comply with all reasonable requests made in the course of an investigation by the CO Department of Labor and 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 this contract for breach and the Contractor shall be liable for actual and consequential damages to the City. 08/08/2022 Task Principal/Senior Project Subconsultants Total Personnel P.M.Associate Designer & Expenses Billing Rate $150/hr $110/hr $85/hr Stevens Elementary Parking Lot Construction Documents Prepare cover sheet 3 Prepare existing conditions and demolition plan 3 8 Prepare layout and materials plan 10 24 Prepare striping plan 2 4 Prepare scoring plan 2 4 Prepare grading plan 16 32 Prepare planting plan 3 6 Prepare irrigation renovation plans and details 16 24 Prepare construction details 8 24 Prepare technical specifications, measurement and payment, and bid form 10 24 Prepare estimate of probable construction costs 8 16 Attend design meetings (assumes 5)10 10 Attend site visits 2 2 Geotechnical engineering (Ground)$2,300.00 Civil engineering (Muller Engineering)$25,000.00 Electrical/lighting design (Ackerman Engineering) $3,850.00 Submit 50%, 90%, and 100% sets 4 Revise/refine plans per comments 40 80 Project management, coordination, and expenses 24 12 $400.00 Subtotal Hours 154 0 277 Subtotal Stevens Elementary Parking Lot CDs $23,100.00 $0.00 $23,545.00 $31,550.00 $78,195.00 Task Principal/Senior Landscape Subconsultants Total Personnel P.M.Associate Architect & Expenses Billing Rate $150/hr $110/hr $85/hr Green at 38th Construction Documents Develop aesthetic character/materials alternatives 50 50 50 Festival Promenade design development 32 24 24 Playground design development 32 24 24 Stage/outdoor classroom design development 16 12 24 38th Ave. Terrace design development 24 16 32 Prepare cover sheet 3 Prepare existing conditions and demolition plan 4 12 Prepare layout and materials plan 16 40 Prepare detail area layout and materials plans 32 60 Prepare scoring plan 3 10 Prepare grading plan 24 40 Prepare detail area grading plans 32 80 Prepare planting plan 32 48 Prepare irrigation plan and details 32 60 Prepare construction details 40 80 Prepare estimate of probable construction costs 12 24 Attend design meetings (assumes 8)16 8 16 Prepare for and attend City Council meeting 8 4 Attend site visits 4 4 4 The Green at 38th Task and Fee Proposal July 15, 2022 City of Wheatridge Coordination with design team, playground representatives, and site furnishing representatives 32 16 40 Surveying (ESI) - easement exhibit for relocated traffic signal cabinet $500.00 Geotechnical engineering (Ground)$2,300.00 Signage and column design (Ad Light)$7,500.00 Architecture (Tomecek Studios) - stage structure design $44,580.00 Electrical/lighting engineering (Ackerman Engineering) $11,300.00 Civil engineering (Muller Engineering) $44,952.00 Traffic engineering (ACL) - Signal controller relocation $7,442.00 Conduct subsurface utility engineering investigation (HKS)$18,330.00 Mechanical engineering (RJA) - Gas line for fire pit $3,675.00 Structural engineering (Otegui Structural Services) $5,250.00 Submit 50%, 90%, and 100% sets 2 8 Revise/refine plans per comments 80 140 Project management, coordination, and expenses 40 12 32 $500.00 Subtotal Hours 563 166 855 Subtotal Green at 38th CDs $84,450.00 $18,260.00 $72,675.00 $146,329.00 $321,714.00 Total Stevens Elementary Parking Lot and Green at 38th construction documents $399,909.00 Assumptions: - It is assumed that a plan drawing showing the drinking fountain tap and meter location will be sufficient. Any additional plans or detailing beyond the Denver Water standard details is not included in this scope of work. - Civil Engineering includes: Prepare stormwater management/GESC plan, prepare storm sewer design, prepare water quality pre- treatment design, prepare drainage letter and plan, prepare drinking fountain tap plans, prepare cost estimating and specifications for civil items. - Electrical/Lighting engineering includes: design of parking lot and pedestrian lighting, power and controls for holiday lights/general convenience receptacles/vendors and food truck power, electrical distribution system, photometric plans, coordination with XCEL Energy for relocation of existing switch cabinet and signal cabinet, company switch for power and lighting at the stage, irrigation control power, and power for fire pit ignitor switch. - The general scope of the improvements will include a civic green with a stage, the festival promenade, a playground, a table game area, a gas fire pit, revised parking lot, planting, lighting, and drainage improvements. - It is assumed that the only new easement required for the project is for the relocated signal controller. This proposal includes surveying services to provide an exhibit for that easement. It is assumed that the City of Wheatridge and Jeffco Schools will coordinate directly for the easement. - It is assumed that the existing water quality and detention facilities north of the school building are adequately sized to accommodate the proposed improvements. This proposal does not include modification of those existing facilities. - It is assumed that the existing curb ramps at the corners of 38th Ave. and Upham St., and the corner of 38th Ave. and High Court will remain in place. This proposal does not include design of new curb ramps. - It is assumed that the parking lot and park projects will be bid as separate projects to ensure the timing of the parking lot improvements will meet Jeffco Schools schedule requirements. - It is assumed that water for the irrigation system for the park site will continue to be fed from the current tap for Steven's Elementary School. It may be metered separately, but no new tap will be required for the park irrigation. - An interactive water feature will not be included in the project. - The design will be based on Concept #1 presented to City Council on May 16, 2022. - Assumed project construction budget: $3.5 mil to $4.5 mil June 24, 2022 Mark Taylor The Architerra Group 5881 S. Deframe Street Littleton, Colorado 80127 RE: Green at 38th Avenue Final Design Scope and Fee MEC PN: 922.32 Dear Mark: We appreciate the opportunity to provide a proposal for final civil engineering design services on the Green at 38th Avenue project. The fee to perform the anticipated services is $69,952.00 and all work will be billed time and materials. A discussion of the planned scope of services, and assumptions/exclusions follows. A fee estimating spreadsheet which includes staff hours for specific tasks is also included. Muller Services Task Item 1. Project management, coordination, and meetings. ($5,060.00) Muller will perform project management duties such as invoicing, project coordination and attend meetings. Meeting attendance hours listed assume virtual, not face-to-face attendance. Task Item 2. Site visits (2). ($2,313.00) Muller will perform up to 2 site visits to observe and document existing site conditions and to support design development. Task Item 3. CAD base drawing set up and plan sheet formatting. ($992.00) Assumes existing condition base files and sheet title blocks will be provided to Muller by Architerra. Task Item 4. Prepare Stormwater Management Plan (SWMP). ($8,916.00) Muller will prepare a stormwater management plan which includes MHFD standard notes and details, and plan sheets which illustrate initial, interim, and final BMPs. Task Item 5. Design review. ($1,738.00) Muller will review parking lot, sidewalk, curb & gutter, and roadway design performed by Architerra and provide comments. Design of these items is not included in the scope of work. Task Item 6. Prepare storm sewer design and plan sheets. ($13,482.00) Muller will perform the hydrologic basin analysis and design and model storm sewer modifications and improvements. It is assumed that revisions to the existing trunk lines on site will not be required and that modifications will only be required for inlets and storm sewer laterals. Mark Taylor June 24, 2022 Page 2 Task Item 7. Prepare water quality pre-treatment design and plans. ($15,566.00) Muller will evaluate opportunities to incorporate pre-treatment level water quality features within the project improvements. Pre-treatment features will likely not meet volume requirements listed in design criteria and may not provide a volumetric component at all. Pre-treatment facilities will be “soft” approaches and be incorporated into the landscape plan. It is assumed that the existing site water quality capture volume and detention volume provided will be sufficient for proposed conditions and no adjustments to the existing facilities located on site will be needed. Task Item 8. Prepare drainage letter and plan. ($11,276.00) Muller will perform the necessary design calculations and prepare the final drainage letter for site improvements. Task Item 9. Prepare tabulation of quantities and engineer's estimate of probable construction cost. ($3,489.00) Muller will tabulate quantities for Muller design items and prepare an engineer’s estimate of probable construction cost. Task Item 10. Prepare specifications. ($3,706.00) Muller will prepare specifications for items designed by Muller and provide to Architerra to incorporate into the contract documents. Task Item 11. Perform quality reviews (QA/QC). ($1,448.00) Muller will perform quality reviews, and stamp Muller prepared plan sheets. Task Item 12. Prepare document submittals and prepare responses to City comments. ($1,926.00) Muller will prepare document submittals and respond to City comments. Up to three (3) submittals will be performed. Task Item 13. Reimbursable expenses. ($40.00) Anticipated reimbursable expenses consist of mileage. Assumptions/Exclusions Services not listed/discussed in this proposal are considered “additional services”. The compensation for these services will be billed at the hourly rates listed on the included Schedule of Rates. Additional services will not be performed without prior consent of the Owner or Architerra. Specific project assumptions and exclusions include: 1. Structural design and/or review is not included in the scope of work. 2. Signing and striping design/plans is not included in the scope of work. 3. Design of parking lot, sidewalk, curb and gutter, and roadway improvements is not included in the scope of work. 4. Waterline and sanitary sewer design and/or relocation is not included in the scope of work. 5. Assumed that the existing WQ and detention storage being provided will be sufficient for the proposed improvements. No additional WQCV or detention storage will be needed. Mark Taylor June 24, 2022 Page 3 6. It is assumed that the existing irrigation service will be used for the project and a new irrigation tap will not be needed. 7. Bidding assistance and construction related services including post-construction record drawings and/or certifications are not included in the scope of work. Please contact us if you have any questions regarding this proposal. Sincerely, MULLER ENGINEERING COMPANY, INC. Christopher L. Kroeger, PE Senior Project Manager Enclosures: Fee Estimating Spreadsheet Muller 2022 Schedule of Rates C L I E N T : Ma r k T a y l o r , T h e A r c h i t e r r a G r o u p PR O J E C T N O . : P R O P O S A L N O . : 9 2 2 . 3 2 PR E P A R E D B Y : C L K D A T E : P R O J E C T : CH E C K E D B Y : P R O P O S E D T O T A L F E E . . . . . . . $ 6 9 , 9 5 2 . 0 0 Mi n i m u m S c o p e o f S e r v i c e s It e m T a s k S r . P . M . P . M . 7 P . M . 6 P . E . 4 E N G . 3 E N G . 2 T E C H . 4 A D M I N . O / C T / L R E P R O O T H E R No . D e s c r i p t i o n $ 2 1 7 $ 1 9 7 $1 7 7 $ 1 4 5 $ 1 3 2 $ 1 1 9 $1 1 7 $ 8 8 < < < B i lli n g R a t e ( a ) h o u r s ( b ) f e e ( c ) e x p n s ( d ) s u b t o t a l Mu l l e r - F i n a l D e s i g n S e r v i c e s 1 P r o j e c t m a n a g e m e n t , c o o r d i n a t i o n , a n d a t t e n d me e t i n g s . 81 2 1 2 32 $ 5 , 0 6 0 . 0 0 $ 0 . 0 0 $ 5 , 0 6 0 . 0 0 2 S i t e v i s i t ( u p t o 2 s i t e v i s i t s ) . 3 6 6 15 $ 2 , 3 1 3 . 0 0 $ 0 . 0 0 $ 2 , 3 1 3 . 0 0 3 C A D b a s e d r a w i n g s e t u p a n d p l a n s h e e t fo r m a t t i n g . 2 6 8 $ 9 9 2 . 0 0 $ 0 . 0 0 $ 9 9 2 . 0 0 4 P r e p a r e S t o r m w a t e r M a n a g e m e n t P l a n ( S W M P ) . 2 1 0 3 2 2 4 6 8 $ 8 , 9 1 6 . 0 0 $ 0 . 0 0 $ 8 , 9 1 6 . 0 0 5 R e v i e w p a r k i n g l o t , s i d e w a l k , a n d r o a d w a y im p r o v e m e n t s a n d p r o v i d e c o m m e n t s t o Ar c h i t e r r a . 46 10 $ 1 , 7 3 8 . 0 0 $ 0 . 0 0 $ 1 , 7 3 8 . 0 0 6 P r e p a r e s t o r m s e w e r d e s i g n a n d p l a n s h e e t s . 2 1 6 6 0 2 4 1 0 2 $ 1 3 , 4 8 2 . 0 0 $ 0 . 0 0 $ 1 3 , 4 8 2 . 0 0 7 P r e p a r e w a t e r q u a l i t y p r e - t r e a t m e n t d e s i g n a n d pla n s h e e t s . 4 1 0 7 2 3 2 1 1 8 $ 1 5 , 5 6 6 . 0 0 $ 0 . 0 0 $ 1 5 , 5 6 6 . 0 0 8 P r e p a r e d r a i n a g e l e t t e r a n d p l a n . 4 1 6 4 0 2 4 8 4 $ 1 1 , 2 7 6 . 0 0 $ 0 . 0 0 $ 1 1 , 2 7 6 . 0 0 9 P r e p a r e t a b u l a t i o n o f q u a n t i t i e s a n d d e v e l o p es t i m a t e o f p r o b a b l e c o n s t r u c t i o n c o s t . 18 1 6 25 $ 3 , 4 8 9 . 0 0 $ 0 . 0 0 $ 3 , 4 8 9 . 0 0 10 P r e p a r e s p e c i f i c a t i o n s . 2 8 1 6 26 $ 3 , 7 0 6 . 0 0 $ 0 . 0 0 $ 3 , 7 0 6 . 0 0 11 P e r f o r m Q A / Q C 4 4 8 $ 1 , 4 4 8 . 0 0 $ 0 . 0 0 $ 1 , 4 4 8 . 0 0 12 P r e p a r e d o c u m e n t s u b m i t t a l s a n d pre p a r e / c o o r d i n a t e c o m m e n t r e s p o n s e s . 68 14 $ 1 , 9 2 6 . 0 0 $ 0 . 0 0 $ 1 , 9 2 6 . 0 0 Su b t o t a l = $69,912.00 Mu l l e r - E x p e n s e s 13 M i l e a g e $4 0 0 $ 0 . 0 0 $ 4 0 . 0 0 $ 4 0 . 0 0 Su b t o t a l = $40.00 (a ) T o t a l H o u r s 3 4 0 0 1 0 4 2 6 2 0 1 1 0 0 - - - - 5 1 0 - - - (b ) F e e , B i l l i n g R a t e $ 7 , 3 7 8 $ 0 $ 0 $ 1 5 , 0 8 0 $ 3 4 , 5 8 4 $ 0 $ 1 2 , 8 7 0 $ 0 - - - - - $ 6 9 , 9 1 2 . 0 0 - - (c ) T o t a l E x p e n s e s -- - - - - - - $ 0 . 0 0 $4 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 - - $ 4 0 . 0 0 - Total, F e e ( b + c ) - - - - - - - - - - - - - - $69,952.00 PR O J E C T F E E E S T I M A T I N G S H E E T 6/24/2022 E X P E N S E S ( $ $ ) Gr e e n @ 3 8 t h A v e n u e F i n a l D e s i g n TOTALS T I M E ( H O U R S ) 32 2 2 Te j o n S t r e e t , S u i t e C D e n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m 32 2 2 T e j o n S t r e e t , S u i t e C D e n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m • • o o o o o o o o o o o o o 1120 Lincoln Street, Suite 1000, Denver, Colorado 80203 I P:303.623.6300 I F:303.623.6311 I www.HKSUtilityServices.com July 15, 2022 Mr. Kendrick Wyman The Architerra Group 5881 South Deframe Street Littleton, CO 80127 RE: The Green at 38th - SUE Investigation Dear Kendrick: Thank you for the opportunity to provide a Subsurface Utility Engineering (SUE) Investigation for the above referenced project. Attached, please find our Scope and Estimated Cost of Services. Please contact me if you have any questions or require additional information. We look forward to working with you. Sincerely, HKS Utility Services Tyler Hanna, PE SUE Project Manager cc: Steven P. Kocher, President July 15, 2022 Mr. Kendrick Wyman Page 2 1120 Lincoln Street, Suite 1000, Denver, Colorado 80203 I P:303.623.6300 I F:303.623.6311 I www.HKSUtilityServices.com SCOPE OF SERVICES HKS Utility Services (HKS) will provide a SUE Investigation for The Green at 38th project located in Wheat Ridge, CO. SUE limits are generally defined as from back of curb within the limits generally outlined in red in Figure 1 below, north of W 38th Street between Upham Street and High Court. Figure 1 July 15, 2022 Mr. Kendrick Wyman Page 3 1120 Lincoln Street, Suite 1000, Denver, Colorado 80203 I P:303.623.6300 I F:303.623.6311 I www.HKSUtilityServices.com 1) Utility Records Research HKS will submit a subsurface utility engineering notification to the Utility Notification Center of Colorado, provide utility records research, and contact and/or meet with facility owners, as necessary. 2) Utility Designation HKS will designate existing subsurface utilities within the proposed excavation area/SUE limits as necessary to develop utility alignments within the project area and mark the approximate location of existing utilities on the ground surface for subsequent survey. Utility mapping will be based on Quality Level (QL) B designation (if traceable using conventional electromagnetic utility detection equipment) for all “dry utilities” (electric, gas and telecommunications) and water. Storm sewer and sanitary sewer investigation is excluded from the scope at the request of the client. QL B mapping specifically excludes non-metallic untraceable utilities, unmapped and/or abandoned utilities, irrigation systems, traffic signal loop detection systems, septic systems, and underground storage tanks. Utility mapping for all quality levels will include utility type, ownership, size and material, based on available record information provided by the utility owner. 3) Utility Survey HKS will provide a subsequent survey of all marked subsurface utilities and above-grade facilities within the SUE limits, based on project survey control provided by the Client. 4) Existing Utility Plan HKS will provide an Existing Utility Plan (sealed by a Colorado Professional Engineer) and an electronic CAD deliverable of the existing utility mapping and survey. The engineer’s certification is limited to proposed excavation area/SUE limits only, and the Existing Utility Plan will include, but not be limited to, the following elements: a) Horizontal utility locations; b) Quality level definitions; c) General notes; d) Utility discrepancies, issues and recommendations; and e) Utility owner information (if available). July 15, 2022 Mr. Kendrick Wyman Page 4 1120 Lincoln Street, Suite 1000, Denver, Colorado 80203 I P:303.623.6300 I F:303.623.6311 I www.HKSUtilityServices.com 5) Permits & Traffic Control (optional) Permit fees related to this project are assumed to be waived. Any required permit fees will be invoiced as a reimbursable direct expense (plus 10%), together with hourly permit coordination costs. HKS will coordinate and apply for any necessary permits for the work within public right-of-way. HKS will coordinate and provide the necessary traffic control, and traffic control plans for the utility designation and surveying work. HKS may utilize a sub-consultant for a portion or all of the traffic control work. July 15, 2022 Mr. Kendrick Wyman Page 5 1120 Lincoln Street, Suite 1000, Denver, Colorado 80203 I P:303.623.6300 I F:303.623.6311 I www.HKSUtilityServices.com EXCLUSIONS The following are items are specifically excluded from this scope of services: a) Title commitment; b) Topographic survey; c) Right of entry; d) Right-of-way plans; e) Land survey plats; f) Easements delineation; g) Rehabilitation and or re-establishment of section corners or property corners; h) Exploratory excavation; i) Quality level upgrades; j) Storm sewer and sanitary sewer investigation and mapping k) Utility locating (test holes); l) Meetings and coordination; m) Permit fees; and n) Reimbursable direct expenses. July 15, 2022 Mr. Kendrick Wyman Page 6 1120 Lincoln Street, Suite 1000, Denver, Colorado 80203 I P:303.623.6300 I F:303.623.6311 I www.HKSUtilityServices.com ESTIMATED COST OF SERVICES SUE INVESTIGATION LUMP SUM FEE 1) Utility Records Research ......................................................................................... $ 560.00 2) Utility Designation................................................................................................ $ 5,580.00 3) Utility Survey ........................................................................................................ $ 4,550.00 4) Existing Utility Plan .............................................................................................. $ 6,420.00 5) Permits & Traffic Control (optional) .................................................................... $ 1,220.00 TOTAL ESTIMATED COST OF SERVICES $ 18,330.00                    Page 1 of 2    The Green at 38th  Traffic Signal Equipment Relocation  Scope of Work  July 13, 2022    Background  The City of Wheat Ridge is currently planning a community gathering space between Stevens  Elementary and 38th Ave into a future public gathering space. One of the feature entrances to the  transformed area is located at the corner of 38th and High Court where there is a current traffic signal  and associated infrastructure.  This scope of work encompasses the design of the traffic signal  equipment relocation from its current location to a location determined during the design process.   The following tasks are anticipated.    Task 1. Project Management and Coordination  ACL, Inc. (ACL) will work closely with Architerra Group Inc. (Architerra) and the City of Wheat Ridge  (City) to complete the project. ACL will provide coordination for design of the traffic signal equipment  relocation for the traffic signal at 38th and High Ct. ACL will coordinate with the City to verify Wheat  Ridge traffic signal and construction standards.  ACL will provide monthly invoices, and progress  reports.  We anticipate one field review meeting and as‐needed coordination meetings with Architerra and the City  to resolve any project related issues (2 assumed).  Task 1 Deliverables   Monthly Invoices with Progress Reports    Task 2. Preliminary Design (90%)  ACL will develop one Preliminary (90%) design for review to be submitted to Architerra and the City for  inclusion in the overall project plans. ACL will coordinate with Architerra and the City to determine the  desired location of the traffic signal equipment at this location.  It is assumed the existing traffic signal  including mast arms, poles and caissons will remain in place and the existing signing and striping at the  intersection will remain in place.  The design will include all signal equipment to be relocated with the  associated conduit and connections identified.  Preliminary design plans will include:   Traffic Signal Removal Plan   Traffic Signal Install Plan    The preliminary design (90%) submittal will also include preliminary specifications and cost estimate for  inclusion to the overall submittal package. Electronic submittal in pdf format will be provided to  Architerra for review.                     Page 2 of 2      Task 2 Deliverables   Final (90%) plans in pdf format   Final (90%) specifications in Word format   Final (90%) cost estimate in Excel format    Task 3. Construction (100%) Package  Following the preliminary design review, the team will update the design accordingly and submit an  advertisement package, including updated specifications and cost estimate. The advertisement plan  package will include the plan sheets from Task 2.  The construction package will be submitted  electronically in pdf format.    Schedule  This scope of work assumes a project duration of two months, with construction plans complete by  December 31, 2022.    Assumptions and Exclusions  Topographic Survey will be provided by others  Subsurface Utility Engineering (SUE) plans will be provided by others  ROW and Easement requirements will be provided by others  160XX ACL Sr. PM CADD / Des Mgr Sabinash Mills $171.00 $115.00 Task 1 Project Management and Coordination 1.1 General Management 2 2 342.00$ 342.00$ 1.2 Monthly Invoices and Progress Reports 1 1 171.00$ 171.00$ 1.3 Meetings -$ -$ Field Visit 3 3 513.00$ 513.00$ Coordination Meetings (Assume 2) 2 2 342.00$ 342.00$ 8 8 1,368.00 1,368.00$ Task 2 Preliminary (90%) Design 2.2 Traffic Signal Equipment Relocation Design 4 10 14 1,834.00$ 1,834.00$ 2.3 PS&E Package -$ -$ Plan Sheets 2 16 18 2,182.00$ 2,182.00$ Specifications 2 2 342.00$ 342.00$ Estimate 2 2 342.00$ 342.00$ 10 26 36 4,700.00 4,700.00$ Task 3 Advertisement Package and Construction Support 4.1 Advertisement Submittal 2 4 6 802.00$ 802.00$ 4.2 Design Support During Construction 2 2 4 572.00$ 572.00$ Total Task 3 4 6 10 1,374.00$ 1,374.00$ 22 32 54 7,442.00$ 7,442.00$ Project Totals Scope Date: July 13, 202238th/High Ct Signal Cabinet Relocation Task Task Description Total Task 1 Total Task 2 Total Hours Labor Cost ACL, Inc. Labor Summary Total Cost 7/13/2022 9:08 AM Page 1 of 1 38th-High Ct Fee Page 1 of 6 Please initial each page ____ This is an AGREEMENT for Professional Engineering services to be furnished by Ramirez, Johnson and Associates, LLC, 3301 Lawrence St, Suite 2, Denver CO 80205 (hereinafter referred to as RJA), to The Architerra Group, 5881 S. Deframe St., Littleton, CO 80127 (hereinafter referred to as Contracting Party) in accordance with the following mutually agreed conditions. The term Owner in this agreement refers to the Contracting Party’s client. Article I. Description of Project A. Provide plumbing engineering design and limited construction administrative services for a new communal fire pit to be located at the Green at 38th, Denver, CO 80206. Article II. Description of Services A. Design and Permit Phase 1. Drawings and specifications on drawings for Plumbing – natural gas design. a. No more than two formal design submittals are anticipated for 50% and 100% Construction Documents (for permit and bid). 2. Respond to plumbing plan check comments with all necessary revisions required to obtain permit approval. 3. Site visits are not included but may be added at client’s request. B. Construction Administration Phase 1. Provide limited construction administration to include: a. Engineer’s review of shop drawings and submittals b. Formal responses to RFIs C. Plumbing 1. Coordination of gas meter location with design team and owner 2. Gas piping system layout with sizes to community fire pit 3. Gas calculations with capacity requirements. Coordination of gas requirements with utility to be completed by general contractor. Article III. Description of Deliverables by Phase A. 50% Construction Documents 1. When authorized by the Contracting Party, RJA shall prepare Design Development Documents. The Design Development Documents shall consist of drawings and other documents to fix and describe This Part of the Project, including materials, equipment, component systems and types of construction or installation as may be appropriate, all of which are to be approved by the Owner and Contracting Party. 2. Deliverables: a. Initial Design Calculations: Gas pipe sizing b. Piping plans with general notes and specifications (on drawings). B. 100% Construction Documents 1. When authorized by the Contracting Party, RJA shall prepare, from the Previous Phase Documents approved by the Owner and confirmed by the Contracting Party, Drawings and Specifications setting forth the requirements for the construction of This Part of the Project, all of which are to be approved by the Owner and Contracting Party. 2. Deliverables: RJA shall prepare the Drawings and Specifications in such format as the Contracting Party may reasonably require. RJA will provide one set of either plot files or printed documents. Page 2 of 6 Please initial each page ____ Copies of data and drawing files shall be subject to compliance with our License and Release Agreement. 3. RJA shall assist the Contracting Party as necessary in connection with the Owner’s responsibility for filing the documents concerning This Part of the Project required for the approval of governmental authorities having jurisdiction over the Project. C. Construction Administration 1. Review of submittals, equipment warranties, and manuals. 2. Provide formal answers to contractor questions regarding our design and field conditions. 3. Construction phase site visits are not included but will be available at standard hourly rates if requested. Article IV. Scheduling/Coordination A. Contracting Party shall provide the necessary scheduling and coordination of its own forces and of other project consultants or sub-consultants sufficient to operate the orderly and efficient completion of RJA’s work without delay, interference, or interruption. RJA will use reasonable efforts to meet schedules agreed to in advance by RJA. RJA’s work shall be performed during typical five-day, forty-hour weeks (holidays excepted), without any premium time. If extended hours are required due to circumstances beyond the control of RJA, RJA shall be compensated for additional overhead, premium time costs, and productivity loss. B. Contracting Party and/or their sub-consultants shall provide the following for RJA’s use to complete the scope of work: 1. Architectural base plans in AutoCAD or Revit compatible format. 2. Final cut sheets or data for equipment and materials requiring plumbing services and/or connections ten (10) days prior to the implementation of the associated work. The provided data shall contain the necessary information in order to complete the design (for example: wattage, CFM, GPM, etc.) The contracting party understands that RJA’s performance schedule to complete the scope of work will be impacted if the above data is not provided in a timely manner. 3. Facilitate coordination of work between RJA and other consultants. Article V. Supplemental Work A. Any work requested by the Contracting Party not defined in the above Description of Services is deemed supplemental work to this agreement and shall be negotiated or invoiced in accordance with our standard hourly rates and reimbursable expenses, see above. This includes but is not limited to the following: 1. Design of any mechanical, electrical and or plumbing systems not included in this proposal. 2. Design of extension of water, gas, sewer, storm, telephone and/or cable utilities to within 5’-0” of the building. 3. Acoustics assessment and design. 4. Detailed life-cycle costs and/or energy use studies. 5. Value Engineering. 6. Fundamental and Additional Commissioning. (can be included under separate agreement) 7. Full-time Construction Administration services 8. Special Studies (i.e. feasibility, etc.) 9. Extraordinary site verification studies or surveys, resulting in measured drawings. 10. Revisions to drawings, specifications or design documents when revisions are changes to previously approved design criteria. 11. Providing professional services that arise as a result of defects in work by the contractor in the performance of the Construction Contract. Page 6 of 6 Please initial each page ____ Article XIII. Proposed Fees A. Proposed Scope Of Services fees on a lump sum basis shall be as follows: 1. Fire Pit Gas Piping Design .................Three thousand six-hundred seventy-five dollars ($3,675) B. To be valid, this proposal should be signed and returned within 30 days from the date shown below. C. A legible photocopy, scanned original or faxed copy of this signed proposal will be as valid as the original document and will be required in order for RJA to begin work. Article XIV. Signatures Proposed by: Accepted By: RAMIREZ, JOHNSON, & ASSOCIATES, LLC Contracting Party: Signature: _____________________________ Darin Ramirez Printed Name: _____________________________ Principal Title: _____________________________ Date: 7/1/2022 Date: _____________________________ Billing Contact Info: Printed name: ___________________________ Email: ___________________________ Phone: ___________________________ Address: ___________________________ July 11, 2022 Subject: Scope of Professional Services, Geotechnical Evaluation, Green at 38th, Wheat Ridge, Colorado Proposal Number 2207-1325 Mark Taylor The Architerra Group 5881 S Deframe Street Littleton, Colorado 80127 Dear Mr. Taylor: GROUND Engineering Consultants, Inc. (GROUND) is pleased to submit a proposal to conduct a geotechnical evaluation in support of design and construction of the proposed civic area to be located northeast of the intersection 38th Avenue and Upham Street in Wheat Ridge, Colorado. Based on provided documents, we understand that the proposed civic area will have a footprint area of about 110,000 square feet and consist of a landscape area, terrace, festival promenade, game grove, stage, and new parking lot. Additionally, new paved parking areas, landscaping, and underground utilities are also anticipated. We assume no below-grade levels are planned for construction and that cuts and fills will be relatively limited, on the order of 3 feet or less. Based on provided information and our experience with similar projects, we propose the following: Geotechnical Evaluation Components  Drill 3 test holes at locations to be determined by GROUND to evaluate the subsurface profile and obtain earth material samples for laboratory testing. 1 test hole will be drilled within the proposed parking lot area to approximately 10 feet, 1 test hole will be drilled within or near the proposed stage area to approximately 25 feet, and 1 test hole will be drilled within or near the proposed promenade areas to approximately 10 feet. Final depth of the test holes, however, will be determined in the field as exploration progresses and as the subsurface profile becomes evident.  Conduct a laboratory testing program to evaluate relevant engineering characteristics of the materials at the site. Green at 38th Wheat Ridge, Colorado 7/11/2022 Proposal No. 2207-1325 Page 2 of 8  Analyze the results of the field and laboratory studies to develop geotechnical parameters regarding proposed structure foundation and floor systems, remedial earthwork, excavation conditions, utility lateral installation, water soluble sulfates, soil corrosivity, and parking lot pavement sections. Retaining wall parameters and/or design are not included in this scope of service at this time (GROUND is not aware of such structures). If retaining structures are planned for construction, GROUND should be contacted to re-evaluate the scope and fee. Similarly, municipal (Public Right-of-Way) pavements will not be addressed.  Prepare a report summarizing the data obtained, and present our conclusions and parameters. An electronic copy (PDF format) of the report will be provided. Hard/paper copies are available upon request. Field services, data analysis and report preparation will be conducted under the supervision of a Colorado licensed professional engineer. Fees We can complete the above-outlined scope of services for a lump sum fee of $4,200. This fee assumes normal workday (Monday to Friday – 7 am to 6 pm) operations. Additional fees may apply for night, weekend, and/or holiday work. Optional Additional Services GROUND will not proceed with the following optional additional services without your prior approval and authorization. However, these services may be required to complete the subsurface exploration program.  Private Utility Locate Locating services may be required to attempt to identify private utilities that will not be marked by UNCC / Colorado 811. GROUND can coordinate with a private locating subcontractor to provide this service upon request. The client should be aware that authorizing this service does not guarantee that all private utilities can and/or will be located, identified, and marked. Specifically, the locations of sewer lines and older water lines can difficult to determine. GROUND is not liable for any damage to privately owned utilities. This service is estimated to be $400 in addition to the fees above. (initial if approved) Green at 38th Wheat Ridge, Colorado 7/11/2022 Proposal No. 2207-1325 Page 3 of 8 If additional services are required beyond the scope of services outlined above, we propose that our fees for the additional services be in accordance with the hourly and unit costs presented in the Fee Schedule on page 6 of this scope of services. As times required for post-report consulting and development of additional parameters are difficult to forecast, we propose to provide these services on an hourly and unit cost basis in accordance with the Fee Schedule. Specifically, a rate of $150 per hour will apply for a project engineer or geologist, $190 per hour for a professional engineer or geologist, and $225 per hour for a GROUND principal. GROUND will not proceed with additional services, however, without your prior approval and authorization. Considerations/Exclusions  We assume that the site will be accessible to a conventional, truck-mounted drilling rig. Our scope does not include snow removal, construction of access routes or drilling pads, fence removal, or any other measures necessary to obtain physical access to the test hole locations.  Architerra Group will furnish right-of-entry for GROUND and our subconsultants and / or subcontractors to make borings, surveys and/or conduct other surface or subsurface explorations.  GROUND and its subconsultants and / or subcontractors will take reasonable precautions to reduce damage to property. Some damage to landscaping, pavements, etc., is inherent to geotechnical drilling and should be expected by Architerra Group. GROUND will backfill the test holes with auger returns, patch paved areas with ‘cold patch’ asphalt or grout and generally leave the site reasonably restored. Additional site repairs including, but not limited to, more extensive site clean-up, restoring ruts/damage in landscaped areas, repairing broken irrigation systems, replacing cracked curbs or flatwork, more elaborate pavement repairs, etc., are outside of our scope of services. Upon request, we can provide these as additional services as discussed above.  Evaluation/identification of hazardous/contaminated materials that may be present, is not included in our scope of services unless otherwise indicated. Architerra Group must inform GROUND to the presence of hazardous/contaminated materials, known to him prior to performance of any subsurface exploration.  Our scope does not include fees associated with obtaining permits to complete our field services or to respond to municipal or other agency review of our report. Green at 38th Wheat Ridge, Colorado 7/11/2022 Proposal No. 2207-1325 Page 4 of 8  We have assumed that the test hole locations and elevations will be surveyed by others on the project team, if necessary.  GROUND will notify public utilities through the Utility Notification Center of Colorado (UNCC / Colorado 811). GROUND will not be liable for damage to any private utilities as a result of exploration; the utility owner must identify or otherwise locate these utilities. By entering into an agreement with GROUND, Architerra Group accepts this limitation and will either coordinate this utility identification and/or provide information to GROUND regarding the location(s) of on-site utilities. We have assumed that Architerra Group will notify the property owner(s) within 48 hours of proposal execution.  Groundwater level observations will be performed during drilling operations; test holes will be backfilled upon drilling completion per Code of Colorado Regulations (2 CCR 402-2). In the event Architerra Group desires additional/repeated groundwater level observations, GROUND must be notified prior to proposal/agreement execution so that necessary revisions to the scope and fee can be made.  A contractor who relies upon GROUND’s reporting for development of his scope of work or cost estimates may find the geotechnical information to be inadequate for his purposes or find the geotechnical conditions described to be at variance with his experience in the greater project area. The contractor is responsible for obtaining the additional geotechnical information that is necessary to develop his work scope and cost estimates with appropriate precision. Schedule We propose to initiate the evaluation within 3 days of being given notice to proceed (i.e., receiving a signed copy of this proposal). We anticipate that preliminary information will be available within 6 to 7 weeks after notice to proceed, and the final report should be completed approximately 8 to 10 weeks after notice to proceed. GROUND will attempt to adhere to this schedule; this remains dependent, however, upon favorable weather conditions, site access and buried utility locations. In any event, we will notify you of our progress and pertinent information, as it becomes available. Green at 38th Wheat Ridge, Colorado 7/11/2022 Proposal No. 2207-1325 Page 5 of 8 Authorization Please review the General Conditions on pages 7 and 8 of this scope of services, which contain a limitation of our liability. Also note that GROUND reserves the right to alter the scope items if deemed necessary and withhold data and reports until we have received a signed proposal. If you have any questions, concerns or comments regarding this proposal, please contact this office. If this proposal meets with your approval, please return a signed copy to this office at which time we will sign and return an executed copy to you. This proposal is valid for 60 days. We appreciate this opportunity to work with you on this project. Sincerely, GROUND Engineering Consultants, Inc. Ben Fellbaum, P.G., E.I. Agreed to this ______ day of _________________________________________ , 2022 Architerra Group by: ________________________________ ________________________________ Please print name GROUND Engineering Consultants, Inc. by: ________________________________ ________________________________ Please print name RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 1 REQUEST FOR QUALIFICATIONS RFQ-JN-18-17 Submittal Due Date: ____DAY, ______________, 2018 BY 4:00 PM our clock THE GREEN at 38th AVENUE LANDSCAPE ARCHITECT SERVICES SEALED SUBMITTALS MUST BE MAILED OR DELIVERED TO: City of Wheat Ridge Municipal Building Attention: Jennifer Nellis, CPPB BID - Purchasing & Contracting Division 7500 W 29th Avenue Wheat Ridge, CO 80033 Phone: 303-235-2811 Fax: 303-234-5924 DOCUMENTS PREPARED BY: PARKS and RECREATION DEPARTMENT PURCHASING & CONTRACTING DIVISION IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. PLEASE DO NOT REMOVE ANY PAGES FROM THIS BID DOCUMENT RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 2 CITY OF WHEAT RIDGE ADVERTISEMENT RFQ-JN-18-17 THE GREEN AT 38th AVENUE LANDSCAPE ARCHITECTURE SERVICES Project Overview/Scope: The City of Wheat Ridge Public Works Department seeks a qualified firm/team to develop design documents for “The Green” at Stevens Elementary School to create a gathering place. The scope of work includes: presenting concepts to the community to receive public input, refining final design; site analysis/construcability; probable cost; review and approval by JEFFCO School District; presentation to City Council. Budget for these services is estimated between $20,000 and $30,000. Point of Contact: Jennifer Nellis, Purchasing Agent, jnellis@ci.wheatridge.co.us or phone 303-235-2811. Do not contact the requesting department or the evaluation committee. Mandatory Pre-RFQ Meeting: ??????? Thursday, ___________, 2018 1:00 PM at City Hall, 7500 W. 29th Ave., Wheat Ridge, CO 80033, PD Training Room Due Date for Questions: Noon, __________, 2018 by email to jnellis@ci.wheatridge.co.us Minimum Requirements: Awarded design professional must have a valid City of Wheat Ridge Business/Use Tax license(s) prior to starting the project. This project requires compliance with the “Illegal Alien” Provisions of CRS8- 17.5-101, as well as insurance coverage. Minimum requirements for this project include management and execution of projects of similar scope and complexity. Interested firms shall have been in business in the Denver area for a minimum of two (2) years. Disadvantaged Business Enterprises: Disadvantaged business enterprises are afforded full opportunity to submit qualifications and will not be discriminated against on the grounds of race, color or national origin in consideration for award. Qualification Submittals Due: ____DAY, ____________, 2018 BY 4:00 PM OUR CLOCK. THERE IS NO PUBLIC OPENING. It is the responsibility of the offeror to ensure the qualifications submittal is received in the Purchasing Office on or before the due date and time. Submit to: City of Wheat Ridge Municipal Building, BID - Purchasing & Contracting Division Attn: Jennifer Nellis, CPPB 7500 W 29th Avenue Wheat Ridge, CO 80033 The City only accepts submittals in hard copy format. Fax, email or other electronic means are not acceptable. Sealed submittals must include: (1) marked “Original” and (4) copies for a total of 5 complete sets. Mark Envelopes: RFQ-JN-18-17 THE GREEN AT 38th AVENUE Comments: All submittals must be sealed and shall be validated. No submittals will be accepted after the due date and time, regardless of postmark. Submittals received after the due opening time will be filed unopened. The City of Wheat Ridge reserves the right to shortlist firms that it deems are in the best interest of the City based solely on qualifications. RFQ Documents: Available on the RMEPS a division of BIDNET www.rockymountainbidsystem.com or visit the City Website for project documents and updates: www.ci.wheatridge.co.us Publish Dates: _________________________________ Daily Journal , 2108 Jennifer Nellis, Purchasing Agent RMEPS , 2018 RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 3 RFQ-JN-18-17 PROPOSAL REQUIREMENTS/SELECTION CRITERIA THE GREEN AT 38th AVENUE LANDSCAPE ARCHITECT SERVICES I. INTRODUCTION A. General The City of Wheat Ridge (the “City”) is located in the northwest area of Denver metropolitan area just west of downtown Denver. The City’s area consists of about nine square miles of rolling land adjacent to Interstate 70 transportation corridor between Denver and the Rocky Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 31,000 residents. The City is a home-rule municipality with eight council members, city manager, and mayor form of government. B. Background The City has been working for several years to redevelop 38th Avenue between Wadsworth and Sheridan Boulevards as the City’s “Main Street”, known as Ridge at 38. The 38th Avenue Corridor Plan was adopted in October 2011 and provides the framework for revitalizing the street. In particular, the Guiding Principles that are summarized on page 2 of the Executive Summary are critical in accomplishing the City’s vision for 38th Avenue. A copy of this plan may be found on the City website at www.ci.wheatridge.co.us in the 38th Avenue link under the Quick Links. C. Objectives The purpose of this RFQ is to contract with one qualified firm with experience in designing The City anticipates making an award of a performance based contract in early ____________ 2018 for the first phase of the work. The City retains the option to continue working with the awarded firm for subsequent phases negotiating scope and fees as work phases progress, yet based on labor rates negotiated with this initial RFQ process to maintain continuity of the project. II. STATEMENT OF WORK The scope of Work includes: Phase I - PHASE I: III. SELECTION PROCESS AND EVALUATION CRITERIA The selection committee may make a selection based on the qualification submittals received or may choose to “short list” prospective firms for further negotiations. The selection process may involve two stages: 1) written submittals will be evaluated and scored, 2) oral interviews with the highest-ranking firms, if requested, and considering preliminary schedules. The City will attempt to negotiate a contract with the highest ranked firm following the interview stage. Elements that will be considered by the panel when scoring your submittal: A. Submittal Requirements RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 4 Submittal Due Date: _____________, 2018 by 4:00 PM (Local Time) Firms are scored on their past experience for the type of work involved and their ability to address issues critical to the success of the project requirements. Firms are not to submit fee proposals in their initial submittal. Submittals should be formatted to correspond exactly to the following information requirements. Clear and concise responses are appreciated. The total all-inclusive page limit is 75 pages letter size. If you would like to incorporate the City marketing logo or City seal on your information, please contact Laura McAvoy via email: lmcavoy@ci.wheatridge.co.us. The awarded firm must be willing to enter into an Agreement with the City of Wheat Ridge substantially in the form as attached. Submitting firms must indicate any exceptions they take to the schedule and any terms and conditions in the Sample Agreement, including the General, or Supplementary Conditions in their Request for Qualifications submittal. The City, at their sole option, may accept or reject any proposed changes to the terms and conditions and also reserves the right to negotiate final contract terms and conditions which may differ from those contained in the Sample Agreement, General, or Supplementary Conditions. Submit the following information in your proposal in this order, and follow the evaluation criteria listed below: Signature Page, Forms, Insurance Requirements a Complete and sign, “Proposer Information and Addendum Acknowledgement” aka Signature Page b Illegal Alien Form c Non-Discrimination Assurance Form d Provide a statement agreeing to provide and maintain insurance per the agreement requirements B. Selection Process 1. Screening Panel/Short List: Written submittals will be reviewed and scored and a short-list may be developed. Firms are not to submit fee proposals in their initial submittal. A. Qualifications of the Firm (25%) A.1 Include information on firm size, number of employees, years in business, location of working office and assurance of your financial stability. A.2 References: Include the name, current phone number and email of the owner’s project manager for each project you have listed of similar size and scope. Provide total dollar amount, a brief summary of the work and dates of work performed. List any sub-consultants you may have used. A.3 Include any supplemental references or supplemental qualifications that may attest to your firm’s current ability to provide the required services. A.4 Demonstrate experience in overseeing and coordinating multiple concurrent projects. A.5 Describe experience with projects for public clients. State your familiarity with governmental decision-making and review process. A.6 Indicate familiarity with the project area and local construction market. A.7 Provide a “Litigation Statement” of: No, Yes, or Pending litigation on any projects in the last five (5) years. If yes, explain. A.8 Provide a statement agreeing to provide and maintain insurance per the agreement requirements. B. Experience of Staff and Team (25%) B.1 Identify the proposed project manager, key staff, and any sub-consultants; and their roles. B.2 Present a brief discussion regarding the experience and qualifications of the team working on similar projects together. B.3 Unique knowledge of key team members relating to this project. B.4 Describe individual experiences with the City or other government agencies. C. Approach (30%) RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 5 C.1 Detail your approach to manage the work to meet deadlines or an expedited schedule. C.2 Identify any foreseeable problems in the implementation of the project. C.3 Describe how the objectives identified will be achieved. C.4 Demonstrate your understanding of the technical requirements. C.5 Provide a list of what portion of the work, if any, will be subcontracted. C.6 Provide samples of items similar to those requested in this RFQ, produced by the proposing firm. C.7 Describe your customer service philosophy and approach towards client communication and reporting. C.8 Discuss quality control methodology: adhere to state and local procedures, construction documentation coordination and completion, and ensure construction quality. C.9 Discuss cost control methodology: • estimates of probable cost within owner’s established budget • coordination of value engineering activities D. Current Workload and Location (20%) D.1 Provide information on current and projected workload for 2018 and 2019 and how this project will be accomplished. D.2 Demonstrate ability to manage the required work to meet the anticipated schedule and final deadline of __________. D.3 Describe where the program manager and any key team members will do the key work elements of this project (proximity of firm’s offices may affect coordination with City’s project manager and the project location). 2. Oral Interviews: The City reserves the option to enter negotiations with the top-ranked firm/team following the qualifications submittal review, without conducting interviews, if in the best interest of the City. However, it is anticipated that oral interviews will be conducted with no more than three firms on ____________________. Firms will be notified in writing of the short list. Key personnel from the firm who will be directly involved with the project should attend the interview. The interview panel will, in particular, be interested in knowing more about previous experiences, meeting deadlines, project approach, and in conversing with the individuals who will act as the primary contacts. Be prepared to present and leave behind a preliminary schedule for the project. The short-listed firms will be ranked after interviews are conducted, and the preliminary schedule will be included in the evaluation criteria. (See below.) Qualifications (25%) Experience (25%) Approach, Timelines and Current Workload (30%) Preliminary Schedule and Location (20%) 3. Scope and Fee Proposals and Final Selection: At the time of the Oral Interviews, the City requests a detailed scope and fee proposal in a sealed envelope from the firms that have been short listed and will attempt to negotiate a contract with the number one ranked firm following the interview stage. If an agreement is not successfully negotiated with the highest ranked firm, the second ranked firm will be contacted, and the negotiation process will continue in such manner until an award is made or the negotiations are terminated. We do recognize the tight timeline between the interview and potential negotiation stages. V. ANTICIPATED SCHEDULE OF EVENTS All times are local and by our clock. RFQ Issued & Advertised MANDATORY Pre-RFQ Meeting Questions Due Final Addendum Proposal Due Date and Time RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 6 Short List Interviews, Detailed Scope and Fee Proposal Negotiation of Contract Council Approval Issue Notice to Proceed VI. ADMINISTRATIVE AND OFFEROR INFORMATION 1. SUBMITTAL OPENING, EVALUATION AND AWARD Only the names of each proposer will be read at the opening. Submittals will be examined after opening. Submittals will be evaluated on the basis of the evaluation criteria. The firm selected for the award will be chosen on the basis of qualifications and the apparent greatest benefit to the City and not necessarily on the basis of lowest price. The City reserves the right to make multiple awards if deemed in the best interest of the City. No submittal may be withdrawn for a period of ninety (90) calendar days of the RFQ opening date. 2. SALES & USE TAXES Do not include sales or use taxes in your bid. Please contact the Sales Tax Division for current status related to sales and use taxes for City projects. 3. PROPOSER QUALIFICATIONS No submittal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid upon and that they have the necessary financial resources to provide the proposed supply/service called for as described in the attached Section II, Statement of Work. 4. RIGHT TO INVESTIGATE The City reserves the right to investigate and confirm the proposer's financial responsibility. This may include financial statements, bank references and interviews with past consultants, employees and creditors. Unfavorable responses to these investigations are grounds for rejection of the submittal. 5. NO COMMITMENT BY CITY OF WHEAT RIDGE This Request for Qualifications does not commit the City of Wheat Ridge to award any costs or pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a submittal to this Request, or to procure or contract for services or supplies. In acceptance of submittals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the proposers as to any features of their submittals and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the qualified proposers. 6. PROPOSAL REPRESENTATION Each Proposer must sign the submittal with their usual signature and shall give their full business address on the form provided in this RFQ. Submittals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Submittals by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 7. ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge, and no other public official, or employee, who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial interest, direct or indirect, in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this Service. RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 7 8. INSURANCE The successful Proposer shall, during the term of this Agreement and until completion thereof, provide and maintain the following types and minimum insurance coverage as follows: Type of Insurance Minimum Limits of Liability Standard Workers' Compensation Statutory in conformance Including Occupational Disease Coverage with the compensation laws of the State of Colorado Employer’s Liability $500,000 each person; $500,000 each accident; $500,000 each disease Comprehensive General Liability $250,000 each person; Insurance $1,000,000 each occurrence Professional Liability, Errors and Omissions $1,000,000 each occurrence The successful Proposer shall affect the insurance policies in a company or companies and in a form satisfactory to the Owner. Before commencing any performance under this Agreement, successful Proposer shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. 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. Workers' Compensation Insurance - The contractor shall provide workers' compensation insurance coverage for all persons employed to perform the work to be done under the contract and assure that all workers will receive the compensation for compensable injuries. A copy of the workers compensation policy is required to be submitted to the City as part of this Proposal. Professional Liability Insurance - Evidence of Professional Liability Insurance will be required upon award of the project. 9. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout and herein incorporated here by reference. 10. SUBCONTRACTING No portion of this Work may be subcontracted without the prior written approval by the City. 11. SALES PROHIBITED / CONFLICT OF INTEREST No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited. 12. MODIFICATION OF AGREEMENT No modification of award shall be binding upon the City unless made in writing and signed by authorized agents of both parties. RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 8 13. CANCELLATION Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 14. TERMINATION OF AWARD FOR CAUSE If, through any cause, the successful Proposer shall fail to fulfill in a timely and proper manner its obligations or if the successful Proposer shall violate any of the covenants, agreements or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Proposer of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the successful Proposer shall, at the option of the Agency, become its property, and the successful Proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful Proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful Proposer and the City may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the City from the successful Proposer is determined. 15. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Proposer under the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Proposer covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Proposer, termination of award for cause, relative to termination shall apply. 16. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans With Disabilities Act may be required, upon request, by the City. 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. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21. 18. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The word “firm/bidder/proposer” means any person, partnership, corporation or other entity. RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 9 19. PROPRIETARY INFORMATION The evaluation committee will hold information provided by Proposers during the RFQ process in confidence until the date of an award. After that date, submittals will become public record. Proposers may request parts of their submittals to remain confidential and shall indicate in the submittal and on the appropriate proprietary or financial pages. All information included in any submittal that is of a proprietary nature must be clearly marked as such. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the submitting firm. 20. COMPETITIVENESS AND INTEGRITY The Purchasing Office maintains control of its internal and third party communications during the procurement process to prevent biased evaluations and compromises of confidential information and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contact representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm’s offer. 21. SUBMITTAL FORMAT All responses to this Request For Qualifications shall use the respondent’s format except for those pages, which have blanks to be filled in by the respondent or those pages marked for return with the submittal. A submittal can be rejected by the City if the firm fails to completely fill in all blanks for evaluation of the submittal or fails to answer all questions. Submittal should be prepared initially on the most favorable terms. All submittals shall be prepared in a comprehensive manner as to content; however, no necessity exists for expensive binders or promotional material. All costs, including travel and expenses incurred in the preparation of this submittal, shall be borne solely by the respondent. 22. SUBMITTAL REJECTION AND/OR PARTIAL ACCEPTANCE The City reserves the right to: • reject any and all submittals • accept other than the lowest price • waive minor defects or technicalities, formalities and informalities • accept in whole or in part such submittal where it is deemed advisable • make an award on the basis of the apparent greatest benefit to the City • alter the scope of work reasonably and RFQ documents until a contract is executed 23. GOVERNING LAW The laws of the State of Colorado shall govern any contract executed between the successful respondent and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado, and more specifically, Jefferson County, Colorado. 24. TAXES AND LICENSES BY THE AWARDED CONTRACTOR/CONSULTANT Contractor/Consultant shall promptly pay, when they are due, all taxes, excises, license fees, and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required municipal, county, state or federal licenses required to perform this work. Contractor/Consultant shall furnish the City upon request, duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes. Contractor/Consultant shall promptly pay, when due, all bills, debts and obligations it incurs performing work under this agreement and to allow no lien, mortgage, judgment, or execution to be filed against land, facilities, or improvements owned by the City. 25. PROMPT PAYMENT DISCOUNTS In determining the most responsive priced fee proposal(s), the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 10 performance. 26. OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. 27. FUNDING There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 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/Consultant is specifically advised of this Section 2-4 of the Code of Laws. This Contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1 of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise, expressed or implied, is made that such funding will be approved by the City Council, acting in its legislative discretion. 28. INDEMNIFICATION The Contractor/Consultant agrees to indemnify, defend and to hold the City and its agents, officials, officers and employees 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 to the extent caused by the negligent performance or failure of the Contractor/Consultant to provide services pursuant to the terms of this Agreement. 29. INDEPENDENT CONTRACTOR The firm is an independent contractor. Notwithstanding any provision appearing in this RFQ, all personnel assigned by the firm to perform work under the terms of this RFQ and any subsequent agreement shall be, and remain at all times, employees or agents of the firm for all purposes. The firm shall make no representation that it is the employee of the City for any purpose. 30. DUE DILIGENCE Due care and diligence has been used in the preparation of this information and it is believed to be substantially correct. However the responsibility for determining the full extent to the exposure and the verification of all information shall rest solely with the respondent. The City is not responsible for any errors or omissions in the specification or for the failure on the part of the respondent in determining the full extent of exposure. 31. DEBRIEFING Respondents not selected or placed on a short list may request a debriefing on the selection process as well as discussion of the strengths and weaknesses of their firm’s submittal upon receipt of notification that their firm was not selected or short listed. Firms that were on the short list but not selected may request a debriefing after they have been notified that another firm was selected. A debriefing may be scheduled with the Purchasing Agent. 32. SECURITY ACCESS CARDS The City may issue security access cards to assigned workers. It will be the discretion of the City if the access cards are issued specifically for each worker or a guest card may be issued. 33. SAMPLE AGREEMENT A sample agreement is provided for your review if your firm is awarded. Do not complete nor enclose with your submittal. It is for information only. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 11 RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 12 CITY OF WHEAT RIDGE RFQ-JN-18-17 THE GREEN AT 38th AVENUE LANDSCAPE ARCHITECTURE SERVICES PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT FEIN/SSN (Required) _________________________________________________________________ Federal I.D. Number COMPANY_________________________________________________________________________ ADDRESS __________________________________________________________________________ CITY/STATE/ZIP______________________________________________________________________ PHONE ______________________________________FAX___________________________________ AUTHORIZED SIGNATURE_____________________________________________________________ This is required. Must be in ink. TYPED/PRINTED NAME________________________________________________________________ TITLE __________________________________ EMAIL ______________________________________ PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDUMS ACKNOWLEDGE ADDENDUM: Bidder is responsible for confirming receipt of each addendum, please initial. #1 __________ #2 __________ #3 __________ #4 __________ INITIAL YOU REVIEWED EACH ADDENDUM FOR THIS PROJECT ____________________________ VISA IS THE PREFERRED PAYMENT METHOD. DO YOU ACCEPT VISA WITHOUT EXTRA FEES? ___________________________________________ POINT OF CONTACT: Jennifer Nellis, Purchasing Agent, jnellis@ci.wheatridge.co.us or fax 303-234-5924. DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE. Signature acknowledges that Proposer: 1) has read the bid documents thoroughly before submitting a proposal 2) will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions 3) is capable of performing quality work to achieve the City objectives and 4) is submitting without collusion with any other firm. You must submit a proposal with an authorized signature. Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 13 The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b)(I). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this _________ day of _______________________, 20_______ BID NUMBER: ______________________________________________________________ FIRM: _________________________________________________________________ (Print Full Legal Name) AUTHORIZED SIGNATURE: _____________________________________________________ Print Name: ____________________________________________________________ Print Title: ________________________________ Date: ________________________ Attestation: (A corporate attestation is required.) BY: _________________________________ Corporate Secretary or Equivalent Place corporate seal here, if applicable Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR ILLEGAL ALIENS, COMPLIANCE TO HB 1343 RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 14 Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance. FIRM: (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title: Date Certified and Agreed: Attestation: (A corporate attestation is required) Place corporate seal below: CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 15 BY: Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 16 RFQ-JN-18-17 THE GREEN AT 38th AVENUE LANDSCAPE ARCHITECTURE SERVICES SAMPLE AGREEMENT, FOR YOUR REVIEW ONLY THIS AGREEMENT made this day of _________ 2018, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and FIRM, CITY, STATE, 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-18-17 THE GREEN AT 38th AVENUE LANDSCAPE ARCHITECTURE SERVICES, as more fully described in the Request for Qualifications and Consultant’s response to the RFQ (Exhibit I) (attached hereto 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 Consultant has been authorized to proceed by the City. Completion shall be within __________ (__) CALENDAR DAYS or by ___________. The City may upon mutual written agreement by the parties, extend the time of completion of services to be performed by the Consultant, if needed. The City hereby agrees to pay the Consultant the amounts required for additional work as deemed necessary at the unit prices set forth in the Consultant’s proposal, with a total contract amount not to exceed __________, ($________), in accordance to the provisions and subject to the conditions as set forth in this Agreement and the documents referred to above. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services rendered. 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 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. RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 17 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 bonafide 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 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 Minimum Limits of Liability Standard Workers' Compensation Statutory in conformance Including Occupational Disease Coverage with the compensation laws of the State of Colorado Employer’s Liability $500,000 each person; $500,000 each accident; $500,000 each disease Comprehensive General Liability $250,000 each person; Insurance $1,000,000 each occurrence Professional Liability, Errors and Omissions $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, defend and to hold the City and its agents, officials, officers and employees 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 to the extent caused by 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 RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 18 changes in services, pursuant to the Request for Qualifications, 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. 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 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 City Contractor Contact Name Phone Cell Email address Address City, State, Zip RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 19 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. 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 job 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. § 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). RFQ-JN-18-17 THE GREEN AT 38th AVENUE Page 20 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. 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: ______________________________ JANELLE SHAVER, CITY CLERK ______________________________ DATE (Seal) APPROVED AS TO FORM: ____________________________ GERALD DAHL, CITY ATTORNEY ATTEST TO CONTRACTOR: ________________________________ NAME ________________________________ TITLE ________________________________ DATE OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 ______________________________ BUD STARKER, MAYOR CONTRACTOR FIRM ADDRESS CITY STATE _____________________________ AUTHORIZED SIGNATURE _____________________________ PRINT NAME ______________________________ TITLE __________________________________ DATE