HomeMy Public PortalAboutResolution 2015-12-04 Entering into a Contract with Bowman Consulting Group, LTD for Engineering Services TOWN OF FRASER
RESOLUTION NO. 2015-12-04
A RESOLUTION ENTERING INTO A CONTRACT WITH BOWMAN CONSULTING GROUP,
LTD., FOR ENGINEERING SERVICES
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Manager is hereby authorized to execute a contract with Bowman Consulting
Group, Ltd., for engineering services with a term to expire December 31, 2016.
2. All documents must be executed within sixty days of the date of this Resolution or this
approval shall no longer be effective.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 2nd DAY OF DECEMBER, 2015.
Votes in favor: ' BOARD OF TRUSTEES OF THE
Votes opposed: Q TOWN OF ' SER, ,s LORADO
Absent:
Abstained: BY: / _
May•
of
FFATTEST:
(S E ,p
SEAL Town Clerk
Clerk �C°
cOLORe
TOWN OF FRASER, COLORADO
PUBLIC CONTRACT FOR SERVICES
THIS CONTRACT is made and entered into as of this 3rd day of December, 2015, by
and between Bowman Consulting Group, Ltd., whose address is 6013 E. Briarwood Drive,
Centennial, Colorado 80112, (hereinafter referred to as "Contractor"), and the Town of Fraser, a
municipal corporation of the State of Colorado, whose address is 153 Fraser Avenue, P.O. Box
370, Fraser, Colorado 80442, (hereinafter referred to as "Fraser" or"Town").
In consideration of the mutual promises and covenants set forth herein, Fraser and
Contractor agree as follows:
ARTICLE 1.0— RELATIONSHIP OF THE PARTIES
1.1 Contractor is engaged in an independent business and is being retained and
engaged by Fraser only for the purposes and to the extent set forth in this contract.
Contractor's relation to Fraser and any of its affiliates shall, during the term of the contract, be
that of an independent contractor and not an employee, agent, partner or engaged in a joint
venture with Fraser, for all purposes including, but not limited to Federal and state tax purposes.
Fraser does not require Contractor to work exclusively for Fraser, and Contractor shall retain the
right to perform services for others during the term of this contract.
1.2 Fraser engages Contractor to perform duties in connection with the following
specific engagement hereunder.
ARTICLE 2.0 - DESCRIPTION OF SERVICES
2.1 Contractor agrees to provide the following services for Fraser as Supplementary
Town Engineer(herein referred to as the "Work"):
Scope Category 1-A—General Town Engineering Services:
1. In the capacity of Town Engineer, attend meetings of the Town Board and Planning
Commission; meet with Town staff, public officials, community leaders, developers,
contractors, and the general public, as requested.
2. Provide periodic reports, as requested, on the activities and status of work completed on
engineering and development projects and issues.
3. When directed, analyze the Town's needs and prepare, recommend and administer long
and short-range programs that relate to engineering issues consistent with the goals of
the Town. This would include preparation of an annual capital improvements budget.
4. Provide general engineering advice and consultation in connection with problems
including but not limited to traffic flow, roadway programs, drainage issues, water
service, sanitary sewer service, stormwater drainage and maintenance issues. It is
expected that this can be provided without extensive study and analysis.
5. Recommend regulations and ordinances pertaining to engineering matters.
6. Provide technical advice to Town's staff as requested by the Town Manager.
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7. Advise Town as to engineering and construction financing available from other
governmental agencies and when so directed, prepare and initiate applications for such
funding.
8. Establish working relationships and coordination with the Town Board, Town staff, other
Town consultants, stakeholders, all other public agencies and private utilities involving
engineering matters affecting the Town, as are necessary and assigned by the Town,
including securing necessary permits.
Scope Category 1-B—Development Review and Construction Observation:
1. Review proposed development within the Town as well as proposed annexation
requests, and make recommendations on engineering matters.
2. Review all engineering drawings and plats for improvements and facilities under the
jurisdiction of the Town and prepared by private developers relating to the development
of public and private improvements, and make recommendations on engineering
matters.
3. Establish and/or review cost estimates of improvements and recommend amounts of
letters of credit, as appropriate, and coordinate with the Town's administrative staff on
posting of such securities and the payment of other development fees within the proper
time sequence of such development review.
4. Provide field inspections and observations, including review of the results of any
necessary testing coordination during construction of such improvements by private
developers and at the proper time, prepare punch lists of items to be completed,
recommend notices of completion and acceptance of work.
5. Provide such necessary and related functions as are the normal practice of the Town in
the engineering review of private developments.
6. Provide engineering advice as it relates to planning, subdivision, zoning and other
related matters.
Scope Category 1-C—Special Projects:
1. As requested by the Town Manager or their representative, prepare engineering and
surveying studies, reports, analyses, plans, drawings, estimates, specifications,
standards or other documents on individual projects.
2. As requested by the Town Manager or their representative, provide construction
administration, surveying, staking and field observation services on special projects.
3. Special projects may include but are not limited to design, bidding administration,
inspection services and construction administration of water and sewer facilities,
roadways, drainage facilities, parks maintenance programs, Town buildings or any other
facilities owned by or under the jurisdiction of the Town.
4. Town may from time to time have the need for other services not specifically listed
above for which the Engineer has the necessary experience and capabilities. The Town
Manager or their representative may authorize the Engineer to perform such selected
services on an as needed basis.
2.2 Any additional work or services not within the scope of the description set forth in
Section 2.1 must be approved in advance by Fraser.
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ARTICLE 3.0 - COMPENSATION
3.1 Fraser agrees to pay the following compensation to Contractor for the Work
described in Article 2.0:
3.1.1 On all projects where the scope is not fixed or the project limits are not
defined, payment shall be made to Contractor by the Town upon receipt of an itemized
invoice showing all labor charges and expenses incurred by Contractor during the billing
cycle. The invoice total shall be the sum of all labor and expenses at the hourly labor
rates attached as Schedule A, expenses at the rate attached as Schedule A.
3.1.2 Such compensation shall be payable as follows: Contractor will submit
invoices within 20 days after the last day of each month during which service on the
Project has been in progress. Payment is due within thirty days after receipt of
Contractor's invoice.
3.1.3 On all fixed scope projects compensation shall be made in accordance
with the Terms of the individual proposal.
3.2 Fraser hereby states that it has appropriated sufficient funds to pay the
anticipated compensation due to Contractor hereunder for the current fiscal year.
ARTICLE 4.0 - TERM
4.1 This Contract shall be effective as of the date first mentioned above and shall
continue in effect until December 31, 2016.
4.2 Either party may terminate this contract without cause upon not less than thirty
(30)days written notice to the other party.
ARTICLE 5.0 - CONTRACTOR'S RESPONSIBILITIES
5_1 Contractor shall provide and pay for all labor, materials, equipment, facilities and
services necessary for the proper completion of the Work.
5_2 Contractor will pay and be responsible for all costs incurred by Contractor
relating to or in connection with the performance of duties under this contract, including, but not
limited to, any overhead costs, any fees, fines, licenses, bonds or taxes required of or imposed
against Contractor and all other of Contractor's costs of doing business.
5_3 Contractor assumes full responsibility for acts, negligence or omissions of all its
employees engaged in performing the Work or any part thereof; for those of his subcontractors
and their employees; and for those of all other persons performing work under a contract with
him.
Rev.2014-07 Page 3 of 8
5.4 Contractor shall comply with all Federal, state and local laws regarding business
permits and licenses that may be needed to carry out any duties to be performed under this
contract.
ARTICLE 6.0 - INDEMNIFICATION AND INSURANCE
6.1 To the fullest extent permitted by law, Contractor agrees to indemnify, defend,
and hold harmless Fraser, its officers, employees, agents and their insurers, from and against
any and all liability, claims and demands, on account of any injury, loss or damage, including
without limitation, claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage or any other loss of any kind whatsoever, which arises out of or is in
any manner connected with this Contract or the Work hereunder, to the extent such injury, loss
or damage is caused by, or claimed to be caused by, the act, omission, error, professional error,
mistake, negligence or other fault of Contractor or any subcontractor of the Contractor, or any
officer, employee, or agent of the Contractor or any subcontractor, or any other person for
whom Contractor is responsible. To the fullest extent permitted by law, Contractor shall defend,
investigate, handle, respond and provide defense for and defend against any such liability,
claims or demands at the sole expense of Contractor, or at the option of Fraser, Contractor
agrees to pay Fraser or reimburse Fraser for defense costs incurred by Fraser in connection
with any such liability, claims, or demands, including court costs and attorney fees, whether or
not such liability, claims or demands alleged are groundless, false or fraudulent. This
indemnification provision is intended to comply with §13-21-111.5(6), C.R.S., and shall be read
as broadly as permitted to satisfy that intent.
6.2 Contractor shall procure and maintain, and shall cause any subcontractor of
Contractor to procure and maintain (or shall insure the activity of Contractor's subcontractors in
Contractor's own policies with respect to), the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to Fraser. All
coverages shall be continuously maintained from the date of commencement of the Work. In
case of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage. The required coverages are as
follows:
6.2.1 Workers' Compensation insurance to cover obligations imposed by the
Workers' Compensation Act of Colorado and any other applicable laws for any employee
engaged in the performance of Work under this contract, and Employers' Liability
insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000)
each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy
limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000)disease -each
employee.
6.2.2 Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION
DOLLARS ($2,000,000)aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property
damage (including completed operations), personal injury (including coverage for
Rev.2014-07 Page 4 of 8
contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations. The policy shall include coverage for explosion, collapse,
and underground hazards and shall contain a severability of interests' provision.
6.2.3 Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000)
aggregate with respect to each of Contractor's owned, hired and/or non-owned vehicles
assigned to or used in performance of the Work hereunder. The policy shall contain a
severability of interests' provision.
6.2.4 Contractor shall maintain professional liability insurance with minimum
combined single limits of Five-Hundred Thousand Dollars ($500,000)for each claim and
Five-Hundred Thousand Dollars ($500,000) aggregate.
6_3 The policy or policies required by subsections 6.2.2 and 6.2.3 above shall be
endorsed to include Fraser as an additional insured. Every policy required above shall be
primary insurance, and any insurance carried by Fraser, its officers or employees, or carried by
or provided through any insurance pool shall be excess and not contributory insurance to that
provided by Contractor. Contractor shall be solely responsible for any deductible losses under
any policy or policies required herein. Upon Fraser's request, Contractor shall promptly furnish
Fraser with a certificate of insurance evidencing the insurance coverage required by this Article.
6.4 Failure on the part of Contractor to procure or maintain policies providing the
required insurance coverages, conditions and minimum limits provided herein shall constitute a
material breach of this Contract, for which Fraser may immediately terminate this Contract, or at
its discretion, Fraser may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith, and all sums so paid by
Fraser shall be repaid by Contractor to Fraser upon demand, or Fraser may offset the cost of
the premiums against any monies due to Contractor from Fraser.
6_5 Fraser and Contractor understand and agree that Fraser is relying on, and does
not waive or intend to waive by any provision of this Contract, the monetary limitations or any
other rights, immunities and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101, et seq., Colorado Revised Statutes, as the same may from time to time be
amended, or otherwise available to Fraser, its officers or employees.
ARTICLE 7.0 -ADDITIONAL PROVISIONS
7.1 Contractor understands that Contractor will be liable for Federal, state and local
income taxes and Federal self employment tax relating to income received under this contract.
Fraser will not: withhold FICA(Social Security)from Contractor's payments; make State or
Federal unemployment insurance contributions on Contractor's behalf; withhold State or Federal
income tax from payments to Contractor; or obtain Worker's Compensation insurance on behalf
of Contractor.
Rev.2014-07 Page 5 of 8
Contractor is not entitled to workers' compensation benefits and is obligated to pay
Federal and state income tax on any moneys earned pursuant to the contract
relationship established by this contract.
7.2 Fraser shall not provide in any way training to or for Contractor hereunder.
7.3 Contractor is engaged hereunder as an independent contractor and, as such,
Contractor shall not have any authority to accept engagements on behalf of or to, in any other
way, bind Fraser.
7_4 This Contract contains the entire agreement and understanding between the
parties and may not be changed or modified orally, but only by a written instrument signed by
both Fraser and Contractor.
7.5 Neither this Contract or any interest therein, nor any claim thereunder, shall be
assigned or transferred by Contractor to any other party or parties.
7.6 In the event of any litigation relating to or arising out of this Contract, the court
shall award to the prevailing party all reasonable costs and expenses incurred in connection
with such litigation, including attorney fees. This Contract shall be interpreted and enforced in
accordance with the laws of the State of Colorado; and the courts of Grand County, Colorado,
shall have exclusive jurisdiction over any court action arising hereunder.
7.7 Illegal Aliens. By its signature on this Contract, Contractor certifies that, as of the
time of its signature, it does not knowingly employ or contract with any illegal alien who will
perform work under this Contract and that, in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract, Contractor
will participate in the e-verify program or department program, as defined in C.R.S. 8-17.5-101.
Contractor agrees that it shall not knowingly employ or contract with any illegal alien to perform
work under this Contract; and that it shall not enter into a contract with a subcontractor that fails
to certify to Contractor that the subcontractor shall not knowingly employ or contract with any
illegal alien to perform work under this contract. Contractor has confirmed the employment
eligibility of all employees who are newly hired for employment to perform work under this
Contract through participation in either the e-verify program or department program, as defined
in C.R.S. 8-17.5-101. Contractor shall not use the e-verify program or department program
procedures to undertake pre-employment screening of job applicants while work under this
Contract is being performed. If Contractor obtains actual knowledge that a subcontractor
performing work under this Contract knowingly employs or contracts with an illegal alien,
Contractor shall: (1) notify the subcontractor and Fraser within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2)
terminate the subcontract with the subcontractor if, within three days of receiving the notice
required herein, the subcontractor does not stop employing or contracting with the illegal alien;
except that Contractor shall not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contractor shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the course
Rev.2014-07 Page 6 of 8
of an investigation that the Department is undertaking pursuant to the authority established in
C.R.S. 8-17.5-101(5). If Contractor violates a provision of this paragraph, Fraser may terminate
this Contract for breach of contract. If the Contract is so terminated, Contractor shall be liable
for actual and consequential damages to Fraser. Contractor understands that, in the event of
such a termination, Fraser is required to notify the office of the Colorado Secretary of State.
IN WITNESS WHEREOF, Fraser and Contractor have executed this Contract effective
the date first above written.
FRASER CONTRACTOR
TOWS14'E ERASER, - unicipal corporation Bowman Consulting Group, Ltd.
af'the State of C•• .do �—
BY: 'dam
BY:
anager Branch Manager- ranby
TK TITLE:
gATaejt
Town Clerk
(SEo of
Rev. 2014-07 Page 7 of 8
Schedule A
Bowman Consulting Group, Ltd.
2015 Hourly Rates for
Hourly Town Engineering Services
CLASSIFICATION HOURLY RATES
ENGINEERING
Department Executive . $225.00/HR
Vice President/Director/Branch Manager $200.00/HR
Sr.Project Manager/Department Manager . $175.00/HR
Director of Construction Management $150.00/HR
Senior Environmental Scientist $140.00/HR
Project Manager $140.00/HR
Assistant Project Manager $125.00/HR
Engineer I (Sr. Project Engineer) $120.00/HR
Engineer II(Project Engineer) $100.00/HR
Engineer III.. $ 90.00/HR
Designer I(Senior Designer) $110.00/HR
Designer II $ 95.00/HR
Designer III $70.00/HR
CAD Technician I $ 85.00/HR
CAD Technician II $ 80.00/HR
Technical Assistant $ 60.00/HR
Construction Manager $105.00/HR
SURVEY
Survey Manager .. $175.00/HR
Licensed Surveyor $130.00/HR
Survey Field Crew-2 Man $140.00/HR
Survey Field Crew- 1 Man $ 95.00/HR
Computer Tech I $100.00/HR
Computer Tech I1 $ 80.00/HR
Computer Tech III $ 70.00/HR
Professional Testimony $300.00/HR
EXPENSES
Translucent Bond(24"x 36") $3.00 Each
Vellum(24"x 36") $5.00 Each
Mylar(24"x 36") $10.00 Each
Color Bond(24"x 36") .. $15.00 Each
Color Bond (36"x 56") .. $45.00 Each
Photocopies(B/W) $0.25/Copy
Photocopies(Color) $0.75/Copy
Mileage $0.565/Mile
Electronic Files on CD $5.00/Each
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