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HomeMy WebLinkAboutbocc.con.032.1978 �.�,<:, � � �.�:<s� _ - �, : ,:,, . . .,.; �' . , ., _.. _. ._ _. ,. "' , k'� , . _ . - - ,�.J.; ��.4'!'� . . , . . . .y:.: i'.i/,` �:,�:.;i�� : �< PITKIN COUNTY BOARD OF COMMISSIONERS s '�;:;: ��»�° Agreement No. 3�'��� �':;; y�,� `�; THIS AGREEMENT made this �j /C� day of �, 1978, � by and 6etween the PITRIN COUNTY BOARD OF COMMISSIONERS(hereinafter � referred to as the "County") , and VIRGINIA DUBRUCQ ASSOCIATES : '� (hereinafter referred to as the "Contractor") �. W I T N E S S E T H: WHEREAS, Pitkin County is in the process of developing a Community Center to bettex accommodate the social needs of its residents, and WHEREAS, it is desired that the Community Center building be developed in a style and appearance which would facilitate the seryices to be provided therein, and a. WHEREAS, it is appropriate to utilize the services of professionals with interior design experience in order to effectuate the above stated desires, and � WHEREAS, the County's Human Resource Coordinator has contacted a professional interior design firm which has the necessary experience and abilities to provide the County with the required services. NOW, THEREFORE, for and in consideration of the premises and covenants and agreements herein contained, it is agreed by and between the parties hereto as follows: � ARTICLE I: CONTRACT DESCRIPTION �f The services to be performed under this contract by the Y. Contractor are outlined in detail as follows: Y' 1. General color and material schedule(including carpet <'- �:� selection, painting and wall coverings and window treatment). ;t>' . ' �s`' �.�:: �`c; �1 � . 4^ �,. f '`� ,:. t°;F �. ... . . � .:-n,..xy.p,'r _�_,..,. , � „ � �,,_; _ )��-' _ l n, _ . . .. .. . . _ �. .. . . . 1,.. �-�,.f i� . . A. Orientation �f�`�` (1) Review of architect's plans, specifications, �� and finish schedule for project. (2) Visit to site with representative of owner. �� (a) Review of all spaces. � (b) Conversation with Contractor and intro- ,:;� duction to sub-contractors involved with � ''° interior finishes. � �°r. � �s B. Selection of finish materials and colors F� :�: (1) With attention to existing materials. � ;y (2) Based upon those materials specified by � - architect with substitutions only where deemed necessary. - � ', C. Presentation of all materials and color selection to „� owner and architect • �3 D. Upon apgroval of the power that be, complete finish ,> schedule and plans for all areas applicable '` E. Follow-up inspection of all installations(carpet, wall coverings, painting, window treatment, etc.) 2. Public area £urniture layout and selection(This would `' include the Senior Cer,ter Lounge). J. A. Review of project ; (I) Programmed needs of various areas. "� (2) Study basic circulation throughout structure. (3) Color and material.selections. B. Furniture layout �, (1) Furniture pl.ans for all public areas based upon ultimate use of spaces. (2) Alternate furniture plans in3icating initial "barebones" approach. f" ' C. Selection of furniture ;. (1) With consideration toward architectural character. x (2) With consideration toward user. (3) With consideration toward quality and cost. i�. D, Budget study $ (1) Complete furniture budget based upon ultimate " furniture plan. x (2) Complete furniture budget based upon "barebones" plan. � E. Presentation to owner x il) Complete ;" scale plans of public areas. (2) Photograph of all proposed furniture items. + (3) Samgles and color swatches of all propose8 fabzics and materials. (4) A realistic budget study covering all proposed furnishings. � F. Bid process (1) Bid acka e s P 9 �i (a) Complete specifications on all approved � furniture items, e.� (b) Furniture plans indicating location of all - above. items(to be used as a cross ref?rence ;� and installa'sion aid). (2) Solicitation of bids from suppliers. (3) Bid opeaing. ° L G. Accomplishment * (1) Placement of orders with successful bidder or '� �z: bidders. ;.;; (2) Organization of shipment and installation � schedule. �'' ' � (3) Coordination of all installations. �� '�- �: � _ 2 _ �� `; �:' r:+ � 7., i': F� ti,. � I ���' • . . . . . , . . . r�,e''`+ � :-:' a��-.-r . _ �,��F���t. . . .,.: �:._- . . _.... __ : , , .�•:. t��- - 3, Senior center lounge(as isolated area of design). i_ � � A. Follow same process as Section Ii � , � 4. Furniture s�andard for independent areas(agencies). � d. �, A. Standards based upon Section IIC � �� B. Unifying factor requesting that, where possible, furniture items being reused be refurbished in � unison(i.e, paint all files standard colors) � � C. Replacement factor - strong suggestion that as � existing furniture is retired from use, i�t be replaced with furniture which is consistent with . �:; that in public areas ;� 5. Graphics � A. Signage - design of directional and area identifi- �� cation � B. Wall graphics - design of super graphics if appropriate � ARTICLE II: PAYMENT FOR SERVICES 1. In consideration of the performance of the Contractor ' of the services to be rendered as described above, the County. � agrees to pay the Contractor as herein described. The total maximum amount stated herein is not to be exceeded by the x Contractor unless an addendum, agreed to in writing on behal� of the County, is executed. The County is in no way responsible or liable £or any expenses incurred by the Contractor exceeding �� the amounts outlined herein. Color and Material Schedule 40 hrs. @ $25 = $1,000.00 ' Public Areas Furnishings 75 hrs. @ $25 = 1,875.00 (included in Item 2) ` Furniture Standard(based upon 10 hrs. @ $25 = 250.00 approval of Section II) Graphics 25 hrs. @ $25 = 625.00 Travel Expenses 400.00 TOTAL $4,150.00 2. Any out-of-pocket expenses are to be included within - the above outlined budget, and must be accounted Poz by receipts. � µ ARTICLE III: METHOD OF PAYMENT � l. Once each month the Contractor shall submit to the � � County an invoice for expenses incurred, and furthermore, the � Contractor sha11 use the County's Minimum Information Billing Form � , - 3 - ,��` � Ea �: r` i� t. �� � n{j.�` �: f„ �^'a�i'x��•: ,'.F; �x�-�;��;� _ . ei'{.�y�4 �,`..'� ' . . '1��: _'�"�.i � . ._,. . .. ._ .. .. . . _.. .. . , ;, _; � . ... ' �.).�. R which shall be completed in full detai]. for billing purposes. � + � :. 2. After receipt and approval of charges, the County shall �9 pY make payment thereon within, 30 days of reaeipt of said charges to � � , ;� the Contractor. 3. Prior to £inal payment under this contract, the Con- �� tractor shall execute and deliver: � a. A release discharging the County for all liabilities, � - i obligations and claims arising out of or under this �`1 contract. ;�a � � '_�}� - `� . :x{ � ARTICLE IV: PERFORMANCE STANDARDS � 1. The time period for this work is three months from the date of contract execution. 2. The County Manager or his designee is responsible £or contract management and the Contractor shall work under the � general and specific direction under the County Manager. ARTICLE V: TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY 1. The performance of work under the contract may be , � terminated by the County: a. Whenever the Contractor shall default in performance t; af this contract in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer as the County may allow) after receipt of a w notice specifyinq the default from the County, or � b. Whenever for any reason tihe County shall determine that such termina�ion is in its best interests. The Contractor shall not be in default by reasons of any failure in performance of this contract in accordance with its terms if such failure arises out of causes beyond the control and without � (, the fault or negligence of the Contractor. Such causes may - include, but are not restricted to, acts of God, natural disasters, strikes or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the - 4 - � . � r � � � !� _. � . �: � _�*r.�: �,, �,..��. :�T,�"e...`�r� " _ . �:5�fiz�� _ _ .. _._. . .. _ ._ . _ _ ,. . -;,,, ,:; ,,;�; Contractor, the County shall determine that any failure to perform ���� constituted excusable delay, the delivery schedule shall be revised. � a' 2. Notice of Termination. � �,; In each event of termination, the County shall deliver to ;� the :Contractor a written notice of termination, specifying the F� reasons therefore, and the effective date of such termination. � The effective date shall not be earlier than the date of delivery � � 3 � of the notice. 3. Termination Procedure. After receipt of the notice of termination, unless other- wise directed by the County, the Contractor shall: a. Stop work under the contract on the date specified in the notice of termination; y b. Place no further orders and subcontracts to the extent that they relate to the performance of work x terminated by the notice of termination; d. With the approval or ratification of the County to the extent it may require, settle all outstanding liabilities and all claims arising out of such termination or orders or subcontracts, the cost of which would be reimbursable in whole or in part in accordance with this contract. 4. Termination Payment. After receipt of the notice of termination, the Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with Article III, including costs x � incurred to the date of termination, the costs incurred because of termination, which termination costs shall not exceed 10� of the total shown in Article 2I; provided, however, that in the � event of default by the Contractor, no extra costs incurred � because of termination shall be paid to the Contractor. Such ��. xi claim must be submitted promptly, but in no event later than three � (3) months from the effective date of termination, unless one or �: r: ;� more extensions are granted in writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the -� County may review the information available to it and determine the amount due the Contractor, if any, and pay the Contractor the . amount as determined. - 5 - ; � .:; �� , !� {:.,��.,:;r.�, ..,:,.. �- � '!�- - , ���; �-�:��;�;.,,: � . ���;;;' - .. _ _ . _ _ . . . . . . ',gq�_: , ��,�r` } U: S. Settlement. Y F= Subject to Section 4, the Contractor an3 County may aqree 1'z �; upon the whole or any part of the amount or amounts to be paid, ?:: including an �1lowance: fAr the fee.to.Contractor by reason of the � � termination o£ work. 6. Remedies. The Contractor shall have the right to appeal from any " determination made by the County under Article V, Section 4 or 5 � above except that if the Contractor has failed to submit his clai.m within the time provided in Section 4 above and has failecl �`; to properly request extension, he shall. have no such right of � appeal. In any case where the County has made a determination of � the amount due under Section 4 or 5 above, the County shall pay the Contractor: (1) the amount the County has determined if there is no right to appeal or if no timely appeal has heen taken, or (2) the amount finally determined on such appeal if an appeal has been taken. 7. Method of Appeal. Subject to Section 6, if the Contractor disagrees with - the County's determination under Section 4 or 5, he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt in writing o£ the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within 30 days from the date of receipt of such response the Contractor submits the dispute to ' a court of competent jurisdiction. ARTICLE VI: REQUIFED CLAUSE ! ! The Contractor shall be subject to the following provisions: � � 1. 1�udit and Inspection of Records. � s; The Contractor shall permi� the authorized representative �of the County to inspect and audit a11 data and records of the � �: Contractor relating to his performance under the Contract up to ��; ,5 . three (3) years after the completion of this contract. F" ra � 2. Prohibited Interest. ;? No member, officer, or employee of the Public Body or of a � - 6 - 'i . r.- "';�`:���;_� ;.:iz`. ;'°,• . �A' �1�!��— — . �;��j , r.• f+r_�.: .. �s�:.�� . I � ., ....�.,. ,.� . �; . .Vi; local public body during his tenure or one year thereafter shall � have any interest, direct or indirect, in this contract or the q proceeds thereof. ARTICLE VII: SUBCONTRACTS Assignment of any portion of the work by subcontract must be approved in advance by the County. The County will not be liable for the cost assigned without such approval. . ARTICLE VIII: RECORDS The Contractor shall maintain complete and . books, records and documents concerning the actual time devoted to this project. ARTICLE IXe PRINCIPAL PROFESSIONAL The principal professional involved in:this contract is Ms. Virginia DuBrucg, who is considered essential to the perfornance of this contract. In the event of death, disability or inability of Ms. DuBrucq to perform, this contract automatically terminates. ARTICLE XI: GOVERNING LAWS \ This contract shall be construed under the laws of the State of Colorado. i In witness of this Agreement, the parties have set their hands and seals on the days and years qiven. � DATE:;::;/�•��' /� . '7� PITKIN COUNTY� COLORADO BOARD OF COMMISSIONERS � e, - �� , a `� �r�� ' B ��� �l/�� � $�TEST;1. �� ���Y� '� y�Robert W. Child ;i. ,;, ��' � Chairman ,•, y'� , zabe� :.' ���ar � e4 DepiYtX CoiUi�Cy'Clerk ': � ;a( :_ ��`: �. - � - :T i . _ . .. _ ... .. _ . . . . . . .. . . . .:'�.�;<<.;�:J _„.�„�.n.�, -- -r r�rrrrr: -.__ _ .-- _. . � ;°,.':%:,'".:""Y.�: . . .�r. �,i _ . . � . . _ . . . � ��. t .,.u� .N iy'h'::i yr� . : � .. . ��� DATE: Virgini�u rucq � �:z`; .' APPROVED AS TO FORMe � .. �� /J._ ��� � . �Sandra M. S lie�� County Attorney . �, ; _ _ , � � ',; ' _.:. , . . x s � , . . .. . . T _ _ 8 _ . � fi � ,i w,::>..•... ..;-; �. ... �...�..� �. ..,:.� :..., 5 . , . . _.,_ . .{�. � `..f::'�4�r�' . .