HomeMy WebLinkAboutbocc.con.029.2002 CHECK LIST
FOR CONTRACTS SU NHTTED TO CLERK AND RECORDER FOR
S ANNING/ARCHIVING
Originating Department/Division: AKPest
Contact Person: /Lcsy K A c CONTRACII"0442f �-
Phone #:
Check Contract Type: STAFF AUTHORIZED
✓Services SIGNATURE
_Maintenance
License/Use
_Lease
_Construction
_Purchase
_Employment
_Intergovernmental Agreement (Requires BOCC Action)
_Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K—Department Head ✓
-50K—Department Head (if appropriate), Section Leader
Over 50 K—Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name): ,PaZzI4,4 k;2
Contract Start Date: 51V a 00a Contract End Date: 9/ 3 1l o? 00.2
Automatic Renewal Od oy'o
y All Contracts should be proofed for the following:
• No Pages Missing
• If a Page is Left Intentionally Blank—Note on Page
• Page numbered consecutively
• All Signatures Affixed
• All Dates Filled In
• All Other Blanks Filled In
• All Exhibits Attached
• All Legal Descriptions Attached (if appropriate)
• Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date: 44/8/Da
Authorized Staff Person
Signature of authorized staff person indicate that document has been proofed and ready
ji
for scanning.
Note: Clerk's Office will keep original documents in compliance with Colorado
State Archives retainage schedule.
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AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES (the "Agreement") is made
and entered by and between Pitkin County, Board of County Commissioners ("Pitkin County") and The Ross
Partnership, 60 West Airport Road Suite A Aspen, CO 81611 (hereinafter"Contractor"),
1. Purpose. The purpose of this Agreement is to provide for architectural services on the
Airport Aircraft parking Patio shelter project.
2. Term. The term of this Agreement is from May 1, 2002 to August 31, 2002. At the
expiration of the initial term, the Agreement may be extended for an additional term of up to 30 days by
the express written consent of both parties.
3. Contractor's Obligations. Contractor shall provide architectural services related to the
Construction Phase Administration services outlined in AIA document 8151, Article 2.4. Additional
services requested by the owner as noted in Article 3 of the some document shall be performed at
standard hourly rates. Please refer to the Scope of Work and Articles attached.
4. Compensation and Expenses. Invoicing and Payment. The County shall pay the Contractor for
performance of services hereunder. Payment of invoices submitted by Contractor hereunder is contingent upon
completion of each task to the satisfaction of the County. Invoices shall itemize specific work done to complete
the task, and include receipts for all reimbursable items. Within thirty (30) days of receipt of an invoice and
approval thereof as required hereunder,payment shall be made by the County. Reimbursable expenses as noted
in the scope of work are included in the base fee amount of $20,500.00. In no event shall the total charges
for services and reimbursements exceed $20,500.00. In the event the Contractor incurs time and expenses
above said amount, no compensation for said additional time and expenses shall be required to be paid by the
County without written authorization by the County.
5. Count,/s Exclusive Ownership of Work Product. The County acknowledges that the drawings
and specifications produced as a work product under the this agreement are instruments of professional
service. These documents shall become the property of Pitkin County under the terms of this agreement but
shall rat be used for any other project without the written consent of the contractor.
6. Pitkin Countv's Obligations. Pitkin County shall administer this Agreement through a County
Representative.Ray Krebs will manage the project as the County's Representative. In the event that Ray Krebs
is not available, a designee of the Airport Director shall assume the County Representatives duties. The
services provided and products delivered by the Contractor under this Agreement will be subject to review by
the Countys Representatives,or a designee,for compliance herewith.
The review comments of the County's Representative may be reported in writing as needed to the
Contractor. To prevent an unreasonable delay in the Contractor's work,the Countys Representative will
endeavor to examine all deliverable products and other documents and will accept same and authorize
payment or will specify necessary changes within ten (10) working days of receipt of such documents.
7. Cancellation. In addition to the right of termination referenced in Exhibit 8 hereto,
Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractors
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obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor as
provided in Paragraph 11 herein.
8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and
indemnification,are attached hereto as Exhibit 8 and incorporated by this reference.
9. Independent Contractor Status.
a. The parties to this Agreement intend that the relationship between them
contemplated by the Agreement is that of Independent Contractor. Contractor, and any
agent, employee, or servant of contractor shall not be deemed to be an employee, agent, or
servant of Pitkin County.
b. Contractor is not required to offer his services exclusively to Pitkin County under
this Agreement. Contractor may choose to work for other individuals or entities during
the term of this Agreement, provided that the basic services and deliverable products
required under this Agreement are submitted in the manner and on the schedule defined
under this Agreement.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under
this Agreement.
d. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this
Agreement.
e. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
10. Assignablility. This Agreement is not assignable by either party.
11. Notice. Arty written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent
certified first class mail, postage prepaid, return receipt requested addressed as follows:
a. To Pitkin County
Ray Krebs, Asst, Director of Aviation
0233 Airport Drive
Aspen, CO 81611
with copies to:
Pitkin County Attorneys Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970)920-5198
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b. To Contractor:
The Ross Partnership, P.C.
60 W. Airport Road
Suite A
Aspen, CO 81611
FAX (970)920-6994
12. Modification. This Agreement may only be modified by written agreement of both parties
hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement
Code and the Required Clauses attached hereto as Exhibit B.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the latest date written below.
CONTRACTOR: APPROVED AS TO FORM:
By: O7, N/A
Risk Management Date
Title: Vice President
The Ross Partnership Date
PITKIN COUNTY: APPROVED AS TO FORM:
N/A
ay Kreb , Asst. Director of Aviation County Attorney Date
�'c)
Section Head (if >$25,000) Date
113
EXHIBIT A
SCOPE OF SERVICES
March 21, 2001
Mr. Ray Krebs
Assistant Pitkin County Airport Director
0233 East Airport Road
Aspen, Colorado 81611
Ray- Per your request, we are pleased to provide the following formal proposal related to
construction administration services for above ground portions of the proposed Aircraft Patio
Shelters on the north ramp at the Pitkin County Airport. The scope of work that is included is
as follows:
Construction Administration:
We will provide Construction Phase Administration services as outlined in AIA document
8151, Article 2.4 . Additional services requested by the Owner as noted in Article 3 of
that same document shall be performed at our standard hourly rates. We have
attached copies of those articles for reference. Our fee proposal for this portion of the
work assumes that the above grade building construction will be performed as a single
project with construction completion no later than 12/31/2002. Should the project be
broken into multiple phases or delayed to a later date the fees would be re-negotiated
between the Owner and Architect to reflect the change. This proposal includes the
necessary services of the Architect and Structural Engineer. Services of special
inspection consultants related to welding, materials testing, soils testing or surveying
are not included.
Our fees for the above services are as follows:
Construction Administration: Fixed fee of $20,500.00 billed monthly approximately
proportional to the completion of construction. Included in this fee is an allowance of
$500 to cover normal reimbursable expenses for printing, long distance telephone and
similar expenses related to the construction administration phase. No travel expenses
are included or anticipated.
We look forward to working with you on this project.
Sincerely,
Gary Ross AIA
THE ROSS PARTNERSHIP, P.C. ARCHITECTURE & PROJECT MANAGEMENT
60 West Airport Road,Suite A Aspen,Colorado 81611 970 920-6980 Fax 920-6994 email trp@sopris.net
o
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REQUIRED CLAUSES
For purposes of these Required Clauses,"Contractor"means The Ross Partnership,P.C.
Contractor shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the requirements
of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter,
Resolution No. 82-37, April 12, 1982). As such,the Contractor agrees to comply with all requirements
of said Procurement Code,and such requirements are incorporated herein by this reference.
B. The Contractor shall immediately notify the County Manager in writing of arty violation of said
Code or statutes by the County's employees or agents,which violation(s)is known or should have been
known by him, and failure to so ratify the County of any violation(s)within five (5)days of knowledge
of such violations shall be considered a breach of this Agreement. Further, such failure to notify the
County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be
deemed as a waiver of any action or defense that the Contractor may have against the County by
reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF
INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency
has been employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor for
the purpose of securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of
Pitkin County a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation,preparation of any part of a program requirement or a purchase request,
influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement,
or to any solicitation or proposal therefor.
C. Gratuity means a payment, loan,subscription,advance deposit of money,services,or anything of
more than nominal value, present or promised, unless consideration of substantially equal or greater
value is received.
D. Kickbacks Prohibited. It shall be a breach of Agreement for ary payment,gratuity,or offer of
employment to be made by or on behalf of a subcontractor under a contract to the prime contractor
or higher tier subcontractor or any person associated therewith,as an inducement for the award of a
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subcontract or order. The Contractor is prohibited from inducing, by any means,any person employed
under this Agreement to give up ary part of the compensation to which he/she is otherwise entitled.
The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or
regulations.
E. Conflict of Interest Prohibited. No official,officer, employee or representative of the County
during the term of this Agreement or one (1) year thereafter shall have any interest, direct or
indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former
employees of County are found in Article 7 of the Procurement Code).
F. Sub-Controct Clause. The prohibitions against contingent fees, gratuities, kickbacks and
conflict of interest prescribed in this Agreement shall be made a condition of and conspicuously set
forth in every sub-contract and solicitation therefor.
G. Conspicuously means written in such special or distinctive format, print, or manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against
contingent fees,gratuities, kickbacks and conflict of interest,the County shall have the right to:
(1) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor under
County contracts;
(3) Deduct from the contract price or consideration, or otherwise recover, the value of anything
transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS
ENTERPRISES(DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs,
contractor shall meet all applicable requirements with respect to employment and subcontracting in
connection with Disadvantages/Minority/Women individuals and enterprises(DME/MBE/WBE).
B. In connection with the execution and administration of this Agreement, and any subcontracts,
the Contractor shall not discriminate against any employee or applicant for employment because of
race, religion, color,sex,national origin,age,handicap or status as a veteran.
C. In connection with the performance of this Agreement, the Contractor will cooperate with the
County in meeting the County's commitments and goals with regard to the maximum utilization of
disadvantaged, minority and women business enterprises and will use its best efforts to ensure that
such business enterprises shall have the maximum practicable opportunity to compete for employment
and/or subcontract work, if arty,under this Agreement.
D. The Contractor will furnish all necessary information and reports and will permit access to its
books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance
with the nondiscrimination✓affirmative action provisions of any resultant contract.
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E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit
on an Employment Data Form to be provided by the County, the data showing the utilization of
disadvantaged persons, minorities and women by job category within its organization. Where the
Contractor has fifty (50)or more employees or it is participating in contracts with the County, which
exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the
County when requested by the County Attorney's Office within ten(10)days after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/
affirmative action provisions of arty resultant contract, Pitkin County shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
(1) Withholding of payments under the Agreement until the Contractor complies,and/or
(2) Cancellation,termination,or suspension of the Agreement, in whole or in part.
4. T ERMINATSON FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the
performance of work under the Agreement may be terminated by Pitkin County:
(1) Whenever the Contractor shall default in performance of this Agreement 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 or shorter,but riot less than three(3)days,for
failure to provide proof of insurance or maintenance of any dangerous condition) after hand-
delivery, facsimile or mailing to the Contractor of a notice specifying the default as provided in
Paragraph 11 of the Agreement.
The Contractor shall not be in default by reasons of any failure in performance of this
Agreement 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 Contractor, the County shall ascertain the facts and failure,
and, if the County shall determine that any failure to perform constituted a valid commercial
excuse,the performance shall be revised accordingly and notice of default withdrawn or
(2) Whenever for any reason and in its sole discretion the County shall determine that such
termination is in its best interest and convenience.
B. Notice of Termination. In the event of termination, the County shall deliver to the Contractor
a written notice of termination, specifying the reasons therefore, and the effective date of such
termination. The effective date shall not be earlier than the date of hand-delivery, facsimile or the
date of mailing of the notice,as provided in Paragraph 11 of the Agreement.
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C. Termination Procedure. After the effective date of the notice of cancellation,termination for
default or for the convenience of the County, unless otherwise directed by the County, the
Contractor shall:
(1) Stop work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materials,services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the performance of
work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all claims
arising out of such termination on orders or subcontracts, the cost of which would be
compensable or reimbursable in whole or in part in accordance with this Agreement.
D. Termination Payment. After the effective date of a notice of termination for the convenience
of the County, the Contractor shall submit to the County his termination claim in the form of a final
invoice in accordance with the provisions in"Method of Payment," including costs incurred to the date
of termination, and costs incurred because of termination, which termination costs shall not exceed
10% of the total amount of proposal; provided, however, that in the event of default by the
Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any
costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the
Contractor on account of any default. Such claim must be submitted promptly, but in no event later
than thirty (30) days from the effective date of termination, unless one or 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.
E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate
the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for
default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from arty determination made by the
County under" Termination for Default or for Convenience of County;" except that if the Contractor
has failed to submit his claim within the time provided in Paragraph 4.1)., above, and has failed 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 Paragraphs 4.1).or 4.E.,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 been taken, or (2) the amount finally determined on such appeal if an appeal has been
taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination under
Paragraphs 4.1).or 4.E., he can appeal this decision in writing to the County. Such appeal must be
made within twenty (20) days of receipt in writing of 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 thirty (30) days from the date of receipt of such response the
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Contractor submits the dispute to a court of competent jurisdiction or submits a demand for
arbitration if required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. The Agreement constitutes the full and complete agreement of the parties and supersedes or
incorporates arty prior written and oral agreements of the parties. In addition, the Contractor
understands that unless the contract is for goods or services of a value less than $50,000, no County
official or employee, other than the Board of County Commissioners acting as a body at a Board
meeting, has authority to enter into a contract or to modify the terms of the Agreement on behalf of
the County. Any such contract or modification to this Agreement must be in writing and be executed
by the parties hereto.
B. With respect to change orders under the Agreement, the County and the Contractor shall
process and approve/disapprove requests for change orders as otherwise provided in this Agreement,
subject to the requirements of the Procurement Code and the Finance Office.
6. INDEMNITY
A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents
and representatives, subcontractors and suppliers), shall and hereby does release, discharge,
indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representa-
tives from and against liability for arty claim, demand, loss, damages, penalty, judgment, expenses,
costs (including costs of investigation and defense), fees (including reasonable attorney and expert
witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal
injury or property damage arising out of or in connection with any negligent act, error or omission by
the Contractor, and for any consequential liability alleged to accrue against the County on account of
the Contractor's negligent acts, errors or omissions; provided, however, that such indemnity shall not
be construed as an indemnity for bodily injury or property damage arising from the negligence of the
County or its employees.
7. INSURANCE
A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual
relationship with the County such insurance policies,from companies licensed in the State of Colorado,
as will protect itself, the County and others as specified, from claims for bodily injuries, death,
personal injury or property damage, which may arise out of or result from the Contractor's negligent
acts, errors or omissions. The following insurance coverage, at or above the limits indicated and
including such endorsements as are indicated by an' ',are required:
(1) Statutory Workers'Compensation: Colorado statutory minimums
(2)Commercial General Liability-ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000.000.00
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Comprehensive Form (AII risks)to include(place X by applicable provisions):
x Premises/Operations
Underground,Explosion d Collapse Hazard
x Products/Completed Operations
x Contractual Liability
x_ Independent Contractors and Subcontractors
Broad Form Property Damage
x Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability(each accident) $1,000.000.00
Coverage to include(place X by applicable provisions):
_x Any Auto
All Owned Autos
_ Hired Autos
Non-Owned Autos
Garage Liability
(4)Special Coverages(check as appropriate and insert amount):
(1)Performance Bond
Labor and Material
x_(2)Professional Errors and Omissions $750,000.00
_(3)Aircraft Liability
_(4)Owner's Protective
_(5)Builder's Risk amount of project
(6)Boiler and Machinery
(7)Loss of Use Insurance
_(8)Pollution Liability
_(9)Crime, including Employee Dishonesty Coverage,or
Fidelity Bond
PROOF OF INSURANCE SHOULD BE SENT TO:
Pitkin County Risk Department
C/O Kris Jewkes
530 E Main, Ste 202
Aspen CO 81611
970-920-5049 Fax
PROJECT NAME SHOULD BE IDENTIFIED
B. To provide evidence of the required insurance coverage's, copies of Certificates of Insurance in
a form acceptable to the County shall be filed with the County (through the County Representative)
no later than ten (10) calendar days prior to commencement of operations affecting the County.
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Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a
material breach of any contract and grounds for rescission or termination. These Certificates of
Insurance shall contain a provision that coverage afforded under the policies will not be canceled or
materially altered unless at least thirty (30) calendar days prior written notice by certified mail,
return receipt requested (effective upon proper mailing), has been sent to the County (through the
County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change
affecting the coverage's required herein, including a change to policy limits as set out in the then-
current policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk
Department (and promptly update, as necessary) a certified statement as to claims pending against
the required coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
C. In addition,these Certificates of Insurance shall contain the following clauses:
(1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a
Certificate,shall not apply to the County of Pitkin.
(2) The insurance companies issuing the policy or policies hereunder shall have no recourse against
the County of Pitkin for payment of any premiums or for assessments under any form of policy.
(3) Any and all deductibles in the above-described insurance policies shall be assumed by and be
for the amount of,and at the sole expense of the Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the referenced
Project is being done."
D. Certificates of Insurance for all renewal policies shall be delivered to the County's
Representative at least fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any policy
endorsement.
RISK DEPARTMENT INITIALLY SIGN OFF Date
8. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for this Agreement shall not
include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt
from such taxes under registration numbers 98-02624 and 84-78000-5K.
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8. Pursuant to state statute and to the extent permitted by law,Colorado labor shall be employed
to perform the work to the extent of not less than eighty percent (801%) of each type or class of
labor employed on such project; except for highway construction,which is subject to C.R.S.43-2-208,
which provides that all laborers shall be bona fide residents of Colorado with a preference to
residents of the County where the work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions
produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and
provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at
least equal to non-local services and labor.
9. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books, records, and documents
concerning its performance relating to this Agreement for a period of three (3) years after final
payment under the Agreement and the County shall have the right within the three(3)year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the Agreement and applicable law.
10. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom Contractor or County may assign this Agreement in
accordance with the specific written permission, any rights to claim damages or to bring any suit,
action or other proceeding against either the County or Contractor because of any breach hereof or
because of any of the terms,covenants,agreements or conditions herein contained.
11, AGREEMENT MADE IN COLORADO
The parties agree that this Agreement was made in accordance with the laws of the State of
Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County,
Colorado.
12. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. GOVERNMENTAL IMMUNITY
Contractor agrees and understands that Pitkin County is relying on and does not waive, by any
provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S., as from time to time
amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in these Required Clause or the Agreement shall be construed or interpreted to
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require or provide for indemnification of the Contractor by the County for ary injury to any person or
any property damage whatsoever which is caused by the negligence or other misconduct of the County
or its agent or employees.
14. CURRENT YEAR OBLIGATIONS
The parties acknowledge and agree that any payments provided for hereunder or requirements for
future appropriations shall constitute only currently budgeted expenditures of Pitkin County.
Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to
budget and appropriate the sums necessary to provide the services set forth herein. No provisions
of the Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year
beyond the then current fiscal year of Pitkin County. No provision of the Agreement shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This Agreement shall not directly or indirectly obligate Pitkin County to make any
payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of
this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin
County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin
County's bonds or any obligations payable from any class or source of Pitkin County's money.
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
2.4 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.4.1 The Architect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
with the award of the Contra for Construction and terminates
in the earlier of issuance to the Owner of the final Certificate for
Payment or GO days after the date of Substantial Completion of
the Work, unless extended under the terms of Subparagraph
10.2.3.
2.4.2 The Architect shall provide administration of the Con-
tract for Construction as set forth below and in the edition of
ALA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement.
2.4.3 Duties,responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor, which consent shall not be unreasonably
withheld.
2.4.4 The Architect shall be a representative of and Shall advise
and consul( with the Owner(1) during construction until final
payment to the Contractor is due ;uid (2)as an Additional Set
vice it the Owner's direction from time to time during the cor
rection period described in the Contract for Construction_
2.4.5 -file Architect shall visit the site at intervals appropriate
(o the stage of construction or as other,vise agreed by the
Owner and Architect in writing to become generally familiar
hvith the progress and quality- of the Work completed and 10
determine in general if (he Work is being performed in a man-
ner indicating that the Work h,hen completed will be in aeeor-
dance with the Contract Documents. However, the Architect
shall nor be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. On
(he basis of on-sire observations as an architect, the Architect
shall keep the Owner informed of the progress and quality of
the Work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work. (More extensive site
representation may be agreed to as an Additional Service, as
described in Paragraph, 3.2.)
2.4.6 The Architect shall not have control over or charge of
and shall not be responsible for construction means,methods,
techniques,sequences or procedures,or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in
accordance with the Contract Documents. The Architect shall
not have control over or charge of acts or omissions of the
Contractor,Subcontractors,or their agents or employees,or of
any other persons performing portions of the Work.
2.4.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
2.4.8 Based on the Architect's observations and evaluations of
the Contractor's Applications for Paymem, the Architect shall n
review and certify the amounts due the Contractor. 5/
2.4.9 The Architect's certification for payment shall constitute 1
a representation to the Owner, based on the Architect's obser. I
vations at the site as provided in Subparagraph 2.4.5 and on the
ALA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA- •01987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE,N.W.,WASHINGTON.D.C. 20006 B151-1987 2
data comprising the Contractor's Application for Payment,that they shall be paid for by the Owner as provided in this Agree-
the Work has progressed to the point indicated and that,to the ment. Such Additional Services shall include, in addition to
best of the Architect's knowledge, information and belief, those described in Paragraphs 3.2 and 3.3, budget analysis,
quality of the Work is in accordance with the Contract Docu- financial feasibility studies; planning surveys, environmental
ments. The issuance of a Certificate for Payment shall not be a studies, measured drawings of existing conditions, coordina-
representation that the Architect has (1) made exhaustive or tion of separate contractors or independent consultants, coor-
continuous on-site inspections to check the quality or quantity dination of construction or project managers, detailed Con-
of the Work,(2)reviewed construction means,methods, tech- struction Cost estimates,quantity surveys,interior design,plan-
niques, sequences or procedures,(3)reviewed copies of requi- ning of tenant or rental spaces, inventories of materials or
smons received from Subcontractors and material suppliers and equipment, preparation of record drawings,and any other ser-
other data requested by the Owner to substantiate the Contrao vices not otherwise included in this Agreement under Basic Ser-
tor's right to payment or(4)ascertained how or for what pur- vices or nor customarily furnished in accordance with generally
pose the Contractor has used money previously paid on accepted architectural practice.
account of the Contract Sum.
3.2 If more extensive representation at the site than is
2.4.10 The Architect shall have authority to reject Work which described in Subparagraph 2.4.5 is required, such additional
does not conform to the Contract Documents and will have project representation shall be provided and paid for as set
authority to require additional inspection or testing of the forth in Articles 11 and 12.
Work whenever, in the Architect's reasonable opinion, it is 3.3 As an Additional Service in connection with Change
necessary or advisable for the implementation of the intent of Orders and Construction Change Directives, the Architect shall
the Contract Documents.
prepare Drawings,Specifications and ocher documentation and
2.4.11 The Architect shall review and approve or take other data, evaluate Contractor's proposals, and provide any other
appropriate action upon Contractor's submittals such as Shop services made necessary by such Change Orders and Construe-
Drawings, Product Data and Samples, but only for the limited tion Change Directives.
purpose of checking for conformance with information given
and the design concept expressed in the Contrao Documents.
The Architect's anion shall be taken with such reasonable
prompmess as to cause no delay. The Architect's approval of a
specific item shall not indicate appro,:d of an assembly of
which the item is a component. When professional certification
of performance ch:imcienstics of materials, systems or equip
ment is required b\ the Convict DOQimenlS, the Architect
shall be cmidcd io rcly upon such cenific:uion to establish that
the n1atcf1:11S stslcnaS of equipment will meet the performance
critcni required by the Contrao Documents.
2.4.12 '1 he AfChItCO sh:dl prepare Change Orders and Con-
stntction Change Directives, with supporting documentation
and data if authorized or confirmed in writing by the Owner as
provided in Paragraphs 3.1 and 3.3, for the Owner's approval
and execution in accordance with the Contract Documents,
and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent of the Contract
Documents.
2.4.13 The Architect shall conduct inspections to determine
the dates of Substantial Completion and final completion and
shall issue a final Certificate for Payment.
2.4.14 The Architect shall interpret and decide matters con-
cerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the Owner or Contractor. The Architect's response to
such requests shall be made with reasonable promptness and
within any dme limits agreed upon. When making such inter-
pretations and initial decisions, the Architect shall endeavor to
secure faithful performance by both Owner and Contractor,
shall not show partiality to either, and shall not be liable for
results of interpretations or decisions so rendered in good faith.
ARTICLE 3
ADDITIONAL SERVICES
3.1 Additional Services shall be provided if authorized or con-
fumed in writing by the Owner or if included in Article 12,and
ALA DOCUMENT 0151 •ABBREVIATEDOWNER ARCHITE(:1 AGREEMENT-THIRD EDITION•A1A• •@1987
3 8151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE.N.W., WASHINGTON. D.C.20006
NOTICE OF AWARD
Date: A14 -/ - 6"2-
TO:
The Owner, having duly considered the Proposal submitted on March 21, 2001 for the work covered by the
Contract Document titled Aircraft Patio Shelter Parking amount of $20,500.00 and it appearing that the Price
and other information in you Proposal Form is fair,equitable and to the best interest of the Owner,the offer in
your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents,you are required to execute the Agreement and
Bonds in three copies within ten (10)consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the
requirement for insurance as stated in the Contract Documents to Ray Krebs, Asst. Director of Aviation,0223
Airport Road, Aspen CO 81611, FAX(970)920-5384.
The Bid Security submitted with your Proposal will be returned upon execution of the Agreement, furnishing of
the required N/A Bonds and Certificate of Insurance within the time limit specified. In the event that
you should fail to execute the Agreement and N/A Bond within the time limit specified, said
Security will be retained by the Owner as liquidated damages and not as a penalty for the delay and extra work
caused thereby.
PITKIN COU
By: 1-2 4���/G�
R4 Kre s, Asst. irector of Aviation
======================-===========ACCEPTANCE OF
Receipt o above Notice of Award is hereby acknowledged
By this�day of / L ,2002.
Title 4116-t
V-24
I
NOTICE TO PROCEED
DATE: April 7, 2002
TO: The Ross Partnership
60 W. Airport Road
Suite A
Aspen, CO 81611
FROM: Pitkin County
Aspen CO 81611
You are hereby authorized to proceed on May 1, 2002 within ten (10) consecutive calendar day thereafter,
with the work covered by the Contract Documents titled: Agreement for Provision of Professional
Services on the Airport Aircraft Parking Patio Shelter project for the sum of twenty thousand five
hundred dollars ($20,500.00).
Ray Krebs, Asst. Director of Aviation
11-17