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HomeMy WebLinkAboutbocc.con.058.2015COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 58.2015 ORIGINATING DEPARTMENT: Facilities PROCUREMENT OFFICER: Jodi Smith PHONE #: -9205396 PROJECT NAME: Pitkin County Projects Owner's Representative Construction Solutions, LLC DOLLAR AMOUNT: See Ammendments CONTRACT EXECUTION DATE: 3/25/2015 LINE ITEM # Various Rev. 08-30-11 jls CONTRACTOR: Integrated CONTRACT END DATE: 2/1/2016 AUTOMATIC RENEWAL: ❑ YES ® NO TERM: 1 Year ❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) . (Per Revised Procurement Code 7/2005) ® OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal ® Formal ® Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ® Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement (Resolution Required) ❑ Lease ❑ Non -Profit ❑ Construction ❑ Quasi -Public (e.g.-AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other (e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ ® No Pages Missing ✓® All Other Blanks Filled In ✓ ® If Page Left Intentionally Blank —Note on Page ✓® All Exhibits Attached ✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable) ✓ ® All Original Signatures Affixed ✓❑ Notice ofAward/Notice to Proceed Attached (if applicable) ✓ ® All Dates Filled In ✓❑ Warranty (if applicable) ✓ ❑ Special Instructions for Finance Department: ✓ ® Authorized Procurement Officer's Name: Jodi Smith BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Service Contract # 58.2014 Budget Line Item # various c CONTRACT FOR PROVISION OF SERVICES CONSULTING SERVICES Rev. 02106120121m PITKIN COUNTY PR03ECT(S) OWNER'S REPRESENTATIVE THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Integrated Construction Solutions, LLC., 453 Mediterranean Way, Grand Junction, Colorado 81507- (970) 261-6360 (hereinafter "Contractor"). 1. Term. The tern of this contract is from February 1, 2015 — February 1, 2016. At the expiration of the initial term, the contract may be extended for an additional tern of four (4) 1 -year terms by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall provide Owner's Representation services for projects as defined in the attached Scope of work Amendments. 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the attached Amendments. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the annual amount specified in each Amendment as approved by Pitkin County. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 4. County's Exclusive Ownership of Work Product. Upon the receipt of progress payments as outlined in paragraph 3, all drawings, specifications, guidelines and other documents prepared by Contractor and Subcontractors in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials 1 Service Contract # 58.2014 Budget Line Item # various Rev. 02/06/20121m produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. Contractor shall ensure that all subcontracts and subcontractors are aware of, and agree to, the same ownership of work product agreement within this contract. 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Jodi Smith, Facilities Superintendent will manage the project as the County's Representative. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished electronic drawing files (CAD files), documents, data, studies and reports prepared by the Contractor and/or Subcontractor(s) pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Independent Contractor status. A. The parties to this contract intend that the relationship between them contemplated by the contract 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 contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided thatthe basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standards of care, skill and diligence in the performance of Contractor's obligations under this contract. 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 contract. 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. 8. Assignability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 9. Bindin Arbitration. Any disputes arising out of this contract shall be subject to binding K Service Contract # 58.2014 Budget Line Item # various Rev. 02106120/11m arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 11. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, 3 Service Contract # 58.2014 Budget Line Item # various representatives, employees or subcontractors. Rev. 02106120121m The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The contractor's insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. 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. Any and all deductibles or self-insured retentions in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. Location of Contractor's operations shall be all operations and locations at which work for the referenced Project is being done. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Coverage I4(Emple3`er.,1✓iabili ) $ 500,, 4 ICS has no employees and therefore is not obligated to carry Worker's Compensation Insurance. 2. Commercial General Liability — ISO 1 CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 El Service Contract # 58.2014 Rev. 02106120121m Budget Line Item # various Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations." 3. Auto Liability: Bodily injury and property damage for any owned, hired, and non - owned vehicles used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 4. , Special Coverages (check as appropriate and insert amount): ❑ (1) Performance Bond $ ❑ Labor and Material $ ❑ Payment Bond $ ® (2) Professional Errors and Omissions $1.000,000 limit ❑ (3) Aircraft Liability ❑ (4) Owner's Protective ❑ (5) Builder's Risk ❑ (6) Boiler and Machinery ❑ (7) Loss of Use Insurance ❑ (8) Pollution Liability ❑ (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to (County Representative's Name & Address). If the insurance Service Contract # 58.2014 Budget Line Item # various Rev. 02106120111m carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. 2. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer 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. 3. 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 contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 14. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract 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. 15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract 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 contract and applicable law. 16. Contract Made in Colorado. The parties agree that this contract 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. 17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 18. Governmental Immunitv. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, e! 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 this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any 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. 19. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted C Service Contract # 58.2014 Budget Line Item # various Rev. 01/06/10/I1m expenditures of Pitkin County. Pitkin County's obligations under this contract 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 contract 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 contract 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 contract 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 contract 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 contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 20. Notice. Any written notice required by this contract shall be deemed delivered through 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: To: Pitkin County Jodi Smith, Facilities 530 E. Main Street 3rd Floor Aspen, Colorado 81611 Fax: (970) 920-5198 with conies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 To: Contractor Integrated Construction Solutions, LLC 453 Mediterranean Way Grand Junction, CO 81507 Fax 866-615-5015 21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as amended. A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor shall not 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 the public contract for services. C. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E -Verify Program or the Department Program. 7 Service Contract # 58.2014 Budget Line Item # various Rev. 01/06/10111m D. Contractor shall use either the E -Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. E. Should Contractor obtain actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: 1. Notify the subcontractor and the County within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; 2. Terminate the subcontract with the subcontractor if within three days of receiving the required notice 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 the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; F. Contractor shall comply with any reasonable request by the department made in the course of an investigation that the department is undertaking pursuant to C.R.S. 8-17.5- 102(5). IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: PITKIN COUNTY, COLORADO: Integrated Construction Solutions, LLC 453 Mediterranean Jodi S kith, Facilities Superintendent Date David Detwiler Date President By: Phylis M e, Assistant County Manager Date By: ,3b,i/J— Jon Peac6ek, County Manager Date 9 Inl(F(a�eU r�,11\I(U( �n MilUlLTr ellp Iw.=nr • r.mniWi ".�I ni n�upmnn = _ Contract Amendment A New Aspen Ambulance Facility 2/01/15 Based on our understanding of your needs, the following outlines our estimation of the scope of work required of the Construction Manager/Owner's Representative. This is our anticipated scope based on similar projects and is obviously open for review and further discussion. The final scope will be determined by the Owner. ICS will provide the following services: PROJECT DESCRIPTION • New Aspen Ambulance Facility — location TBD. Project budget is set at $5 million per the approved funding. SCOPE • All the services and scope items listed below will be provided as needed as only as directed by the Facilities Director. GENERALITEMS • To represent the interests of Pitkin County and the Ambulance District in all dealings with the Design Team, Construction Team and other interested parties. • Attend meetings with the Pitkin County and the Ambulance District, Design Team, Construction Team, and other interested parties to ensure the project meets the needs and desires of the Pitkin County and the Ambulance District. • To assist with the Flow of information to provide timely response for all issues that arise to ensure the project is completed on time and within budget • Construction Manager will not have the authority to sign contracts or purchase orders, approve change orders to the contract, authorize payments, or approve changes to the schedule. The Construction Manager shall however review all such items and provide his recommendation for approval or denial of same to the person having such authority. DESIGN AND CONSTRUCTION TEAM SELECTION • Review of proposed design of basic requirements and options including time frame, financing, functional needs, site and design. • Assist Pitkin County and the Ambulance District in writing and issuing RFQ/RFP for design and construction services. • Review proposals and provide an evaluation or each team's strengths and weaknesses, qualifications, costs, or other factors determined to be appropriate for review. • Coordinate interview process with Design and Construction Teams: • Facilitate final Design and Construction Team selection. • Work with Pitkin County and the Ambulance District to finalize Contract Agreement with Design and Construction Teams or other firms they may enter into agreements with. SCHEMATIC DESIGN PHASE • Review of proposed design of basic requirements and options including time frame, financing, functional needs, site and design. • Review of Design and Construction Team's schedules for compliance with the Pitkin County and the Ambulance District's needs. • Review of initial cost estimate for compliance with Pitkin County and the Ambulance District's budget. • Value engineering and programmatic recommendations. • Review and comment on proposed design guidelines • Assist with obtaining all approvals from authorities having jurisdiction. • Preparation of overall project budget tracking format. Pg. 1 Aspen Ambulance Facility Contract Amendment A New Aspen Ambulance Facility 2/01/15 DESIGN DEVELOPMENT PHASE • Review and comment on proposed plans and outline specifications from Design Team for compliance with Pitkin County and the Ambulance District's design guidelines and Design Team's contract. • Review and comment of current proposed schedule from Construction Team • Review and comment of current proposed estimate from Construction Team • Update of Owner's budget CONSTRUCTION DOCUMENT PHASE • Review and comment on proposed plans and outline specifications from Design Team for compliance with Pitkin County and the Ambulance District's design guidelines and Design Team's contract. • Review and comment of current proposed schedule from Construction Team. • Review and comment of current proposed estimate from Construction Team • Update of Owner's budget • Assistance with subcontractor solicitation and generating bidder interest. BIDDING PHASE • If the project cost is established prior to this bidding phase, then ICS services listed below will not be required. • Assist the Construction Team with establishing a bidding process that provides open opportunities for all bidders wishing to participate with special emphasis on soliciting local companies. • Evaluation of acceptability of substitutions and alternates to specified items. • Review and comment of current proposed schedule from Construction Team. • Review and comment of current proposed estimate from Construction Team • Update of Owner's budget CONSTRUCTION PHASE • Schedule and administer project pre -construction meeting. • Assist with timely submission of submittals and shop drawings for approval. • Review and approve contractors proposed work progress schedule. • Periodic site visits as required and agreed to observe the quality and acceptability of work. ICS is not providing inspection services and any observation reporting done by ICS is not to be considered in any way as confirming or denying that the work observed is or is not in compliance with the plans and specifications for the project. • Attendance and observation of key components of construction such as sub grade compaction, foundations, masonry, roofing, underground plumbing and electric, etc. • Conduct regular jobsite project meetings with County, Ambulance , Design and Construction Teams to ensure progress of the project. • Generate and distribute monthly status reports depicting job progress. • Complete project cost accounting including: Review and approve monthly requisitions for payment for approval by Pitkin County and the Ambulance District; review change orders for approval by Pitkin County and the Ambulance District; regular monitoring and forecasting of overall project budget and expenditures. This project accounting is done solely for the convenience of the County and is not intended as a replacement for the County's Accounting System nor is it intended to supersede the County's Accounting system. • Assist in the arrangement of required inspection(s) by regulatory agencies. pg. 2 Aspen Ambulance Facility InleCenled l mwucrinn \i.lulwn, Contract Amendment A New Aspen Ambulance Facility 2/01/15 • Assist in procuring the timely submission of "as -built" drawings. • Assist in the preparation of the final punchlist for correction by contractors. • Assist Pitkin County and the Ambulance District in completing a certified a cost audit upon completion of project, if necessary. ICS will not perform the audit as we are not a CPA Firm, but rather we will assist the County in answering any questions raised in the audit. • Assist with the coordination between Pitkin County and the Ambulance District's "other" vendors and contractors (i.e. FF&E, Signage, etc) to ensure all work is completed. • Assist the team in the preparation and delivery to owner two volumes of approval submittal and shop drawing data. • Assist with the Construction Team's compliance with closeout procedures and receipt of closeout documentation including electronic as-builts. • Retain on disk entire project files for future reference as necessary. • Conduct eleventh month walk-through/inspection prior to termination of one year guarantee. Term The term of this contract is from Feb I, 2015 — Feb I, 2016 with renewal as agreed to by both parties. Fee Proposal The scope of work, and therefore our fee, is based on our understanding of the project as outlined above. If you have different expectations or desires please let us know and we will be glad to establish a scope and fee that meets your needs. I. We will perform the duties as an independent contractor at the rates indicated in the following rates schedule. These rates include all home office expenses, business insurance, health and retirement benefits, cell phones, travel (within a 20 mile radius of our office), etc. Bi -weekly reports would be provided indicating all hours spent on the project and the work accomplished. Invoices would be submitted monthly. Payment would be expected within ten (10) days of receipt of the invoice. The only reimbursable expenses would be items like plan reproductions, postage, etc. These would be billed at cost plus 15%. HOURLY RATE SCHEDULE AND REIMBURSABLE EXPENSES Staff Billing Rates: David Detwiler - President I $100.00/hour Reimbursable Direct Expenses: Blueprints/Plots Cost of prints plus 15% Photocopies - B&W or Color Cost of prints plus 15% Mileage Most current IRS approved rate — Current) $0.585/mile Mail / Fedex / Other Shipping Cost of sending plus 15% Travel Expense Cost of travel ticket, cab, etc. plus 15% Motel / Meals Cost of services plus 15% Please note that for contracts with a lump sum fee amount, these rates will only apply on additional work authorized by the Owner for which they desire an hourly fee. pg. 3 Aspen Ambulance Facility b o• / {> 3 - e Ko o 0 CD () k ƒ / 0m> 2 « 2 ( k _ ) CD 0 k q 90; f CD CD ƒ � • ., . __¥1- 0 mm2 =moo .. . 7 Sg}\e/a Eat ° a) JD \\\)(`\MDQ) CD 000 / 2� ° \e±`�0 \[e j \ \}O2�®°a2\\®3 �)\/ 7 ƒ� /¥],$}+`7© ?,: ƒa=e n 2;))m/}&» t= 10 \2 {! \;E /}\ ) \ [2*\ 7 w $ 7 ) ( tDCDCL -(\( - CCD $ 2 \ E\(\ -to W—a-0 _(5;J 2 _ £ e■ R;| » !! \\\-=}\CD }\}\ \\\ \ J \ ,, ®_= CD $;4 eeƒ E§» « 0 CD = & \\ ) }( 0 91 }}«! - CD - §(° I9 f0 A 11 / . 07+ &.; m @ ): «. @ @q @ 7 ƒ' D 2 2 2 ) k 2 0 0 _ \ d 0 CD CD ( ( 9 - � \ \ \ n \ CD CD - CD \ 0 CD -=D CM m;Rez=*n!e¥e§:R;G0 —,w t§s\\�}(\\§�7)tf3¥%\(Z;]&a 0.\0c - - ° - ;<Eg=m;]sg ;ES»q _ MEQ \mc a) [§7®ƒ}k0m$(D0 < \ - _ CD \}30 0U;-}\(®}( }-`��\�}]e\(/ CD }\L,m5o-\B27w CD 2CDCD 7 -0 0 CD �&&E&0MCDCD 2 z k((f\}}\}D t/t; 0 \�°§\\2kƒ3k/!! 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D) N O CD N N =4 V V Cl) V V V V V, CO) V cn VI VI CO) "3 a m W� �7 9 \ � ) M. m / \ w ] w # �■9 \ q @ o # _ ] ƒ � ) \ ( J � \ ( 6 ; 7 ; > g ; , J ( _ /${ } _ \ } ( / . => em 7ry )\ -/a&C.] 0e=Eo&;\ (=5Eek]a 0 CD !C£&7{& CD @D \�( }\ ID - CD CD W CDD 0 _ ;j��z \ ;- J » ° »+® Z5 0 \}}\) } sEr 0 CD 3 0 cc 4 CD 0 CD 0 .CD §E, , CD() ƒ}0 \ R 5 ¥ ®° D// _ \ \ \ 0E @ @ @q @ a --j N y T s ' O S Y _ - � N dO D v b a fD 5 -j D w Q C7 0 F D N �• O N S tlQ _4' N O G lD (D "% 3 •p N (SD O �• G d y 's S O '� '6 O N C y °c w -°n O G C ro C 0 O N < •O <� X O C O C Q C r0+ � m m rn w n G 4 O G z fD C G N G Q N M N Q 1 oil M N y T s 'C Z 0 O C Y _ - Contract #58.2015 Rev 8.25.11 jao Budget Line Item # 115.34.92834.82000 // 166.63.92863.86200 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: 02/13/2015 FROM: Jodi Smith, Facilities Superintendent Proposed Contractor: Integrated Construction Solutions. LLC (ICS) Product/Seryice: Owner's Representative Consulting Services Estimated annual expenditure for the above service shall not exceed the funding approved by contract amendment for additional services per project. Per the Pitkin County Procurement Code which states "A determination by the County Manager after investigating the prevailing market for the relevant Goods, Services, or Construction that re -bidding the contract would result in higher costs or lower returns to the County than those enjoyed under the existing contract. Any decision to extend a contract under this subsection (2) shall document the circumstancesjustitying the extension, and such documentation shall be treated as a public record pursuant to the Colorado Open Records Act," it is in the County's best interest to hire Integrated Construction Services, LLC to act as the owner's representative on behalf of the county as listed below:. Sole Source rationale: 1. X In October of 2013 the County completed the procurement process for an owner's representative for the Library Expansion project. ICS participated in that procurement process and was the lowest bidder. Mr. Detwiler was hired by the Facilities Department as a temporary Pitkin County employee, acting as the owner's representative for the SheritTand Admin building planning and construction. As described above, the County considered the Library procurement process, experience and knowledge that ICS and Mr. Detwiler provide are a benefit to the County. 2. X The work being done by Mr. David Detwiler for the Pitkin County Master Plan touches many aspects and functions over various departments and requires a sole source owner's representative for oversight of projects, coordination and therefore ultimate money savings. Dwner's Representative Services may include but are not limited to • GENERALSERVICES • DESIGN DEVELOPMENTPIIASE • DESIGN AND CONSTRUCTION TEAM • CONSTRUCTION DOCUMENT PHASE SELECTION • BIDDING PHASE • SCHEMATIC DESIGN PHASE • CONSTRUCTION PHASE The undersigned requests that Pitkin County waive other procurement requirements ana recognize tins transaction as a sole source exception to the Pitkin County Procurement Code. Jodi Smith, Facilities Superintendent Date Phylis Mattice, Assistant County Manager Date / Circle one Atrpr4D-Ved� Denied Jon Peacock, Cbuttly Manager Date Reason for Denial: Contract #58.2015 Budget Line Item # 115.34.92834.82000 // 166.63.92863.86200 Rev 8.25.11 joa Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. tiry CERTIFICATE OF INSURANCE "A This certrfiesithat{ql,h'0,STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois , -.,[]'STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois 2158 i 4f EY -STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario 1' `r; [).'STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida '. ❑ESTATE FARM LLOYDS, Dallas, Texas insures the fohowinft policyholder for the 6o4erages indicated below, Nerne of polidyholder`� INTEGRATED CONSTRUCTION SOLVTIONS LLC i♦' Address; of policyholder 453 MEDITERRANEAN WAY, GRAND JUNCTION, CO 81507 _ Location of eper'&ons +� Description of operations ,.. conzultant The policies listed t�low,have� been Issued'to the policyholder for the policy periods shown. The Insurance described in these policies is %': subject to all the tern s°exclusibns, and conditions of thnse nnlirdes Thr sr„ t� .,f I,�han, x a - POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date j Expiration Date (at beginning of policy period) 4 r =' • �Comprehensive 6001LYINJURYAND 96.--62 x617 2 - -'- -- This 6usiness Liability 09/30/2014 09/30/2015 - —' -- '- PROPERTY DAMAGE insurancepindudes ( fE,Products Completed Operationso ; �3i.® n Contractual Liability ;( •I r , ;j®:Underground Hazard Coverage Each Occurrence $5,000 "000 EI -Personal Injury - -J r •,.. ❑`Advertising Injury General Aggregate $10,000,000 " rr. „ �❑"Explosion Hazard Coverage - y v ; :• ❑FCollepse Hazard Coverage Products =Completed $10 000;'000 In U SA:1i j (] 3 t Operations Aggregate .. _.1,._ +i�' + 7 "' EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE I.. Effective Date Expiration pate (Combined Single Limit) - 'i' T { ;'O;Umbrella Each Occurrence$. ! `r .� Other Aggregate $, 1*ii i Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ iaa`', Disease Each Employee 3 Disease - Policy Limit LIMITS OF LIABILITY TYPE OF INSURANCE POLICY PERIOD s y7 POLICY NUMBER Effective Date Expiration Dateat beginning eq g of policy y period) 238 2007. DIO-06U11W e ,"_automobile 10,110/2014 10/10/2015 lilt:/1NR9/1M ry ih F THE CERTIFICATE OF'INSURANCe Is NCIT a AMENDS; EXTENI also listed as r . .:V. Pitkin County Jodi Smith .Fa 530 E Main -St 3' F2oor Aspen Co 8i61 fax 970 920-51 z 588-9e40 3 0d,1 goo Pr I •14r ^FF11NIVIHrIVELT NUKNtGAIIVLLY OR,ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. idits nal insured If any of the described policies are canceled before .-; •'^--'" its expiration date, State Farm will try to mail'a written; vame 2nd Address of Certificate Holder .- notice to the certificate holder 30 days before cancellation. If however, we fail to Mail + 5" y�? such notice, no obligation or liability will. be imposed ' ' stiesr�t` on State Far r its agents or representatives. ;( •I Slgnarure of Authorizedo6presentative r ' P Sheri Kin - 9 09 /09/2015 Tela ... - Date ., .. Agent's Code Stamp ` 4' 4 t i;• �f __ , AFO Code F632 In U SA:1i av9 _.1,._ i+ Contract 458.2015 Budget Line Item#115.34.92834.82000 pCOUNT Th AgN COLI N T'� CIIII�Icv Workers' Compensation Waiver Corporations 9/27/11 kjArn I, David W Detwiler , in my capacity as _ President (title) of Integrated Construction Solutions, LLC (corporation name) represent that Integrated Construction Solutions, LLC (corporation name) has no person or persons in its employ and that each stockholder of Integrated Construction Solutions, LLC (corporation name) owns at least 10% of Integrated Construction Solutions, LLC s (corporation name) stock, but that Integrated Construction Solutions. LLC (corporation name) shall obtain and maintain workers' compensation protection pursuant to those insurance requirements as set forth in the Workers' Compensation Act of Colorado (Articles 40 to 54 of Title 8 of the Colorado Revised Statutes) for any and all persons as it may employ in performing any work in the future. Integrated Construction Solutions, LLC (corporation name) shall also require any subcontractor it may contract with or obtain for any work to maintain workers' compensation protection for its employees. t _ Contractor Signature Date David Detwiler Print Name