HomeMy WebLinkAboutbocc.con.099.2015Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: bocc.con.99.2015
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Jodi Smith PHONE #: 9705285392
PROJECT NAME: Architecture and Design for Sheriff and Admin Bldgs CONTRACTOR:
Architecture and Planning
DOLLAR AMOUNT: $898,255.00 LINE ITEM # 110.18.92818.86261
CONTRACT EXECUTION DATE: 4/15/2015 CONTRACT END DATE: 5/15/2016
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:
POSS
❑ 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
✓ ® If Page Left Intentionally Blank —Note on Page
✓ ® Page numbered consecutively
✓ ® All Original Signatures Affixed
✓ ® All Dates Filled In
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name:
✓® All Other Blanks Filled In
✓® All Exhibits Attached
V All Legal Descriptions attached (if applicable)
✓❑ Notice of Award/Notice to Proceed Attached (if applicab,
✓❑ Warranty (if applicable)
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!
Contract N: bocccon.992015
JITKIN
COUNT_�
CONTRACT FOR PROVISION OF SERVICES
ARCHITECTURE AND DESIGN SERVICES FOR SHERIFF AND ADMINISTRATION
FACILITIES
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and POSS ARCHITECTURE AND PLANNING, 606E MAIN STREET
ASPEN, COLORADO 81611 (hereinafter "Architect"). 5U(,
Term. The term of this contract is from April 15, 2015 to May 15, 2016. At the expiration of
the initial term, the contract may be extended for an additional term of 6 months by the express
written consent of both parties.
2. Architect's Obligations. Architect shall provide architectural design services, construction
documentation, bidding and negotiating of the construction contract and construction
administration for the Pitkin County Sheriff and Administration Facilities. The work shall be
completed in the six phases described below and further defined but not limited to the scope
outlined in Schedule A, Scope of Work.
For all work, Architect shall provide to County a project team consisting of approved
Subcontractors defined in Schedule A, Scope of Work.
Project Phase
Duration
Fee
Phase 1: Programming
6 weeks
$60,255
Phase 2: Schematic Design and Approvals
12 weeks
$136,960
Phase 3: Design Development
12 weeks
$241,941
Phase 4: Construction Documents
32 weeks
$184,904
Phase 5: Bidding and Negotiation
8 weeks
$13,459
Phase 6: Construction Administration
54 weeks
$210,736
Estimated Not To Exceed Reimbursable Expenses
$50,000
A. Team. Architect shall provide the dedicated team as identified in Schedule A Scope of
Work. Notification of changes to the team shall be communicated to County Representative,
Dave Detwiler for approvals five (5) business days before proposed change.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Architect for its services in accordance with the Project Budget and Schedule referenced in Paragraph
2. It is expressly understood and agreed that in no event will the total compensation and reimbursement
to be paid hereunder exceed the sum of eight hundred ninety-eight thousand two hundred fifty-five
dollars and zero cents ( $898,255) for all services rendered. By contract or amendment, the County
and Architect may reallocate the budget among project tasks if the total budget amount remains
unchanged. Architect shall invoice for the project monthly based on percentage complete, with
payment expected within thirty (30) days of invoice, but any payment by the County may be offset
by any amount the Architect owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Architect in connection with this contract shall be the property of the
County. However, Architect shall have the right to utilize such documents in the course of its
marketing, professional presentations, and for other business purposes. Architect 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. Architect shall have right to use
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. County's Obligations. County shall administer this contract through a County Representative.
Dave Detwiler will manage the project as the County's Representative. In the event that Dave
Detwiler is not available, Jodi Smith, shall assume the County Representative's duties. The services
provided and products delivered by the Architect under this contract will be subject to review by the
County's Representatives, or a designee, for compliance with Architect'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 Architect 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 documents, data, studies
and reports prepared by the Architect pursuant to this contract shall become the County's property.
Architect 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, Architect 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 Architect.
7. Independent Architect status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent Architect. Architect, and any agent, employee, or servant
of Architect shall not be deemed to be an employee, agent, or servant of County.
B. Architect is not required to offer his services exclusively to County under this contract.
Architect may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract
are submitted in the manner and on the schedule defined under this contract.
C. Architect warrants that all work produced will conform to all applicable industry
standards of care, skill and diligence in the performance of Architect's obligations under this
contract.
D. Architect shall not attempt to oversee or supervise the work or actions of any County
employee, servant or agent in the course of completing work under this contract.
E. Architect is not entitled to any Workers' Compensation benefits through 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 Architect for performance of this contract must be accepted in writing by the County.
9. Bindinlz Arbitration. Any disputes arising out of this contract shall be subject to binding
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 County Hearing
Officer appointed to arbitrate County contract disputes and approved by the Architect, which
approval shall not be unreasonably withheld. 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
Architect 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
Architect.
B. Architect to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Architect's compensation, which are mutually agreed upon
between the County and the Architect, shall be in writing and upon execution shall become
part of this contract.
12. Indemnity.
A. For any claim alleging Architect's negligent performance of professional services, the
Architect agrees to indemnify and hold harmless 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 litigation, actions, loss, damage, expense, cost or
claims of any character or any nature (including reasonable attorney's fees recoverable under
applicable law) arising out of the professional services performed 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 Architect to conform to any statutes,
ordinances, regulation, law or court decree. It is agreed that the Architect 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 Architect 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 Architect for the County.
Architect's obligations regarding County's defense under this Agreement shall be limited solely to
the reimbursement of County's reasonable defense costs incurred in proportion to the extent actually
caused by the negligence of Architect.
B. The Architect 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. Architect 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 Architect, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract. The Architect'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
County 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 Architect. Location of Architect'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
Architect from liabilities that might arise out of the performance of the work under this Contract by
the Architect, its agents, representatives, employees, or subArchitects. The Architect shall assess its
own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages.
The Architect 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: Architect 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.
Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor is
exempt under Colorado Workers' Compensation Act., AND when such
contractor or subcontractor executes the appropriate sole proprietor waiver
form.
Minimum Limits:
Coverage A (Workers' Compensation) $ Statutory
Coverage B (Employers Liability) $ 500,000
2. Commercial General Liability — ISO ICG 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
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—County's, Lessees or Contractors Endorsement, ISO
Form 2010 (2004 Edition or equivalent)
• Additional Insured—County's, 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
Special Coverages (check as appropriate and insert amount):
❑ (1) Performance Bond $
❑ Labor and Material $
❑ Payment Bond $
® (2) Professional Errors and Omissions $1,000,000 per claim and $1,000,000
❑ aggregate.
❑ (3) Aircraft Liability
❑ (4) County'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
carrier will not provide the required notice, the Architect 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 Architect 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 exphing on the expiration date of this contract or thereafter.
4. The County reserves the tight 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. County
is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
15. Records. The Architect 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 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 patty shall be
entitled to its costs and reasonable attorney's fees
18. Governmental Immunity. Architect agrees and understands that 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, el seq., C.R.S., as from time to time amended,
or otherwise available to 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 Architect 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
expenditures of County. County's obligations under this contract are subject to 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 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
County within the meaning of any constitutional or statutory debt limitation. This contract shall not
directly or indirectly obligate County to make any payments beyond those appropriated for
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 County's moneys, nor shall any provision of this contract restrict the
future issuance of County's bonds or any obligations payable from any class or source of 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: County
with coves to:
Jodi Smith
County Attorney's Office
485 Rio Grande Place
530 E. Main Street, #302
Unit 101
Aspen, Colorado 81611
Aspen, Colorado 81611
Fax: (970)920-5198
Tel: (970)920-5396
Fax: (970) 920-5198
B. To: Architect
Poss Architecture and Planning
605 E. Main Street
Aspen, CO 81611
Phone: (970)925-4755
Fax: (970)920-3889
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. Architect shall not knowingly employ or contract with an illegal alien to perform work
under the public contract for services.
B. Architect shall not enter into a contract with a subcontractor that fails to certify to the
Architect that the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under the public contract for services.
C. Architect 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 of Labor and Employment Program
("Department Program").
D. Architect 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 Architect obtain actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal
alien, Architect shall be required to:
1. Notify the subcontractor and the County within three days that the Architect 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 Architect 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. Architect 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.
ARCHITECT:
By: to fo I
Date
COUNTY, COLORADO:
M
i'-AL.rU, %-to.,J
Jon Pe cock, County Manager Date
-e -D
Jodi Smit l aciIities perintendent Date
IF A NON- STANDARD/ADDITIONAL LANGUAGE ADDED:
John Ely, Co Attorn Date
SCHEDULE A
SCOPE OF WORK
The work consists of the renovation of approximately 17,500 square feet, the addition of approximately
18,000-22,000 square feet of the County Sheriff and County Administrative Buildings as well as
subgrade parking which is to be determined.
1. General Architectural and Engineering Services
1.1. Architect and a consulting engineering team will provide professional services including:
architecture, building interior, structural, mechanical, plumbing and electrical engineering. In
addition, Architect will coordinate the services of the Arch itectural/Engineering (AE) Team
and the other consultants (geotechnical and others) employed directly by the County.
Architect's services include all customary work from sub -consultants for complete systems per
the program requirements outlined above for civil, structural, mechanical, plumbing, and
electrical design.
1.2. Architect will provide design, documentation, coordination, and construction contract
administration services associated with the requirements based on the above project
description.
1.3. Architectural and Engineering Services include:
1.3.1.
Program verification
1.3.2.
Civil Engineering
1.3.3.
Architectural design
1.3.4.
Structural engineering
1.3.5.
Mechanical, Electrical and Plumbing engineering
1.3.6.
Data and security design support Specifications
1.3.7. Interior design
1.3.8. Services for the development of signage or graphic design of identity programs
2. Exclusions
2.1. The following services are excluded from Architect's scope of services and are to be provided
by the County as needed:
2.1.1. Geotechnical engineering (soils)
2.1.2. Surveying
2.1.3. Traffic engineering required for planning approvals
2.1.4. Planning submission; design, documentation and approvals to be achieved by the Civil
and Landscape Consultants.
2.1.5. Post -Construction Services
2.1.6. Environmental engineering
2.1.7. City process facilitator
2.1.8. Economic analysis
2.1.9. Hazardous materials services
2.1.10. Materials testing and observation
2.1.11. Graphic design except for building identification signage and interior signage
2.1.12. Presentation and/or preparation of models, marketing materials and professional
renderings
2.1.13. Legal counsel
2.1.14. LEED certification
3. Architect's responsibility for County's Consultants
3.1. Architect and its Consultants will exercise reasonable and professional efforts to achieve
appropriate coordination of the plans and specifications issued by them for the Project. The
Architect's responsibility for coordination of consultants retained for County shall be limited
to incorporation of the information, data, recommendations and deliverables supplied to the
Architect by the County or by such consultants hired by the County into the architectural
design drawings and related specifications so as to minimize the physical and observable
conflicts, ambiguities, and inconsistencies that Architect observes or becomes aware of in
accordance with prevailing architectural professional practice standards. The Architect shall
be entitled to rely upon the information supplied to it by the County and the County's
consultants and to assume that for all purposes such information is technically accurate,
professionally competent, and appropriate for incorporation into the design of the Project.
4. Meetings
4.1. The Architect will participate in weekly design team meetings during Schematic Design,
Design Development and Construction Document phases. These meetings include the County
representatives, County department heads, the Architect, and the AE Team. The Architect may
use video conferencing to participate in no more than 25% of these meetings. During
Construction Contract Administration ("CCA") the Architect will participate in OAC (County,
architect, and Architect) meetings every week at the job site for the duration of construction
(54 weeks). Other design consultants are expected to attend meetings and perform
observations as required to meet their obligations to the Project. Meeting attendance will also
be required for any Planning Department and permitting requirements.
5. Project Budget
5.1. The Architect acknowledges that the Project Budget established by County for construction of
the Project is of cardinal importance, and Architect agrees to cooperate fully with County in
the design and construction to keep within County's fiscal limitations.
5.2. It is recognized that neither Architect, nor County has control over the cost of labor, materials
or equipment, over the Contractor's methods of determining bid prices, or over competitive
bidding, market, or negotiating conditions. Accordingly, Architect cannot and does not warrant
or represent that bids or negotiated prices will not vary from the Project Budget, however,
except for waiving any rights to claim breaches of warranty or misrepresentation, nothing
contained in this Article 5 shall otherwise relieve Architect from the responsibility of
providing the services required to keep the Project within the Project Budget.
5.3. If the Project Budget is exceeded or projected to be exceeded by the total of the lowest figures
from bona fide bids or negotiated proposals, or Architect's estimate of Construction Cost;
County shall, in its sole discretion: (1) give written approval for an increase in the Project
Budget; (2) authorize rebidding or renegotiation of the Project or portions of the Project within
a reasonable time; (3) if the Project is abandoned, terminate same; or (4) cooperate in revising
the Project scope and quality as required to reduce the Construction Cost.
5.4. In the case of clause (4) in the preceding paragraph, Architect shall, as an additional service at
Architect's hourly rates, County, modify the drawings and specifications for any or all of the
items in the Bid Package(s) and/or any other appropriate items as may be necessary to keep the
cost of the Project within the Project Budget, unless such increase has been caused by an
increase in the Project requested by County.
6. Qualifications and Consulting Engineers
6.1. The Architect may cause portions of the Basic Services hereunder to be performed by other
engineers or consultants retained by Architect and approved by County.
6.2. The services to be provided pursuant to the Documents shall be performed by architects or by
engineers and/or consultants licensed or registered by the State of Colorado as required by law.
If engineering and consulting services are to be performed by professionals in Architect's
employ, then the services must currently be, and have been for at least two (2) years
previously, regularly a service of Architect's organization.
6.3. In the event Architect does not have as part of its regular staff and services certain professional
engineers and consultants such as but not limited to, geotechnical, structural, mechanical,
electrical, etc., then such consulting services shall be performed by out -of -house practicing
professional engineers and/or consultants approved by County. Specific list of services is in
Exhibit B attached hereto.
6.4. All Architects, and Architect's professional engineers and/or consultants, staff, and their lead
personnel designated for this Project, shall be retained for the duration of the Project,
excepting (1) termination of employment by such employee, or (2) termination of employment
or for other good cause by Architect which shall be subject to County's approval, which
approval shall not be unreasonably withheld. Any replacements must have prior approval by
County upon resubmission in writing.
6.5. Prior to designating a professional to perform any of these services, Architect shall submit to
County the names of each proposed architect, engineer or consultant; its proposed lead
personnel to be assigned to the Project; a description of the scope of service to be performed
by such architect, engineer or consultant; a maximum two page resume of training and
experience in work of like character and magnitude of the Project being contemplated;
together with such other information as County may reasonably request, for approval in
writing. The Architect shall also submit to County for review either copies of its engineer's or
consultant's errors and omissions insurance policy or certificate of insurance reflecting such
coverage. The engagement of Architect pursuant to this Agreement shall not constitute
automatic approval of Architect's contemplated engineers and other consultants.
6.6. Upon County's approval of the various engineers and/or consultants, Architect, at its sole cost
and expense, shall formally retain the services of such engineers and consultants, it being
expressly agreed by the parties hereto that at all times such engineers and consultants shall be
deemed engaged by Architect and not by County.
6.7. All engineers and consultants engaged by Architect shall be deemed independent contractors
with Architect having the authority to control and direct the performance and details of their
work, and the same shall not be considered employees of County. In furtherance of the
foregoing, and not in limitation thereof, Architect, its engineers and consultants shall have no
authority to enter into any contracts or other agreements without, in each instance, having
obtained the prior written authorization of County.
6.8. The services of any architects, engineers or consultants or their lead representatives, shall not
be terminated, nor shall the scope of their responsibilities be modified, except with the prior
written consent of County, unless the same prove to be reasonably unsatisfactory to Architect
or any designated individual ceases to be in their employ. Any replacements must have prior
written approval of County upon resubmission in writing.
6.9. The Architect shall administer the performance of all services provided by its engineers and
other consultants to the end that the Project may be completed with good business
administration in an expeditious and economical manner, consistent with the interests of
County.
6.10. No engineer or consultant shall be engaged or perform work on the Project wherein a conflict
of interest exists, such as being connected with the sale or promotion of equipment or
material which may be used on the Project; provided, however, that in unusual circumstances
and with full disclosure to County of such interest, County may permit a waiver, in writing, in
respect to the particular engineer or consultant.
6.11. All of Architect's approved lead representatives and consultants will be set forth on the List of
Consultants which will become a Contract Exhibit and attached thereto and made a part
thereof.
7. Building Codes
7.1. The Architect shall make certain that to the best of its knowledge, information, and belief, the
drawings and specifications prepared by Architect are in full compliance with all applicable
codes, regulations, laws, and ordinances, including but not limited to those specifically
enumerated in this paragraph, together with all technical and administrative provisions thereof.
Such drawings and specifications shall (if applicable) conform to:
7.1.1. Latest version of the International Building Code as adopted by the Pitkin County or
City of Aspen Building Dept as of the date of this contract
7.1.2. Latest version of the International Fuel Gas Code as adopted by the Pitkin County or
City of Aspen Building Dept as of the date of this contract
7.1.3. Latest version of the International Plumbing Code as adopted by the Pitkin County or
City of Aspen Building Dept as of the date of this contract
7.1.4. Latest version of the International Mechanical Code as adopted by the Pitkin County or
City of Aspen Building Dept as of the date of this contract
7.1.5. Latest version of the National Electrical Code - as adopted by the Pitkin County or City
of Aspen Building Dept as of the date of this contract
7.1.6. Latest version of the National Electrical Code - as adopted by the Pitkin County or City
of Aspen Building Dept as of the date of this contract
7.1.7. Latest version of the International Energy Conservation Code as adopted by the Pitkin
County or City of Aspen Building Dept as of the date of this contract
7.1.8. Current ADA/ANSI and NFPA as adopted by the Pitkin County or City of Aspen
Building Dept as of the date of this contract
7.1.9. Any other regulations required by County provided to Architect.
7.2. If Architect shall deviate from such codes, regulations, laws or ordinances, without written
authorization to do so from County, then it shall, at its own expense, make such corrections in
the Construction or Permitting Documents as may be necessary for compliance and approval
of any agency with jurisdiction.
8. Architect Delivery Method
8.1. This project shall be completed using a Construction Manager/General Contractor ("CM/GC")
process. As such, the ARCHITECT shall:
8.1.1. Assist the CM/GC in the preparation and review of all Cost Estimates referenced above.
The CM/GC will be responsible for creating the estimates, but the ARCHITECT will
work with the CM/GC to ensure that the estimate is a good faith representation of the
anticipated scope and detail of the work.
8.1.2. Assist the CM/GC in evaluating materials, systems, equipment, design options, etc. as
may be required by the County.
8.1.3. Work in good faith with the County and CM/GC to design a project that meets the
County's program, budget and schedule requirements.
9. Construction Phase Services
9.1. The Construction Phase for the Project shall commence on the date of the issuance of a
Notice to Proceed by the Facilities Director.
9.2. The Architect shall provide all of the administration and perform all of the duties to be
provided by Architect for the Project all as set forth in the Contract Documents. The
Architect will have authority to act on behalf of County only to the extent provided in
the Documents.
9.3. The Architect acknowledges that while most of the construction of the Project will be
constructed by the Contractor, County has reserved the right to perform portions of the
work on the Project through its own forces or through Separate Contractor(s). The
Architect expressly agrees to perform all of the same services set forth herein and in the
Contract Documents for any and all Separate Contractor(s) engaged by Pitkin County
on the Project.
9.4. The Architect will not be responsible for or have control or charge of construction
means, methods, techniques, sequences, or procedures, or for safety precautions and
programs in connection with the Project and, except for Architect's specifically
enumerated construction contract administration duties such as observation of the
Work, will not be responsible for Contractor's or any Separate Contractor(s) failure to
carry out the Work in accordance with the Contract Documents. The Architect will not
be responsible for or have control or charge over the acts or omissions of the
subcontractors of any tier, or any of their agents or employees, or any other persons
performing any work on the Project.
9.5. If requested, Architect shall assist County in County's selecting and retaining the
professional services of special consultants, without assuming any responsibility or
liability for these County consultants, and shall help coordinate these services as they
may relate to Architect's performance under this Agreement.
9.6. Within seven (7) days after award of the Bid, a conference scheduled by Architect and
attended by Architect, County's Facilities Director, Contractor and others as
appropriate, will be held to discuss the various schedules, procedures for handling
submittals, processing Applications for Payment, and other matters appropriate to the
construction of the Project, and to establish a working understanding among the parties
as to the Work. The Architect shall document such conference with written minutes and
distribute copies thereof to all attendees and appropriate members of County's Team.
9.7. The Architect shall monitor the progress of Contractor's Work, evaluate the percentage
of completion of each construction activity as indicated in the Construction Schedule,
and shall review these percentages with County. This evaluation shall serve as data for
input to the periodic Construction Schedule Maintenance Report.
9.8. The General Contractor shall prepare and distribute, and the Architect shall review and
comment on the Schedule Maintenance Reports which shall contrast actual progress
against scheduled progress for the overall Project. The Architect shall advise and make
recommendations to County concerning the alternative courses of action which County
may take in its efforts to achieve contract compliance by Contractor. This report shall
be distributed on a monthly basis.
9.9. Within ten (10) days after award of the Bid, a conference attended by County,
Architect, Contractor, and others as appropriate, will be held to review the Construction
Schedule and finalize the schedule of submittals. The finalized schedule of submittals
must be acceptable to Architect as providing a workable arrangement for processing
submissions. This meeting may be combined with that contained in 1.9.6 above.
9.10. When appropriate and approved by County, Architect shall prepare for County a
proposed recovery schedule which shall reflect Architect's recommendations as to what
corrective action should be undertaken by Contractor to bring Contractor's performance
current. This recovery schedule shall be distributed to Contractor, County, and other
appropriate parties.
9.11. The Architect upon direction from County's Facilities Director shall conduct all weekly
or periodic job progress meetings, and such other meetings as County reasonably
requests at which County, Architect, and Contractor can discuss such matters as
procedures, progress, problems, and scheduling, in conjunction with the Project. The
Architect shall also help assure that its appropriate engineers and consultants attend any
necessary weekly or periodic job progress meetings. The specific number of meetings
included is more clearly identified in Exhibit B attached hereto.
9.12. The Architect shall advise and consult with County during the Construction Phase.
During the Construction Phase all communications between County, Architect, and
Contractor shall be sent to the intended addressee, with a copy sent simultaneously to
the third party.
9.13. The Contractor will be given the right to propose substitutions of materials, equipment,
and other items and procedures. All such proposals are to be submitted to Architect for
review and evaluation. The Architect agrees as part of its Basic Services to perform the
services with respect thereto as set forth in the Contract Documents. Any and all
recommendations pertaining to alternates or proposed substitutions shall be coordinated
with the Contract Documents and all prior approvals. The Architect shall record the
time required by Architect in evaluating substitutions proposed by Contractor and in
making changes in the Contract Documents occasioned thereby.
9.14. The Architect will be the initial interpreter of the requirements of the Drawings and
Specifications but County has the sole authority to make final interpretations.
9.15. All interpretations of Architect shall be consistent with the intent of and reasonably
inferable from the Contract Documents, and shall consist of additional instructions by
means of drawings, Field Orders, Architect's Supplemental Instructions or otherwise, as
may be necessary for the proper execution or progress of the Work, and shall be
furnished in accordance with agreed upon time limits and otherwise so as to cause no
unreasonable delay to the Work. Either party to the Contract may make written request
to Architect for such interpretations.
9.16. In collaboration with County, Architect shall establish and implement procedures for
expediting the processing and approval of Shop Drawings, Product Data, Samples and
other submittals.
9.17. The Architect will review and approve or take other appropriate action upon Architect's
Shop Drawings, Product Data, Samples and similar submittals, but only for the limited
purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken within an
agreed to amount of time and with such reasonable promptness as to cause no
unreasonable delay in the Work or in the activities of County, Contractor or any
Separate Contractor(s), while allowing sufficient time in Architect's professional
judgment to permit adequate review. Review of such Shop Drawings, Product Data,
Samples and similar submittals, is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all
of which remain the responsibility of Contractor as required by the Contract
Documents. The Architect's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's approval of a specific
item shall not indicate approval of an assembly of which the item is a component.
9.18. When in the opinion of Architect and upon approval by County's Facilities Director,
revised partial plans, drawings or specifications are required to clarify drawings, or
reflect authorized changes or additional work, Architect shall provide at County's
expense at the cost of reproduction, all needed copies of such revisions to Contractor.
Additional copies required will be furnished upon request at County's expense, at the
cost of reproduction.
9.19. The Architect shall consult with County upon request in conjunction with County's
exercise or potential exercise of its rights to suspend the Work in whole or in part as
more fully set forth in the Contract Documents.
9.20. The Architect shall assist County in the review of Contractor's Schedule of Values
submitted in accordance with the Contract Documents and further, attend a conference
with County and Contractor to finalize the same. The finalized Schedule of Values will
serve as the basis for progress payments. Subject to the prior approval of County and
Architect, the Schedule of Values shall be adjusted to reflect approved changes made to
the Work by Change Order. The Architect shall further participate in any other revisions
to the Schedules of Values as provided in the Contract Documents.
9.21. The Architect shall review and comment on the actual quantities and classifications of
unit price work documented and performed through Contractor. The Architect shall
review with Contractor the Architect's preliminary determinations on such matters
before rendering a decision thereon by recommendation of an Application for Payment
or otherwise.
9.22. Final measurements on unit price work will be made by Contractor.
9.23. The Architect shall develop and implement procedures for the review and processing of
Applications for Payment submitted by Contractor for progress and final payments.
9.24. With the commencement of the Construction Phase, on or before the tenth (10th) day of
each month and no more than three (3) days prior thereto, Contractor shall submit to
Architect, an itemized Application for Payment based on the approved Schedule of
Values and covering the portion of the Work completed as of the date indicated in the
Application then due less previous payments, which shall be notarized and supported by
valid lien waivers as set forth in the Contract Documents, together with such additional
documentation substantiating Contractors right to payment as County and Architect
may require, and reflecting retainage, if any, as set forth in the Contract Documents.
The form of Application for Payment shall be as furnished by County. All Applications
for Payment shall be subject to correction.
9.25. The Contractor shall include in the Bid, any allowances previously approved in writing
by County. Items covered by these allowances shall be supplied for such amounts and
by such persons or entities as Architect may direct, but Contractor will not be required
to employ persons or entities against whom it makes a reasonable objection. All
materials and equipment under an allowance shall be selected promptly by Architect so
as to cause no unreasonable delay in the Work.
9.26. The Architect, in conjunction with County's Facilities Director, shall, within ten (10)
days after the receipt of each proper Application for Payment, review the Application
for Payment and either execute a Certificate for Payment to County for such amounts as
Architect reasonably determines are properly due, or notify Contractor in writing of the
reasons for withholding a Certificate as provided in the Contract Documents. The
Architect shall have the authority to decline to certify payment and may withhold
execution of any Project Certificate for Payment as set forth in the Contract Documents.
9.27. The issuance of a Certificate for Payment shall constitute a representation by Architect
to County that based on Architect's observations at the Site, the Contract Documents,
and the data comprising the Application for Payment, the Work has progressed to the
point indicated; that, to the best of Architect's knowledge, information and belief, the
quality of the Work is in accordance with the Contract Documents (subject to an
evaluation of the Work for conformance with the Contract Documents upon Completion
of the Work, to the results of any subsequent observations and tests required by or to be
performed under the Contract Documents, to minor deviations from the Contract
Documents correctable prior to completion, and to any specific qualifications stated in
the Certificate for Payment); and that Contractor is entitled to payment in the amount
certified. However, the issuance of a Certificate for Payment shall not be a
representation that Architect has made observations beyond the level called for in this
Agreement, to check the quality or quantity of the Work, has reviewed the construction
means, methods, techniques, sequences, or procedures, or has made any examination to
ascertain how or for what purpose Contractor has used the monies paid on account of
the Contract Sum.
9.28. The Architect may, on request and in Architect's discretion, furnish to any subcontractor
of any tier or supplier, if practicable, information regarding the percentages of
completion, the amounts applied for, the amounts paid to Contractor, and any action
taken on Applications for Payment by Architect on account of Work done by such
subcontractor or supplier.
9.29. The Architect shall maintain cost records on authorized work performed under unit
prices, additional work performed on the basis of actual costs of labor and materials, or
other work requiring accounting records.
9.30. The Architect shall assist in developing and implementing a system for the preparation
and processing of Change Orders.
9.31. The Architect shall recommend necessary or desirable changes to County, review
requests for changes, assist in negotiating Contractor's change order proposals, and
submit recommendations to County.
9.32. The Architect shall review all Change Order pricing and advise County if the pricing is
consistent with the requirements of the Contract Documents .
9.33. The Architect shall prepare and sign or take other appropriate action on all Change
Orders.
9.34. The Architect shall have authority to make minor changes in the Project, not involving
extra cost or an enlargement of the Contract Time, and not inconsistent with
requirements of the Contract Documents, except in an emergency endangering life or
property.
9.35. The Contractor shall be responsible for quality control and quality assurance. The
Architect shall be responsible to observe the quality of the work and advise County as
to its level of compliance with the requirements of the construction documents.
9.36. The Architect shall at all times have the right to entry and access to the Work wherever
it is in preparation and progress, and the right to observe all work done and materials,
equipment, and fixtures furnished, installed or stored in and about the Site or elsewhere.
9.37. The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the portion of the work
completed, and to determine in general if the Work observed is being performed in a
manner indicating that the Work, when fully completed, will be in accordance with the
Contract Documents. However, the Architect will not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of the Work. The
Architect will not have control over, charge of, or responsibility for, the construction
means, methods, techniques, sequences or procedures, or for the safety precautions and
programs in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents. The Architect will not be responsible
for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or
any other persons or entities performing portions of the Work. On the basis of the site
visits, the Architect will keep the County reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (1) known
deviations from the Contract Document and from the most recent construction schedule
submitted by the Contractor, and (2) defects and deficiencies observed in the Work.
9.38. All site visits shall be in addition to the attendance required of Architect, and its
consultants as necessary, at weekly job progress meetings held at the Site. The quantity
of these meetings is more clearly defined in Exhibit B attached hereto.
9.39. Architect shall also, without additional compensation, provide such Site visits as are
required to interpret the Drawings and Specifications where the Drawings and
Specifications do not provide clear direction as to the construction of the Project.
9.40. The Architect shall notify County of any specific visits to be made during the various
phases of construction.
9.41. The Architect shall exercise due diligence to safeguard County against defects,
deficiencies and noncompliance with the Contract Documents. If, in the opinion of
Architect, any of the work on the Project is not being performed in a good and
workmanlike manner, Architect shall inform County setting forth the reasons and
recommendations for action.
9.42. The Architect shall keep accurate accounts with respect to its observations of the work
on the Project, prepare comprehensive written reports thereof, and promptly submit
copies of the same to County.
9.43. If at any time Architect wishes to delegate any of its responsibility for the monitoring
and observation of the Work to some person other than one previously approved by
County, such other person must be properly qualified by training and experience to
monitor the Project. Prior to any such delegation, Architect shall submit the information
required in section 1.2 for County's approval.
9.44. County will also have someone observing the Project and its progress. Nothing
contained herein, nor any actions or statements made by the County during the course
of this observation, shall in any way relieve Architect of its responsibilities for contract
administration and observation.
9.45. The Contractor shall furnish for approval and without charge, all Samples as directed by
Architect. The Contractor shall give sufficient notice of the placing of orders to permit
the testing thereof. The Architect shall check such Samples for completeness, and shall
review and approve or take other appropriate action upon all Samples.
9.46. Whenever the Architect considers it necessary or advisable, the Architect will have
authority to require inspection or testing of the Work, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a
decision made in good faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
material and equipment suppliers, their agents or employees, or other persons or entities
performing portions of the Work.
9.47. The Contractor shall give County and the Architect timely notice of when and where
tests and observations are to be made so County and the Architect and any other
appropriate agency may observe such procedures.
9.48. All sampling and testing shall be made by an accredited testing laboratory. Unless
otherwise provided in the Contract Documents, all sampling and testing of all materials,
and the laboratory methods and testing equipment shall be in accordance with the latest
applicable standards and testing methods of the American Society of Testing Materials
(A.S.T.M.).
9.49. Should any defective work or material be discovered during the progress of
construction, or should reasonable doubt arise as to whether certain material or work is
in accordance with the Contract Documents, the value of such defective or questioned
material or work shall not be included in any Application for Payment, or if previously
included, shall be deducted by Contractor from the next Application for Payment
submitted by Contractor.
9.50. Required certificates of observation, testing, or approval shall be promptly secured by
Contractor and promptly filed with Architect for review and inspection by County's
Facilities Director, and any of Architect's engineers or other consultants.
9.51. If Architect, County, or the Special Inspector required by the Pitkin County Building
Department, determine that portions of the Work require additional observation, testing,
or approval, Contractor will, upon written authorization from Architect and County,
make arrangements for such additional observation, testing, or approval, and Contractor
shall give notice of such testing as set forth in the Contract Documents.
9.52. If any portion of the Work including without limitation the work of any Separate
Contractor(s) should be covered by Contractor contrary to the prior request of Architect
or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by Architect, be uncovered for its observation or testing.
9.53. If Architect considers it otherwise necessary or advisable that covered Work be
observed or tested Architect shall so advise County.
9.54. The Architect shall, in the first instance, be the judge of the performance of Contractor,
its subcontractors of all tiers, and its suppliers, as it relates to compliance with the
Contract Documents and quality of workmanship and material.
9.55. The Architect will have authority to reject work which does not conform to the Contract
Documents. However, Architect's authority to act under the Contract Documents and
any decision made by it in good faith either to exercise or not to exercise such authority
shall not give rise to any duty on the part of Architect to Contractor, any of its
subcontractors, agents or employees, or any other person performing any of the Work.
9.56. When Contractor considers that the Work or a designated portion thereof is Complete as
defined in the Contract Documents, Contractor shall notify Architect of the Completion
of the Work and prepare a comprehensive list of items to be completed or corrected.
9.57. Within ten (10) days after Architect's receipt of Contractor's Notice of Completion of
the Work, Architect, County, and Contractor shall make an observation of the Work to
determine whether the Work has been completed in accordance with the Contract
Documents and to prepare a punch list.
9.58. If the Work has not been completed to the required stage of completion, the parties shall
cease the observation, and Architect shall notify Contractor in writing giving the
reasons therefore.
9.59. If, however, the Work has been completed to the required stage, a punch list shall be
prepared by Architect and consist of those items listed for completion or corrected, as
supplemented by those items observed and noted during the observation. The required
number of copies of the punch list will be countersigned by County's Facilities Director
and will then be transmitted by Architect to County and Contractor.
9.60. The Architect will conduct a site visit to determine the date or dates of Substantial
Completion and the date of final completion; issue a Certificate of Substantial
Completion; receive and forward to the Owner, for the Owner's review and records,
written warranties and related documents required by the Contract and assembled by the
Contractor; and issue a final Certificate for Payment.
9.61. Subject to the provisions of any insurance requirements and authorization by public
authorities having jurisdiction over the Project, County shall have the right to take
possession of and to use any completed or partially completed portions of Contractor's
Work, even if the time for Completion of the Work or designated portion thereof has
not expired. Such possession and use shall not constitute an acceptance of the Work or
designated portion thereof.
9.62. If County elects to take possession of and to use any completed or partially completed
portions of the Work prior to the time for Completion of the Work or portion thereof,
then prior to any such possession or use, an observation shall be made by County,
Architect, and Contractor. Any and all areas so occupied will be subject to a final
punchlist observation.
9.63. The Architect shall schedule a meeting with the Contractor, County's maintenance
and/or contracted testing personnel, to observe the initial start-up and testing of the
utilities, operations, systems, and equipment.
9.64. Before County shall accept the Work and publish a Notice of Final Settlement, and
before final payment of any remaining retained percentage shall become due,
Contractor shall deliver to Architect for review and delivery to County:
9,64.1. all guaranties and warranties required by the Contract Documents;
9.64.2. all statements to support local sales and use tax refunds;
9.64.3. three (3) complete bound sets of required operations and maintenance
manuals and instructions;
9.64.4. two (2) sets of as -built drawings with one (1) as a sepia of each sheet and
the other as a red -lined copy of each sheet, all to be furnished in
accordance with the requirements specified elsewhere in the Contract
Documents;
9.64.5. Electronic as-builts which meet County's CADD specifications;
9.64.6. to the extent not already furnished, two (2) copies of all corrected Shop
Drawings;
9.64.7. satisfactory evidence that all payroll, material bills and other indebtedness
connected with the Work have been paid or otherwise satisfied;
9.64.8. a complete and final waiver and/or release of any and all lien rights and
liens from Contractor and each subcontractor of all tiers, material
suppliers, manufacturer, and dealers for all labor, equipment, materials,
and all other items used or furnished by each on the Work;
9.64.9. all keys, manuals, maintenance stocks to County;
9.64.10. consent of the surety to final payment; and
9.64.11. any other documents required to be furnished by Contractor in accordance
with the Contract Documents.
9.64.12. The Architect shall review the same for conformity with the requirements
of the Contract Documents, and upon approval, transmit the same to
County.
9.65. Following Architect's issuance of the Certificate of Completion of the Work and
Contractor's completion of the work on the punch list as may have been supplemented,
final cleanup, and delivery of all closeout documents, Contractor shall forward to
Architect a written notice that the Work is ready for final observation and acceptance,
and shall also forward to Architect a final Application for Payment. Upon receipt,
Architect will forward the same to County, who will promptly assist in the making of
such observation.
9.66. If the Work has not been completed, the parties shall cease the observation, and
Architect shall notify Contractor in writing giving the reasons therefor.
9.67. When Architect finds all items on the punch list have been completed, all final cleanup
accomplished, all closeout documents have been satisfactorily furnished, the Work
acceptable under the Contract Documents, and the Contractors Contract fully
performed, Architect will promptly issue a Final Certificate of Completion. This
Certificate will constitute a representation to County that to the best of Architect's
knowledge, information and belief, and on the basis of its observations, the Work has
been completed in accordance with the requirements of the Contract Documents. The
Architect's Final Certificate for Completion will also constitute a further representation
that all conditions precedent to Contractor being entitled to final payment have been
fulfilled.
9.68. Written lists and reports of these observations shall be made by Architect and forwarded
to County, Contractor, and all of the other participants within ten (10) days after the
completion of each observation.
9.69. All claims relating to performance of County and Contractor under the terms of their
Agreement shall be referred initially to Architect in writing with a request for a decision
in accordance with the Contract Documents.
9.70. The Architect shall render its decision in writing within a reasonable time after
submission of the supporting data.
9.71. When functioning as interpreter and judge, Architect will not show partiality to either
County or Contractor and will not be liable for results of interpretations or decisions
rendered in good faith.
9.72. If Contractor gives its written notice of any differing site conditions, Architect shall
promptly observe the conditions. If Architect finds that such conditions do materially
differ and cause an increase or decrease in Contractor's cost of, or the time required for,
performance of any part of the Work under the Contract Documents, whether or not
changed as a result of such conditions, Architect shall so advise County.
9.73. If County and Contractor cannot agree upon the adjustment or the method of pricing
any Change Order, Architect shall make such initial determination.
9.74. The duties, responsibilities and limitations of authority of Architect as County's
representative as set forth herein and in the Contract Documents, will not be modified
or extended without written consent of County, Architect, and Contractor, which
consent(s) shall not be unreasonably withheld.
10. Reimbursable Expenses
10.1. The Architect shall be reimbursed for:
10.1.1. subject to County's prior approval in each instance, costs and expenses incurred for
travel outside of Pitkin County in connection with the Project, including costs of
transportation, meals and lodging, but not including such cost between Architect's offices
and the site which is being provided by County; provided, however, the total cost to
County therefore shall not exceed the sum proposed by Architect on the Bid Form, as
amended.
10.1.2. fees, if any, for securing approvals of governmental authorities having jurisdiction over
the Project;
10.1.3. all copies beyond those specifically included in this contract agreement
10.1.4. fees of special engineers or consultants if their employment is authorized in advance by
County for other than the required architectural; structural engineering services;
mechanical engineering services; electrical engineering services; surveyor; geotechnical;
signage/graphics; cost estimating; and any other services not included as Basic Services in
the Documents.
10.1.5. expense of any additional insurance coverage or limits including professional liability
insurance requested by County in excess of that required by the Documents.
11. Services, Deliverables and Schedule
The following schedule and phases for this project have been identified as:
Programing
6 Weeks
Schematic Design
12 Weeks
Design Development
12 Weeks
Approval & Permits
32 Weeks
Final Design CD
8 Weeks
Construction & Closeout
54 Weeks
Services and deliverables for each phase are as follows:
PROGRAMING & SITE MASTER PLAN
Services
• Develop schedules for design, stakeholder interface, and planning approvals
• Assessment of existing building, site and project information
• Stakeholder and owner interface
• Partnering and Project goal setting
• Development of building space program
• Facilitate analysis of up to 2 building / site options
• Identify project opportunities and systems requirements
• Evaluate cost & benefits
• LEED feasibility study: Please note that Commissioning and a LEED certification application
are not port of the REP but are available services which can be added to the design team
scope of work.
• Cost Estimating
• GM/GC selection assistance
• Assist and coordination of owner's consultants
Deliverables
• Building systems overview
• Sustainability goals and strategy summary
• Building program and site criteria summary
• Preliminary Cost Estimate
• Summary of applicable zoning, code and accessibility requirements
• Conceptual site plan drawings - up to 2 options
• Conceptual building diagrams - up to 2 options
• 3D conceptual massing model of buildings and surrounding structures (Sketchup
Software)
SCHEMATIC DESIGN
Services
• Management of design and stakeholder interface
• Integration of input from team members and stakeholders
• Stakeholder and owner meetings
• Development of schematic plans and elevations
Vm6r,A-red process ANP SCWTU�E
• Continued development of 3D model
• Schematic / 60% DD civil
• Review of building systems and opportunities
• Cost Estimating
• Assist and coordination of owners consultants
Deliverables
• Building systems update
• Sustainability goals and strategy update
• Schematic outline specifications
• SD Cost Estimate
• Zoning, code and accessibility summary update
• 60% DD civil
• Schematic architectural floor plans, elevations and sections
• Schematic interior furniture and reflected ceiling plans
• Development of submittal package for approval process
• 3D schematic model of buildings (Revit Software)
DESIGN DEVELOPMENT
Services
• Management of design and stakeholder interface.
• Integration of input from team members and stakeholders
• Stakeholder and owner meetings
• Management of sustainability goals and strategies
• Continued development of building core and shell design
• Development of REVIT model
• Civil u, d lu, dmupe porm development
• MEP development and coordination
• Interior design development
• Support for cost estimating
• Assist and coordination of owners consultants
Deliverables
• Building systems update
• Sustainability goals and strategy documentation
• DD outline specifications
• Zoning, code and accessibility summary update
• DD level architectural floor plans, elevations, sections and details
• DD level structural and MEP designs
• DD level interior design plans, elevations and details
• 80% CD level civil drawings
• 3D - DD level building modeling (Revit Software)
PERMIT
Services
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Building Permit drawing development
Deliverables
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• Building Permit Application Drawings and Record Documents
CONSTRUCTION DOCUMENTS
Services
• Management of design and stakeholder interface.
• Integration of input from team members and stakeholders
• Stakeholder and owner meetings
• Documentation of sustainability goals and strategies
• Completion of CD architectural, structural. MEP, civil, landscape and interior design
documents.
• Completion of BIM model
• Support for cost estimating
• Assist and coordination of owner consultants
• Bidding assist
Deliverables
• BIM Model (Revit)
• Construction Documents for final GC GMP
• Documentation of sustainability goals and strategy
• Commissioning Specifications & Procedures
CONSTRUCTION ADMINISTRATION
Services
• Management of design and stakeholder interface.
• Integration of input from team members and stakeholders
• Stakeholder and owner meetings
• Response to RFI's and processing of submittals
• Coordination of RFI and submittal responses
• Construction Contract Administration per 00P41-101 conditions of contract
• Coordination of changes due to unforeseen field conditions
• Assist and coordination of owner consultants
• Review and certification of pay applications and change orders
• Design change documents as required
• Scheduled site observations and reports
Deliverables
• Substantial and final completions documents
• Site Observation Reports
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Our team is committed to and has the ability to meet the established schedule. We envision a
thoroughly collaborative process with all of the various interested parties to ensure that the project
stays on track. The success of this project will depend on the cooperation and coordination of many
with a clear set of expectations, milestones, and a well articulated decision making path.
We would suggest weekly meetings from the beginning of the project. Meetings would include
members of the design team, the Owner's Representative, and other entities as appropriate. Meetings
would be divided into topic discussions to efficiently schedule people's time. During the design phase,
many of the team meetings could be handled remotely. With our primary office in Aspen diagonally
across from the project site and state of the art technology, Pass can accommodate this type of
meeting arrangement in a highly effective manner.
The schedule of the project design process is also critical to an integrateddelivery methodology. In
a standard delivery model the vast majority of the most cost significant decisions are made late in
the project schedule. As the schedule progresses there is less ability to impact the design and the
cost of changes increases exponentially. In an integrated delivery the timing of major decisions
Is weighted significantly to the forefront of the schedule at a time when options may be explored
and the cost of revisions is at its lowest. Poss Architecture + Planning has been working within the
framework of delivery models such as this for over 30 years and is adept at managing projects of
similar scope. The entire team has the capability to integrate into a forward weighted process such
as this. Our familiarity with an integrated process places us in a unique position to ensure a smooth
flow of information that will maintain the County's schedule while developing the highest quality
design within the developed budget.
PROGRAMING AND SITE MASTER PLAN -6week duration - Weekly design team meetings in person and via
GoTo Mtg. to identify priorities and follow up.
Continuous work effort during this phase Includes:
• Collection of existing project information / analysis
• Development of project goals / strategies
• Development of building program and space relationships
• Development of building systems criteria
• Development of site and massing options
• Analysis of construction systems
• Constructabllity review
• Cost Estimating
Milestones pending scheduled dates:
• Owner / design team start-up meeting - Develop schedule dates through completion of project
and review existing project data
• Public Outreach Session
• User group project review
• Owner/design team -)St work session - Project goals/strategies/ program/conceptual design
direction
• Owner / design team -2nd work session - Project costs /strategies / program / conceptual design
direction
• Completion of programing
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SCHEMATIC DESIGN - 12 week duration - Weekly design team meetings vlo GoTo Mtg. to Identify priorities
and follow up.
Continuous work effort during this phase Includes;
• Updating of project goals / strategies
• Update of zoning, building and accessibllity analysis
• Development of schematic building design
• Development of o4e-and civil design to 60% DD level
• Construction systems analysis
• Development of SD MEP and structural designs
• Development of SD building systems outline specifications
• Development of SD architectural and interior outline specifications
• Development of 90 In dseape a 60% DD clvll outline specifications
• Development of BIM model
• Cost Estimating
Milestones pending scheduled dates:
• Owner / design team phase start-up meeting - Project goals and schedule update
• Public Outreach Session
• Owner / design team_lst work sesslon-Project costs /strategies /design review
• User group project review
• Owner / design team _2nd work session - Project Costs / strategies / design review
• Completion of schematic package reflecting scope of work identified for schematic phase
DESIGN DEVELOPMENT - 12 week duration - Weekly design team meetings via GoTo Mfg. to identify priorities
and follow up.
Continuous work effort during this phase Includes
• Updating of project goals / strategies
• Update of zoning. building and accessibility analysis
• Development of design development building design
• Development of MOO-emd civil design
• Construction systems analysis
• Design development of MEP and structural designs
• Design development of bullding systems outline specifications
• Design development of architectural and Interior outline specifications
• Design development of lehdeespea i civil outline specifications
• Design development of BIM model
• Cost estimating support
Milestones pending scheduled dates:
• Owner / design team phase start-up meeting - Project goals and schedule update
• Public Outreach Session
• Owner / design feam_I st phase work session -Project costs /strategies /design review
• Owner / design team _2nd phase work session- Project costs/strategies/design review
• User group project review
• Owner / design team _3rd phase work session - Project costs / strategies / design review
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Completion of design development package reflecting scope of work Identified for design
development phase
OP REVIEW AND APPROVAL - 32 week duration concurent with other phases Identified
Based on t P's Draft Schedule, it appears that the land use approval for the proposed new Pitkin County
Sheriff and Adm tion Facility will be processed pursuant to the City's so-called "COWOP" regulations.
Projects determined to "reasonabty necessary for the convenience or welfare of the public" may be
exempted from the strict app 'on of the City's Land Use Regulations. Based on the Community Development
Director's recommendation. the CR74CQuncil Is required to establish the appropriate submittal requirements for
such applications and to establish a tas a team for the review thereof. As the Pitkin County Courthouse
property Is Historically Designated, review of t lication by the City's Historic Preservation Commission is
mandatory.
To assist in the preparation of the required application, the Direc to convene a staff level Interdepartmental
development review committee meeting for the purpose of Identif and resolving any potential issues
associated with the provision of utilities and services. environmental constrdws,,access and circulation, etc.
The resulting application will be reviewed by the task force team who will forwar commendation to the
City Council as to Its compliance with Identified review criteria and containing such con s of approval as
they may deem appropriate. Upon receipt of the task force's recommendation. the City Counit4,it4ll approve,
approve with conditions or deny the application via the adoption of an ordinance at a public hean
CONSTRUCTION DOCUMENTS -8 week duration - Weekly design team meetings via GoTo Mtg. to identify
priorities and follow up.
Continuous work effort during this phase includes;
• Documentation of sustainable strategies and commissioning plan
• Development of construction documents
• Constructability update
• Construction document level BIM model
• Cost estimating support
• Building permit coordination
Milestones pending scheduled dates:
• Owner / design team phase start-up meeting - Project goals and schedule update
• Owner / design team meetings as required
• Building permit submission
• Completion of construction document package reflecting scope of work Identified for construction
document phase and submission of package bid documents for Initial GC GMP
CONSTRUCTION ADMINISTRATION -54 week duration- Weekly site meetings
Continuous work effort during this phase:
• Site Observations
• Submittal / Shop drawing review
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• RFI response
• BIM model coordination
Milestones pending scheduled dates:
• Preconstruction review with GC and subcontractors
• Scheduled site observation
• Punch List
• Project Closeout
r;;?,OdeCT TEAM INFORMATION.,,
xiN
COUNT
DESIGN & ARCHITECT OF RECORDPUBLIC SAFETY ARCHITECT
Bill Poss, AIA } r Daniel A. Redstone,
Managing Partner FAIA. NCARB, LEED AP
isPrincipal in Charge
Stephen Holley, AIA, LEEP AP
110 "Par j.
Partner in Charge
LANDSCAPE ARCHITECT
Bluegreen
Andy Wisnoskit _�
PLANNER
Lead Designer
Vann Associates, LLC
STRUCTURAL ENGINEERING
Studio NYL
Richard de Campo,
AIA, PE. LEED AP
MECHANICAL, ELECTRICAL, PLUMBING
Project Architect /
Rader Engineering, Inc.
Staff LEED Consultant
CIVIL ENGINEERING
JVA, Inc.
Melanie Grant
Interior Design Principal
TRAFFIC ENGINEERING
McDowell Engineering, LLC
SUSTAINABILITY WATERPROOFING ACCOUSTICAL
Point Energy Innovations Sopris Engineering, LLC D.L. Adams
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