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HomeMy WebLinkAboutbocc.con.amended.120.2013IB 7 'til- purl" Pitkin County C°UNT'V Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County Project Manager. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement_help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement&Contracts Manager. Contract Information Contract Number 120-20131E Project Name Terminal Hold Room Remodel Contractor Jviation,Inc. Budget Line Item 404.69.94799.82000 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 12/21/2015 Contract End Date 4/30/2018 Automatic Renewal Yes ❑ No® If Construction: Retainage Click here to enter text. If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Airport Project Manager Dustin Havel Project Manager 429-2855 Phone Provide a brief description of the contract: Design and permit of a storage shed near the terminal building Contract Value Summary: Contract Amount 82,861.00 This Change order/Amendment amount(if applicable) 9,500.00 New Contract Total 92,361.00 Procurement Method: None ❑ Informal❑ Formal ® Sole Source 0 Emergency ❑ Contract Renewal 0 Contract Type: Services/Maintenance ® Construction 0 Goods,Equipment, Supplies 0 Change Order/Amendment ® Other,please explain 0 Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract I/120-20131-13 Rei'. 8.31.1/fa* js Budget Line Item S 404.69.94799.82000 if11:14. ft NI TASK ORDER 2"d Amendment to Task Order Number 9: 120-20131-13 OWNER: Pitkin County 0233 East Airport Rd. Aspen,Colorado 81611 CONTRACTOR: Jviation,Inc. 900 S.Broadway,Suite 350 Denver,CO 80209 The Provision of the On-call Engineering Contract 12-2013 (the "Agreement")dated May 1, 2013 between the Board of County Commissioners of Pitkin County(the"County")and Jviation, Inc. (the"Contractor"),is hereby amended as follows: Description of Change: Architectural design and Permit for the installation of a storage shed near the terminal building. This is an hourly contract with rates as set forth in Exhibit A. The cost of this Amendment will be for billed based on actual hours worked not to exceed$9.500. See Exhibit A for Details Reason for Change The airport restaurant requires additional storage for product. This change has been necessitated by the enhanced security requirements brought on with a post security full service restaurant operation. Original Contract Price $82,861.00 Net Increase/Decrease in Contract Price(this change order) $9,500.00 *Total Adjusted Contract Price(including this change order) $92,361.00 In all othprr resile;is the Agreement is in full force and effect and remains unchanged by this Amendment. Cot tractor Date ,20 Procurement Office Date County"Manager Date *Increases over$25,000 and/or 10%(single increase or accumulative)of original contract must have County Manager signature. JVIATION. 2015.ASE.01 Existing Terminal Improvements MODIFICATION NO.TWO (2)TO AMENDMENT NO. NINE (9)TO CONTRACT DATED MAY 1, 2013 BETWEEN JVIATION, INC. AND PITKIN COUNTY BAORD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO The Sponsor and the Engineer agree to amend their contract for improvements to the Pitkin County Airport,Aspen,CO to include fees for professional services.The item covered by this amendment is described as follows: Aspen Pitkin County Airport Terminal— Existing Hold Room Improvements (Schematic Design Services) The Sponsor agrees to pay the Engineer for the services listed under Article II of the original contract in the following manner: PART A-ARCHITECTURAL SERVICES CHARLES CUNNIFFE ARCHITECTS Architectural(Schematic Design) Time and Materials NTE of$13,361.00 NEW DESIGN SERVICES Architectural (Design Development) Time and Materials NTE of$8,000.00 Architectural (Building Permit Drawings) Time and Materials NTE of$10,000.00 Architectural (Construction Drawings) Time and Materials NTE of$10,000.00 Structural Design Time and Materials NTE of$6,000.00 Mechanical, Electrical, Fire Alarm(Review/Schematic Design) Time and Materials NTE of$10,000.00 Mechanical, Electrical,Fire Alarm(Construction Drawings) Time and Materials NTE of$TBD Architectural (Contractor selection/bidding and negotiation) Time and Materials NTE of$3,500.00 Design Review Committee Time and Materials NTE of$3,000.00 Interior Design Services Time and Materials NTE of$10,000.00 Interiors graphic services Time and Materials NTE of$9,000.00 Architectural Design and Permit Drawing(s)...Time and Materials NTE of$9,500.00 TOTAL ARCHITECTURAL SERVICES $92,361.00 Page 1 of 10 Method of payment shall be as follows: Interim payments based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. PART B —ASSURANCES I. CIVIL RIGHTS ACT OF 1964, TITLE VI—CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 During the performance of this contract, the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "Engineer") agrees as follows: • Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. • Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. • Solicitations for Subcontracts,Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. • Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records,accounts,other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations,orders,and instructions.Where any information required of an Engineer is in the exclusive possession of another who fails or refuses to furnish this information,the Engineer shall so certify to the sponsor or the FAA,as appropriate,and shall set forth what efforts it has made to obtain the information. Page 2 of 10 • Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including,but not limited to: a. Withholding of payments to the Engineer under the contract until the Engineer complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. • Incorporation of Provisions. The Engineer shall include the provisions ofparagraphs one through five (Compliance with Regulations, Nondiscrimination, Solicitations for Subcontracts, Information and Reports, and Sanctions for Noncompliance) in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however,that in the event a Engineer becomes involved in,or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the Engineer may request the Sponsor to enter into such litigation to protect the interests of the sponsor and,in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. II. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS Reference: Airport and Airway Improvement Act of 1982,Section 520;Title 49 47123;AC 150/5100-15,Para. 10.c. The Engineer assures that it will comply with pertinent statutes,Executive orders and such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a)the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or(b)the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Engineers, this provision binds the Engineers from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. • Page 3 of 10 III. DISADVANTAGED BUSINESS ENTERPRISES Reference: 49 CFR Part 26 • Contract Assurance 026.13)-The Engineer or subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The Engineer shall cavy out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts.Failure by the Engineer to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. • Prompt Payment 026.29)-The prime Engineer agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Fifteen (15) days from the receipt of each payment the prime Engineer receives from Sponsor. The prime Engineer agrees further to return retainage payments to each subcontractor within Fifteen (15) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Board. This clause applies to both DBE and non- DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR Part 20,Appendix A • No Federal appropriated funds shall be paid,by or on behalf of the Engineer,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with any Federal grant, the Engineer shall complete and submit Standard Form-LLL,"Disclosure of Lobby Activities,"in accordance with its instructions. • V. ACCESS TO RECORDS AND REPORTS Reference: 49 CFR Part 18.36(1);FAA Order 5100.38 The Engineer shall maintain an acceptable cost accounting system.The Engineer agrees to provide the Sponsor,the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representative's access to any books,documents,papers,and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and Page 4 of 10 reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. VI. BREACH OF CONTRACT TERMS Reference: 49 CFR Part 18.36 Any violation or breach of terms of this contract on the part of the Engineer or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties,obligations,rights and remedies otherwise imposed or available by law. VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(i)(8);FAA Order 5100.38 All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. VIII. TRADE RESTRICTION CLAUSE Reference: 49 CFR Part 30.13;FAA Order 5100.38 The Engineer or subcontractor,by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S.firms published by the Office of the United States Trade Representative(USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list,or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. • Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Engineer or subcontractor who is unable to certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Page 5of10 • • Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the sponsor if the Engineer learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Engineer or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of an Engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code, Section 1001. IX. TERMINATION OF CONTRACT Reference: 49 CFR Part 18.36(i)(2);FAA Order 5100.38 • The Sponsor may,by written notice,terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this • contract,whether completed or in progress,delivered to the Sponsor. • If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. • If the termination is due to failure to fulfill the Engineer's obligations,the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. • If,after notice of termination for failure to fulfill contract obligations, it is determined that the Engineer had not so failed,the termination shall be deemed to have been effected for the Page 6 of 10 convenience of the Sponsor. In such event,adjustment in the contract price shall be made as provided in paragraph 2 of this clause. • The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. X. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION Reference: 49 CFR Part 29;FAA Order 5100.38 The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. XL OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference:20 CFR part 1910 All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. XII. CLEAN AIR AND WATER POLLUTION CONTROL (Reference:49 CFR§18.36(i)(12)) Note, when the DOT adopts 2 CFR 200,this reference will change to 2 CFR§200 Appendix 1I(G)) Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act,as amended,42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended,33 U.S.C. 1251 et seq. relating to inspection,monitoring, entry,reports,and information,as well as all other requirements specified in Section 114 and Section 308 of the Acts,respectively, and all other regulations and guidelines issued thereunder; Page 7 of 10 c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. XIII. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (Reference:2 CFR§200 Appendix II(E)) • Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. • Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph(1)above,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph 1 above,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. • Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. • Subcontractors.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for Page 8 of 10 compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. XIV FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) Reference:29 USC§201, et seq. All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference,with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. XV TEXTING WHEN DRIVING References:Executive Order 13513,DOT Order 3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10"Text Messaging While Driving" (12/30/2009),FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. The Contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The Contractor must include these policies in each third party subcontract involved on this project. Page 9 of 10 All other terms and conditions of the original contract shall remain in effect. INNESS WHEREOF,the parties hereto have affixed their signatures this .2-1 day of Dec_ 201,.57 SPONSOR: PITKIN COUNTY BAORD OF COUNTY COMMISSIONERS PITKIN COUNTY,COLORADO By: ..Sc e- 4- Jon Peacock Attest: '4-- r--_ ENGINEER: JVIATION,INC. 7414 By: Page 10 of 10 DA CHARLES CUNNIFFE ARCHITECTS ATTACHMENT A TASK ORDER REQUEST FOR ARCHITECTURAL SERVICES August 31,2015 FOR THE OWNER: ASPEN PITKIN COUNTY AIRPORT(ATTN: John Kinney) 0233 E. Airport Road Ste. A Aspen, Colorado 81611 (970) 429-2851 Office Phone (970) 920-5378 Office Fax John.kinney@aspenairport.com BETWEEN THE CONSULTANT: JVIATION INC. (ATTN: JD Ingram) 900 S. Broadway,Suite 350 Denver, CO 80209 (303) 524-3030 Office Phone (303) 524-3031 Office Fax JD.Ingram@jviation.com AND THE SUBCONSULTANT: CHARLES CUNNIFFE ARCHITECTS, P.C. (ATTN: Scott Smith) 610 East Hyman Avenue Aspen, CO 81611 (970) 925-5590 Office Phone (970) 925-5076 Office Fax charles@cunniffe.com FOR THE FOLLOWING: I. PROJECT LOCATION: Aspen Pitkin County Airport Terminal II. PROJECT SCOPE OF WORK: The attached scope of work includes estimates for design services for Architectural,Structural, Mechanical, Electrical Engineering and Interiors.These are estimates for design services based on the anticipated scope of work required to expand the secure passenger waiting area, and expedite the building permit process, in an attempt to accomplish the (construction) work before December 25, 2015(This will need to be verified with the contractor). Only the actual required amount of time for these services will be invoiced. If the full amount of the estimates is not needed,it will not be invoiced. New design services Task Order (Previous and Pending): • Architectural (Schematic Design): $13,361. • Architectural (Design Development): $8,000. • Architectural (Building Permit Drawings): $10,000. • Architectural (Construction Drawings): $10,000. • Structural Design:$6,000(Proposal received). [ 610 East Hyman Avenue • Aspen,Colorado 81611 • tel:970.925.5590 • fax:970.925.5076 • www.cunnifte.com A CHARLES CUNNIFFE ARCHITECTS • Mechanical, Electrical, Fire Alarm (Review/Schematic Design):$10.000(Proposal received). • Mechanical, Electrical, Fire Alarm (Construction Drawings):TBD • Architectural (Contractor selection/bidding and negotiation):$3,500. • Design Review Committee: Implementation, review, and coordination to establish the Committee, as required per the new Airport Design Guidelines (CCA,Tim Malloy, JViation):$3,000. • Interior Design Services:$10,000. • Interiors graphic services: $9,000. Total services pending for current Terminal Improvement Services above: $82,861. III. ARCHITECT'S RESPONSIBILITIES: a. The Architect shall provide the professional services set forth in this Letter of Agreement consistent with the professional skill and care ordinarily provided by Architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. IV. SCHEDULE OF HOURLY RATES AND REIMBURSABLE EXPENSES: Total project charges are based on hourly rates for personnel and for reimbursable expenses as follows: a. Hourly Rates and Personnel Expenses, Rates Subject To Periodic Adjustment: Title Hourly Rate Principal $215.00 Sr. Project Architect/Manager $185.00 Project Architect $165.00 Project Manager $145.00 Interior Designer $145.00 Project Designer/Job Captain $115.00 Drafter $ 95.00 Administrative $ 75.00 b. Reimbursable Expenses: i. Prints, photocopies, postage, fax transmissions, long distance telephone, measuring and drafting of existing construction as required, out of town living expenses, commercial carrier, vehicle and equipment rental and miscellaneous expenses: 1.2 X actual cost ii. Automobile mileage: 0.56 cents (560) per mile (or the current IRS standard mileage rate in effect) 610 East Hyman Avenue ■ Aspen,Colorado 81611 • tel:970.925.5590 • fax:970.925.5076 • www.cunniffe.com ] Oil Ka A, Inc. /LOO Structural Engineers and Builders Short Form Agreement between Client and Structural Engineer For Professional Services Page 1 of 4 KL&A,Inc.,("Structural Engineer") 215 N. 12th Street,Unit E Carbondale,Colorado 81623 Telephone: (970)927-5174 Date: August 14,2015 Submitted to: Charles Cunniffe Architects 610 East Hyman Avenue Aspen,CO 81611 Attention: Scott Smith Project: Aspen Airport-Improvements Proposal: We are pleased to propose the following agreement for providing structural engineering services on this project. This proposal will remain open for acceptance for 60 days from the date above. Description of Project: The project consists of renovations to the existing airport terminal. The current anticipated scope is to provide structural retrofit to a roof beam that was compromised by previously being cut through. KL&A will also analyze and provide a reinforcement detail for a primarily glulam beam which is crushing at its bearing above a column. In addition,structural design will be provided as required for the proposed plan to expand the Secure Passenger area. Services: Complete structural design and documentation as required to obtain a building permit and produce shop drawings if required. Construction Administration,including answering questions from the field and reviewing submittals. Engineering Fees: Compensation for our Base Services shall be a fee calculated on an hourly rate basis per our standard rate schedule. At this time we estimate the total fee to be six thousand dollars($6000).This total fee shall be understood to be an estimate. If the estimate is exceeded by more than ten percent,you shall be so advised in advance. Special Services and Extra Services shall be charged at our then current standard hourly rates. KL&A, Inc. Structural Engineers and Builders Short Form Agreement between Client and Structural Engineer For Professional Services Page 2 of 4 Our current standard hourly rate schedule is: Principal: $160 Associate: $125 Project Manager: $110 Engineer(Licensed): $100 Structural Designer $ 90 Reimbursable Expenses: Reimbursable expenses such as,but not limited to,transportation,meals and lodging for travel,overnight deliveries,courier services,professional services sales taxes,and the cost of large format reproductions shall be billed at 110%of cost. Terms and Conditions: Standard of Care The Structural Engineer shall perform those professional structural engineering services described in this agreement. In rendering these services,the Structural Engineer shall apply the skill and care ordinarily exercised by Structural Engineers at the time and place the services are rendered. Fee The Structural Engineer shall perform the services described in this agreement for the stated fee arrangement.The total fee,except stated lump sum, shall be understood to be an estimate,based upon Scope of Services,and shall not be exceeded by more than ten percent,without written approval of the Client. Where the fee arrangement is to be on an hourly basis the rates shall be those that prevail at the time services are rendered. Billings/Payments Invoices will be submitted monthly for services and reimbursable expenses and are • due when rendered. Invoice shall be considered PAST DUE if not paid within 30 days after the invoice date and the Structural Engineer may,without waiving any claim or right against Client,and without liability whatsoever to the Client,terminate the performance of the service. Retainers shall be credited on the final invoice. A service charge will be charged at 1.5%(or the legal rate)per month on the unpaid balance. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay cost of collection,including reasonable attorneys'fees. Access To Site Unless otherwise stated,the Structural Engineer will have access to the site for activities necessary for the performance of the services. The Structural Engineer will take precautions to minimize damage due to these activities,but has not included in the fee the cost of restoration of any resulting damage. Hidden Conditions and Hazardous Materials A structural condition is hidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. If the Structural Engineer has reason '0I �:ICI,&A, Inc. P%02' Structural Engineers and Builders Short Form Agreement between Client and Structural Engineer For Professional Services Page 3 of 4 to believe that such a condition may exist,the Structural Engineer shall notify the Client who shall authorize and pay for all costs associated with the investigation of such a condition and,if necessary,all costs necessary to correct said condition. If(1) the Client fails to authorize such investigation or correction after due notification,or (2)the Structural Engineer has no reason to believe that such a condition exists,the Client is responsible for all risks associated with this condition,and the Structural Engineer shall not be responsible for the existing condition nor any resulting damages to persons or property. Structural Engineer shall have no responsibility for the discovery,presence,handling,removal, disposal or exposure of persons to hazardous materials of any form. Indemnifications The Client shall indemnify and hold harmless the Structural Engineer and all of its personnel from and against any and all claims,damages,losses and expenses (including reasonable attorneys fees)arising out of or resulting from the performance of the services,provided that any such claims,damage,loss or expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client, anyone directly or indirectly employed by the Client(except the Structural Engineer) or anyone for whose acts any of them may be liable. This indemnification shall include any claim,damage or losses due to the presence of hazardous materials. Risk Allocation In recognition of the relative risks,rewards and benefits of the project to both the Client and the Structural Engineer,the risks have been allocated so that the Client agrees that,to the fullest extent permitted by law,the Structural Engineer's and its owners' and employees'total aggregate liability to the Client,for any and all injuries, claims, losses,expenses,damages or claim expenses arising out of this agreement, from any cause or causes of action shall not exceed the total amount of$50,000. In no case shall the liability exceed the amount of the Structural Engineer's policy. Such causes of action include,but are not limited to,the Structural Engineer's negligence,errors,omissions, strict liability,breach of contract or breach of warranty. Consequential Damages Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law,neither the Client nor the Consultant,their respective officers, directors,partners,employees,contractors or subcontractors shall be liable to the other or shall make any claim for any incidental,indirect or consequential damages arising out of or connected in any way to the Project or this Agreement. No Third Party Beneficiary The Structural Engineer and Client agree that the services performed by the Structural Engineer pursuant to this Agreement are solely for the benefit of the Client and are not intended by either the Structural Engineer or the Client to benefit any other person or entity. To the extent that any other person or entity,including but not limited to the Contractor and/or any of its Subcontractors and other Design Professionals,is benefited by the services performed by the Structural Engineer � KL&A, Inc. .0%0011 Structural Engineers and Builders Short Form Agreement between Client and Structural Engineer For Professional Services Page 4 of 4 pursuant to this Agreement,such benefit is purely incidental and such other person or entity shall not be deemed a third party beneficiary to this contract. Termination of Services • This agreement may be terminated upon 10 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination,the Client shall pay the Structural Engineer for all services rendered to the date of termination,all reimbursable expenses,and reasonable termination expenses. Ownership Documents All documents produced by the Structural Engineer under this agreement shall remain the property of the Structural Engineer and may not be used by the Client for any other endeavor without the written consent of the Structural Engineer. Dispute Resolution Any claim or dispute between the Client and the Structural Engineer shall be submitted to non-binding mediation,subject to the parties agreeing to a mediator(s). This agreement shall be governed by the laws of the principal place of business of the Structural Engineer. Agreement: This Letter of Agreement and any exhibits specifically referred to herein constitute the entire agreement between the parties. Structural Engineer: Acceptance by Client: KL&A,Inc. Charles Cunniffe Architects by: by: Dan Doherty,P.E. date: Project Manager title: BCER .8 . ng- July 27, 2015 Scott Smith,AIA Senior Project Architect/General Manager 610 East Hyman Avenue Charles Cunniffe Architects Aspen, CO 81611 RE:Aspen Airport Security Check Point Reconfiguration MEP Study Dear Scott, It was nice talking to you last week, catching up, and hearing what's going on at the airport. BCER Engineering, Inc. is pleased to submit the following proposal for mechanical, electrical,fire alarm, and fire protection engineering services. SCOPE OF PROJECT Prepare a mechanical, electrical, fire alarm, and fire protection systems study identifying current conditions and recommended modifications to these various systems to accommodate relocation of TSA screening and installation of Flip-Flow Exit Lane. SCOPE Our understanding of the project includes the following: 1. Site visit to review visible conditions and compare to latest available drawings. We anticipate two engineers/designers for one day with one night stay in Aspen. 2. Meet with architect and airport personnel during site visit to discuss project specifics. 3. Prepare recommended system modifications narrative. 4. Work with local contractor to develop opinion of cost for recommended modifications. Deliverables: BCER will submit 80% report review package and a 100%package incorporating owner review comments/suggestions. Schedule: Complete 80%review document three weeks after notice to proceed. Complete 100% report one week after receiving owner comments. ARVADA OFFICE BCERGROUP COLORADO SPRINGS OFFICE 5420 WARD ROAD,SUITE 200 id/444italp� 10807 NEW ALLEGIANCE DRIVE,SUITE 400 ARVADA,COLORADO 80002 COLORADO SPRINGS,COLORADO 80921 711 533.1117 Mr. Scott Smith,AIA July 27, 2015 Page 2 COMPENSATION AND PAYMENT Progress payments shall be made in proportion to the services rendered and are due and payable upon receipt of the Consultant's invoices. Fees for the proposed electrical services shall be on a hourly not to exceed basis as follows: 80% Review $ 8,500 100%Schematic Design $ 1,500 PROJECT TOTAL $ 10,000 If the size or scope of this project varies significantly from that on which the above fee is based,the fee shall be renegotiated accordingly. This fee proposal is valid for sixty(60) days from the date of this letter. Sincerely, BCER ENGINEERING, INC. R. Mike Cordero, P.E., LEED AP Principal/Senior Engineer ARVADA OFFICE BCERG,Roul> COLORADO SPRINGS OFFICE 5420 WARD ROAD,SUITE 200 MealaPs,y yaf; 10807 NEW ALLEGIANCE DRIVE,SUITE 400 ARVADA,COLORADO 80002 COLORADO SPRINGS,COLORADO 80921 nn2 All nnn 719.533.1112 (�A COM CHARLES CUNNIFFE ARCHITECTS ATTACHMENT A TASK ORDER REQUEST FOR ARCHITECTURAL SERVICES December 14,2015 FOR THE OWNER: ASPEN PITKIN COUNTY AIRPORT(ATTN: John Kinney) 0233 E. Airport Road Ste. A Aspen, Colorado 81611 (970) 429-2851 Office Phone (970) 920-5378 Office Fax John.kinney@aspenairport.com BETWEEN THE CONSULTANT: JVIATION INC. (ATTN: JD Ingram) 900 S. Broadway,Suite 350 Denver, CO 80209 (303) 524-3030 Office Phone (303) 524-3031 Office Fax JD.Ingram@jviation.com AND THE SUBCONSULTANT: CHARLES CUNNIFFE ARCHITECTS, P.C. (ATTN: Scott Smith) 610 East Hyman Avenue Aspen, CO 81611 (970) 925-5590 Office Phone (970) 925-5076 Office Fax charies@cunniffe.com FOR THE FOLLOWING: I. PROJECT LOCATION: Aspen Pitkin County Airport Terminal II. PROJECT SCOPE OF WORK: The attached scope of work includes estimates for design services for architectural design.These are estimates for design services based on the anticipated scope of work required to increase exterior storage on the north side of the terminal, by means of a pre-fab structure and to coordinate with the Pitkin County Building Department. Only the actual required amount of time for these services will be invoiced. If the full amount of the estimates is not needed, it will not be invoiced. New design services Task Order: • Architectural design and Permit drawing(s):$9,500. ARCHITECT'S RESPONSIBILITIES: a. The Architect shall provide the professional services set forth in this Letter of Agreement consistent with the professional skill and care ordinarily provided by Architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. [ 610 East Hyman Avenue • Aspen,Colorado 81611 • tel:970.925.5590 • fax:970.925.5076 • www.cunnlffe.com EA CHARLES CUNNIFFE ARCHITECTS III. SCHEDULE OF HOURLY RATES AND REIMBURSABLE EXPENSES: Total project charges are based on hourly rates for personnel and for reimbursable expenses as follows: a. Hourly Rates and Personnel Expenses, Rates Subject To Periodic Adjustment: Title Hourly Rate Principal $215.00 Sr. Project Architect/Manager $185.00 Project Architect $165.00 Project Manager $145.00 Interior Designer $145.00 Project Designer/Job Captain $1 15.00 Drafter $ 95.00 Administrative $ 75.00 b. Reimbursable Expenses: i. Prints, photocopies, postage, fax transmissions, long distance telephone, measuring and drafting of existing construction as required, out of town living expenses, commercial carrier, vehicle and equipment rental and miscellaneous expenses: 1.2 X actual cost ii. Automobile mileage: 0.56 cents (56¢) per mile (or the current IRS standard mileage rate in effect) [ 610 East Hyman Avenue • Aspen,Colorado 81611 n tel:970.925.5590 n fax:970.925.5076 ■ www.cunnlffe.com ]