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HomeMy WebLinkAboutbocc.con.122.2016 7/2015 kjm pirKIN Pitkin County CouNTContract 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 122.2016 Project Name Architecture Design Services for 911 Dispatch Remodel Contractor Poss Architecture and Planning Budget Line Item 110.40.82840.82001 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 1/1/2016 Contract End Date 8/31/2016 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 Facilities Project Manager Smith Project Manager 5396 Phone Provide a brief description of the contract: Interior Renovation with a new exterior stair to the North Forty Fire Station for the purpose of relocating Pitkin County Dispatch and associated services. Contract Value Summary: Contract Amount $82,000.00 This Change order/Amendment amount(if applicable) $ New Contract Total $ Procurement Method: None ❑ Informal Formal Sole Source 0 Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance ® Construction 0 Goods,Equipment, Supplies 0 Change Order/Amendment 0 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#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 ‘49T N ,OIU N • • CONTRACT FOR PROVISION OF SERVICES ARCHITECTURE AND DESIGN SERVICES FOR 911 DISPATCH REMODEL THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners("County")and POSS ARCHITECTURE AND PLANNING,605 E MAIN STREET ASPEN,COLORADO 81611 (hereinafter"Architect"). 1. Term. The term of this contract is from January 1,2016 to August 31,2016. 2. Architect's Obligations. The project entails interior renovation with a new exterior stair to the North Forty Fire Station for the purposes of relocating Pitkin County Dispatch and associated services. The focus of the project is to develop a building permit submission for the renovation work with limited follow-up during construction. No value analysis, bidding and negotiation, nor other services are included but can be provided if requested by County Representative. Project Deliverables: The deliverables for this proposal will include at a minimum the following: • Outline specifications • Main and Lower FIoor Plans(demo,proposed&RCP) .• Building Partial Elevation • Building Section/Interior Elevation • Exterior stair(not CD level—sufficient for design/build by stair fabricator) • Typical details and schedules • Generator enclosure • Building Permit Submission and Forms as required. Project pricing by Phase: (further described in Exhibit A: Detailed Scope of Work) Phase I —Initial Design and Administration: $9,500.00 Phase 2—Land Use Approvals: hourly Phase 5—Building Permit Level of Construction Documents: $22,000.00 • Mechanical Consultant(Rader): $8,500.00 • • Electrical Consultant(AEDG): $10,500.00 • UPS Design(AEDG): $3,500.00 • Structural Consultant(SNYL): $8,00.00 Total Construction Document Fixed Fee: $52,500.00 ..• .._7, • •6. Contract#:bocc.con.122.2015 Budget Line Item: 110.40.828 40.82001 h 0' t(y £&e , Pot Phase 7-Construction Contract Administration;x$20,000:00 SMO 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 eighty two thousand dollars($82,000.00)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. Jodi Smith, Facilities Superintendent will manage the project as the County's Representative. 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 Mite, by giving written notice t0 the Architect vf sttykk termination and specifying th0 iii0i9 thereof. Such notice shalt he given at least tett(10) days before the effective date of sues termination. In such event all finisnea or t u auiehed documents,data, studies and reports Prepared by the Architect pursuant to this dontraet 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 tornnination. • 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 - . . .... ._• ..,,ofAacktitectshall not.be.deemed to be an employee,agent,..or vanto county:-. •h. .y.: • .. Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 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. Binding 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, . ." Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 • 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 tenns 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 lossinvestigation, 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 xl1 • deduatihles ar self-insured retentions in the above,described shall be assumed b� and be for the amount oti, and at the Sole ekp6nA4 of the Arehlteet. Location of Architect's operations shall be all opvratlons aad lvvations at which work tor the referenced Project.s bung do%&. The County in ne 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 appropriateand/or prudent,Maintain higher limits ancl/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 _t. �_,.w.:,...w�. litSwing�Zsrm"basfs: ..:_.....d...,... .. ........:_.: .4.., t.. �. .....,. ....� ,....... .... ., .. . _._...... Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 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 1 CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate . $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage(Any One Fire) $ 50,000 . 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 " ` Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 Minimum Limits: Bodily Injury/Property Damage(Each Accident) $ 1,000,000 • 4. Special Coverages(check as appropriate and insert amount): ❑ (1)Performance Bond $ ❑Labor and Material $ ❑Payment Bond $ ®(2)Professional Errors and Omissions$1,000,000 per claim and$1,000,000 0 aggregate. ❑(3)Aircraft Liability ❑(4)County's Protective n(5)Builder's Risk ❑(6)Boiler and Machinery 1(7)Loss of Use Insurance U(8)Pollution Liability (9)Crime,including Employee Dishonesty Coverage,or Fidelity Bond B. Proof of Insurance: I. 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 polity htnitS. Certificates of Insurance for all renewal policil9/1 §113 vc delivered to the County's Representative at leas{fifteen(15)days prior to a policy's expiration dam except for any policy expiring on the expiration date of this contract or thereafter. • 4. The County reserves the right to request and receive a copy of any policy and • any policy endorsement at any time during the term of this contract. ' 14. Exemptions and Preferences. All purchasesof 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 contraet,for..a period.of,.three.(3) : . years after final payment under the contract and the County shall have the right within the three (3) Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 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 party 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,et 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 copies 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 —. ....:.. ... r Fax •(970)90-5198 _ _ _ . . _ . Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 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 Liowledge that 41,e sttbeentraeter is employing or contracting with an illegal 2. Terminate the Subcontractwith the subcontractor it within three clays Of receiving the required notice the Subcvntractor 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). Contract#:bocc.con.122.2015 Budget Line Item: 110.40.82840.82001 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. ARCHI C ' COUNTY,COLORADO: By. '1. 6 Date By: .5� 2 Z� Jodi Smile acilities Superintendent Date Title -3f)p� Jon Peacoc ,County Manager Date IF A NON-STANDARD/ADDITIONAL LANGUAGE ADDED: • John Ely,Coun o •-' Date EXHIBIT A DETAILED SCOPE OF WORK Project Description The project entails interior renovation with a new exterior stair to the North Forty Fire Station for the purposes of relocating Pitkin County Dispatch and associated services The focus of this proposal is to develop a building permit submission for the renovation work with limited follow-up during construction. No Value Analysis, Bidding and Negotiation, nor other services are included, but can be provided if requested by one of the Owner's Representatives, Dave Detwiler, Bruce Flynn or Jodi Smith. (Additional services can be fixed fee if scope is clearly defined; otherwise an hourly basis if scope/process is not clearly defined.) Project Deliverables The deliverables for this proposal will include at a minimum the following: • Outline Specifications • Main and Lower Floor plans(Demo,Proposed&RCP) • Building Partial Elevation • . • Building Section/Interior elevation • Exterior stair(not CD level-sufficient for design/build by stair fabricator) • Typical-Details&,Schedules • Generator Enclosure • Building Permit Submission Forms as Required Project Phases In order to complete the work outlined in this proposal; we have broken the project into the following Phases: Phase I - Initial Design and Administration This task is based onthe attached project program, and assumes existingvconditions drawings will be provided in electronic format, klr the Owner. Yt includes coordinat r g MAmin rim and .Pitkin `County staff. The Hod fee for Mil alk i� �;�89i trim hit 'y T already 1..,;11.1N illecl iii ovemI,er, showing ibbe�complete at the end of OcMhati. know if we need to rt'uljmit thIn invuiGSl) Phase 2 - Land Use Approvals This includes meetings wide County Planning scapi!, neighbor & Public noticing requirements, land tise-applie itions including renderings, P&Z hearings, .neighborhoodpresentations, etc. - Hourly, since scope is basically as needed or requested, and depends on various outcomes during the process. Phase 5 - Building Permit Level of Construction Document, This task includes documents necessary for Building Permit submission, and a follow-up set of construction documents based on same scope. The fee for this task is$22,000. • Mechanical Consultant(Rader): $8,500 - see attached proposal • Electrical Consultant(AEDO): $10,500 -see attached proposal • UPS Design(AEDG): $3,500 - see attached proposal • Structural Consultant (SNYL): $8,000 for consulting on building interior modifications & exterior generator/trailer shed. Total CD Fixed Fee(incl. consultants): $52,500 Phase 7 - Construction Contract Administration. This includes Construction meetings every other week, review of submittals and shop drawings, responding to Contractor requests for information (RHs), supplementary documents as required for same scope; reviewing and certifying payment applications, one inspection at substantial completion with follow-up punch list, but not final inspection (by Owner), and project administration/communication. The fixed fee covers minor change in scope such as substitution of materials, but not significant changes in scope, such as those that are a result of value engineering after permit documents are issued. The architectural fa27ied-fee hourly -��for this task is 0,000. • - : • - -, - - _- _ • - _ . ,-: ,.Inix., Nat -}-o • Mechanical Consultant(Rader): hourly as requested - see attached proposal • Electrical Consultant (AEDG): hourly as requested; $800 per site visit - see attached proposal • Structural Consultant(SNYL): hourly as requested. Total Base Architectural Fee = $51,500. Total Base Fee (w/consultants thru CA) =$82,000.