HomeMy WebLinkAboutbocc.con.209.2016 7/2015 kjm
pICKIN Pitkin County
CoUNT81 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 209.2016
Project Name Architecture and Design Services for Basalt Temporary Office
Contractor Poss Architecture
Budget Line Item 110.18.92818.82726
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date 5/15/2016
Contract End Date 9/30/2016
Automatic Renewal Yes ❑ No r
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:
Contractor shall provide architecture and design services for the County's temporary office facility
located at 123 Emma Rd Basalt, CO 81621.
Contract Value Summary:
Contract Amount $42,750.00
This Change order/Amendment amount(if applicable) $
New Contract Total $
Procurement Method:
None ❑ Informal CI Formal Sole Source 0 Emergency LI Contract Renewal 0
Contract Type:
Services/Maintenance Construction ❑ Goods,Equipment, Supplies ❑
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.209.2016 Rev, 8.3/.11/ua!Is
Budget Line Item# 110.18.92818.82726
41TKIN
CUNT
CONTRACT FOR PROVISION OF SERVICES
ARCHITECTURE AND DESIGN SERVICES FOR BASALT TEMPORARY OFFICE
RENOVATION
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Poss Architecture and Planning, 506 E. Main Street, Aspen, CO 81611
(hereinafter"Contractor").
1. Term. The term of this contract is from May 15, 2016 to September 30, 2016.
2. Contractor's Obligations. Contractor shall provide architecture and design services for the
County's temporary facilities located at 123 Emma Rd. Basalt, CO 81621.
Contractor shall develop a building permit submission for the renovation work with limited follow
up during construction. No value analysis, bidding, negotiation or other services are included, but
can be provided upon written request from County Representative.
Project Deliverables:
• Outline Specifications
• Main and Upper Level Floor Plans (demo,proposed, RCP, egress)
• Typical details and schedules
• Building Permit submission forms as required
Project Phase I: Initial Design and Administration: Task Fee: $10,500.00
Project Phase II: Building Permit Level of Construction Documents: Task Fee: billed hourly, not to
exceed $20,250.00
Project Phase III: Construction Contract Administration: Task Fee: billed hourly, not to exceed
$12,000.00
A detailed scope of work and pricing is in the Exhibit A: Detailed Scope and Pricing.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out 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 forty two thousand seven hundred fifty dollars
($42,750.00) for services rendered. By contract or amendment, the County and Contractor may
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Contract#bocc.con.209.2016 Rev. X$1.1 1 jowl)
's
Budget Line Item# 110.18.92818.82726
reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor
shall invoice for the project monthly based on hours worked, with payment expected within thirty(30)
days of invoice, but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this contract shall be the property of the
County. However, Contractor shall have the right to utilize such documents in the course of its
marketing, professional presentations, and for other business purposes. Contractor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County
Representative. Jodi Smith, Facilities Supervisor will manage the project as the County's
Representative. The services provided and products delivered by the Contractor under this contract
will be subject to review by the County's Representatives, or a designee, for compliance with
Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to terminate
this contract, with or without cause, by giving written notice to the Contractor of such termination
and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the
effective date of such termination. In such event all finished or unfinished documents, data, studies
and reports prepared by the Contractor pursuant to this contract shall become the County's property.
Contractor shall be entitled to receive compensation in accordance with the contract for any
satisfactory work completed pursuant to the terms of this contract prior to the date of termination.
Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the contract by the Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
contract, provided 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. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
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D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state,FICA and other income taxes.
8 Assignability. This contract is not assignable by either party. Any use of subcontractors by
the Contractor for performance of this contract must be accepted in writing by the County.
9. 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 Pitkin County
Hearing Officer appointed to arbitrate Pitkin 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
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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. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,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 County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor,its agents,representatives,employees,or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,duration,
or types.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of
liability not less than those stated below. An umbrella and/or excess liability policy may be used to
meet the minimum liability requirements provided that the coverage is written on a"following form"
basis.
1. 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:
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Coverage A(Workers' Compensation) Statutory
Coverage B(Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability–ISO 1CG 0001 form or equivalent.
(With County named as an 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
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract(including defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit,ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured—Owners,Lessees or Contractors Endorsement,ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured—Owners,Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language on
the Additional Insured Endorsements specified above: "County,its subsidiary,parent,
associated and/or affiliated entities, successors,or assigns,its elected officials,
trustees, employees,agents,and volunteers named as an additional insured with
respect to liability and defense of suits arising out of the activities performed by,or on
behalf of the Contractor,including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned,hired,and
non-owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
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4. Special Coverages (check as appropriate and insert amount):
n(1)Performance Bond $
®(2) Professional Errors and Omissions: $1,000,00 per claim and $1,000,000 per
aggregate
0(3)Aircraft Liability
0(4)Owner's Protective
0(5)Builder's Risk
n(6)Boiler and Machinery
0(7)Loss of Use Insurance
0(8)Pollution Liability
n(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 Consultant/Contractor and or its
insurance broker shall notify the County of any cancellation,or reduction in coverage or
limits of any insurance within seven(7)days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as to claims pending against the required coverages,
reserves established on account of such claims,defense costs expended and amounts remaining
on policy limits.
2. In addition,these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory with
any insurance or self insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
c. Any and all deductibles or self insured retentions in the above-described
insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except for
any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
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14. Exemptions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,
and documents concerning its performance relating to this contract for a period of three (3)years after
final payment under the contract and the County shall have the right within the three(3)year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of
this contract beyond the arbitration described in Paragraph 9,the substantially prevailing party shall
be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to
time amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's annual right to budget and appropriate the sums necessary to provide the services set forth
herein. No provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract
shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
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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:
A. To Pitkin County with copies to:
Jodi Smith Pitkin County Attorney's Office
485 Rio Grande Parkway 530 E. Main Street,#302
Aspen, Colorado 81611 Aspen, Colorado 81611
Ph: 970-920-5396 Fax: (970) 920-5198
B. To Contractor:
Poss Architecture and Planning
506 E. Main Street
Aspen, CO 81611
Ph: 970-925-4755
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
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services,sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants,and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this contract,through participation in the E-Verify Program
or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c)shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice,and (d)shall comply with reasonable requests made in
the course of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency,Institution of Higher Education or political
subdivision a written, notarized affirmation,affirming that Contractor has examined the legal work
status of such employee,and shall comply with all of the other requirements of the Department
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Contract#bocc.con.209.20 16
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IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR.
By: {3114,. ft295
Title 51 PRA. ' /r/ /4j
Dat
PITKIN COUNTY,
COLORADO:
ct 7 - 6 ^lea
Autho ized Signer Date
IF A NON- STANDARD/ADDITIONAL LANGUAGE ADDED:
John Ely,County Attorney ate
10
Exhibit'A'
Pitkin County Relocation
Basalt Renovation Proposal
April 14, 2016
Revised April 25, 2016
Project Description The project entails interior renovation of an existing building
located at 123 Emma Rd. Basalt, Colorado for the purposes of relocating Pitkin County
Offices 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 Upper Level Floor plans(Demo, Proposed, RCP,Egress)
• Typical Details&Schedules
• 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 1 - Initial Design and Administration This task includes documentation of
existing drawings and finalized existing conditions drawings. In this documentation field
measurements will be performed. The existing set of drawings is hand drawn and must
be verified correctly. Also included during administration are on site meetings and
weekly OAC meetings.The fee for this task is$7,800. (This task is completed)
• Mechanical Consultant(Rader): $1,500 -see attached proposal ,/
• Electrical Consultant(AEDG): $1,200 - see attached proposal
Total Initial Design Fixed Fee (incl. consultants): $10,500
Phase 5 - Building Permit Level of Construction Documents This task includes
documents necessary for Building Permit submission, and a follow-up set of construction
documents based on same scope. Administration duties will include attending weekly
OAC meetings and coordinating permit documents. We will bill hourly for this task
with a top set of$12,800.
• Mechanical Consultant (Rader): Billed hourly with a top set of $2,250.' see
attached proposal
• Electrical Consultant (AEDG): Billed hourly with a top set of $5,200. - see
attached proposal
Total CD Top set fee (incl. consultants): $20,250
Phase 7 - Construction Contract Administration. This task includes OAC meetings
every week, review of submittals and shop drawings, responding to Contractor requests
for information (RFIs), 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 changes 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. We will bill hourly for this
task with a top set of$12,000.
• Mechanical Consultant(Rader): hourly as requested; see attached proposal
• Electrical Consultant(AEDG): hourly as requested; see attached proposal
Total Base Architectural Fee = Top set of$32,600.
Total Base Fee (w/consultants thru CA) a Top set of$42,750.
Contract#bocc.con.209.2016
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program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen(18)years of age or older, hereby swears and affirms under penalty of perjury that he
or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 et seq., and(c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
9
® RADERN
® l�I ENGINEERING • COMFORT SYSTEMSM
PO BOX 8610•AVON,CO 81620•Telephone 970-845-7910
Fax 970-845-7522•E-mail drader@raderengineedng.com
4/19/16
Contracting Party:
Poss Architecture+Planning
605 East Main Street
Aspen, CO 81611
Via email: rdecampo(7,billposs.com
RE: Pitkin County—Basalt Relocation
123 Emma Road
Basalt, CO 81621
Mechanical Engineering Services Contract
Dear Richard,
Thank you for the opportunity to provide a mechanical engineering services proposal for the
approximately 7,500 SF Basalt Offices relocation project. This contract is based on Poss
architectural drawings dated 4/7/16 and similar design experience.
Mechanical Design Services — Basalt Relocation
1. One site visit to review&document existing conditions(this already occurred on 3/1/16).
2. Prepare mechanical plans showing existing conditions (as required)&proposed work,to
be submitted for permit. We anticipate a relatively small mechanical scope of work for
the project.
3. Heat loss and heat gain calculations, as required.
4. Ventilation calculations, as required.
5. It is our understanding that the main level spaces are served by 3 existing ground
mounted RTU's, that provides heating,ventilation&cooling, and that the system is to
remain. We will show duct&diffuser modifications as required for new layout, with
specific attention focused on the 3 new conference rooms.
6. It is our understanding that the upper level spaces are served by two separate HVAC
units,and this will remain as-is.
7. Coordinate grilles, registers&diffusers with Architectural RCP.
4/19/16 Pitkin County—Basalt Offices Page 1 of 5
8. Division 15 specifications,on drawings.
9. Sequence of operation,on drawings.
10. Two drawing issuances total—one for coordination&one signed/stamped for permit.
11. Respond to Building Department comments as required.
Mechanical Construction Administration Services
1. Review submittals from the mechanical contractors.
2. Provide clarification to questions/RFI's from the Contractor during the construction
phase to discuss system concepts, field conditions, etc.
3. Site observations with follow-up observation reports.
Scope Exclusions
1. Cost estimates or opinion of probable costs.
2. Specification of new RTU's.
3. Electrical engineering.
4. COMcheck.
5. Plumbing.
6. Additional site visits.
7. Any service not specifically listed in the engineering services.
Fees
We propose to provide the following not to exceed fees based on our current hourly rates.
Mechanical Design Services—Basalt Relocation $3,750 ✓
Mechanical Construction Administration Services billed hourly,as requested
Fee Basis
Contracting Party agrees to pay Rader Engineering's fee as invoiced for this project based on
Rader Engineering's fees established above.
Support services, deliveries,materials and supplies are to be invoiced at cost plus ten percent.
Reproduction costs are invoiced as follows: 24"x 36"paper drawings$6.00/sheet, 30"x 42"
paper drawings$8.00/sheet and other size paper drawings$1.00/square foot. Mileage is to
be charged at the current Federal rate. Invoices are considered past due fifteen days after the
invoice date. Past due invoices will be invoiced a Late Payment charge of two percent per
month until the invoice is paid in full.
4/19/16 Pitkin County—Basalt Offices Page 2 of 5
Reimbursables
Plotting of drawings for issuance to Architect or Contractors.
Courier and express mail.
Reprographics.
Travel expenses(mileage).
Jobsite Safety
Neither the professional activities of Rader Engineering nor the presence of Rader
Engineering's personnel and sub consultants at a construction site, shall relieve the General
Contractor and any other entity of their obligations, duties and responsibilities including, but
not limited to, construction means, methods, sequence, techniques or procedures necessary
for performing, superintending or coordinating all portions of the work of construction in
accordance with the contract documents and any health or safety precautions required by any
regulatory agencies. Rader Engineering's personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their
work or any health or safety precautions. The Contracting Party agrees that the General
Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made
evident in the Contracting Party's agreement with the General Contractor. The Contracting
Party also agrees that the Contracting Party, Rader Engineering,and Rader Engineering's
consultants shall be indemnified and shall be made additional insured's under the General
Contractor's general liability insurance policy.
Stop Work
Rader Engineering may, in the event of default by Contracting Party, cease performance
under this AGREEMENT until the default is cured, and, if the default is not cured within ten
days,this AGREEMENT may be terminated at the option of Rader Engineering. If either
party terminates the contract,Rader Engineering shall be entitled to all reasonable expenses,
but not limited to,all costs, attorney fees and charges to date of termination.
Additional Work
Any work requested by the Contracting Party not defined in the above scope of work is
deemed supplemental work and shall be invoiced in accordance with the standard hourly
rates as follows: Professional Engineer$150; Project Engineer$100; Design Engineer$90;
CADD Operator$65; Administrative$45.
Changed Conditions
If,during the term of this Agreement, circumstances or conditions that were not originally
contemplated by or known to the Consultant are revealed,to the extent that they affect the
scope of services, compensation, schedule, allocation of risks or other material terms of this
Agreement,the Consultant may call for renegotiation of appropriate portions of this
Agreement. The Consultant shall notify the Client of the changed conditions necessitating
renegotiation,and the Consultant and the Client shall promptly and in good faith enter into
renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed
to,the parties agree that either party has the absolute right to terminate this Agreement, in
accordance with the STOP WORK provision hereof.
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Ownership of Documents
Original documents, including but not limited to; drawings, field notes, specifications and
data are and remain the property of Rader Engineering. The Contracting Party may obtain
reproducible copies of the documents in accordance with ADDITIONAL WORK.
Betterment
If, due to the Consultant's negligence, a required item or component of the Project is omitted
from the Consultant's construction documents,the Consultant shall not be responsible for
paying the cost required to add such item or component to the extent that such item or
component would have been required and included in the original construction documents. In
no event will the Consultant be responsible for any cost or expense that provides betterment
or upgrades or enhances the value of the Project.
Standard of Care
Rader Engineering's services shall be performed in a manner consistent with that degree of
skill and care ordinarily exercised by practicing design professionals performing similar
services in the same locality, at the same site and under the same or similar circumstances
and conditions. Rader Engineering makes no other representations or warranties,whether
expressed or implied,with respect to the services rendered hereunder.
Insurance
The Engineer shall maintain the following insurance for the duration of the Agreement.
Professional Liability Insurance: One Million Dollars ($1,000,000)per claim and One
Million Dollars($1,000,000) in the aggregate.
General Liability Insurance: One Million Dollars($1,000,000)per claim and One Million
Dollars($1,000,000) in the aggregate.
Automobile Liability Insurance: One Million Dollars ($1,000,000)per claim and One
Million Dollars ($1,000,000) in the aggregate.
Worker's Compensation Insurance: The current State requirement of One Hundred
Thousand Dollars($100,000) for bodily injury by accident or by disease: and Five Hundred
Thousand Dollars($500,000)policy limit for bodily injury by accident or by disease through
project completion.
Mediation
The Engineer and Contracting Party will make good faith efforts to first resolve any claims,
disputes or other matters between themselves directly without utilizing attorneys for a period
of 30 days prior to proceeding to mediation. If unresolved after 30 days, any claim,dispute
or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or
is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in
4/19/16 Pitkin County—Basalt Offices Page 4 of 5
accordance with applicable law to comply with the lien notice or filing deadlines prior to
resolution of the matter by mediation or by binding dispute resolution.
The Engineer and Contracting Party shall endeavor to resolve claims, disputes and other
matters in question between them by mediation which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with
its Construction Industry Mediation Procedures in effect on the date of the Agreement. A
request for mediation shall be made in writing, delivered to the other party to the Agreement,
and filed with the person or entity administering the mediation. The request may be made
concurrently with the filing of a complaint or other appropriate demand for binding dispute
resolution but, in such event,mediation shall proceed in advance of binding dispute
resolution proceedings, which shall be stayed pending mediation for a period of 60 days from
the date of filing, unless stayed for a longer period by agreement of the parties or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be
held in the place where the Project is located, unless another location is mutually agreed
upon.Agreements reached in mediation shall be enforceable as settlement agreements in any
court having jurisdiction thereof.
If the parties do not resolve a dispute through mediation pursuant to this Section,the method
of binding dispute resolution shall be by litigation in a court of competent jurisdiction.
'
Accepted By: ' 'Z1
Signature(CI ntracting Party) Date:
1311k- PO% . RUSCAbt T"
Printed Name&Title
AV
4/19/16
Signature (Rader Engineering,Inc.) Date:
4/19/16 Pitkin County—Basalt Offices Page 5 of 5
■._ _J
111 1;9 1900\Vazee Street i Suite 350 i Denver,Colorado 80202 1303.296.3034 main 1303.296.3035 fax I www.aedesign-inc.com
Architectural Engineering Design Group, Inc:.
April 25, 2016
Richard de Campo
Poss Architecture+ Planning
605 East Main Street
Aspen, CO 81611
RE: Basalt County Offices-Relocation
123 Emma Road
Basalt, CO
Dear Richard:
In response to your request, we submit this Agreement for professional engineering services for your
consideration. Our services included in this Agreement are defined as indicated below.
DESCRIPTION OF WORI<
Provide electrical engineering, lighting design, and construction administration services for the above
referenced project. A brief description of the project is as follows:
Remodel of approximately 7,900 SF in an existing retail building,to be used temporarily by the County
for their offices and elections activities.
SCOPE OF WORD
Upon execution of this Agreement,the Consultant will provide the following design services:
A. Inclusions:
1. One (1) pre-design field survey to review existing electrical systems.
a. It is anticipated that existing electrical drawings are not available for use. The
existing electrical service distribution, and survey of existing electrical devices
and lighting shall be documented in the field.
2. Preparation of construction/permit documents for electrical/lighting systems including:
a. Power plans indicating electrical equipment locations, electrical connections to
mechanical/plumbing equipment and owner provided equipment locations and
circuiting information.
b. Lighting plans indicating lighting fixture locations,specifications and control
intent.
c. Energy compliance documents, ComCheck.
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Basalt County Offices- Relocation
Basalt, CO
d. Panel board schedules, and load calculations. It is anticipated that the existing
electrical service to the building is adequate to service the needs of this tenant
design. No building electrical service upgrade is included in the base design
services. Additional branch circuit panelboard(s) may be required to
accommodate client needs for multiple dedicated branch circuits.
e. Response to City plan review comments as related to the electrical/lighting
engineering documents.
3. Construction administration, will be performed on an as-requested basis and billed
hourly, including:
a. Review of submittal drawings presented by the Contractor(s).
b. Response to RFI questions and preparation of addendum drawings as required.
c. Site Observations at the substantial complete level, including written
report/punch list.
B. Exclusions:
1. Fire alarm system design
2. Low-voltage cabling or cable management design
3. Life cycle cost or other computer simulated energy modeling.
4. LEED or other green building certification design, document completion and submission
5. Preparation of electronic record documents, based on significant changes in the work
made during construction.
6. Any other design service not specifically listed as an inclusion.
A. Fixed fee for base design phase services:
Base Design Fee: $5,200.00(Hourly, NTE)V
Pre-design Site Visit: $1,200.00 V
Construction Administration: Hourly,as requested
Estimate of reimbursable expenses: $100.00, estimated for drawings plot& delivery
B. Hourly Rates:
1. Any service in addition to those specified above, shall be authorized in writing prior to
commencing work, and shall be compensated on the hourly basis at the following rates:
Principal $150.00/hr
Project Manager $125.00/hr
Project Engineer $115.00/hr
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