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HomeMy WebLinkAboutbocc.con.380.2016 fig IhIN Pitkin County Gni NTS Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Project Lead. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement helpf4itkincounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager and Attorneys Office(if required) by Procurement &Contracts Manager. Contract Information Contract Number 380.2016 Project Name Coke Ovens Phase II Design Contractor Lift Studio Budget Line Item 001.66.00000.82008 _ $9,500.00 _ Additional Budget Line Click here to enter text. $ Item(s) Click here to enter text. _ $ (Please fully allocate New Click here to enter text. $ Contract Total) Click here to enter text. $ Contract Start Date Click here to enter a date. _ Contract End Date Click here to enter a date. Automatic Renewal Yes E NoN If Construction: Retainage Yes $ or % No® If this is a new contractor, please request they complete and submit to Finance a W-9 Form. Contact Information: Department Public Works Project Manager Melissa Sever Project Manager (970)920-5390 J Phone Provide a brief description of the contract: Contractor to provide landscape and graphic design service for the property surrounding the Redstone Coke Ovens _ Contract Value Summary: Original Contract Amount $9,500.00 Previous Change Order/Amendment Amount(if applicable) __ S This Change order/Amendment amount(if applicable) $ New Contract Total $ 9500.00 Procurement Method: None ❑ Informal Formal ❑ Sole Source❑ Emergency ❑ Contract Renewal ❑ Contract Type: Services/Maintenance N Construction ❑ Goods, Equipment, Supplies ❑ Change Order/Amendment❑ Other, please explain O Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES REI AINAGE SCIIEDULE. ALL ATTACHMENTS MIDST BE WITH THIS CHECKLIST. Contract#277-2016 Budget Line Item#001.66.00000 82008 s'R ',*. '9 CONTRACT FOR PROVISION OF SERVICES COKE OVENS PHASE H DESIGN THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Lift Studio LLC PO Box 2748 Aspen, CO 81612 (hereinafter"Contractor"). 1. Term. The term of this contract is from September 7, 2016 to December 31, 2016. 2. Contractor's Obligations. Contractor shall provide Landscape and Graphic Design Service for the property surrounding the Redstone Coke Ovens, per attached Exhibit A. 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$9500 for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 4. County's Exclusive Ownership of Work Product. 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. Melissa Sever will manage the project as the County's Representative. In the event that Melissa Sever is not available, Brian Pettet shall assume the County Representative's duties. 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. 1 Contract#277-2016 Budget Line item#001.66.00000 82008 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. 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 he submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 2 Contract#277-2016 Budget Line Item#00[.66.00000.82008 1 I. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances,regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,false or fraudulent. 13. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, 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 3 Contract#277-2016 Budget Line item#001 66.00000.82008 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 Work Comp Waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2. Commercial General Liability— ISO ICG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate S 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) 4 Contract#277-2016 Budget Line Item#001.66.00000.82008 • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 3. Auto Liability: Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage(Each Accident) $ 1,000,000 4. Special Coverages (check as appropriate and insert amount): ❑(l)Performance Bond $ ❑ Labor and Material $ ❑ Payment Bond $ n2)Professional Errors and Omissions 0(3)Aircraft Liability O(4)Owner's Protective ❑(5)Builder's Risk O(6)Boiler and Machinery 0(7)Loss of Use Insurance 111(8)Pollution Liability 111(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 he 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. 5 Contract#277-2016 Budget Line Item#001.66.00000.82008 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. 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. 6 Contract#277-2016 Budget Line Item#001.66.00000.82008 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. 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: Melissa Sever Pitkin County Attorney's Office 76 Service Center Dr. 530 E. Main Street, #302 Aspen, Colorado 81611 Aspen, Colorado 81611 Fax: 970-920-5374 Fax: (970)920-5198 B. To Contractor: Lift Studio LLC PO Box 2748 Aspen, CO 81612 (970)404-5610 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 7 Contract#277-2016 Budget Line ltent#001.66.00000.82008 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 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. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONT' • 'TO' : By: .` Title INLIPAl- C49- 2.2.2;71(v (,IFC ShAND UA-4, Date PITKIN COUNTY, COLORADO: By: G <i':�` - /231 Zrpl Authir¢ed Signer Date 8 EXHIBIT A LIFTI LETTER OF ENGAGEMENT-REDSTONE COKE OVENS PHASE II REVISIONS PROJECT June 23,2016 Ann-. Melissa Sever Pitkin County Public Works 76 Service Center Road Aspen.C0131611 Dear Melissa. Lift Studio is pleased to submit our proposal to provide landscape architecture services for the Phase II Revisions of the Redstone Coke Ovens Project located in Redstone. Colorado. It was a pleasure meeting with you to discuss the design alterations needed to respond to CDOT's conceptual plan for a left-hand turn lane from Highway 133 onto Redstone Boulevard. Having led design and outreach efforts for the prior phase of this project and for the adjacent Redstone Parks + Oper Space Master Plan and Elk Park,the Redstone community remains close to my heart. My extensive background and relationships in planning in Redstone would maintain an important thread of continuity in this project. I look forward collaborating with you,the Redstone Community and other project partners to develop a plan that maintains the intent of the community-approved design while also enhancing the safety and experience of the coke ovens visitors. Litt Studio's mission is to build lasting client relationships and create landscapes that captivate through a thoughtful and explorative design process. We hope to engage you in this process to realize the second phase of the Redstone Coke Ovens. Accompanying this Letter of Engagement, please find our Scope of Work,which outlines our proposed process to complete the work. We propose to prepare a Schematic Site Plan for the TAP Grant Submission followed by Community Outreach and Construction Documents for an Estimated Topset of$9.500, For Litt Studio to begin work. please provide all relevant project records described in the attached documents and a signed copy of this Agreement to Lift Studio. Thank you again for your consideration. and please contact me if you have any questions. Sincerely, /14_11A7 ^n 'uL Lift Studio lLLC—Ryan Vugteveen Principal ASLA PLA Colorado License No. 124 r .,_" x, e, f ...,� oA . ,e 3 '"�. EXHIBIT A: SCOPE OF WORK- REDSTONE COKE OVENS PHASE II REVISIONS PROJECT Client Name(s): Pitkin County Public Works The following Scope of Work describes the Services to be provided by Lift Studio for the above- referenced project: SCHEMATIC DESIGN (Estimated$3,000) Lift Studio will prepare a Schematic Site Plan for the TAP Grant Submission illustrating the proposed revisions as an addendum to the previously approved site design/construction documents. The intent of this phase is to illustrate the basic spatial relationships of the program, aesthetic preferences and other components of the Project. Design Materials produced during this phase are not suitable for construction or permit submissions. The Project program for the Landscape Architect includes revisiting the following. 1. Vehicular access and parking (behind the ovens). 2 Pedestrian circulation/experience. 3. Signage locations. 4. Wharf wall layout. 5. Revegetation. 6. Fencing. The Schematic Design will be produced for Client review to inform the subsequent phases of design. Deliverables,Services and Design Materials for this phase of work include the following as necessary: 1. Schematic Design (11"xl 7"and/or 22"x34 PDFs): One schematic site plan illustrating spatial dimensions. program and materials. One round of edits is included. 2. Meetings: Two coordination meetings at Pitkin County Public Works are included. 3. Site Visit: One site visit is included. 4. Preliminary Estimate of Costs (8.5"x11"PDFs): Lift Studio will support SGM to establish a preliminary estimate of costs for the Schematic Design. Opinions of probable costs provided by SGM.with support from Lift Studio, are based on familiarity with the landscape construction industry and are provided to assist the Clients budget planning', such opinions are not a guarantee or warranty of the actual construction costs. No fixed limit of construction costs shall be a condition of the Project. CONTRACT DOCUMENTS (Estimated$6.500) Based on the Schematic Design and following the TAP Grant Submission. Lift Studio will prepare Contract Documents("CDs" or "Construction Documents and Specifications") for the Project as described herein. The intent of this phase is to document the Project for construction and typical approvals processes by developing specifications and working drawings for the Contractor. Contract Documents will describe the materials, spatial relationships,connections and finishes suitable for constructing the proposed improvements for a project of this type and nature. Reasonable coordination with Pitkin County Public Works. Pitkin County Engineering, Pitkin County Open Space and Trails. SGM and CDOT are included. e.. re O.aJ eel exois—Le r :.9agQn.ni U ci ., � x-tlndJL`e�.9 � _rvv The Contract Documents package will be produced for your review and approval to price and construct the Project. Deliverables, Services and Design Materials for this phase of work include the following: 1. Construction Documents(22"x34"PDFs): a. General Landscape Development Plan. b. Preservation Plan. c. Layout and Materials Plan. d. Diagrammatic Grading Plan for coordination with SGM; Grading and Drainage Contract Documents shall be provided by a Civil Engineer. e. Planting Plan and Schedule/Revegetation and Tree Mitigation Plan. f. Details(up to five). g. Sections(up to three). 2. Provide the 100%Contract/Bid Documents to the County with one round of revisions included. 3. Meetings: Two coordination meetings at Pitkin County Public Works are included. 4. Site Visit: One site visit is included. 5. Community Outreach. One community outreach meeting in Redstone is included to review the schematic design with the Community prior to advancing CDs. Lift Studio shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client, Consultants and the Client's Contractor ("Contractor')and shall not be responsible for erroneous, inaccurate, untimely, or incomplete information provided by the Client, Consultants and/or Contractor. The Client shall provide all relevant project records, drawings,title documents, reports, recorded documents,agreements, independent testing services. legal counsel,surveying and/or other services and any other known or requested materials as required or deemed necessary in the interest or requirements of the Project. An updated survey may be required. The previous consultants CD Sets (Landscape Architect,Civil,Survey and Structural)shall be released in both CAD and PDF format for Lift Studio's use in revising the design and details. CONSTRUCTION OBSERVATION SERVICES (Time and Materials/Hourly) Lift Studio will provide additional instructions to the CDs, review Contractor requests for information (RFIs) and Submittals. address emerging field conditions.and visit the site at intervals appropriate to the stage of construction,to become generally familiar with the work completed and to determine, in general,if the work observed is being performed in accordance with the Contract Documents(these Services are generally defined as "Construction Observation"). Construction Observation Services are standard to Lift Studio's professional Services and are an integral part of the design process, including to help guide the continuity, quality and intent of the Contract Documents, Without Construction Observation.Lift Studio cannot, among other things, have the opportunity to help interpret the Contract Documents, make reasonable adjustments in the field and clarity and/or provide supplemental information. Interpretations and decisions of Lift Studio shall be in writing or in the form of drawings. When making interpretations and recommendations, Lift Studio shall be allowed to rely upon the representations of the Contract Documents,the Client.the Client's Consultants and the Contractor and shall not be liable for decisions rendered in good faith and in reliance upon the accuracy of the information received. The Contractor and Client shall allow sufficient time for adequate review. Review shall be for the limited purpose of assessing general conformance with the Contract Documents. A final punch list will be developed with the Client and team to determine final acceptance of the Contractors work. SCHEDULE OF SERVICES A Draft Schedule is outlined below as a general guide for completing Lift Studios Services and may be subject to change based on Project needs and requirements. and on the schedule of other Consultants with whom documentation will need to be coordinated. Lift Studio can begin work when the Agreement is authorized by the Client and all required files,documents and Consultant drawings (CAD and PDF format) needed for Litt Studio to begin work are provided to Lift Studio. 1. Schematic Design--will be provided approximately 15 business days from beginning work after which SGM will develop the Preliminary Estimate of Costs. The Schematic Design phase shall be completed prior to August 1.2016, concluding this phase of work. 2. Contract Documents---approximately 45 business days following the TAP Grant Submission (August 1) and Community Outreach Meeting (TBD). The CD phase shall be completed no later than October 15, 2016, concluding this phase of work. 3. Construction Observation (TBD). SUPPLEMENTAL SERVICES Supplemental Services are Services and Design Materials beyond the basic Scope of Work that may require additional compensation. When requested and confirmed by the Client and/or by Lift Studio in writing,these items may be performed on atime and materials basis in addition to the Scope of Work. The following may be considered Supplemental Services and are not included in the Scope of Work. 1 Work beyond the timeframe and/or designated dates described in the Draft Schedule due to circumstances that are beyond the control of Lift Studio. 2. Work, meetings,coordination and/or Deliverables beyond what is described in the Scope of Work. 3. Additional design options or additional program beyond that described in the Scope of Work. 4. Hearings and/or other processes with Pitkin County Planning, Zoning, Engineering, Redstone Historical Society, Open Space and Trails and Building Departments and Homeowners Associations, for review, permitting and approvals. 5. Developing CDs per CDOT specifications and drawing format requirements. SERVICES NOT INCLUDED The following are services not provided by Litt Studio: 1. Landscape installation or maintenance. A qualified landscape contractor shall be selected to install, maintain and warranty plant material, hardscape, irrigation and other features. 2. Surveying. Civil Engineering. Structural Engineering,Architecture, Irrigation Design,Arboriculture, Geotechnical, Soil Science. Wildfire Hazard Assessments, Wildlife Habitat Assessments. As-Built Drawings, and other services not associated with the duties of a Landscape Architect. 3. Entitlements, land use planning,zoning processes, neighbor agreements and review and permit facilitation. All permits shall be facilitated by the Client. Contractor or Architect. COMPENSATION The Client shall compensate Lift Studio for Basic Services described in the Scope of Work and Supplemental Services as follows: �_oi_o, 1. ,.,_r, L332". .,aimePt 33312.2323= _3.:0,. .01 1. Schematic Design(Basic Service)'. Estimated Topset of$3,000. 2. Contract Documents(Basic Service), Estimated Topset of$6.500. 3. Construction Observation (Basic Service). Hourly(Time and Materials). Hourly billing rates are$100 per hour for Principal and$70 per hour for Designer. Lift Studio reserves the right to raise hourly billing rates at its own discretion during the course of the Project at no change to estimated topsets specified in the Agreement. Reimbursable Expenses are costs incurred by Lift Studio that are directly related to the Project and will be billed at cost plus 10%in addition to compensation for Basic and Supplemental Services. The following shall be Reimbursable Expenses. 1. Mileage per standard IRS rates. 2. In-house and out-of-house printing. reproductions. plots and scanning. 3. Postage, handling and delivery. 4. Other similar Project-related expenditures if approved by the Client. Invoices will be provided monthly. Payments shall be made by the Client monthly for Services performed and Reimbursable Expenses incurred by Lift Studio. Payments are due and payable upon invoice. Amounts that are unpaid thirty (30) days after the invoice date shall incur daily interest at 1.75%per month or 21%annum to the Client. For Wire transfers the Client shall pay issuing and receiving charges. Credit card payments are not accepted. This proposal will remain valid for 10 days. a,.,r_„<..,.Phase rase,.. _jacje ena c,+..n ,. .a _ _ole Contract# Rev. 8.31.11pads Budget Line Item M ;.) CHANGE ORDER/CONTRACT AMENDMENT Change Order Number:380.2016 OWNER: Pitkin County Aspen,Colorado 81611 CONTRACTOR: Lift Studio The Provision of Coke Ovens Phase II Design (the"Agreement")dated 9/23/2016 between the Board of County Commissioners of Pitkin County(the"County")and Lift Studio LLC(the"Contractor"),is hereby amended as follows: Description of Change:Change in contract number due to previous contract nwnber(227.2016)already in use Reason for Change: Formally change contract number from bocc.con.227.2016 to bocc.con.380.2016 Original Contract Amount $9,500.00 Previous Change Order/Amendment Amount fir applicable) S This Change Order/Amendment Amount(if applicable) $ New Contract Total $9,500.00 In :.1 'the � spects the Agreement is in full force and effect and remains unchanged by this Amendment. ►IOW Zol h Il•,e LiftS io tC Date \ iiZ i 2 Proctlim t Officer Date *Increases over$25,000 and/or 10% (single increase or accumulative)of original contract must have County Manager signature.