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HomeMy WebLinkAboutbocc.con.090.2003 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOIl SCANNING/ARCHIVING Originating Department/Division: Pitkin County Public Works/Project Management Contact Person: Jodi Smith, Project Manager Phone #: 920-5396 or 618-3717 ~ BOCC AGENDA ITEM (BOCC signature required) /X STAFF AUTHORIZED SIGNATURE (as per Procurement Code) Check Contract Type: Dollar Amount: ?(D/? _D, O '-"- /~/ Services ~Intergovernmental Agreement Maintenance (Requires BOCC Action) License/Use Non Profit Lease Quasi-Public Construction Grant Agreements (Requires BOCCAction) Purchase Other Employment Signatures Required: 00~q'r~cT Under 25K - Department Head 25-50K - Department Head (if appropriate), Section Leader Over 50 K - Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): /?'~{~tf,,~ 5~ ~~'~..~¢ Contract Start Date: ~-~/~ O~ Contract End Date: //2 -~,~j ~._~ Automatic Renewal (Y/N): All Contracts should be proofed for the following: No Pages Missing · If a Page is Left Intentionally Blank- Note on Page · Page numbered consecutively · All Signatures Affixed · All Dates Filled In · All Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) · Notice of Award/Proceed Attached (if appropriate) Sent to Cl~rk and Re~er for Scanning/Archiving ._ ~_D ~ ~ Date: Authorized Staff Person Signature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. SIGNATURE ?* Service Center Road . Aspen, Colorado 8161 CONmACT 3 AMENDED AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entered into by and between the Pitkin County Board of County Commissioners (hereinafter, "Pitkin County") and Rising Sun Enterprises, Inc (hereinafter "Contractor"). This Agreement amends and wholly supersedes The Pitkin County Lighting Retrofit Agreement for Provision of Services dated May 1, 2002 between Pitkin County and Contractor. 1. Purpose. The purpose of this Agreement is to design a lighting retrofit for the Pitkin County Courthouse in accordance with Exhibit A, Exhibit C and the proposal received on 4-3-02. 2. Term. The 'term of this Agreement is from March 31, 2003 to December 31, 2003. At the expiration of the initial term, the Agreement may be extended for an additional term of up to one hundred fifty days by the express written consent of both parties. 3. Contractor's Obligations. Contractor shall design a lighting retrofit for the Pitkin County Courthouse and provide construction oversight for installation in accordance · with Exhibit A and the proposal received on 4-3-02. 4. Compensation and Expenses, Invoicin~ and Payment. The County shall pay the Contractor for performance of services hereunder. Payment of invoices submitted by Contractor hereunder is contingent upon completion of each task to the satisfaction of the County. Invoices shall itemize specific work done to complete the task, and include receipts for all reimbursable items. Within thirty (30) ~tays of receipt of an invoice and approval thereof as required hereunder, payment shall be made by the County. In no event shall the total charges for services exceed Twenty Thousand, One Hundred Sixty Dollars and Zero Cents ($20,160.00) plus expenses as indicated on the Amended Exhibit A, dated March 25, 2003, attached hereto. In the event the Contractor incurs time and expenses above said amount, no compensation for said additional time and expenses shall be required to be paid by the. County without prior written authorization by the County. 5.County's Exclusive Ownership of Work Product. All work produced pursuant to this Agreement becomes the property of Pitkin County. 6. Pitkin County's Obligations. Pitkin County shall administer this Agreement for services provided and products delivered by the Contractor under this Agreement will be subject to review by the County's Representatives, or a designee, for compliance herewith. Public Works Fleet Maintenance Natural' Resources (970) 920-5390 (970) 920-5393 (970) 920-5214 fax 9204374 fax 920-5764 fax 920-~374 The review comments of the County's Representative n/ay be reported in wriiing as needed to the Contractor. To prevent an unreasonable delay in thC Contractor's work, th~ Count?s Representative will endeavor to examine all deliverable products and other documents and will accept same and authorize payment or will specify necessary changes within ten (10) working days of receipt of such documents. 7. Cancellation. In addition to the right of termination referenced in Exhibit B hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its ~ole discretion, upon written notice to Contractor as.provided in Paragraph 11 herein. 8. Re uired Clauses. Pitkin County's Required Clauses, i~ncluding provisions for insurance and indemnification. 9. Independent Contractor Status. a. The parties to this Agreement intend that the relationship between them contemplated by the Agreement 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 Agreement. Contractor may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services arid deliverable products required under this'Agreement are submitted in the manner and on the schedule defined under this Agreement. c. Contractor warrants that all work produced ,will conform to all applicable industry standards of care, skill and diligence in the performance of Contractor's obligations ~ under this Agreement. d. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or age/~t in the course of completing work under this Agreement. e. Contractor is not entitled to any Work'ers' Compensation benefits through Pitkin County, and is responsible for payment of any federal, state, FICA and other income taxes. ~10. _Assignablilit¥. This Agreement is not assignable by either party. 11. Notice. Any written notice required by this Agreement shall be deemed delivered on the happening of 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 recei~ requested addressed as follows: a. To Pitkin County Jodi Smith, Project Manager 76 Service Center Road Aspen Colorado 81611 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 b. To Contractor: Rising Sun Enterprises, Inc. 40 Sunset Drive #1 Basalt Colorado 81621 Phone 927-8051 FAX 927-3635 12. Modification. This Agreement may only be modified by written agreement of both parties hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement Code and the Required Clauses. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. CONTRACTOR: Rising Sun Enterprises, Inc. Robert Sardin~k~ ~ k. yDate- Rising Sun Enterprise~, Inc. Title Date PITKIN CO~NT~: ,odi/ th ac. a. * mp,. ,agJCpu y*ec,or ate Brian Pettet, Director of Public V~torks Date AMENDED EXHIBIT A March 25, 2003 Pitkin County Lighting Retrofit Proposal Price for Scope Reduction Given that thc scope of the project outlined in our working agreement for provisions of services, signed and dated 6/3/02 by Brian Pettet, Director of Public Works, has been reduced by 60% and that, prior to this the provision of materials was removed as part of this scope of work as well, Rising Sun must increase its hourly rate for approximately 222 hfs for project principals from $95/hr to $120/hr. We propose to bill the County on an hourly basis with a project cap not-to- exceed $20,160, plus expenses, instead of the $16,000 sum stated in the 2002 Agreement. Mark up on materials over cost 40%, 25% Equipment procurement services overhead & profit, 10% Construction admin services, and 5% for Freight & Handling. Location 1. Pitkin County Courthouse. 530 East Main Street Aspen Colorado. The County intends have the design and construction completed by the end of 2003. Approximately 18,000 square feet of office space, public space, two courtrooms, and judges' chambers, jury room, and houses the Aspen Police department and Sheriffs office. Miscellaneous information 1. The County intends to hire a firm to perform the design phase of the lighting retrofit portion of the project and project observation. 2. The Project Manager will work closely with the successful proposer. The project Manager will be available to obtain any and all information desired and over see installation. 3. Where needed the County will contract with an electrician to install the retrofit. 4. Lighting quality with energy saving is the County's goal with respects to the project. Successful proposers responsibilities are but not limited to: In general the County desires to hire a firm to perform a lighting audit, develop specifications for lighting, assist in the oversight of installation and provide all materials for the project. 1. Perform a complete lighting audit for the Courthouse and all spaces with the aid of the Project Manager. Address existing light levels, needs for controls, note any special conditions or needs and prepare a lighting schedule. Proper light levels are the top priority with potential energy savings second. 2. A complete lighting layout shall be required for the purposes of installation. This shall include but not be limited to: lighting fixture layout, lighting controls and zone layout, and fixture schedule. 3. Windows, day lighting, and surfaces of all areas shall be considered when designing the lighting. 4. A review of facility construction shall be considered. Electrical capacity shall be considered and any deficiencies shall be discussed with the Project Manager. J 4 5. Mock-ups may be performed during the design phase for final approval by the Project Manager. 6. A budget shall be developed based on design. Optional design with associated costs shall be discussed with Project Manager for final approval. 7. Upon completion of the design phase the successful proposer shall meet to determine what will be installed by the County and an electrician. 8. All products shipped to the County shall be properly marked. It shall include the type of fixture/ballast/illuminaire facility and location. 9. Respond to owners questions. 10. Final inspection punch list and sign off. 11. Commission lighting system. 12. Training of Maintenance staff. Rising Sun Enterprises, Inc. shall perform a lighting retrofit design with construction oversight and project closeout. The lighting design shall include a comprehensive list of all materials required to install the retrofit for proposal purposes. The design shall identify where all new materials are to be installed. The County shall do a separate RFP to secure a price for all materials identified in the lighting retrofit design. The County shall do this RFP when the lighting design is at a point that it identifies all materials relating to the retrofit. The County will allow Rising Sun Enterprises, Inc. to submit a proposal for supplying the County with all materials.