HomeMy WebLinkAboutbocc.con.061.248/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 15021213.531000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Rich Englehart County Representative
Phone (970) 618-7232
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 115,000.00
$ -
$ -
$ 115,000.00
061.24
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
No
Owner's Representation Services for the Pitkin County Justice Center
Wember, Inc.
$115,000.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$-
$-
$-
$115,000.00
None
Services/Maintenance
1/12/2024
1/11/2025
New Contract
Manager's Office
Owner's Representative services for the Pitkin County Justice Center
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
Rev 2023.12.15 CDD
1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: County Manager
DATE: January 10, 2024
FROM: Rich Englehart, Deputy County Manager
Proposed Contractor: Wember, Inc.
Product/Service: Owner's Representative Services for the Pitkin County Justice Center
Estimated expenditure for the above Product/Service: $ 115,000.00
This form is required in documenting a Sole Source exception from an otherwise competitive bidding process
when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County,
or other factors are present that preclude other vendors from being able to provide the product(s), service(s),
and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples:
original manufacturer, no regional distributor, standardization etc):
Explain:
Pitkin County owns and operates the Justice Center to house and provide services to inmates. Over the
past 5 years, multiple studies and minor renovations have been performed in an effort to modernize the
Justice Center facility and to increase the safety of inmates, staff, and/or visitors. The County has
identified a number of updates that would be required to continue operations in the existing location, so
the next step will be to consider renovations to the existing facilities, a full tear-down and rebuild within
the same location, or the possibility to identify and build in a new location to fit the needs of the
community. In doing so, the County wishes to enter into a sole source Contract with Wember, Inc. to
provide Owner's Representative services and to assist with the evaluation, design review, and presentation
of the options available to the County. Wember acted as the County's Owner's Representative during the
Administration & Sheriff's Department building renovations, so the firm is uniquely knowledgable and
qualified to provide OR services which will ensure continuity of design, systems integrations, and County
initiatives. Wember, Inc. represents the best value and sole provider for these services in terms of time-
savings, cost effectiveness, familiarity with existing infrastructure, and standardization of design and
safety consideration.
Rev 2023.12.15 CDD
2
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Department Representative Department Director
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager Reason for Denial:
________________________________________
!#COUNTY MANAGER SOLE#! Date
Deputy County Manager
Rich Englehart
Jan-17-2024
County Manager
Jan-25-2024
Jon Peacock
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made January 10, 2024 by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Wember, Inc., a Colorado corporation, 453 Mediterranean Way, Grand Junction,
CO 81507 (hereinafter called the “Contractor”) to perform the following work: Owner's
Representation Services for the Pitkin County Justice Center (“Project”).
I. Term of Contract: The term of this Contract is from January 12, 2024 to January 11,
2025. At the expiration of the initial term, the contract may be extended for additional
terms of one (1) year by the express written consent of both parties through the
completion of the Project.
II. Contractor’s Obligations. As further described in the attached Proposal (“Attachment
A”), which are attached hereto and incorporated herein by reference, Contractor shall
provide Owner’s Representative services to the County for the duration of the County
Justice Center Project. The Services will be provided in accordance with Attachment
A and with the Contractor’s proposed project approach, schedule and budget, as
described in Contractor’s attached proposal, received on January 9, 2024.
County and Contractor agree that the hourly rates provided in Attachment A may
increase by no greater than 5% at the beginning of a new Calendar Year under this
Contract. Pitkin County has included an additional funding amount of $14,783.00
(~15%) as contingency should additional services be requested throughout the
performance of this Contract. Contractor agrees that these funds will only be approved
and paid as-incurred and with prior authorization from Project Lead.
III. 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 II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
One-Hundred Fifteen-Thousand dollars and No cents ($115,000.00) 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
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
2
within thirty (30) days of invoice. Any payment by the County may be offset by any
amount the Contractor owes the County for any reason.
IV. 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.
V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Rich Englehart, Pitkin County Deputy Manager will manage
the project as the County’s Representative. In the event that Rich Englehart is not
available, the County will designate an alternative representative who 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.
VI. 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.
VII. 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
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
3
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.
VIII. 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.
IX. 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.
X. 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.
XI. Indemnity. The Consultant agrees to indemnify and hold harmless the Owner, and its
officers and its employees, from and against any liability, demands, and expenses,
including reasonable court costs and attorney fees, on account of any injury, loss, or
damage which arise out of or are in any manner connected with the work to be
performed under this Agreement, if such injury, loss, or damage is caused by, or is
claimed to be caused by the negligent act, error or omission or other fault of the
Consultant or any officer or employee of the Consultant or any subconsultant of
Consultant, or any other person for whom Consultant is directly responsible. The
obligations of this Section shall not extend to any injury, loss, or damage which is
caused solely by the act, omission, or other fault of the Owner or parties under the
Owner's direct control.
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
4
With respect to losses or liability in excess of, or outside of, insurance coverage the
Owner agrees to the fullest extent permitted by law to limit the liability of the
Consultant to the Owner for any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, including attorney’s fees and
costs and expert witness fees and costs, so that the total aggregate liability of the
Consultant to the Owners Shall not exceed the value of the Agreement amount for the
Projects per the attached exhibits.
XII. 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 policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by 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. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of 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:
Coverage A (Workers’ Compensation) Statutory
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
5
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 Project(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: Statutory
Coverage Bodily/Property Damage (Each Accident)
$ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
6
a. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
h. ☐ Pollution Liability
i. ☐ 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 emailed directly to Procurement@pitkincounty.com. 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 Project Lead 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.
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
7
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.
XIII. 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.
XIV. 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.
XV. 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.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. 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.
XVIII. 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
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
8
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.
XIX. Prison Rape Elimination Act (PREA) Requirements per DOJ §115.17
The Contractor asserts that they, and their representatives, have not:
Engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)
Been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion,
of if the victim did not consent or was unable to consent or refuse; or
Been civilly or administratively adjudicated to have engaged in the activity
described.
Pitkin County does hereby certify that all contractors whom may come into contract
with inmates are required to undergo a criminal background check and the Contractor
has complied with this requirement.
XX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Rich Englehart
530 E. Main Street
Aspen, CO 81611
Email: Rich.Englehart@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
Wember, Inc., a Colorado corporation,
453 Mediterranean Way
Grand Junction, CO 81507
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
9
Phone: (970) 261-6360
Email: ddetwiler@wemberinc.com
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
10
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
WEMBER, Inc., a Colorado corporation,, INC.
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
PROJECT LEAD
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
Rich Englehart
Jan-17-2024
Deputy County Manager
Senior Project Manager
Dave Detwiler
County Manager
Jon Peacock
Jan-25-2024
Proposal
Project Name:Pitkin County Justice Center Site Evaluation
Wember Inc. Project Number: 2023.57
Purpose: Owner’s Representation Fee Proposal
Date: January 9, 2024
We appreciate the opportunity to submit a proposal to provide Owner’s Representation services for the Pitkin County Justic Center Site
Evaluation project.
PROJECT SCOPE AND APPROACH
Our understanding of the scope for Wember is as follows:
•The County desires to evaluate three (3) possible options for an improved Justice Center/Jail
o Expansion and renovation of the existing jail.
o Demolition of the existing jail and rebuilding on the current site with a possible larger footprint.
o A new facility to be located near the Public Works Facility. The possible disposition of the existing building will be
discussed in this study but a final conclusion may or may be reached in this study.
•The County, with Wember’s leadership, will put together a team tasked with establishing criteria to be used to evaluate each of
the options and make a recommendation to the Board of County Commissioners regarding the options.
•Wember will assist in preparing an RFQ/RFP for design services as needed to complete the design studies of each option.
•At this point it is intended to use the services of a General Contractor to prepare project estimates. It is assumed that the
County will solicit these services as a sole source so Wember is not including an time for an RFP or selection process for the
contractor or estimator.
•Wember’s Team will consist of:
o Dave Detwiler – Regional VP
o Cris Silverberg – Project Manager
o Paige Nee – Assistant Project Manager
•Project Approach – The work on this project will be led by Dave Detwiler. He will attend and lead all meetings and
presentations. Dave will be supported by Cris Silverberg and Paige Nee who will provide both technical and administrative
support. We anticipate team meetings will be held every other week. Wember will attend up to two (2) meetings per month in
person and the others remotely.
•Wember will make presentations the BOCC or other groups as required to complete this study and obtain approvals on the
final approach.
FEE AND HOURLY RATES 2024 (Rates increase annually at 5%):
REIMBURSABLE EXPENSES:
Reimbursable expenses are shown in the matrix and are included in the lump sum proposal.
•They include: Postage, couriers, parking (paid parking only), mileage (At current IRS rate), lodging, requested travel and
meals. Wember has included our software lease fee in our proposal.
•They exclude: Plots, conference call services, airfare, and other requested trips outside of the region including lodging, travel
and meals)
Pitkin County Justice Center
Staff Member 2024 Rate Pre-
Design
hours
Pre-
Design
Fees
Design
Phase
Hours
Design
Phase Fee
Total Fee
Senior PM/RVP - Dave Detwiler 173.00$ 69 11,985$ 234 40,451$
Project Manager - Cris Silverberg 137.00$ 48 6,525$ 156 21,356$
Assistant Project Manager - Paige Nee 105.00$ 6 682$ 19 2,046$
President - Paul Wember 200.00$ 4 800$ 8 1,600$
Reimbursable Project Costs 3,608$ 11,164$
127 $ 23,601 417 $ 76,617 $ 100,217 Total By Phase with Project Costs
bocc.con.061.24 Attachment A - Proposal
CLARIFICATIONS:
•Wember Inc. Fees do not include detailed cost estimating but do include estimate review & validation, as well as change
order review.
•Owner's Representation services will be billed monthly.
•Owner's Representation Services exclude defense of Owner for claims made against any consultant.
•Trips to areas outside of the project location have not been included in reimbursables.
•Anticipates one weekly OAC meeting for all projects and rotating locations of the meetings between projects. Site visits will be
made to each project every week.
•Per the addendum Wember scope of services related to the BEST Grant is to read and comment on what is generated by the
Owner.
Thank you.
David Detwiler
Regional Vice President – Mountain Region
970-261-6360
ddetwiler@wemberinc.com
bocc.con.061.24 Attachment A - Proposal
8
QUALIFICATIONS OF KEY PERSONNEL
Dave has over thirty-five years of construction management and owner's
representation. His previous experience as Director of Facilities for
Colorado Mesa University builds on his knowledge base from the Owner's
Perspective. Dave has successfully delivered numerous aquatic facility,
recreation, and park projects in throughout the Colorado Western Slope
and will bring his expertise to your project.
Dave Detwiler
Regional Vice President
Intelligent, professional, available
and accurate. His attention to detail
was constant, and saved the district
significant sums in terms of contract,
bid and invoice review. Their overall
leadership was a critical component in
keeping the project on schedule.
--Elizabeth Parker - Aspen School
Board President
RELEVANT PROJECT EXPERIENCE
≡Snowmass Library Master Plan| Snowmass, CO ≡Frisco On-Call | Frisco, CO ≡Town Hall Masterplan ≡Mesa County Public Library District Planning | Grand Junction, CO ≡Main Branch ≡Fruita Branch ≡Clifton Branch ≡Pitkin County | Aspen, CO ≡Public Works Masterplan ≡Pitkin County Sheriff Station & Administration Building* ≡Pitkin County Library* ≡Colorado Mesa University | Grand Junction, CO ≡New Performing Arts Center ≡Maverick Teaching Hotel* ≡Numerous other CMU projects completed* ≡Jackson Hole Classical Academy | Jackson, WY ≡Snowmass Village – Owl Creek/Brush Creek Roundabout| Snowmass, CO ≡Midland Avenue Streetscape | Basalt, CO ≡Basalt and Snowmass Fire Stations | Basalt, CO* ≡Carbondale Aquatics Center | Carbondale, CO
*prior to joining Wember
Bachelor of Science-Building
Construction
Virginia PolyTechnic Institute and State
University, Blacksburg, VA,
EDUCATION
ACCREDITATIONS
LEED Accredited Professional
OSHA 10-Hour Certification
Certified Construction Manager (CCM)
bocc.con.061.24 Attachment A - Proposal
9
QUALIFICATIONS OF KEY PERSONNEL
Cris has over thirty-six years of Design and Project Management
experience. He has worked with prominent clients on highly notable
projects. His expertise in planning and design bring value to setting up
projects for success. As a resident of Grand Junction he is accessible and
engaged with the community.
Cris Silverberg
Project Manager
RELEVANT PROJECT EXPERIENCE
≡FACEBOOK, Technology |Sunnyvale, CA ≡GOOGLE, Technology | San Francisco, CA ≡TIAA CREF | Denver, Colorado ≡ROLLING STONE MAGAZINE | New York, NY ≡GENENTECH, Life Science| San Francisco, CA
Colorado Institute of Art
EDUCATION
ACCREDITATIONS
Fitwell Ambassador
bocc.con.061.24 Attachment A - Proposal
10
QUALIFICATIONS OF KEY PERSONNEL
Paige supports our projects with her expertise in project controls such
as pay applications, invoicing, FF&E procurement, documentation
management and meeting coordination. Paige's background in
purchasing, administration, and project coordination will bring value to
your project.
Paige Nee
Assistant Project Manager
Paige was a pleasure to work with on
all our furniture procurements and
installations. Her attention to detail
was outstanding, and she worked very
well with the field crews to ensure
the installations went smoothly. She
also greatly understands procurement
policies and how to comply.
- Colorado Mesa Facilities Director
RELEVANT PROJECT EXPERIENCE
≡Mesa County Public Library District, Clifton Branch | Grand Junction, CO ≡Jackson Hole Classical Academy | Jackson, WY ≡Teton County/Jackson Recreation Center Addition | Jackson, WY ≡Frisco On-Call | Frisco, CO ≡Carbondale Aquatics Center | Carbondale, CO ≡Snowmass Village – Owl Creek/Brush Creek Roundabout| Snowmass, CO ≡Midland Avenue Streetscape | Basalt, CO ≡Pitkin County Public Works | Aspen, CO ≡City of Steamboat Springs On-Call | Steamboat Springs, CO ≡Colorado Mesa University | Grand Junction, CO ≡Moss Performing Arts Center ≡CMU Track ≡Tomilson Library Renovation* ≡Maverick Innovation Center* ≡Pinon Hall Renovation* ≡Garfield Hall* ≡Health Sciences Building* ≡Little Mavs Learning Center*
*prior to joining Wember
Bachelor of Science, Environmental
Science and Technology
Colorado Mesa University
Technical Certificate, Sustainability
Practices
Colorado Mesa University
Certificate, Global Leadership &
Sustainability Practices
Rocky Mountain Science & Sustainability
Network
EDUCATION
ACCREDITATIONS
OSHA 10-Hour Certification
bocc.con.061.24 Attachment A - Proposal
11
QUALIFICATIONS OF KEY PERSONNEL
Paul is a licensed architect, LEED accredited professional, and holds
an M.B.A. degree. His goal is for Wember to be the best in owners
representative services, and his dedication to every owner and project
reflects that. He has served as principal or project manager on over
200 projects focusing on community-based projects.
Paul Wember
President & Shareholder
Wember
Having licensed architects on the
Wember team, including Paul,
benefited our project during the site
selection, drawing and construction
phases. Their experience on public
projects brought forward processes
and solutions that led to a seamless
process.
- Barbara Milnor, Executive Director,
Basalt Regional Library District
RELEVANT PROJECT EXPERIENCE
≡Manitou Springs Master Plan / BEST Grant | Manitou Springs, CO ≡Loveland Library Feasibility Study | Loveland CO ≡High Plains Library District Master Plan| Greeley CO ≡Montrose Regional Library District Facility Assessment | Montrose &
Naturita, CO ≡Clearview Library Assessment | Windsor, CO ≡Westminster Library Strategic Plan | Westmister, CO ≡Castle Pines City Hall | Castle Pines, CO ≡Mesa County Public Library District, Clifton Branch | Grand Junction, CO ≡Routt County Health & Human Services | Steamboat Springs, CO ≡High Plains Library District | Greeley, CO ≡LINC Library and Innovation Center, Greeley, CO ≡Centennial Park Library Renovation, Greeley, CO ≡Erie Community Library Expansion & Renovation, Erie, CO ≡Elizabeth Library | Elizabeth, CO ≡Lyons Regional Library | Lyons, CO ≡Arapahoe County Library District| Centennial, CO ≡Eloise May Library ≡Sheridan Library ≡Streets at Southglenn Library
Masters of Business Administration
University of Phoenix
Bachelor of Science, Architectural
Studies
University of Nebraska at Lincoln
Licensed Architect, State of Colorado
EDUCATION
ACCREDITATIONS
OSHA 10-Hour Certification
LEED Accredited Professional
Contractor Quality Management(CQM) Certification
Adult & PediatricFirst Aid/CPR/AED
bocc.con.061.24 Attachment A - Proposal
8/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 15021213.531000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Rich Englehart County Representative
Phone (970) 618-7232
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 115,000.00
$ -
$ -
$ 115,000.00
061.24
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
No
Owner's Representation Services for the Pitkin County Justice Center
Wember, Inc.
$115,000.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$-
$-
$-
$115,000.00
None
Services/Maintenance
1/12/2024
1/11/2025
New Contract
Manager's Office
Owner's Representative services for the Pitkin County Justice Center
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
Rev 2023.12.15 CDD
1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: County Manager
DATE: January 10, 2024
FROM: Rich Englehart, Deputy County Manager
Proposed Contractor: Wember, Inc.
Product/Service: Owner's Representative Services for the Pitkin County Justice Center
Estimated expenditure for the above Product/Service: $ 115,000.00
This form is required in documenting a Sole Source exception from an otherwise competitive bidding process
when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County,
or other factors are present that preclude other vendors from being able to provide the product(s), service(s),
and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples:
original manufacturer, no regional distributor, standardization etc):
Explain:
Pitkin County owns and operates the Justice Center to house and provide services to inmates. Over the
past 5 years, multiple studies and minor renovations have been performed in an effort to modernize the
Justice Center facility and to increase the safety of inmates, staff, and/or visitors. The County has
identified a number of updates that would be required to continue operations in the existing location, so
the next step will be to consider renovations to the existing facilities, a full tear-down and rebuild within
the same location, or the possibility to identify and build in a new location to fit the needs of the
community. In doing so, the County wishes to enter into a sole source Contract with Wember, Inc. to
provide Owner's Representative services and to assist with the evaluation, design review, and presentation
of the options available to the County. Wember acted as the County's Owner's Representative during the
Administration & Sheriff's Department building renovations, so the firm is uniquely knowledgable and
qualified to provide OR services which will ensure continuity of design, systems integrations, and County
initiatives. Wember, Inc. represents the best value and sole provider for these services in terms of time-
savings, cost effectiveness, familiarity with existing infrastructure, and standardization of design and
safety consideration.
Rev 2023.12.15 CDD
2
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Department Representative Department Director
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager Reason for Denial:
________________________________________
!#COUNTY MANAGER SOLE#! Date
Deputy County Manager
Rich Englehart
Jan-17-2024
Jon Peacock
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made January 10, 2024 by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Wember, Inc., a Colorado corporation, 453 Mediterranean Way, Grand Junction,
CO 81507 (hereinafter called the “Contractor”) to perform the following work: Owner's
Representation Services for the Pitkin County Justice Center (“Project”).
I. Term of Contract: The term of this Contract is from January 12, 2024 to January 11,
2025. At the expiration of the initial term, the contract may be extended for additional
terms of one (1) year by the express written consent of both parties through the
completion of the Project.
II. Contractor’s Obligations. As further described in the attached Proposal (“Attachment
A”), which are attached hereto and incorporated herein by reference, Contractor shall
provide Owner’s Representative services to the County for the duration of the County
Justice Center Project. The Services will be provided in accordance with Attachment
A and with the Contractor’s proposed project approach, schedule and budget, as
described in Contractor’s attached proposal, received on January 9, 2024.
County and Contractor agree that the hourly rates provided in Attachment A may
increase by no greater than 5% at the beginning of a new Calendar Year under this
Contract. Pitkin County has included an additional funding amount of $14,783.00
(~15%) as contingency should additional services be requested throughout the
performance of this Contract. Contractor agrees that these funds will only be approved
and paid as-incurred and with prior authorization from Project Lead.
III. 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 II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
One-Hundred Fifteen-Thousand dollars and No cents ($115,000.00) 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
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
2
within thirty (30) days of invoice. Any payment by the County may be offset by any
amount the Contractor owes the County for any reason.
IV. 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.
V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Rich Englehart, Pitkin County Deputy Manager will manage
the project as the County’s Representative. In the event that Rich Englehart is not
available, the County will designate an alternative representative who 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.
VI. 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.
VII. 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
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
3
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.
VIII. 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.
IX. 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.
X. 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.
XI. Indemnity. The Consultant agrees to indemnify and hold harmless the Owner, and its
officers and its employees, from and against any liability, demands, and expenses,
including reasonable court costs and attorney fees, on account of any injury, loss, or
damage which arise out of or are in any manner connected with the work to be
performed under this Agreement, if such injury, loss, or damage is caused by, or is
claimed to be caused by the negligent act, error or omission or other fault of the
Consultant or any officer or employee of the Consultant or any subconsultant of
Consultant, or any other person for whom Consultant is directly responsible. The
obligations of this Section shall not extend to any injury, loss, or damage which is
caused solely by the act, omission, or other fault of the Owner or parties under the
Owner's direct control.
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
4
With respect to losses or liability in excess of, or outside of, insurance coverage the
Owner agrees to the fullest extent permitted by law to limit the liability of the
Consultant to the Owner for any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, including attorney’s fees and
costs and expert witness fees and costs, so that the total aggregate liability of the
Consultant to the Owners Shall not exceed the value of the Agreement amount for the
Projects per the attached exhibits.
XII. 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 policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by 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. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of 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:
Coverage A (Workers’ Compensation) Statutory
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
5
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 Project(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: Statutory
Coverage Bodily/Property Damage (Each Accident)
$ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
6
a. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
h. ☐ Pollution Liability
i. ☐ 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 emailed directly to Procurement@pitkincounty.com. 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 Project Lead 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.
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
7
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.
XIII. 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.
XIV. 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.
XV. 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.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. 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.
XVIII. 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
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
8
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.
XIX. Prison Rape Elimination Act (PREA) Requirements per DOJ §115.17
The Contractor asserts that they, and their representatives, have not:
Engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)
Been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion,
of if the victim did not consent or was unable to consent or refuse; or
Been civilly or administratively adjudicated to have engaged in the activity
described.
Pitkin County does hereby certify that all contractors whom may come into contract
with inmates are required to undergo a criminal background check and the Contractor
has complied with this requirement.
XX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Rich Englehart
530 E. Main Street
Aspen, CO 81611
Email: Rich.Englehart@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
Wember, Inc., a Colorado corporation,
453 Mediterranean Way
Grand Junction, CO 81507
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
9
Phone: (970) 261-6360
Email: ddetwiler@wemberinc.com
Contract # 061.24 Revision: 2024.01.10 CDD
Budget Line Item # 15021213.531000
10
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
WEMBER, Inc., a Colorado corporation,, INC.
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
PROJECT LEAD
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
Rich Englehart
Jan-17-2024
Deputy County Manager
Senior Project Manager
Dave Detwiler
Jon Peacock
Paul D. Wember, President
Proposal
Project Name:Pitkin County Justice Center Site Evaluation
Wember Inc. Project Number: 2023.57
Purpose: Owner’s Representation Fee Proposal
Date: January 9, 2024
We appreciate the opportunity to submit a proposal to provide Owner’s Representation services for the Pitkin County Justic Center Site
Evaluation project.
PROJECT SCOPE AND APPROACH
Our understanding of the scope for Wember is as follows:
•The County desires to evaluate three (3) possible options for an improved Justice Center/Jail
o Expansion and renovation of the existing jail.
o Demolition of the existing jail and rebuilding on the current site with a possible larger footprint.
o A new facility to be located near the Public Works Facility. The possible disposition of the existing building will be
discussed in this study but a final conclusion may or may be reached in this study.
•The County, with Wember’s leadership, will put together a team tasked with establishing criteria to be used to evaluate each of
the options and make a recommendation to the Board of County Commissioners regarding the options.
•Wember will assist in preparing an RFQ/RFP for design services as needed to complete the design studies of each option.
•At this point it is intended to use the services of a General Contractor to prepare project estimates. It is assumed that the
County will solicit these services as a sole source so Wember is not including an time for an RFP or selection process for the
contractor or estimator.
•Wember’s Team will consist of:
o Dave Detwiler – Regional VP
o Cris Silverberg – Project Manager
o Paige Nee – Assistant Project Manager
•Project Approach – The work on this project will be led by Dave Detwiler. He will attend and lead all meetings and
presentations. Dave will be supported by Cris Silverberg and Paige Nee who will provide both technical and administrative
support. We anticipate team meetings will be held every other week. Wember will attend up to two (2) meetings per month in
person and the others remotely.
•Wember will make presentations the BOCC or other groups as required to complete this study and obtain approvals on the
final approach.
FEE AND HOURLY RATES 2024 (Rates increase annually at 5%):
REIMBURSABLE EXPENSES:
Reimbursable expenses are shown in the matrix and are included in the lump sum proposal.
•They include: Postage, couriers, parking (paid parking only), mileage (At current IRS rate), lodging, requested travel and
meals. Wember has included our software lease fee in our proposal.
•They exclude: Plots, conference call services, airfare, and other requested trips outside of the region including lodging, travel
and meals)
Pitkin County Justice Center
Staff Member 2024 Rate Pre-
Design
hours
Pre-
Design
Fees
Design
Phase
Hours
Design
Phase Fee
Total Fee
Senior PM/RVP - Dave Detwiler 173.00$ 69 11,985$ 234 40,451$
Project Manager - Cris Silverberg 137.00$ 48 6,525$ 156 21,356$
Assistant Project Manager - Paige Nee 105.00$ 6 682$ 19 2,046$
President - Paul Wember 200.00$ 4 800$ 8 1,600$
Reimbursable Project Costs 3,608$ 11,164$
127 $ 23,601 417 $ 76,617 $ 100,217 Total By Phase with Project Costs
bocc.con.061.24 Attachment A - Proposal
CLARIFICATIONS:
•Wember Inc. Fees do not include detailed cost estimating but do include estimate review & validation, as well as change
order review.
•Owner's Representation services will be billed monthly.
•Owner's Representation Services exclude defense of Owner for claims made against any consultant.
•Trips to areas outside of the project location have not been included in reimbursables.
•Anticipates one weekly OAC meeting for all projects and rotating locations of the meetings between projects. Site visits will be
made to each project every week.
•Per the addendum Wember scope of services related to the BEST Grant is to read and comment on what is generated by the
Owner.
Thank you.
David Detwiler
Regional Vice President – Mountain Region
970-261-6360
ddetwiler@wemberinc.com
bocc.con.061.24 Attachment A - Proposal
8
QUALIFICATIONS OF KEY PERSONNEL
Dave has over thirty-five years of construction management and owner's
representation. His previous experience as Director of Facilities for
Colorado Mesa University builds on his knowledge base from the Owner's
Perspective. Dave has successfully delivered numerous aquatic facility,
recreation, and park projects in throughout the Colorado Western Slope
and will bring his expertise to your project.
Dave Detwiler
Regional Vice President
Intelligent, professional, available
and accurate. His attention to detail
was constant, and saved the district
significant sums in terms of contract,
bid and invoice review. Their overall
leadership was a critical component in
keeping the project on schedule.
--Elizabeth Parker - Aspen School
Board President
RELEVANT PROJECT EXPERIENCE
≡Snowmass Library Master Plan| Snowmass, CO ≡Frisco On-Call | Frisco, CO ≡Town Hall Masterplan ≡Mesa County Public Library District Planning | Grand Junction, CO ≡Main Branch ≡Fruita Branch ≡Clifton Branch ≡Pitkin County | Aspen, CO ≡Public Works Masterplan ≡Pitkin County Sheriff Station & Administration Building* ≡Pitkin County Library* ≡Colorado Mesa University | Grand Junction, CO ≡New Performing Arts Center ≡Maverick Teaching Hotel* ≡Numerous other CMU projects completed* ≡Jackson Hole Classical Academy | Jackson, WY ≡Snowmass Village – Owl Creek/Brush Creek Roundabout| Snowmass, CO ≡Midland Avenue Streetscape | Basalt, CO ≡Basalt and Snowmass Fire Stations | Basalt, CO* ≡Carbondale Aquatics Center | Carbondale, CO
*prior to joining Wember
Bachelor of Science-Building
Construction
Virginia PolyTechnic Institute and State
University, Blacksburg, VA,
EDUCATION
ACCREDITATIONS
LEED Accredited Professional
OSHA 10-Hour Certification
Certified Construction Manager (CCM)
bocc.con.061.24 Attachment A - Proposal
9
QUALIFICATIONS OF KEY PERSONNEL
Cris has over thirty-six years of Design and Project Management
experience. He has worked with prominent clients on highly notable
projects. His expertise in planning and design bring value to setting up
projects for success. As a resident of Grand Junction he is accessible and
engaged with the community.
Cris Silverberg
Project Manager
RELEVANT PROJECT EXPERIENCE
≡FACEBOOK, Technology |Sunnyvale, CA ≡GOOGLE, Technology | San Francisco, CA ≡TIAA CREF | Denver, Colorado ≡ROLLING STONE MAGAZINE | New York, NY ≡GENENTECH, Life Science| San Francisco, CA
Colorado Institute of Art
EDUCATION
ACCREDITATIONS
Fitwell Ambassador
bocc.con.061.24 Attachment A - Proposal
10
QUALIFICATIONS OF KEY PERSONNEL
Paige supports our projects with her expertise in project controls such
as pay applications, invoicing, FF&E procurement, documentation
management and meeting coordination. Paige's background in
purchasing, administration, and project coordination will bring value to
your project.
Paige Nee
Assistant Project Manager
Paige was a pleasure to work with on
all our furniture procurements and
installations. Her attention to detail
was outstanding, and she worked very
well with the field crews to ensure
the installations went smoothly. She
also greatly understands procurement
policies and how to comply.
- Colorado Mesa Facilities Director
RELEVANT PROJECT EXPERIENCE
≡Mesa County Public Library District, Clifton Branch | Grand Junction, CO ≡Jackson Hole Classical Academy | Jackson, WY ≡Teton County/Jackson Recreation Center Addition | Jackson, WY ≡Frisco On-Call | Frisco, CO ≡Carbondale Aquatics Center | Carbondale, CO ≡Snowmass Village – Owl Creek/Brush Creek Roundabout| Snowmass, CO ≡Midland Avenue Streetscape | Basalt, CO ≡Pitkin County Public Works | Aspen, CO ≡City of Steamboat Springs On-Call | Steamboat Springs, CO ≡Colorado Mesa University | Grand Junction, CO ≡Moss Performing Arts Center ≡CMU Track ≡Tomilson Library Renovation* ≡Maverick Innovation Center* ≡Pinon Hall Renovation* ≡Garfield Hall* ≡Health Sciences Building* ≡Little Mavs Learning Center*
*prior to joining Wember
Bachelor of Science, Environmental
Science and Technology
Colorado Mesa University
Technical Certificate, Sustainability
Practices
Colorado Mesa University
Certificate, Global Leadership &
Sustainability Practices
Rocky Mountain Science & Sustainability
Network
EDUCATION
ACCREDITATIONS
OSHA 10-Hour Certification
bocc.con.061.24 Attachment A - Proposal
11
QUALIFICATIONS OF KEY PERSONNEL
Paul is a licensed architect, LEED accredited professional, and holds
an M.B.A. degree. His goal is for Wember to be the best in owners
representative services, and his dedication to every owner and project
reflects that. He has served as principal or project manager on over
200 projects focusing on community-based projects.
Paul Wember
President & Shareholder
Wember
Having licensed architects on the
Wember team, including Paul,
benefited our project during the site
selection, drawing and construction
phases. Their experience on public
projects brought forward processes
and solutions that led to a seamless
process.
- Barbara Milnor, Executive Director,
Basalt Regional Library District
RELEVANT PROJECT EXPERIENCE
≡Manitou Springs Master Plan / BEST Grant | Manitou Springs, CO ≡Loveland Library Feasibility Study | Loveland CO ≡High Plains Library District Master Plan| Greeley CO ≡Montrose Regional Library District Facility Assessment | Montrose &
Naturita, CO ≡Clearview Library Assessment | Windsor, CO ≡Westminster Library Strategic Plan | Westmister, CO ≡Castle Pines City Hall | Castle Pines, CO ≡Mesa County Public Library District, Clifton Branch | Grand Junction, CO ≡Routt County Health & Human Services | Steamboat Springs, CO ≡High Plains Library District | Greeley, CO ≡LINC Library and Innovation Center, Greeley, CO ≡Centennial Park Library Renovation, Greeley, CO ≡Erie Community Library Expansion & Renovation, Erie, CO ≡Elizabeth Library | Elizabeth, CO ≡Lyons Regional Library | Lyons, CO ≡Arapahoe County Library District| Centennial, CO ≡Eloise May Library ≡Sheridan Library ≡Streets at Southglenn Library
Masters of Business Administration
University of Phoenix
Bachelor of Science, Architectural
Studies
University of Nebraska at Lincoln
Licensed Architect, State of Colorado
EDUCATION
ACCREDITATIONS
OSHA 10-Hour Certification
LEED Accredited Professional
Contractor Quality Management(CQM) Certification
Adult & PediatricFirst Aid/CPR/AED
bocc.con.061.24 Attachment A - Proposal
Certificate Of Completion
Envelope Id: 0CF145DCD697461E86A8DFAB80C16A73 Status: Completed
Subject: Wember, Inc.| Pitkin County Contract 061.24 for Review and Signature
Source Envelope:
Document Pages: 38 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 1 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 98.97.152.176
Record Tracking
Status: Original
1/12/2024 10:35:08 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Connie Baker
connie.baker@pitkincounty.com
Budget Director
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.34.102.73
Sent: 1/12/2024 10:40:49 AM
Viewed: 1/12/2024 10:43:36 AM
Signed: 1/12/2024 10:44:07 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rich Englehart
Rich.Englehart@PitkinCounty.com
Deputy County Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.196.171.154
Sent: 1/12/2024 10:44:09 AM
Viewed: 1/12/2024 1:06:12 PM
Signed: 1/17/2024 8:25:51 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Detwiler
ddetwiler@wemberinc.com
Senior Project Manager
Security Level: Email, Account Authentication
(None)
Uploaded paper with hand
signature
Signature Adoption: Signed on Paper
Using IP Address: 47.37.7.41
Sent: 1/17/2024 8:25:53 PM
Viewed: 1/24/2024 4:10:28 PM
Signed: 1/24/2024 4:10:28 PM
Electronic Record and Signature Disclosure:
Accepted: 3/22/2023 5:34:44 AM
ID: a02ba024-fc2b-4975-a909-15aaacc0fd25
Company Name: Pitkin County, Colorado
Jon Peacock
jon.peacock@pitkincounty.com
County Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 73.3.253.100
Sent: 1/24/2024 4:10:30 PM
Resent: 1/25/2024 2:38:41 PM
Viewed: 1/25/2024 3:39:59 PM
Signed: 1/25/2024 3:40:51 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 1/25/2024 3:40:53 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 1/25/2024 3:40:53 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/12/2024 10:40:50 AM
Envelope Updated Security Checked 1/12/2024 1:08:05 PM
Envelope Updated Security Checked 1/12/2024 1:08:05 PM
Envelope Updated Security Checked 1/25/2024 2:38:40 PM
Certified Delivered Security Checked 1/25/2024 3:39:59 PM
Signing Complete Security Checked 1/25/2024 3:40:51 PM
Completed Security Checked 1/25/2024 3:40:53 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
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you've reviewed, processed or signed via email. Should you require copies of these signed
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documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
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Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Dave Detwiler
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