HomeMy WebLinkAboutbocc.con.104.1999PITKIN COUNTY CONTRACT CONTRACT # 1Dy
AGREEMENT
THIS AGREEMENT, made as of the 22nd day of January, 1999, by and between the County of
Pitkin, Colorado, a Colorado home -rule county, (hereinafter called the COUNTY) Performance Technologies,
Inc. (hereinafter called the Engineer).
WITNESSETH, that whereas the County intends to Engineer and Design an HVAC system for
the Courthouse Plaza, hereinafter called the PROJECT, in accordance with the terms and conditions outlined
in the Request for proposals.
NOW, THEREFORE, the County and the Engineer, for the considerations hereinafter set
forth, agree as follows:
1. THE ENGINEER AGREES to furnish all the necessary labor, materials, equipment, tools and
services necessary to complete in a workmanlike manner all tasks required within the scope of work for the
completion of the Project, in strict compliance with the contract documents herein mentioned, which are
made a part of this contract.
a. CONTRACT TIME AND LIQUIDATED DAMAGES. Work under this Agreement shall be
commenced by February 5, 1999, and shall be substantially completed by July 31, 199, or the Engineer
hereby agrees to pay County Liquidated Damages in the amount of $100 per calendar clay for each day or
part of a day the Project is not completed by the completion date here established.
b. SUB -CONTRACTORS. The Engineer agrees to bind every sub -contractor by the
terms of the Contract Documents. The Contract Documents shall not be construed as creating any con-
tractual relationship between the sub -contractor and the County.
2. THE COUNTY AGREES to pay, and the Engineer agrees to accept, in full payment for the
performance of this Contract, the Contract with a top set of $16,256.00, as further defined in Section iii. of
these documents, subject to increase or decrease in accordance with the provisions of the Contract
Documents.
a. Progress payments shall be made in accordance with these Contract Documents.
3. CONTRACT DOCUMENTS. In the event that any provision of one Contract Document
conflicts with the provision of another, the provision in the Contract Document listed first below shall
govern, except as otherwise specifically stated:
Agreement
ii. Request for Proposal
Proposal (scope of work)
iv. General Conditions
v. Required Clauses
vi. Change Order Form
vii. Notice of Non-compliance
4. AUTHORITY AND RESPONSIBILITY OF THE PROJECT MANAGER. All work shall be done under
the general supervision and direction of the Project Manager or her designee. The Project Manager shall
decide any and all questions which may arise as to the quality and acceptability of materials furnished, work
performed, rate of progress of the work, interpretation of the Contract, change orders (within the limits of
her authority) and all other questions as to the compliance with the Contract on the part of the Engineer.
5. SUCCESSORS AND ASSIGNS. This Agreement and all of the covenants hereof shall insure
to the benefit of and be binding upon the County and the Contractor respectively and their agents,
representatives, employees, successors, assigns and legal representatives. Neither the County nor the
Engineer shall have the right to assign, transfer or sublet his interest or obligations hereunder without the
written consent of the other party.
6. THIRD PARTIES. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Engineer or County may
assign this Agreement in accordance with the specific written permission, any rights to claim damages or to
bring any suit, action or other proceeding against either the County or Engineer because of any breach
hereof or because of any of the terms, covenants, agreements or conditions herein contained.
7. WAIVER. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or operate
as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be
performed, kept and observed by the other party.
8. AGREEMENT MADE IN COLORADO. The parties agree that this Agreement 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.
9. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's
fees.
10. WAIVER OF PRESUMPTION. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of this Agreement.
11. AUTHORIZED REPRESENTATIVE. The undersigned representative of Engineer, as an
inducement to the County to execute this Agreement, represents that he/she is an authorized represen-
tative of Engineer for the purposes of executing this Agreement and that he/she has full and complete
authority to enter into this Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and
year first above written.
COUNTY OF PITKIN, COLORADO
Temple GIaier, ijriC Manager
76 Service Center oad
Aspen CO 81611
APPROVED AS TO CONJENT:
et, Deputy Director of Public Works
Performance Technologi% IpROVED BY BOCC
0
By:
o n McAllister
7825 Swaps, Suite 100
Evergreen CO 80439
1.7;‘CRS atA
PITKIN COUNTY, COLORADO
REQUEST FOR PROPOSALS
PROPOSER'S INSTRUCTIONS AND SCOPE OF SERVICES
FOR THE
Courthouse Plaza HVAC Engineering and Design
RFP #1999-01
PROPOSALS MUST BE SUBMITTED NO LATER THAN
January 13, 1999, 12:00 PM
REQUEST FOR PROPOSALS
Courthouse Plaza HVAC Engineering and Design
1. Introduction
ENGINEERING AND DESIGN SERVICES
Pitkin County (hereinafter the "County") will accept proposals from interested parties for the
Pitkin County Courthouse Plaza HVAC Engineering and Design (hereinafter the "Project"). The
Courthouse Plaza is located at 530 E Main Street, Aspen Colorado.
II. SCOPE OF WORK
1. The intent of the project is to design, develop and engineer a HVAC system for the
Courthouse Plaza for bidding purposes. The design is to be broke down into each
component with cost analysis for future budgeting purposes. Pitkin County has budgeted
money in 1999 to do some of the work, the rest will be budgeted in future years. The entire
project with costs will be prioritized to determine what should be completed in 1999 and
what should be budgeted in future years.
2. The existing system consists of one gas fired roof top unit that serves all of the second and
third floors and the open area of the first floor Clerk and Recorders area with one
thermostat. One outside electric unit on the ground in the back of the building that serves
the basement with one thermostat. This unit has two add on defusers that serves the first
floor outer wall of the BOCC meeting room. During the 1992 remodel of the first floor two
new electric units were added on the ceiling to provide heat to the first floor, each with one
thermostat. One unit provides heat to the BOCC meeting room and their secretary's office
the other provides heat to the archive and records rooms. Previous to this the roof top unit
provided heat to the entire first floor. The roof top unit also provided heat to the basement.
This duct work as been disconnected.
It would be the desire to rid the building of all electric heat. The building currently does not
contain a boiler. If this is a suggested alternative the County will review the alternative with
the successful proposer. We will try to rid the building of as much as possible of electric heat.
Blue prints for the building do exist but the accuracy of them is questionable. They have not
been updated from all remodels.
3. It is the intent to replace the roof top unit with a new indirect evaporative cooling unit along
heating capacity. We will look at the other two units for replacement possibilities with that
same type unit.
4. Additional temperature zones with thermostats. It is envisioned that as many as six for the
first floor, eight for the second floor, six for the third floor and two for the basement with
the option to add more as the use of the space changes will be required. Zones per floor
shall be pending final analysis with successful proposer.
It is anticipated that for each temperature zone the duct work will be looked at and there will
be variable air volume boxes with variable air volume temperatures systems.
It is the intent to have the design process with cost breakdown completed by February 26,
1999. The design after prioritization will then go out to bid for construction. It is anticipated
that the successful proposer will then commission the project.
6. The successful proposer shall be expected to work around and in conjunction with all the
various work stations.
7. Looking at loads and the possible reduction of them shall be include as part of the process. A
lighting retrofit analysis shall be provided to the successful proposer for load calculation
purposes. Sizing of any new unit shall be done in accordance with new load calculations.
8. The Courthouse Plaza is a four story building, 4000 square feet per floor.
9. HVAC system needs to be Y2K Compliant.
III. SELECTION PROCESS
A. Submittals
1. Proposer shall submit Four (4) copies of their proposals for this project as
outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as
developed by Proposer in response to and in accordance with this Request for Proposals and
Information to Proposers attached hereto. The format for such proposals shall be as follows:
a. The proposal must contain name, address, and daytime phone number(s) for person(s)
to whom additional selection process requests should be communicated;
b. A proposed approach (basic description of how Proposer will proceed with this
project), time -table for the project, and proposed method of compensation for services
rendered;
c. A statement of Qualifications of the Proposer;
d. References;
e. A completed Proposal Form;
2. Proposer may be required to supply additional information upon request, or to make
additional submissions under secondary selection criteria, if necessary.
3. All Proposals shall be sent, and any and all questions or comments directed to the Project
Manager as follows:
Temple Glassier, Project Manager
76 Service Center
Aspen CO 81611
970-920-5211
4. All proposals must be in a sealed envelope and clearly marked in the lower left hand
corner: "Proposals for Courthouse Plaza HVAC Engineering and Design". All proposals must be
received by Wednesday, January 13, 1999, 12:00 PM at which time they will be publicly opened.
The County will not accept facsimile (faxed) proposals unless such a proposal is delivered as
follows:
If a proposal or part of a proposal is to be delivered to the above address via a facsimile
transmission (fax machine), it will be the responsibility of the Proposer to provide personnel to
insure that the fax transmission is delivered in the required sealed envelope directly to the
Project Manager by or before the date and time of proposal opening. The Project Manager or
other staff members will not be responsible for insuring this timely delivery. In the event of
such fax transmission, the Proposer will be additionally responsible for providing an original,
signed copy of the document transmitted to the Office of the Project Manager no later than
two.(2) working days after the date of transmission, and for the production of the required set
of three (3) copies.
5. During the Request for Proposal selection process, all proposals shall remain confidential.
The entire selection process (procurement) file shall be opened to the public (which includes all
proposers) after an agreement is approved by the County, except those items for which
confidentiality has been requested in writing by the Proposer, and providing that the County
Attorney has reviewed and determined this to be the properly confidential under the State
Open Records Act and other relevant statutes and regulations.
B. Evaluation Criteria
Approach to Project (30%)
The Engineer/Consultant shall prepare a brief statement as to how he intends to
handle:
- the Project
- the Project schedule
- the personnel assignments, including qualifications and experience of those
personnel
-the time estimates of personnel assigned to the Project
- other pertinent facts
List of Similar Work (20%)
The Engineer/Consultant shall submit examples of work with governmental agencies
and work of similar size and type.
Availability (15%)
The Engineer/Consultant shall staff and complete the Project to the point of bidding
in a timely fashion.
The Engineer/Consultant should include a time table for completion of project.
4
Estimated Cost of Services, including Reimbursable (30%)
The Engineer/Consultant shall list all cost assumed necessary to provide a completed
product, including cost of sub -consultants, reimbursable, and miscellaneous.
The Engineer/Consultant shall provide a list of standard hourly rates for personnel, in
general, i.e.:
principal engineer
technician
etc.
List of References, Prior Clients, especially, Local, State, and Federal Government (5%)
C. Time Line
January 13,1999-12:OOPM Submittals returned to the County.
January 14,1999 The selection committee meets to review
and evaluate proposals
January 15,1999
January 18,1999
January 19,1999
requests additional information, if necessary
"short lists," if necessary
Announce top -ranked proposer.
Begin contract negotiations.
January 27,1999 The Board of County Commissioner's approval of
the contract. Notice of Award
February 5,1999
C. Selection Committee
Voting Membership
Temple Glassier, Project Manager
Scott Mackey, Facilities Manager
Lyn Byars, Facilities Management
Legal Counsel, Ex-Officio Member
John Ely, County Attorney
Notice to Proceed
Communications between proposers and any members of the selection committee during
the selection process, except when and in the manner expressly authorized by the
proposal documents, is strictly prohibited. Violation of this requirement is grounds
for disqualification from the process.
5
D. Miscellaneous
The entire selection process (procurement) file shall be open to the public after the contract
is approved, except as to the those items which confidentiality has been requested in
writing by the proposers and has been reviewed and determined by the County
Attorney to be properly confidential under the State Open Records Act and other
relevant statutes and regulations.
Unsuccessful applicants are entitled to a prompt debriefing by the project managers,
individually or in a group, at the discretion of the project managers, on reason(s) for
lack of success; but, are expressly not entitled to a point -by -point comparison to other
proposers.
All proposal documents submitted and not withdrawn prior to the public opening shall
become the property of the County and may, thereafter, be used by the County
without compensation to the proposer for any lawful purpose.
6
4 PROPOSAL FORM
Proposal Time:
Proposal Date:
From:
TO:
For:
12:00 PM
January 13, 1999
THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Temple Glassier, Project Manager
76 Service Center Road
Aspen CO 81611
Courthouse Plaza HVAC Engineering and Design
530 E Main
Aspen CO 81611
Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined
the Contract Documents, including the site of the proposed work and being familiar with conditions
surrounding the construction of the proposed Project, including the availability of materials and labor
hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform
the work for the project identified above and listed below and as detailed in the Contract Documents
for the sum of:
Engineering and Design of HVAC System
The lump sum of Dollars (5
Commissioning of Construction of project
The lump sum of Dollars (5
The Engineering and Design portion of the project will be completed within working
days of initiating the Work.
Description:
(BREAKDOWN OF SPECIFICS FOR PROPOSALS)
It is further understood that the right is reserved by the Owner to reject any and all proposals and it is
agreed that the Dids may not be withdrawn for a period of ten (10) days from specified time for
receiving bids.
The undersigned agrees that upon notification of acceptance of this proposal, it will execute a
Contract for the above stated work for the above compensation within the scheduled mutually
determined.
The proposer hereby certifies:
A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed
person, firm or corporation and is not submitted in conformity with any agreement of rules of
any group, association, or corporation.
B. That it has not directly or indirectly induced or solicited any other proposer to put in a false
proposal.
C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing.
The Proposer acknowledges receipt of Addenda's Nos.
The right is reservecf to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this day of ,199_.
(Corporate seal) THE PROPOSER
SIGNATURES: If the proposal is being submitted by a Corporation, the proposer should be signed by an
officer, i.e. President or vice-president. The signature of the officer signing shall be
attested to by the secretary and properly sealed. If the proposal is being submitted by
an individual ora partnership, the proposal shall so indicate and be properly signed.
Performance Technologies, Inc.
*PROPOSAL FORM
Proposal Time:
Proposal Date:
From:
12:00 PM
January 13, 1999
Pitkin County Courthouse Plaza
Performance Technologies, Inc,
John McAllister, President
7825 Swaps, Suite 100
Evergreen, CO 80439 Phone: 303-674-3853 Fax: 303-674-3305
TO: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Temple Glassier, Project Manager
76 Service Center Road
Aspen, CO 81611
For:
Courthouse Plaza HVAC Engineering and Design
530E Main
Aspen, CO 81611
Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the
Contract Documents, including the site of the proposed work and being familiar with conditions
surrounding the construction of the proposed Project, including the availability of materials and labor
hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the
work for the project identified above and listed below and as detailed in the Contract Documents for the
sum of:
Engineering and Design of HVAC System
The lump sum of Sixteen Thousand Two Hundred Fifty-six and no/100 Dollars ($ 16.256.00 )
Commissioning of Construction of project
The lump sum of Five Thousand Nine Hundred Thirty-four and no/100 Dollars ($ 5.943.00 )
The Engineering and Design portion of the project will be completed within 22 working days of initiating
the Work.
Description:
(see attached proposal)
it is further understood that the right is reserved by the Owner to reject any and all proposals and it is
agreed that the bids may not be withdrawn for a period often (10) days from specified time for receiving
bids.
January 1999
Performance Technologies, Inc. Pitkin County Courthouse Plaza
The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract
for the above stated work for the above compensation within the scheduled mutually determined.
The proposer hereby certifies:
A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed
person, fine or corporation and is not submitted in conformity with any agreement of rules of any
group, association, or corporation.
B. That it has not directly or indirectly induced or solicited any other proposer to put in a false
proposal.
C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing.
The Proposer aclmowledges receipt of Addenda's Nos. -None-
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Attested to:
Dated this 12 day of January, 1999.
Perfo Jan Technogies, Inc.
hn McAllister, President
7825 Swaps, Suite 100
Evergreen, CO 80439
Michael Micci, Vice President/Secretary
7825 Swaps, Suite 100
Evergreen, CO 80439
My Cmirialim Ecirsi 01/02001
SIGNATURES: If the proposal is being submitted by a Corporation, the proposer should be signed by an
officer, i.e. President or vice-president. The signature of the officer signing shall be
attested to by the secretary and property sealed. If the proposal is being submitted by an
individual or a partnership, the proposal shall so indicate and be property signed.
January 1999
Performance Technologies, Inc. Pitkin County Courthouse Plaza
Courthouse Plaza
Approach
Findings:
The Courthouse Plaza was built in 1975 as a retail and resturant/bar facility. Years later it was
acquired by the county and converted to office space. The HVAC systems are nearing the end of
their useful life and suffer from poor zone control and lack of insulation in single course brick
walls. The three upper floors of the four story building are heated with electric radiant ceiling
panels and electric baseboard along the walls. A 800,000 Btuh Hastings indirect fired make -up
air unit located on the roof provides approximately 13,000 cfrn of air movement and some
ventilation. The RTU air flow is appears to be sized about right (approximately 1 cfm per square
foot); however, the mixed air controls are not functioning and therefore the amount of outside or
fresh air being introduced is questionable. For minimum required ventilation of 20 cfm per
occupant, approximately 2,000 cfm of fresh air is required during occupied periods. The rooftop
unit is in very bad shape and requires significant attention from the maintenance department just
to keep it going. The unit provides little ventilation as the controls are in disrepair, and outside air
and return air dampers appear to be in a fixed position. The outside air dampers did not close as
they are supposed to do, when the unit was shut off - this allows cold air into the building and
heated air to be convectively "dumped" to the outside.
There is no cooling system other than the limited ability to provide fresh air, and with the controls
in poor shape, the unit generally operates with fixed damper positions bringing in a set amount of
outside air. The duct work for the rooftop unit serves three floors including at least five zones
each requiring individual control. This RTU has only one thermostat controlling the entire
system. The air quantities provided to individual spaces apparently have not been revised in many
years and after remodels. The required air flow to a space is directly proportional to the cooling
load. As space loads (computers, square footage, lights, windows area and exposure, people,
etc.) change, the air supplied to the space should be recalculated to offset the loads. A remodel
of the BOCC area on the first floor included the installation of two AEX air to air heat exchangers
to provide tempered fresh air to meeting rooms. Domestic Hot Water (DHW) is provided by
small 40 gallon electric hot water heaters.
The Garden level used to be a restaurant and bar and is served by a 4,000 cfin Temptrol constant
volume, single zone rooftop unit located on a pad behind the building. It provides heat and
ventilation. The heat section consists of a 50 kW electric heating coil. Duct mounted electric
reheat coils have been disconnected as they are not needed. The controls of the unit require
upgrading and do not provide for adequate outdoor air. Recent remodels have not included air
balance for the new space configurations and people and equipment loads.
January 1999
r
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Performance Technologies, Inc. Pitkin County Courthouse Plaza
Recommendations:
Approach:
One of the first areas that should be addressed is the building envelope or specifically the walls.
The heating and cooling load can be significantly reduced thereby improving comfort and
reducing the cost of heating and cooling. The walls, especially the west corridor walls and the
north walls should be insulated probably with a mechanically applied composite of gypsum
wallboard over 1.5" of polyurethane or polyisocyanurate insulation.
The building occupants require manageable heating, ventilation, and cooling to be productive and
healthy. The building needs a major retrofit for the upper three floors. The new system should be
a rooftop unit that uses most of the existing ductwork. The new rooftop unit should include an
indirect/direct evaporative cooling system and gas fired heating. The indirect/direct evaporative
cooling system provides the cooling required with less than 25% of the energy required by DX
style mechanical cooling systems. There are no HCFC or refrigerants to manage. The climate
and building load are an excellent match for such a system. Maintenance must be performed as
with any system but can easily be accomplished by in-house staff without the need for any
specialized equipment.
The RTU should be configured for a variable air volume and temperature system. The urgent
need to replace the RTU and the existing budget may not allow for the zone control and duct
modifications necessary for the complete retrofit this year. The new RTU can be designed to be
modified at a later date to accommodate the balance of a VAV/VVT system.
The duct work should be modified to match the zones and variable air volume/temperature system
boxes installed to provide zone controls.
The existing electric heating systems should reduced to the point of elimination. A few radiant
panels and baseboard units will probably need to be retained; but most should be disconnected or
controlled as back-up only after the new HVAC system is in place.
Specific Recommendations:
A) Replace the existing rooftop unit with a properly sized unit that supplies 12,000-15,000 cfm
of air the three floors. The new unit should be configured as a variable air volume and
temperature system with an indirect/direct evaporative cooling system. The ductwork to the
spaces should be modified to include at least five zones per floor with VVT control boxes
adjusting air flow and temperature in each of the zones.
It may be possible to extend the RTU system to serve the basement/garden level area and thereby
eliminate the Temptrol unit located in the back of the building.
B) Insulate the single course brick walls (see architectural section); if possible do this first.
January 1999
Performance Technologies, Inc. Pitkin County Courthouse Plaza
C) Replace the Garden level Temptrol RTU with a new unit supplying approximately
4,000-5,000 cfm with VVT controls and indirect/direct evaporative cooling and gas heating
section. (Determine if this area can be served by the main RTU instead of a separate unit)
D) Perform an air balance of the entire building after the new systems are installed and the
engineering and controls have been completed to set airflows and comfort levels to new design.
E) Install DDC building automation system for temperature control, remote troubleshooting and
alarm capabilities, maintenance management, and energy monitoring and control. The system
would include approximately 45 points including both RTUs and numerous temperature sensor
points and on -site twist timer style override controllers for unscheduled after hours HVAC
control.
F) Install a gas fired domestic hot water heater system -replacing electric units.
G) Put the building on a common gas meter with the courthouse and the jail with submetering of
the building installed to account for usage in the individual building.
Energy Use/Cost Analysis:
The cost of providing the courthouse plaza with heating, lighting, ventilation, and air
conditioning is higher than necessary. The facility costs more than $30,000 per year to heat or
$1.88 per square foot. The building operates at about 198,000 BTU per square foot per year.
This is similar to a miles per gallon rating for buildings. An annual use of around 80,000 -100,000
BTU/sf is typical for this climate region. This indicates that the building is operating far less
efficiently than expected and translates into a potential operating cost savings of over $15,000 per
year with the recommended improvements and proper controls.
Electric use is the greatest cost amounting to $25,943 of the $30,000 annual cost or almost 86%.
The relative cost of electricity and natural gas for the courthouse are $21.44 and $2.13 per million
BTU respectively. It is much more cost effective to heat with gas than electricity. It will pay to
convert electric heating systems to natural gas and ensure they are functioning properly rather
than adding electric heat to areas. This quick analysis indicates that the areas to target to reduce
operating costs are heating, controls, and lighting.
The following schedule and personnel assignment tables indicate our time frames,
design/commissioning steps, and cost breakouts. These are preliminary and a final scope and cost
can be negotiated with Pitkin County.
To summarize the project costs,
Basic Design Services = $12,770
with Construction Observation= $ 1,680
Reimbursables = $ 1.806
Total = $16,256
January 1999
Performance Technologies, Inc. Pitkin County Courthouse Plaza
Commissioning Services = $ 4,820
Reimbursables =
List of Similar Projects:
$ 1,114
$ 5,934
Pitkin County HHS building
Pitkin County Airport
Pitkin County Facilities Survey
Yuma County HHS Remodel
Yuma County Jail Addition/Remodel
Yuma County Courthouse HVAC Remodels
Sedgwick County Health Center
City of Holyoke Municipal Pool
You have copies of our work for the Pitkin County projects. Please call if you would like
additional information or drawings.
Compensation: We invoice for hours and reimbursables completed on a monthly basis and the
client withholds a retainage of 10% until the design services are accepted in full.
January 1999
Page 1 of 1
PERFORMANCE TECHNOLOGIES, INC. SURVEY SCHEDULE
Estimated Progress: //////
Actual Progress: XXX)(XX
Project Name: Project Location:
PITKIN COUNTY COURTHOUSE PLAZA [Aspen, Colorado
Project Manager: Date:
Design Phase lIBid Phase p Construction Phase
Based on a Notice to Proceed on FEB 5 Week beginning:
Start Finish 1 2 3 4 5 6 7 8 11 12 13 14 17 18 21 22 23 24
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—JuVAud
Work Item
!Assemble Survey Forms and Instruments
Determine System Requirements for Comm.
Survey building to verify zones (# & Loc.)
!Verify size and location of ductwork
Calculate Htg/ClgNent loads by zone
Draw existing Ductwork on AutoCad
erify Gas Meter Capactty
Determine if RTU can serve Garden Lev.
Obtain new Lighting Loads for zone loads
!Size
SiRTU and Garden Level Unit
Determine electrical needs and panels
Layout RTU and duct demo plan
Layout new duct and VAV boxes
Layout new RTU and cooler plan
Develop control plan
Develop preliminary budget
Package 40% design plan for review
Meet with Pitkin PM to discuss plan/options
!Verify design relative to commission. reqs.
Revise plan and take to 90%
Produce specificaion package
Assemble final commiss. field reqs & docs.
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Revise and Issue bid documents
Review bids and assist in evaluation
Review submittals
Construction Observation Visit 1
Construction Observation Visit 2
Field verification of systems per commiss.
Final report and acceptance
'Page 1 of 1
PERFORMANCE TECHNOLOGIES, INC.
Project Name:
PITKIN COUNTY COURTHOUSE PLAZA
Project Manager:
John McAllister
Based on a Notice to Proceed on FEB 5 Person John M Mike M Earl W Jim B Corky P Brian L Totals
Rate: $80.00 $80.00 $65.00 $65.00 $65.00 $50.00
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Work Item
[Assemble Survey Forms and Instruments
Determine System Requirements for Comm.
Survey building to verify zones (N & Loc.)
erify size and location of ductwork
Calculate Htg/CIgNent loads by zone
Draw existing Ductwork on AutoCad
!Verify Gas Meter Capacity
Determine if RTU can serve Garden Lev.
Obtain new Lighting Loads for zone loads
Size RTU and Garden level Unit
Determine electrical needs and panels
Layout RTU and duct demo plan
layout new duct and VAV boxes
Layout new RTU and cooler plan
Develop control plan
Develop preliminary budget
Package 40% design plan for review
Meet with Pitkin PM to discuss plan/options
'Verify deslgn relative to commission. reqs.
IReviie plan and take to 90%
IProduc specificaion package
Assemble final commiss. field revs & docs.
Develop budget
Review with client
Revise and issue bid documents
Hour Total=
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Review bids and assist in evaluation
Review submittals
Construction Observation Visit 1
Construction Observation Visit 2
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1 Total of Design and Const. Observ.=
Post Construction Commissioning
Reid verMcatlon of systems per commiss.
Final report and acceptance
Hour Total=
Dollar Total=
Trips
Meals
Lodging
Misc
Drawings
Trips
Meals
Lodging
Misc
Drawings
Expenses Design/CO Phase
Miles Cost per
5
460
$0.32
$736.00
5
3
$10.00
$150.00
4
1
$120.00
$480.00
$200.00
Pages
Sets
10
8
$3.00
$240.00
Totals=
Expenses Commissioning Phase
Miles Cost per
$1,806.00
2
460
$0.32
$294.40
2
3
$10.00
$60.00
2
2
1
$120.00
$240.00
$400.00
Pages
Sets
411
4
$3.00
$120.00
Totals=
$1,114.40
GENERAL CONDITIONS
1) The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, materials,
tools equipment and transportation for the proper execution of the Work in accordance with the
Contract Documents and all incidental work necessary to complete the Project in an acceptable
manner, ready for use.
The Contract Documents are intended to provide a general definition of the requirements for the
project and standards for material and workmanship which the Contractor is expected to meet.
Drawings and Specifications should not be considered complete and the Contractor is expected to
verify and expand on the information contained herein during construction of the project. The
County assumes no responsibility for the accuracy and completeness of the preliminary design
information contained herein.
Five (5) copies of the Contract Documents will be furnished to the Contractor upon request, and any
additional copies which the Contractor may request will be furnished at the cost of reproduction. In
addition, one full scale reproducible copy of each Contract Drawing will be furnished to the
Contractor without charge. These Contract Documents are to be used only in connection with the
Work specified herein and, with the exception of the signed Contract set, are to be returned at the
completion of the Contract.
In case of conflict between the Drawings and Specifications, the Specifications will govern. In case of
conflict between the Invitation For Proposals and Technical Specifications, the Technical
Specifications shall govern. Figure dimensions on Drawings will govern over general Drawings.
Any discrepancies found between the Drawings and Specifications and site conditions or any
inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported in
writing to the County Representative who will resolve such inconsistencies or ambiguities. Work
done by the Contractor after his discovery of such discrepancies, inconsistencies, or ambiguities shall
be done at the Contractors risk.
2) The Contractor may be furnished additional instructions by the County Representative, as necessary
to carry out the Work required by the Contract Documents. All additional instructions shall be issued
to the Contractor by the County or the authorized agent of the County or by the County
Representative.
The additional instructions thus supplied will become a part of the Contract Documents. The
Contractor shall carry out the Work in accordance with the additional instructions.
3) The Contractor shall payall applicable royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights, and save the County harmless from loss an account thereof.
4) The Contractor shall be responsible for all the Work under this Contract until completion and final
acceptance thereof, except that the Contractor will not be responsible for the damages or losses of
any nature and from whatever cause that may occur to the Work that are caused by excepted risks;
which are war hostilities (whether declared or not), invasions, usurpation of the national power, civil
wars, revolutions, insurrections or commotion's, disorders or tumults foreign to the persons who are
under the control of the Contractor.
The Contractor shall supervise and direct the Work. He shall be solely responsible for the means,
methods, techniques, sequences and procedures of design and construction. The Contractor shall
employ and maintain on the Work a qualified supervisor or superintendent who shall have been
designated in writing by the Contractor as the Contractor's representative at the site. The supervisor
shall nave full authority to act on behalf of the Contractor and all communications given to the
supervisor will be as binding as if given to the Contractor. The supervisor shall be present on the site
at all times as required to perform adequate supervision and coordination of the Work.
The Contractor shall employ on the Work only such persons who are competent and skilled in their
assignments. Any employee who obstructs the progress of the Work through incompetence or
other means or conducts himself improperly shall be discharged or removed from the Work.
All equipment used on the Work shall be of such type, size and amount, and in such mechanical
condition as to meet the requirements of the Work and produce a satisfactory quality of Work. The
Contractor shall replace unsatisfactory equipment and furnish additional equipment.
Upon completion and before final acceptance of the Work, the Contractor shall remove from the
site of the Work all machinery, equipment, surplus materials, rubbish, barricades, signs and
temporary structures and shall leave the premises in a condition which complies with the
requirements of the Specifications.
The Contractor shall keep one record set of the construction plans and specifications, annotated to
show all changes made during construction.
The Contractor shall be responsible for the acts and omissions of all of his employees and all
subcontractors, their agents and employees and all other persons performing any of the Work
under a contract with the Contractor.
5) The County may at any time, as the need arises, order changes within the scope of the Work without
invalidating the Agreement. If such changes increase or decrease the amount due under the
Contract Documents, or in the time required for performance of the Work, an equitable adjustment
will be authorized by Change Order as required in the CHANGE ORDER section of these Contract
Documents.
6) The date of beginning and the time for completion of the Work are essential conditions of the
Contract Documents and the Work embraced shall be commenced on a date specified in the Notice
to Proceed.
If the Contractor shall fail to complete the Work within the Contract Time, or extension of time
granted by the County, then the Contractor shall pay to the Owner the amount of liquidated
damages and not as penalty as specified in the Proposal for each calendar day that the Contractor
shall be in default after the time stipulated in the Contract Documents.
The County will charge the Contractor for all engineering and inspection expenses incurred by the
County in connection with any Work accomplished after the specified completion date.
The Contractor will not be charged with liquidated damages or any excess cost when the delay in
completion of the Work is due to the following, and the Contractor has promptly given Written
Notice of such delay to the County:
a) To any preference, priority or allocation order duly issued by the County.
b) To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the County,
acts of another Contractor in the performance of a Contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable
weather.
c) To any delays of subcontractors occasioned by any of the causes specified in any section of
these Contract Documents.
7) During the life of the Contract and for a period of 365 clays after final acceptance, the Contractor
shall promptly remove from the premises all Work rejected by the Owner for failure to comply with
the Contract Documents and approved construction plans and specifications, whether incorporated
in the construction or not, and the Contractor shall promptly replace and re -execute the Work in
accordance with the Contract Documents and approved construction plans and specifications and
without expense to the County and shall bear the expense of making good all Work of other
Contractors destroyed or damaged by such removal or replacement. The County, however, may at
its discretion elect to accept an equitable reduction in price or a refund instead of correction of the
condemned work.
All removal and replacement Work shall be clone at the Contractor's expense. If the Contractor does
not take action to remove such rejected Work within ten (10) days after receipt of Written Notice,
the County may remove such Work and store the materials all at the expense of the Contractor.
8) The Contractor shall promptly, and before such conditions are disturbed, except in the event of an
emergency, notify the County by Written Notice of:
a) Physical, including subsurface, conditions at the site differing materially from those indicated
in the Contract Documents; or
b) Unknown physical conditions at the site, of unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in the Work of the character provided
for in the Contract Documents.
The County will promptly investigate the conditions and if he finds that such conditions do so
materially differ and cause an increase or decrease in the cost of, or in the time required for,
performance of the Work, an equitable adjustment will be made and the Contract Documents will
be modified by a Change Order. Any claim of the Contractor for adjustment hereunder will not be
allowed unless he has given the required Written Notice; provided that the County may, if it
determines the facts so justify, consider and adjust any such claims asserted before the date of final
payment.
9) The County for its convenience may suspend the Contract in whole or in part any time by written or
telegraphic notice to the Contractor. Such notice shall state the extent and the effective date of
such suspension, and on the effective date thereof the Contractor shall promptly suspend such
work to the extent specified, and during the period of such suspension shall properly care for and
protect all work and materials, housing and equipment on hand for construction under the
Contract. The Contractor also shall promptly supply to the County copies of all outstanding orders
for materials, equipment and services, and shall take such action relative to such orders as may be
directed by the County. If the performance of the Work is thus suspended, the Contractor shall be
entitled to be reimbursed for all additional expense incurred by reason of such suspension as agreed
upon by Contractor and County.
While time is of the essence of the Contract, the time during which the Contractor is actually delayed
in the performance of Work hereunder by the acts of omission or commission of the County or of
their employees or agents, or by the acts of God, or by the elements which the Contractor could not
reasonably foresee and provide against, or by other causes beyond the Contractor's reasonable
control, including without limitation, strikes, boycotts, or like obstructive action by employees or
labor organizations, may be added to the aforesaid time of completion of said Work under the
following circumstances; no extension of time shall be considered unless the Contractor gives
prompt written notice to the County of the event causing such delay and the probable duration
thereof, together with essential supporting data. The County shall review the data so submitted and
shall take into account such information as is within the knowledge of the County's representatives,
if approved by the County, a written extension of time for completing the Work shall be granted for
the period reasonably justified and not otherwise. The Contractor shall not be entitled to, and does
hereby waive any and all damages which it may suffer by reason of the Owner hindering or delaying
the Contractor in the progress of the Work or any portion hereof.
10) The Contractor, within ten (10) days after the receipt of the Notice of Award, shall furnish the Owner
with a Performance Bond in penal sums equal to the amount of the Contract Price, conditioned
upon the performance by the Contractor of all undertakings, covenants, terms, conditions and
agreements of the Contract Documents, and upon the prompt payment by the Contractor to all
persons supplying labor and materials in the prosecution of the Work provided by the Contract
Documents. Such Bonds shall be executed by the Contractor and a corporate bonding company
licensed to transact such business in the state in which the Work is to be performed and named on
the current list or "Surety Companies Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570. The expense of these Bonds shall be borne by the Contractor. If
at any time a surety on any such Bond is declared a bankrupt or loses its right to do business in the
state in which the Work is to be performed or is removed from the list of Surety Companies
accepted on Federal Bonds, the Contractor, within ten (10) days after notice from the County to do
so, shall substitute an acceptable Bond in such form and sum and signed by such other surety or
sureties as may be satisfactory to the County. The premiums on such Bond shall be paid by the
Contractor. No further payments will be deemed due nor shall be made until the new surety or
sureties shall have furnished an acceptable Bond to the County.
11) The Contract shall not be assigned, sublet or transferred in whole or in part by the Contractor, nor
shall the Contractor assign any moneys due or to become due without prior written consent of the
County, and any attempted assignment hereunder without the previous written consent of the
County shall be void.
12) The County reserves the right to perform, or have performed, in and about the Work during the
time when the Contractor is performing its work hereunder such other work as the County may
desire and the Contractor shall make all reasonable effort to perform its work hereunder in such
manner as will enable such other work to be performed without hindrance from the Contractor and
will make no claim for damage against the County arising out of such other work or interference
therefrom.
13) The Contractor may utilize the services of specialty subcontractors on those parts of the Work which,
under normal contracting practices, are performed by specialty subcontractors. This shall include
the services performed by the Design Engineer, if the Design Engineer is a separate organization.
Before execution of the Contract, the Contractor shall submit the names of all subcontractors to the
County.
The Contractor shall be fully responsible to the County for the acts and omissions of his
subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts
and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
Work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar as
applicable to the Work of subcontractors and to give the Contractor the same power as regards
terminating any subcontract that the County may exercise over the Contractor under any provision
of the Contract Documents.
Nothing contained in this Contract will create any contractual relation between any subcontractor
and the Owner.
14) The County Representative is:
Temple Glassier, Project Manager
530 East Main St., 3rd Floor
Aspen, CO 81611
(970) 920-5211
Nothing contained within the Contract Documents shall create any contractual relationship between
the County Representative and the Contractor.
The County Representative shall interpret the intent of the Contract Documents in a fair and
unbiased manner and shall promptly notify the Contractor of any Work, be it design or construction
related, which does not conform to the Contract Documents.
The County Representative shall at all times have access to the Work wherever it is in preparation and
progress. When directed by the County, the Contractor shall provide facilities for such access so the
County Representative may perform his functions under the Contract Documents.
The County Representative will have authority to reject work which does not conform to the
Contract Documents whenever, in his opinion, he considers it necessary or advisable for the
implementation of the intent of the Contract.
15) The Contractor shall guarantee all materials and equipment furnished and Work performed for a
period of one (1) calendar year from the date of final acceptance of the Work, that the Work is free
from all defects due to faulty materials or free from all defects due to faulty materials or
workmanship and that the Contractor shall promptly make such corrections as may be necessary by
reason of such defects, including the repairs of any damage to other parts of the system resulting
form such defects. The County will give notice of observed defects with reasonable promptness. In
the event that the Contractor should fail to make such repairs, adjustments, or other Work that may
be made necessary by such defects, the County may do so and charge the Contractor the cost
thereby incurred. The Performance Bond shall remain in full force and effect through the
guarantee period.
Whenever in the Specifications a guarantee or maintenance bond is required to be furnished for any
item of equipment, material or portion of the Work, such guarantee shall be submitted to the
County and a written approval will be issued to the Contractor before any such equipment, material
or construction is ordered and incorporated in the Work by the Contractor.
17) In the event of failure of the Contractor at any time to perform the Work either in whole or part
according to the terms hereof, and/or in the event of defective workmanship, and/or materials
furnished by the Contractor as may be determined by the inspection of the County, then the
County at any time may, at its discretion, require the Contractor to remedy such failure or defect at
such time as may be specified by the County at no expense to the latter, or may undertake to
remedy such failure to defect and deduct from any payments due, or to become due, to the
Contractor, the cost thereof, or may terminate the Contract and/or complete the same and deduct
from sums due or to become due to the Contractor, or recover from the Contractor costs of
completion or correction plus damages due to the Contractor's failure to perform.
SUPPLEMENTARY CONDITIONS
The Contractor agrees to supply at the location where the work is to be performed at no
charge, other than the compensation provided on the face of the Contract, everything necessary
for the complete performance of the Contract, including all labor, implements, tools, equipment,
machinery and materials.
Should the Contractor at any time during the performance of the Contract be delayed in the
performance of the Work hereunder by reason of lack of materials or equipment to be furnished by
the Contractor, the County reserves the right to supply such materials or equipment to the
Contractor, at the County's cost, and the cost of such materials or equipment shall be deducted
from the amounts becoming due to the Contractor hereunder.
2) The Contractor agrees to designate, appoint and maintain a competent Superintendent who, on
behalf of the Contractor shall have complete charge of all work under the Contract. The Contractor
shall promptly advise the County in writing, giving the name, address and telephone number (day
and night) of such designated Superintendent and of any changes from time to time in such
superintendent.
3) All elevations indicated or specified refer to U.S.G.S. Datum Plane.
4) It shall be distinctly understood by the Contractor that the Contract is made for the consideration
set forth on the face of the Contract and that the Contractor shall have by careful examination
satisfied himself as to the nature and location of the work to be performed, the conformation of
the ground, the character or equipment and facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and as to any and all other matters and
conditions which can in any way affect the work under this Contract. No verbal agreement or
conversation with any officer, agent or employee of the County, either before or after the
execution of the Contract, shall affect or modify any of the terms or obligations herein contained.
5) By their signatures on the Contract, Contractor and County mutually agree that no payment or
issuance of a certificate of partial completion made under the Contract shall be evidence of the
performance of the Contract, either wholly or in part, and that no payment or issuance of a
certificate of partial completion shall be construed to be an acceptance of defective or improper
materials.
6) The Contractor hereby agrees to pay to the County all attorney's fees in all court actions brought by
either of them against the other or in which they are both plaintiffs or defendants, and also in court
actions involving offsetting claims between Contractor and County, because of any doubts, disputes
or actions arising out of this Contract, except in the following cases:
a) When the Contractor obtains a favorable net judgment against the County
after consideration of claims and offsets of the County which are allowed by the court
against the Contractor, for breach of the Contract.
b) When the County is denied a favorable judgment by a court in any suit against
the Contractor which may be brought by the County.
7) The County may require the removal or discharge of any person employed in or about the facilities
of the County if it determines that the employment of such person is detrimental to the
performance of the work under the Contract, or if, in the Owner's opinion, the employee is not
qualified to perform the work assigned him or is guilty of improper conduct.
8) All notices required or permitted to be given under this Contract may be given by either party to
the other by depositing same in the Unit States Mail, certified mail with return receipt requested,
enclosed in a sealed envelope with first class postage thereon, fully prepaid, or by telegram, either
of which shall be addressed to the respective parties at the addresses shown in the Contract. The
address of either party may be changed at any time by written notice to the other of such change.
Any notice in the form of a letter deposited by either party shall be deemed to have been given and
received by the other party within twenty-four (24) hours after mailing as aforesaid. Any notice
given by telegraph addressed as above provided, shall be deemed to have been given and delivered
within twelve (12) hours after the message is submitted to the telegraph company.
9) The Contract, together with the other documents referred to therein, shall constitute the entire
agreement between the parties and shall supersede all prior negotiations, proposals, and purchase
orders, whether written or oral.
10) The Contractor understands that the public nature of the building may require the County, through
order of the District Judge, to delay or temporarily postpone continuance of the work at any time.
The Contractor agrees not tO increase the cost of the work for said delays. The County agrees t0
extend the CONTRACT TIME, if requested by the Contractor, because of any stop in work brought
about by the District Judge's order.
(Revised November 25, 1998)
REQUIRED CLAUSES
For purposes of these requried clauses, "Engineer" means the bidder/proposer or other party who may
eventually enter into a contract with the County.
The Bidder/Proposer shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW
A. The Engineer acknowledges that this Agreement is entered into subject to the requirements of the
"Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Resolution
No. 82-37, April 12, 1982). As such, the Engineer agrees to comply with all requirements of said
Procurement Code, and such requirements are incorporated herein by this reference.
B. The Engineer shall immediately notify the County Manager in writing of any violation of said Code
or statutes by the County's employees or agents, which violation(s) is Known or should have been
known by him, and failure to so notify the County of any violation(s) within five (5) days of know-
ledge of such violations shall be considered a breach of this Agreement. Further, such failure to
notify the County of violation of the Procurement Code or statutes within five (5) days of
knowledge shall be deemed as a waiver of any action or defense that the Engineer may have
against the County by reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST
A. Covenant Against Contingent Fees. The Engineer warrants that no person or selling agency has
been employed or retained to solicit or secure this Contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Engineer for the purpose
of securing business.
B. Gratuities Prohibited. The Engineer agrees not to give any employee or former employee of Pitkin
County a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a purchase
request, influencing the content of any specification or procurement standard, rendering Of
advice, investigation, auditing, or in any other advisory capacity in any proceeding or application,
request for ruling, determination, claim or controversy, or other particular matter, pertaining to
this Contract or Subcontract, or to any solicitation or proposal therefor.
C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of
more than nominal value, present or promised, unless consideration of substantially equal or
greater value is received.
D. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of
employment to be made by or on behalf of a sub -contractor under a contract to the prime
Engineer or higher tier sub -contractor or any person associated therewith, as an inducement for
the award of a subcontract or order. The Engineer is prohibited from inducing, by any means, any
person employed under this Contract to give up any part of the compensation to which he/she is
otherwise entitled. The Engineer shall comply with all applicable local, state and federal "anti -
kickback" statutes or regulations.
E. Conflict of Interest Prohibited. No official, officer, employee or representative of the County
during the term of this Contract or one (1) year thereafter shall have any interest, direct or indirect,
in this Contract or the proceeds thereof. (Additional restrictions on present and former employees
of County are found in Article 7 of the Procurement Code).
F. Sub -Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of
interest prescribed in this Contract shall be made a condition of and conspicuously set forth in
every sub -contract and solicitation therefor.
G. Conspicuously means written in such special or distinctive format, print, or manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to:
(1) Terminate this Contract without liability by the County;
(2) Debar or suspend the offending parties from being a Engineer or sub -contractor under
County contracts;
(3) Deduct from the contract price or consideration, or otherwise recover, the value of anything
transferred or received by the Engineer; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISES
(DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti -discrimination and affirmative action programs,
Engineer shall meet all applicable requirements with respect of employment and subcontracting in
connection with Disadvantages/Minority/Women individuals and enterprises (DME/MBE/WBE).
B. In connection with the execution and administration of this Contract, and any subcontracts, the
Engineer shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, age, handicap or status as a veteran.
C. In connection with the performance of this Contract, the Engineer will cooperate with the County
in meeting the County's commitments and goals with regard to the maximum utilization of
disadvantaged, minority and women business enterprises and will use its best efforts to ensure
that such business enterprises shall have the maximum practicable opportunity to compete for
employment and/or subcontract work, if any, under this Contract.
D. The Engineer will furnish all necessary information and reports and will permit access to its books,
records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with
the nondiscrimination/affirmative action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested, the Engineer agrees to submit on an
Employment Data Form to be provided by the County, the data showing the utilization of
disadvantaged persons, minorities and women by job category within its organization. Where the
Engineer has fifty (50) or more employees or it is participating in contracts with the County which
exceed Fifty -Thousand (S50,000.00) Dollars, an Affirmative Action Plan must be submitted to the
County when requested by the County Attorney's Office within ten (10) days after selection.
F. Noncompliance. In the event of the Engineer's noncompliance with the
nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall
impose such contract sanctions as it may determine to be appropriate, including, but not limited
to:
(1) Withholding of payments under the Contract until the Engineer complies, and/or
(2) Cancellation, termination, or suspension of the Contract, in whole or in part.
4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. The performance of work under the Contract may be terminated by the County:
(1) Whenever the Engineer shall default in performance of this Contract in accordance with its
terms, and fails to cure or show cause why such failure to perform should be excused within
ten (10) days (or longer as the County may allow or shorter, but not less than three (3) days,
for failure to provide proof of insurance or maintenance of any dangerous condition) after
hand -delivery or mailing to the Engineer of a notice specifying the default. If mailed, said
notice shall be sent by certified mail, return receipt requested, to the address specified
herein for the Engineer.
The Engineer shall not be in default by reasons of any failure in performance of this Contract
in accordance with its terms if such failure arises out of causes beyond the control and
without the fault or negligence of the Engineer. Such causes may include, but are not
restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case
the failure to perform must be beyond the control and without the fault or negligence of
the Engineer. Upon request of the Engineer, the County shall ascertain the facts and failure,
and, if the County shall determine that any failure to perform constituted a valid commercial
excuse, the performance shall be revised accordingly and notice of default withdrawn; or
(2) Whenever for any reason and in its sole discretion the County shall determine that such
termination is in its best interest and convenience.
B. Notice of Termination. In the event of termination for the convenience of the County, the County
shall deliver to the Engineer a written notice of termination, specifying the reasons therefor, and
the effective date of such termination. The effective date shall not be earlier than the date of
hand -delivery or the date of mailing of the notice, plus three (3) business days. The notice of
termination shall be sent regular first-class mail to the address of the Engineer herein provided.
C. Termination Procedure. After the effective date of the notice of termination for default or for the
convenience of the County, unless otherwise directed by the County, the Engineer shall:
(1) Stop work under the Contract on the date specified in the notice of termination.
(2) Place no further orders for materials, services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the performance of
work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all claims
arising out of such termination on orders or subcontracts, the cost of which would be
compensable or reimbursable in whole or in part in accordance with this Contract.
D. Termination Payment. After the effective date of a notice of termination for the convenience of
the County, the Engineer shall submit to the County his termination claim in the form of a final
invoice in accordance with the provisions in "Method of Payment," including costs incurred to the
date of termination, and costs incurred because of termination, which termination costs shall not
exceed 10% of the total amount of proposal; provided, however, that in the event of default by
the Engineer, no extra costs incurred because of termination shall be paid to the Engineer and any
costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the
Engineer on account of any default. Such claim must be submitted promptly, but in no event later
than thirty (30) days from the effective date of termination, unless one or more extensions are
granted in writing by the County. Upon the Engineer's failure to submit a claim in the time
allowed, the County may review the information available to it and determine the amount due the
Engineer, if any, and pay the Engineer the amount as determined.
E. Termination Settlement. Subject to Paragraph 4.D., the Engineer and County may negotiate the
whole or any part of the amount or amounts to be paid, upon termination for default or for the
convenience of the County.
F. Remedies. The Engineer shall have the right of appeal from any determination made by the
County under "Termination for Default or for Convenience of County;" except that if the Engineer
has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to
properly request extension, he shall have no such right of appeal. In any case where the County
has made a determination of the amount due under Paragraphs 4.D. or 4.E., above, the County
shall pay the Engineer: (1) the amount the County has determined if there is no right to appeal or if
no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal
has been taken.
G. Method of Appeal. If the Engineer disagrees with the County's determination under Paragraphs
4.D. or 4.E., he can appeal this decision in writing to the County. Such appeal must be made within
twenty (20) days of receipt in writing of the County's determination. The County shall have twenty
(20) days in which to respond in writing to the appeal. The County's response shall be final and
conclusive unless within thirty (30) clays from the date of receipt of such response the Engineer
submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if
required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. This Contract constitutes the full and complete agreement of the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition, the Engineer
understands that unless the contract is for goods or services of a value less than $25,000, no County
official or employee, other than the Board of County Commissioners acting as a body at a Board
meeting, has authority to enter into a contract or to modify the terms of this contract on behalf of
the County. Any such contract or modification to this contract must be in writing and be executed
by the parties hereto.
B. With respect to change orders under the Contract, the County and the Engineer shall process and
approve/disapprove requests for change orders as otherwise provided in this Contract, subject to
the requirements of the Procurement Code and the Finance Office.
6. INDEMNITY/INSURANCE
A. The Engineer (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify
and hold harmless the County of Pitkin and its officials, employees, agents and representatives
from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs
(including costs of investigation and defense), fees (including reasonable attorney and expert
witness fees) or compensation in any form or kind whatsoever for any bodily injury, death,
personal injury or property damage arising out of or in connection with any negligent act,
intentional act, error or omission by the Engineer, and for any consequential liability alleged to
accrue against the County on account of the Engineers acts, errors or omissions; provided, how-
ever, that such indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sole negligence of the County or its employees.
B. The Engineer 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.
C. To fund this indemnity, in whole or in part, the Engineer shall secure and maintain for the term of
its contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County (with the County named as additional insured)
and others as specified, from claims for bodily injuries, death, personal injury or property damage,
which may arise out of or result from the Engineer's acts, errors or omissions. The following insur-
ance coverage, at or above the limits indicated and including such endorsements as are indicated
by an "X", are required:
(1) Statutory Workman's Compensation: Colorado statutory minimums
(2) Commercial General Liability:
Bodily Injury/Each Occurrence _$2,000,000_
Property Damage/Aggregate $2,000,000_
Endorsements (check as appropriate):
X Comprehensive Form (All risks)
_X Premises/Operations
Underground, Explosion & Collapse Hazard
_X Products/Completed Operations
X�Broad Form Blanket Contractual (Hold Harmless Coverage)
X Independent Contractors and Subcontractors
X Broad Form Property Damage
_X__Personal Injury, with Employment Exclusion Deleted
(3) Comprehensive Motor Vehicle Liability Insurance:
Bodily Injury/Each Occurrence $1,000,000
Property Damage/Aggregate $1,000,000
Endorsements (check as appropriate):
X Any Auto
X All Owned Autos
X Hired Autos
X Non -Owned Autos
Garage Liability
(4) Special Coverage's (check as appropriate):
(1) Performance Bond
Labor and Material
Payment Bond
X (2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
amount of project
D. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a
form acceptable to the County shall be filed with the County (through the Project Manager) no
later than ten (10) calendar days prior to commencement of operations affecting the County.
Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a
material breach of any contract and grounds for rescission or termination. These Certificates of
Insurance shall contain a provision that coverage afforded under the policies will not be canceled
or materially altered unless at least thirty (30) calendar days prior written notice by certified mail,
return receipt requested (effective upon proper mailing), has been sent to the County (through the
Project Manager). (For purposes of this provision, "materially altered" shall mean a change affecting
the coverage's required herein, including a change to policy limits as set out in the then -current
policy declarations page).
Simultaneously with the Certificates of Insurance, the Bidder/Proposer shall file with the County
(and promptly update, as necessary) a certified statement as to claims pending against the required
coverage's, reserves established on account of such claims, defense costs expended and amounts
remaining on policy limits.
E. In addition, these Certificates of Insurance shall contain the following clauses:
(1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a
Certificate, shall not apply to the County of Pitkin.
(2) 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.
(3) Any and all deductibles in the above -described insurance policies shall be assumed by and be
for the amount of, and at the sole expense of the Engineer.
(4) Location of operations shall be: "all operations and locations at which work for the
referenced Project is being done."
F. Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least
fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration
date of this Agreement or thereafter.
7. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for any 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
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to
perform the work to the extent of not less than eighty percent (80%) of each type or class of labor
employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208,
which provides that all laborers shall be bona fide residents of Colorado with a preference to
residents of the County where the work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions
produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies
and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality
at least equal to non -local services and labor.
8. RECORDS
The Engineer shall maintain comprehensive, complete and accurate books, records, and
documents concerning its performance relating to this Project for a period of three (3) years after
final payment on the Project and the County shall have the right within the three-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.
9. SUCCESSORS AND ASSIGNS
This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon
the County and the Engineer respectively and their agents, representatives, employees, successors,
assigns and legal representatives. Neither the County nor the Engineer shall have the right to
assign or transfer its interest or obligations hereunder without the written consent of the other
party, which consent shall not be unreasonably withheld.
10. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to any
third party or parties, except to parties to whom Engineer or County may assign this Agreement in
accordance with the specific written permission, any rights to claim damages or to bring any suit,
action or other proceeding against either the County or Engineer because of any breach hereof or
because of any of the terms, covenants, agreements or conditions herein contained.
11. AGREEMENT MADE IN COLORADO
The parties agree that this Agreement 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.
12. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. NOTICES
Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be
sent certified mail, return receipt requested, and shall be effective upon receipt or three (3)
business days after mailing, whichever is first.
14. Year 2000 Issues
Engineer hereby releases and holds Pitkin County harmless from any and all claims and
causes of action relating to performance of this Agreement of any nature whatsoever
in tort, contract, or otherwise, for any action, inaction or for any loss or damage
attributable to, resulting from, arising out of or in connection with a year 2000 error.
15. Governmental Immunity
Engineer agrees and understands that Pitkin County is relying on and does not waive, by
any provision of this Agreement, the monetary limitations or terms (presently
$150,000.00 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.
16. 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 Agreement 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 this agreement shall
constitute a mandatory charge or requirement in any ensuing fiscal year beyond the
then current fiscal year of Pitkin County. No provision of this agreement 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 agreement 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 agreement 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 agreement restrict the future issuance of Pitkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.