HomeMy WebLinkAboutbocc.con.172.2006
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 172-2006
Originating Department/Division: Facilities Management/BGM
Contact Person: Jodi Smith Phone #: x5396
Project Name HHS Renovation Preliminary Design
D BOCC AGENDA ITEM
(BOeC signature required)
XDSTAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone XDlnformal DFormal DSole Source DEmergency DState Bid D
Check Contract TYDe:
Dollar Amount: $5,000
Budget Line Item/Ledger Number 001.88.00000.65249
XDServices/Maintenance
DLicense/Use
DLease
DConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
DEmployment (for county employees)
Dlntergovernmental Agreement (Requires BOCC Action)
DNon-Profit
DQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
Contractor/Business (Complete Name):Reno-Smith Architects. LLC
Contract Execution Date:Oct 5, 2006 Contract End Date: Oct 31, 2006
Automatic Renewal (Y) Term ofContract:6 month(s)
All Contracts should be proofed for the following:
DNo Pages Missing
Dlf a Page is Left Intentionally Blank -Note on Page
DPage numbered consecutively
DAll Signatures Affixed
DAll Dates Filled In
DAll Other Blanks Filled In
DAll Exhibits Attached
DAll Legal Descriptions Attached (if appropriate)
DNotice of Award/Proceed Attached (if appropriate)
DSpecial Instructions for Finance Department:
DSent to Clerk and Recorder for Scanning/Archiving
DAuthorized Staff Person's Name:
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
Note: Clerk's Office will keep original documents in compliance with Colorado State
Archives retainage schedule.
Amended 5-12-06
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PITtON COtlNl'Y HEALTH llr HUMAN SHRVICE IlENOV AnON PROJECT - PROJECT #172-2006
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CONTRACT FOR PROVISION OF SERVICES
Contract # 172-2006
Budget Line Item # 001.88.00000.65249
THIS CONTRACT is made and entered by and between the Pitkin COWlty Board of
COWlty Commissioners ("County") and Reno-Smith Architects. LLC 605 W. Main Street. Aspen.
Colorado 81611 (hereinafter "Contractor").
1. Tenn The term of this contract is from Oct 5, 2006 to Oct 31, 2006. At the
expiration of the initial term, the contract may be extended for an additional term of 6 months
for added scope of work by the express written consent of both parties.
2. Contractor's Obligations. Contractor shall provide Schematic Design Services for the
Health & Human Services Renovation Project. The anticipated costs ofthe project scope shall not to
exceed $5,000.00. It is the intent to have Schematic Design Work completed by November 1, 2006,
so the COWlty can move forward with full design work and be ready to begin construction in February
2007.
PROJECT SCOPE:
. Updating floor plans to reflect as-built conditions (this may vary on accuracy of existing drawings
and amount field measuring required)
. Meetings with agencies and users to establish needs and uses of new spaces
. Produce preliminary space plan and review with Owner (Jodi Smith to act as representative for
Pitkin County)
. Plan to reflect relocating several tenants to flIst floor, reconfiguration of copy room/offices,
reconfiguration of Response Offices
. Alljust, produce final schematic fl()(X' plan, review wI owner
. Coordinate preliminary cost estimate with local contractor I estimator.
The intended scope does not include the services of professional engineers and will be conducted on an hourly
basis per attached standard hourly rates. Standard reimbursable expenses will be billed additionally.
Remaining services (Construction Documents I Construction Administration) will be determined once the
Schematic services and budget are established. Total project east not to exceed the County budget of
$130,000.00, which includes an construction and design services.
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITtON COtlNI'Y HEALTH llr HUMAN SERVICE IlENOVAnON PROJECT - PROJECT #172-2006
3. Compensation and Expenses. Invoicing. Pavment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out in
Paragraph 2. It is expressly Wlderstood and agreed that in no event will the total compensation and
reimbursement to be paid hereWlder exceed the sum of $5.000.00 for all services rendered. By
contract or amendment, the County and Contractor may reallocate the budget among project tll'lks if
the total budget amount remains unchanged. Contractor shall invoice for the project monthly based
on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the
G COWltyl"rY be l'~et ):Jy any amovoyhe Contractor owes the ,cOWlty for any reason.~ ). Y
*R.~ij-'Y1bvra-9.z.S F/<7T fJvtc.fZ1l.41i:Mo,oo a/:Jt:'VG ~ 6,M'X), ~7 ~
. 4. COWltv's Exclusive Ownershio of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this contract shall be
the property of the COWlty. However, Contractor shall have the right to utilize such documents in
the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly.
Contractor shall have right to use materials produced in the course of this contract for marketing
purposes and professional presentations, articles, speeches and other business purposes.
5. Pitkin COWltv's Obligations. Pitkin COWlty shall administer this contract through
a County Representative. Jodi Smith. Facilities MlIIllI8er will manage the project as the COWlty'S
Representative. The services provided and products delivered by the Contractor Wlder this
contract will be subject to review by the COWlty'S Representatives, or a designee, for compliance
with Contractor's obligations prior to final payment.
6. Termination Prior to Exoiration of Contract Tenn The COWlty 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 COWlty'S property. Contractor sha1l be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant to the term; of this
contract prior to the date of termination. Not withstanding the above, Contractor shall not be
relieved of liability to the COWlty for damages sustained by the COWlty by virtue of any breach of
the contract by the Contractor.
7. Indeoendent 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 COWlty.
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or emaiI: jodis@co.pitkin.co.us
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PITtON COtlNl'Y HEALTH llr HUMAN SERVICE IlENOV AnON PROJECT - PROJECT #1;'2-2006
B. Contractor is not required to offer his services exclusively to Pitkin County
Wlder this contract. Contractor may choose to work fur other individuals or entities during the
term of this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable
industry standard of care, skill and diligence in the performance of Contractor's obligations under
this contract.
D. Contractor sha1l 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 COWlty and is responsible fur payment of any fudera~ state, FICA and other income taxes.
8. Assignabilitv. This contract i<; not assignable by either party. Any use of
subcontractors by the Contractor lOr perIOnnance of this contract must be accepted in writing by the
CoWlty.
9. Bindin2 Arbitration. Any di<;putes arising out of this contract sba1l be suiject to
binding arbitration. The parties agree that any disputes concerning the tenns and conditions ofthi<;
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association and shall be presided over by the Pitkin CoWlty
Hearing Officer appointed to arbitrate Pitkin CoWJty contract disputes. Costs of the arbUation sba1l be
awarded to the substantially prevailing party.
10. Severability. In the event that any provision of this contract shall be held to be
invalid or unenfurceable, the remaining provisions of this contract shall remain valid and binding
upon the parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the
CoWJty and the Contractor and supersedes aD prior negotiations, t epI...!l...lltations, or contract, either
written or oral This contract may be amended only by written contract signed by both the Courty and
the Contractor.
B. The COWlty 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 amoWlt 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.
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITKIN ootlNl'Y HEALTH 1ft HUMAN SERVICE IlENOV ATION PROJECT - PROJECT #172-2006
12. Indenmitv.
A. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemni1Y and hold hann1ess the CoWlty of Pitkin and its officials, employees, &gems and
representatives from and against liability fur any claim, demand, loss, damages, penalty, judgment,
expenses, oosts (including costs of investigation and defunse), lees (including reasonable attorney and
expert witness fees) or compensation in any furm or kind whatsoever fur any bodily injury, death,
personal injury or property damage arising out of or in connection with any negligent act, imentional
act, error or omission by the Contractor, and fur any consequential liability alleged to accrue against
the CoWlty on accoWlt of the Contractor's acts, errors or omissions; provided, however, that such
indemnity shall not be construed as an indemnity fur bodily injury or property damage arising from the
sole negligence of the County or its employees.
B. The Contractor further shall investigate, process, respond to, adjust, provide
derense fur and defund, payor settle all claims, demands, or lawsuits related hereto at its sole expense
and sha1l bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, fuIse or ftaudu1ent.
13. Insurance.
A. In whole or in part, the Contractor shall secure and maintain fur the term of its
contractual relatiol\'lhip with the County such insurance policies, from companies Wensed in the State
of Co1orado, as will protect itsell; the CoWJty and others as specified from claims fur bodily injuries,
death, personal injury or property damage, which may arise out of or result from the Contractor's acts,
errors or omissions. The fullowing insurance coverage, at or above the limits indicated and including
such endorsements as are indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial Genera1 Liability - ISO 1998 Form or equivalent
(With a-ty __ ~~ ...J..........
Each Occurrence Limit
General Aggregate Limit
Products/Completed Operations Aggregate Limit
$1.000.000.00
$2.000.000.00
$2.000.000.00
Comprehensive Form (All risks) to include (place X by applicable provisions):
..lL Premises/Operations
Undergrotutd, Explosion & Collapse Hazard
..lL Products/Completed Operations
..lL Contractual Liability
..lL Independent Contractors and Subcontractors
..lL Broad Form Property Damage
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITtON COtlNl'Y HEALTH llr HUMAN SERVICE IlENOV AnON PROJECT - PROJECT #172"'2006
..x. Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1.000.000.00
Including aD owned, non-owned, and hired vehicles.
4. Special Coverages (check as appropriase and insert amount):
(l) Perfonnance Bond
Labor and Material
Payment Bond
(2) Profussional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dmonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates ofInsurance in a furm acceptable to the County shall be filed with the County through
the representative identified in Paragraph 5, no later than ten (l0) calendar days prior to com-
mencement of operations afiecting the County. Failure to file or maintain acceptable Certificates
of lnsurance with the COWlty is agreed to be a material breach of any contract. These Certificates
of Insurance shall contain a provision that coverage afforded under the policies will not be
canceled or materially altered Wlless at 1east thirty (30) calendar days prior written notice by
certified mail, return receipt requested (efiective upon proper mailing), has been sent to the
Procurement Officer. (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 Contractor shall file
with the Procurement Officer a certified statement as to claims pending against the required coverages,
reserves established on accoWJt of such claims, defunse costs expended and amoWJts remaining on
policy limits.
2. In addition, these Certificates of Insurance shall contain the following
clauses:
a. The clause "other insurance provi<;ions," in a policy in which the
CoWlty of Pitkin holds a Certificate, shaD not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder shall
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or emaiI: jodis@co.pitkin.oo.us
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PITKIN COtlNl'Y HEALTH &: HUMAN SERVICE IlENOVAnON PROJECT - PROJECT #172'2006
have no recourse against the County of Pitkin ror payment of any premiwns or
ror assessments under any form of policy.
c. Any and all deductibles in the above-descnbed insurance policies shall be
assumed by and be ror the amount of; and at the sole expense of the
Contractor.
d. Location of operations sha1l be: "all operations and locations at which work
ror the rererenced Project is being done."
3. Certificates ofInsuranoe ror all renewal policies shall be delivered to
the County's Representative at least fifteen (IS) days prior to a policy's expiration date except ror any
policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this contract.
14. Exemptions. All purchases of construction, building or any other materials ror this
contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this contract for a period of
three (3) years after fina1 payment under the contract and the County shall have the right within
the three (3) year period to inspect and audit these books, records and documents, upon demand,
in a reasonable manner and at reasonable times, for the purpose of determining, by accepted
accounting and auditing standards, compliance with all provisions of the contract and applicable
law.
16. Contract Made in Colorado. The parties agree that this contract was ntade in
accordance with the laws ofthe State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin COWlty, Colorado.
17. Attorney's Fees. In the event that Iega1 action is ~ to enfurce any of the
provisions of this contract beyond the arbitration described in Paragraph 9, the substantia1Jy prevailing
party shall be entitled to its costs and reasonable attorney's tees.
18. Governmental ImmWlitv. Contractor agrees and understands that Pitkin County is
relying on and does not waiye, by any provision of this contract, the monetary limitations or terms
(presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities,
and protections proyided 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 ofthe Contractor by the County ror any injury to any person or
any property damage whatsoever which is caused by the negligence or other misconduct of the County
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Pitkin County Facilities Management, 530 E. Main, Suite 80M, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITtON COtlNl'Y HEALTH & HUMAN SERVICE IlENOV AnON PROJECT - PROJECT #172-2006
or its agent or employees.
19. Current Year Oblil!ations. 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 proyide
the services set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin COWlty to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any
class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the
future issuance of Pitkin County's bonds or any obligations payable from any class or source of
Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered
through any ofthe following: (I) hand delivery to the person at the address below; (2) delivery by
fucsimile with confirmation of receipt to the fux number helow; or (3) within three (3) days of
being sent certified first class mai~ postage prepaid, return receipt requested addressed as follows:
A.
To Pitkin County
Jodi Smith, Facilities Manager
530 E. Main Street, Suite BGM
Aspen, Co lorado 81611
with copies to:
Pitkin COWlty Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Contractor:
Scott Smith, AlA Reno-Smith Architects, LLC
605 W. Main Street
Aspen, Colorado 81611
21. Compliance with House Bill 06-1343.
A. In compliance with House Bill 06-1343, amending Title 8 ofthe Colorado Revised
Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the
General Assembly of the State of Colorado, the Contractor sha//lWt:
I. Knowingly employ or contract with an illegal alien to perform work under
this contract or;
2. Enter into a contract with a subcontractor that tails to certifjr to the
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITKIN COtlNl'Y HEALTH llr HUMAN SERVICE Rl!NOVAnON PROJECT - PROJECT #172-2006
Contractor that the subcontractor shall not knowingly employ or contract
with an iUegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 enacted by the General A=mbly of the State of
Colorado:
I. The Contractor shall veritY or attempt to veritY through participation in the
Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and
expanded in Public Law 156, 108'" Congress, as amended, that is administered by the
United States Department of Homeland Security} that the Contractor does not employ any
illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to
entering into this contract, the Contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this contract has been
completed, whicheyer is earlier. This provision shall not be required or effuctive ifthe
Basic Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this contract is
being performed.
3. Ifthe Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
a. NotifY the subcontractor and the County within three days that the
Contractor has actttal knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
4. Tbe Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in tbe course of an investigation that the Department of Labor
and Employmem is undertaking pursuant to the authority estabtmed in Subsection (5) of
C.R.S. ~ 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 97<>-920-5285 Fax or email: jodis@co.pitkin.co.ttS
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PITKIN COtlNl'Y HEALTH llr HUMAN SERVICE IlENOVAnON PROJECT - PROJECT #1;>2-2006
herein above.
CONTRACTOR:
By:~f;zG;'14ll. /2sz;73Sm/l11jJrchrfed-S/ a---<~
I .,
TitleM?n;<.rr It?/t?b
ate
PITKIN COUNTY:
(-
"
Jodi Smit
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By:
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Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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