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HomeMy WebLinkAboutC01-134 David Adams - Acoustic & Audio Visual System Design for eagle county roomM C AGREEMENT FOR PROFESSIONAL SERVICES IN THE ACOUSTIC & AUDIO - VISUAL SYSTEM DESIGN FOR THE EAGLE COUNTY ROOM THIS AGREEMENT for Professional Services is dated as of the Z day of , 2001, by and between Eagle County, Colorado, a body corporate and politic, acting y and through its Board of County Commissioners, (hereinafter called "Owner "), on the one hand; and David L Adams Associates Inc., a Colorado corporation (hereinafter called "Consultant "), on the other hand. WITNESSETH that: WHEREAS, Eagle County controls and operates the "Eagle County Room" that consist of an assembly room for public hearings, conferences, and presentations; WHEREAS, Eagle County knowledge that said room is deficient in its ability to positively enhance communications and professional presentations due to its existing configuration and antiquated audio - visual technology; WHEREAS, Consultant is in the business of consulting on acoustical remediation and designing for audio - visual systems and technology; and WHEREAS, the parties want to set forth in this agreement the terms and conditions by which Consultant will consult on acoustical deficiencies and design an audio - visual system for the Eagle County Room. NOW THEREFORE, Owner and Consultant, for the consideration hereinafter set forth, agree as follows: ARTICLE 1 - WORK Consultant shall complete all work specified in the Contract Documents. The Work is generally described as providing all labor and services to (1) consult on and design for acoustical improvements and (2) develop and design, an audio - visual system for the Eagle County Room, as further described and identified in Article 7 hereof. 1.1 Consultant will complete all Work as specified herein and described more specifically and set forth on David L. Adams Associates, Inc. proposal, dated March 13, 2001, under "Basic Services" attached hereto marked and part of the Contract Documents. 1.2 Consultant will provide Owner with at least three (3) complete sets of Drawings and Specifications upon completion of work. 1.3 Consultant will work with Owner to incorporate a feasible three (3) year Phasing Plan for the installation and procurement of Audio - Visual equipment to be made part of the final drawings and specifications. 1.4 Coordination: Consultant will coordinate with the Facilities Management Department to schedule user group(s) interviews, meeting schedules, and site visits. Acoustic & Audio - Visual System Design Agreement Between Eagle County Government and David L. Adams Page 1 of 6 ( C 1.5 Scheduling: Consultant will provide a Tentative Work Schedule before commencing of any work. 1.6 Sole Costs: Consultant shall provide for, at their sole cost, all needs related to performance of said Work, including but not limited to, labor, material, project supervision, engineered drawings, equipment, and professional liability insurance. No services shall be performed until the County has received a Certificate of Insurance as required within. 1.7 Applicable Laws and Regulations: The Work shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and permits. Consultant is responsible for obtaining any permits required for the performance of the Work from the agency(ies) having jurisdiction. 1.8 Workmanship Warranty: All work performed under this agreement will be done in a workmanlike manner according to industry standards and practices. ARTICLE 2 - OWNER'S REPRESENTATIVE The Project is `under the authority of the Eagle County Facilities Management, the Director of which, or his designee, shall be Owner's liaison with Consultant with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 Design and specification Work will be complete and ready for partial payment in accordance with the Contract Document on or before June 1, 2001. 3.2 All Work will be completed and ready for final payment in accordance with the Contract Documents on or before December 31, 2001. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. Owner shall pay Consultant for performance of the Work in accordance with the Contract Documents in current funds as follows: Twenty -Seven Thousand Five Hundred Dollars ($27,500.00) Dollars. 4.2 Expenses other than those listed in Contract Documents such as additional travel and reproduction cost, are in addition to lump sum fee and are reimbursable at net cost plus 10 %. Consultant shall undertake no work requiring additional compensation until Owner approves such work in writing. 4.3 Pursuant to the provisions 24 -91- 103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover Acoustic & Audio - visual System Design Agreement Between Eagle County Government and David L. Adams Page 2 of 6 the costs of the additional work have been made or unless such work is covered under a remedy - granting provision in the Agreement. ARTICLE 5 - PAYMENT PROCEDURES PROGRESS PAYMENT: Progress payments shall be made at intervals reflecting that of percentage of work completed. FINAL PAYMENT: Upon final completion and acceptance by the owner, Owner shall pay the remainder of the Contract Price. ARTICLE 6 - CONSULTANT'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Consultant makes the following representations: 6.1 All representations set forth in Consultant's Proposal for Acoustical Consulting and Audio - Visual System Design and services, dated March 13, 2001. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement; 7.2 Proposal from David Adams Associates, Inc. for Acoustical Consulting and Audio - Visual System Design and services, dated March 13, 2001 as attached exhibit A. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - MISCELLANEOUS 8.1 No assignment by Consultant of any rights under or interests in the Contract Documents will be binding on Owner without its written consent; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 Owner and Consultant each binds them self, their partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.3 Limitation of Liability: The Owner agrees to the Consultants limitation of liability as described more specifically and set forth on David L. Adams Associates, Inc. proposal, dated March 13, 2001, under "Limitation of Liability" attached hereto marked and part of the Contract Documents. Acoustic & Audio - visual System Design Agreement Between Eagle County Government and David L. Adams Page 3 of 6 r � 8.4 Attorney's Fees: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 Applicable Law: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 8.6 Integration: This Agreement supersedes all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 8.7 Insurance: At all times during the term of this Agreement, Consultant shall maintain the following insurance: Type of Insurance Professional Liability Comprehensive Liability Workers' Compensation Coverage Limits $1,000,000 minimum $1,000,000 minimum As required by Colorado law All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. The Consultant shall deliver certificates of required insurance to the County within fifteen (15) calendar days of execution of this Agreement by the Board. Acoustic & Audio - Visual System Design Agreement Between Eagle County Government and David L. Adams Page 4 of 6 ( l 8.8 Notice: Notice shall be provided to the respective parties by being given to the persons at the addresses as follows, until changed by notice: To Consultant: Edward L. Logsdon, P.E. David L. Adams Associates, Inc. 1701 Boulder Street Denver, CO 80211 Phone: 303-455-1900 Fax: 303-455-9187 To Owner: Rich Cunningham, Director Facilities Management Department Eagle County P.O. Box 850, 590 Broadway Eagle, CO 81631 Phone 970 - 328 -8700 Fax 970 - 328 -7720 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also may be given by facsimile transmission provided an original is also promptly delivered. [rest of page is blank; next page is signature page] Acoustic & Audio - Visual System Design Agreement Between Eagle County Government and David L. Adams Page 5 of 6 C r IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. STATE OF COLORADO ) SS: County of E A–,,, �<— ) Q "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: q&��e Tom t Stone, Chairman "Consultant ": David L. Adams Associates, Inc. By: Edward L. Logsdon Associate Principle /V.P. On this `= day of , 2001, came before me, a notary pudic, Ue--t k,,known to me to be the of , c-, G ._L . , who acknowledged to me that he executed the foregoing document, that he executed it in that capacity, and that the same was the act of that corporation. My commission expires: f�- --- Notary Public Acoustic & Audio - Visual System Design Agreement Between Eagle County Government and David L. Adams Page 6 of 6 .- J March 13, 2001 Eagle County Attn: Mr. Kurt Dierking P.O. Box 850 590 Broadway Eagle, Colorado 81631 u- 0. i/" ./ 40LAMN I■EME■■■\ DAVID L. ADAMS ASSOCIATES, INC. Consultants in Acoustics and Performing Arts Technologies P RECF1vFr) MAR 1 ?901 FACILITIES MANAGEMENT RE: Eagle County Commissioners Room Renovation (DLAA Ref. No. 6255) I enjoyed speaking with you concerning the Eagle County Commissioners Hearing Room renovation. Based on our conversations, schematic drawings that you faxed to us and the team meeting notes, we are pleased to offer this scope of work and fee proposal for acoustical consulting and audio - visual systems design: Basic Services The following Basic Services are proposed for the Eagle County Room: A. ROOM ACOUSTICS Develop acoustical criteria for the Commissioners Room to address the acoustical environment within the space. The criteria will be oriented toward achieving a proper acoustical environment for presentation use. 2. Review the existing interior finishes and develop recommendations to meet the criteria. Recommendations will be provided in the form of a written report, addressing items such as acoustical treatment specification and location, geometry of spaces, etc. Product literature and 8' /z "x 11" design details will be provided as required for clarification. 3. Review submittals and answer questions to coordinate the installation of acoustical treatments, if needed. B. AUDIO - VISUAL (AV) SYSTEMS 1. Meet with the user group(s) to discuss functional requirements for the AV system and review the existing sound system equipment installation for possible reuse. 2. Review the existing lighting and control system while at the site and discuss changes which would upgrade the system and improve the quality of video display in the room. 1701 BOULDER STREET - DENVER, COLORADO 80211 303/455 -1900 - FAX 303/455 -9187 www.dlaa.com - der EXHIBIT A Mr. Kurt Dierking March 13, 2001 Page 2 3. Based on the preliminary information provided, develop and submit for Owner review and comment, preliminary descriptions of and budget cost estimates for the AV and lighting system. This will include remote control of the AV equipment. 4. Following Owner review and comment of the descriptions and budgets, meet with Owner to discuss revisions and clarify the AV and lighting system designs as needed. Prepare a revised description and cost estimate incorporating changes as needed. 5. After receipt of approval of the AV and lighting systems budget and descriptions, design the systems, and prepare complete drawings and specifications to be used for competitive bidding of their installation. Our design will address issues such as speech and visual intelligibility of the presentations to both the County Commissioners and the audience members. We understand that remote control of the AV system, video conference interfacing, streaming audio to the internet, and remote audio and video feeds to the Waiting area outside the County Room are features also desired from the AV system. 6. Identify all conduit and j -boxes needed for the AV systems signal and control cables on the system drawings. Coordinate electrical power requirements needed for the AV and lighting system equipment with the designated Eagle County representative. 7. Coordinate architectural requirements for loudspeakers, equipment racks, lighting instruments, etc., with Eagle County representative. Provide manufacturer's product information on items such as equipment enclosures and loudspeakers which may need to be incorporated into the architecture of the room. Provide a list of prequalified AV System Contractors, and review and comment on qualification submittals from non- prequalified Contractors. 9. Review AV contractor shop drawing submittals and comment on their acceptability with respect to conformance with the AV System drawings and specifications. 10. Visit the project site twice during construction to observe progress and to review compliance with the construction documents. Submit a field observation report following each visit. 11. Answer questions concerning acoustical or AV systems issues to assist in resolving any conflicts or issues occurring during the construction process. 12. After notification by the AV System Contractor that the systems installation is substantially complete and ready for inspection, conduct a final systems check and prepare a written punch list of items requiring remedial action on the part of the Contractor. Mr. Kurt Dierking March 13, 2001 Page 3 ADDITIONAL SERVICES The following services are in addition to those included in Basic Services and can be provided on an hourly basis in accordance with the attached Schedule of Hourly Compensation. 1. Acoustical analysis (sound isolation, room acoustics, or mechanical system noise and vibration control) in areas other than those identified under basic services. 2. Audio - visual system design for areas other than those listed under basic services. 3. Site visits beyond those identified in the above Basic Services. Compensation for Services We propose to provide the above basic services for a lump -sum labor fees as follows: Acoustics $2,000.00 Lighting System $3,500.00 AV System Design $22,000.00 Total $27,500.00 The fee for AV systems design assumes systems costs in the range of $136,000.00 - $230,000.00 based on the following preliminary equipment estimates: 1. Eliminate space and viewing related presentation problems. Install (8) LCD displays at Commissioners table and two ceiling mounted video projectors with motorized front projection screens along with associated video signal distribution equipment. - $35,000 - $40, 000. 2. Provide for viewing of variable -scale graphics from 8 -1/2" x 11" to `B" size architectural drawings. Install ceiling mounted video camera with remote zoom /focus, pan /tilt control and light table for backlighting of transparencies. - $20,000 $30, 000. 3. Provide for access to network via workstation and to display systems via laptop computer. Install dual computer input interface (one for permanent desktop computer in presentation table and one for portable laptop) with scan converter for video sources. - $6, 000 - $8,000. Mr. Kurt Dierking March 13, 2001 Page 4 4. Provide for remote control of AV systems. Install hard -wired touchscreen control panel at Commissioners table and Presentation Table, wireless touchscreen control panel for use anywhere in room, wireless receiver and main AV controller. - $20,000 - $30, 000. 5. Integrate and upgrade existing sound and lighting systems with projection systems including mobile microphones. Install wireless lapel microphone(s), control of lighting included in Item 4 above, upgrade existing sound equipment such as mixers, microphones, loudspeakers. - $10, 000 -$40,000. 6. Provide for video display and slide display. Install VCR, DVD and 35 mm slide to video unit. - $5,000 -$8,000. 7. Provide for cable tie -in to projection systems. VCR included in Item 5 will have CATV tuner built -in. If CATV connection is provided, VCR can be used to receive cable programming. 8. Provide access to TV, Eagle County internal network access, satellite and TDD. Install 12 x 8 matrix switcher for RGBHV and video input sources selection (VCR, DVD, 35 mm slide to video unit, CATV, Computer 1, Computer 2, satellite) and routing of audio and video feeds (to TV, network or TDD). - $9,000 - $1Z000. 9. Address existing ADA issues to bring facility into compliance. Install Assistive Listening System with wireless personal receivers. - $1,000 - $2, 000. 10. Accommodate web -cast over the internet. Install cameras, broadcast controllers, production switcher and video streaming equipment. - $30,000 - $60, 000. The above does not include data or telephone equipment required for transport of web - casting, or lighting equipment that may be needed. If the final programming for the AV systems results in systems costing significantly more than the above range, we reserve the right to renegotiate our AV design fee. The above fee includes a 3% discount for acceptance of the Limitation of Liability clause below. Expenses for transportation when traveling to the project site, and reproduction costs are in addition to our lump sum labor fee and reimbursable at net cost plus 10 %. Our invoices are due and payable upon receipt and are considered past due after 30 days. Mr. Kurt Dierking March 13, 2001 Page 5 Limitation of Liability To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of David L. Adams Associates, Inc. (DLAA) and DLAA's officers, directors, partners, employees, agents and DLAA's Consultants, and any of them, to Eagle County and anyone claiming by, through or under Eagle County, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty express or implied of DLAA or DLAA's officers, directors, partners, employees, agents or DLAA's Consultants or any of them, shall not exceed $50,000.00 or the total compensation received by DLAA under this Agreement, whichever is greater. David L. Adams Associates, Inc. carries "Professional Liability" and "General Liability" insurance. Certificates of insurance are available upon request. As I mentioned in our telephone conversation, if approved, we would be able to start on this project in May of 2001 but will attempt to start programming meetings earlier if possible. The construction documents will require approximately 14 working days to complete once the programming and budget is approved by Eagle County. The bidding process typically allows a minimum of three weeks to receive responses from the contractors. We can develop a more detailed time line once the full scope of the renovation is known. If the terms of this proposal are acceptable and you have no questions, please return a signed copy of this proposal to us via fax or mail. If you do have any questions, feel free to contact me. Sincerely, Edward L. Logsdon, P.E. Vice President Accepted for: Eagle County Signature Print Name /Title Date