HomeMy WebLinkAboutC05-224 Reilly Johnson Architecture
ecs- 4fJh- J.f:t
eP;J.tf
AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES
for
SHERIFF'S DEPARTMENT AND JUSTICE SERVICES
PROGRAMMING & MASTER PLANNING
Th~~ent Regarding Provision of Professional Services ("Agreement")
dated as 0 ~ M , 2005 is between the County of Eagle, State of Colorado, a body
corporate and politic, by and through its Board of County Commissioners ("County"),
and Reilly Johnson Architecture, a Colorado corporation ("Architect").
Recitals
A. County wants to plan for the future of its Justice Center campus, now
comprised of two separate buildings which house the Sheriffs Office, County Jail, courts
(courtrooms and court administration), District Attorney's Office, and Probation
Department, including programming, master planning and pre-design for future
expansion and use.
B. Architect represents that Robert D. Johnson is a registered architect
authorized to act as such in the State of Colorado.
c. Architect represents that Architect is a corporation authorized to do
business in the State of Colorado, the principals of which are Robert D. Johnson,
Richard A Backes and Robert B. Brashears.
D. Architect has submitted to the County a Proposal (dated 06.24.05),
attached hereto as Exhibit "A", for providing the Services described herein, and
represented that it has the expertise and personnel necessary to properly and timely
provide the Services.
E. Architect and County intend by this Agreement to set forth the scope of
the responsibilities of the Architect in connection with the Services and related terms and
conditions to govern the relationship between Architect and County in connection with
the Services.
A2reement
Therefore, based upon the representations by Architect set forth in the foregoing
recitals, for good and valuable consideration, including the promises set forth herein, the
parties agree to the following:
1- Scope of Services: The Services shall be comprised of the following:
Architect shall provide all labor, materials and equipment necessary to perform
and complete the Phase 1 Services described in his Proposal, with the exception of court
caseload projections. The court (County and District) caseload projections shall be
prepared by the State of Colorado, which the State will prepare at no cost upon the
request of Chris Yuhas (District Administrator for the Fifth Judicial District). These
projections shall then be given to the Architect for his use.
Inmate Population projections through year 2025 (2005, 2015, and 2025) are to be
prepared by W. Raymond Nelson, as a consultant to the Architect. W. Raymond Nelson
prepared the projections used in the Master Plan prepared by RJA in 2000.
The County's existing Justice Center is operating at close to maximum capacity.
If, upon completion of the Phase I services, the County wishes to explore immediate as
well as long-range planning options for providing justice services and, in particular, the
specific program and physical space needs along a twenty year future time-line, it may
then request that the Architect provide the Phase 2 and Phase 3 services defined in his
Proposal (dated 06.24.05).
Nothing herein is intended to or constitutes a representation by the County that it
will construct the project or that it will do so at a particular time.
The parties hereto recognize that the scope of the Services may change. When the
Architect believes that the Scope of Services has been changed or that by reason of a
decision of County it will be required to redo properly completed services, Architect shall
immediately advise County of such belief and shall also provide a statement of the
maximum additional charges for such services. Architect shall not be entitled to be paid
for any such additional services unless and until County agrees in writing that the Scope
of Services has changed and accepts the statement of the maximum additional charges.
2. Architect's Professional Level of Care: Architect shall be responsible for
the completeness and accuracy of the Scope of Services, including all supporting data and
other documents prepared or compiled in performance of the Scope of Services, and shall
correct, at its sole expense, all significant errors and omissions therein. The fact that the
County has accepted or approved Architect's Scope of Services shall not relieve Architect
of any of its responsibilities. Architect shall perform the Scope of Services in a skillful,
professional and competent manner and in accordance with the highest standards of care,
skill and diligence applicable to architects, with respect to similar services.
3. Time of Performance and Termination:
3. Architect shall commence the Scope of Services within ten (10)
business days after the date of this Agreement. Architect shall complete the Scope of
Services within 100 days or less of the date of this Agreement.
b. County may terminate this Agreement, in whole or in part, for its
convenience upon providing notice to Architect. Upon such a termination, County shall
be liable only for Scope of Services satisfactorily completed prior to the notice and for
unavoidable expenses directly incurred for performance of those parts of the Scope of
Services which have not been satisfactorily completed, provided that, at its sole option,
County may require that Architect complete particular portions of the Scope ofSecvices
on a time and reimbursable expenses basis consistent with paragraph 4 hereof Upon
termination Architect shall deliver to County all drawings, illustrations, text, data and
other documents entirely or partially completed, together with all material supplied to
Architect by County. Payment will be due within thirty (30) days after Architect has
delivered the last of the partially completed documents, together with any records that
may be required to determine the amount due.
c. Notwithstanding anything to the contrary contained in this
Agreement, no charges shall be made to County nor shall any payment be made to
Architect for any Scope of Services done after December 31, 2005, without the written
approval of the County in accordance with a budget adopted by the Board of County
Commissioners in accordance with the provisions of Article 25 ofTitIe 30 of the
Colorado Revised Statutes.
4. Compensation and Payment:
a. In consideration for providing the Services, the Architect shall be
paid a fIxed fee of$12,8oo.00 plus reimbursement of expenses notto exceed $1,300.00.
b. Payments shall be made in accordance with the following:
(i) Architect shall submit to the County monthly invoices of
the progress made and expenses incurred, per "task" during
the previous calendar month. Such invoices shall describe
the Work performed, including the percentage of
completion Architect contends was accomplished during
the month, and expenses incurred. Upon request, Architect
shall provide County with such other supporting
information as County may request.
(ii) Architect's invoice shall be payable within thirty (30) days
after submission by Architect together with submission of
any required clarification and documentation.
(iii) Architect shall maintain comprehensive, complete and
accurate records and accounts of its performance relating to
this Agreement for a period of three (3) years following
fInal payment hereunder, which period shall be extended at
County's reasonable request. County shall have the right
within such period to inspect such books, records and
documents upon demand, with reasonable notice and at a
reasonable time, for the purpose of determining, in
accordance with acceptable accounting and auditing
standards, compliance with the requirements of this
Agreement and the law.
c. For the purposes of this Agreement, the term "reimbursable
expenses" shall include only actual out-of-pocket expenses incurred by Architect in
connection with the Services, which is, without any mark up and, if applicable to more
than one project, reasonably allocated among them. Reimbursable expenses shall include
auto mileage, out-of-Denver meals, lodging, long distance telephone, metro-Denver
courier, overnight delivery (e.g., Federal Express). Reimbursable expenses also will
include document reproduction for the County, Fifth Judicial District, and Architect's use.
d. Architect shall maintain comprehensive, complete and accurate
records and accounts of its time and expenses relating to this Agreement for a period of
three (3) years following final payment hereunder, which period shall be extended at
County's reasonable request. County shall have the right within such period to inspect
such books, records and documents upon demand, with reasonable notice and at a
reasonable time, for the purpose of determining, in accordance with acceptable
accounting and auditing standards, compliance with the requirements of this Agreement
and the law.
5. Project Management: Robert D. Johnson shall be designated as Architect's
Project Manager for the Secvices. The Eagle County Deputy Director of Facilities
Management shall be County's manager responsible for this Agreement. Unless
otherwise specifIed herein, all correspondence between the parties hereto regarding this
project shall be between and among the project managers. Either party may designate a
different project manager by notice in writing.
6. Independent Architect: It is expressly acknowledged and understood by
the parties hereto that nothing contained in this Agreement shall result in, or be construed
as establishing, an employment relationship. Architect shall be, and shall perform as, an
independent Architect. No agent, subcontractor, employee, or servant of Architect shall
be, or shall be deemed to be, the employee, agent or servant of County. Architect shall
be solely and entirely responsible for its acts and for the acts of Architect's agents,
employees, servants and subcontractors during the performance of this Agreement.
7. Personnel: County approves as Architect's subcontractor performing parts
of the Services: W. Raymond Nelson (preparation ofInmate Population Projections).
Architect understands and hereby acknowledges that County is relying primarily
upon the expertise and personal abilities of Robert D. Johnson, and the principals of its
approved subcontractors. This Agreement is conditioned upon the continuing direct
personal involvement of these persons in the Services. Architect may not subcontract or
delegate any part of the Secvices or substitute subcontractors without County's written
consent, which consent County may exercise in its sole discretion. In the event that
Architect and the identified subcontractors are unable to remain involved in the Services,
Architect shall immediately notify County and County shall have the option to terminate
this Agreement.
8. Ownership of Documents: AIl documents, including all electronic
drawing and files, which are obtained during, or prepared in, the performance ofthe
Services are copyrighted and shall remain the property of the County and are to be
delivered to County's project manager before final payment is made to Architect or upon
earlier termination of this Agreement.
9. No Assignment: The parties to this Agreement recognize that the services
to be provided pursuant to this Agreement are professional in nature and that in entering
into this Agreement County is relying upon the personal services and reputation of
Architect and his approved subcontractors. Therefore, neither Architect nor its
subcontractors may assign its interest in the Agreement or in their subcontract, including
the assignment of any rights or delegation of any obligations provided therein, without
the prior written consent of County, which consent County may withhold in its sole
discretion. Except as so provided, this Agreement shall be binding on and inure to the
benefit of the parties hereto, and their respective successors and assigns, and shall not be
deemed to be for the benefit of or enforceable by any third party. 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 Agreement.
10. Insurance: At all times during the term of this Agreement, Architect shall
maintain the following insurance:
T e of Insurance Covera e Limits
Professional Liability $1,000,000 minimum
Workers' Compensation Statutory limits
Comprehensive General Liability $ 1,000, OOO/person! occurrence
$2,000,000 a e ate
An insurance required hereby shan be issued by an insurance company or
companies authorized to do business in the State of Colorado. Architect shan deliver
certificates of required insurance to the County within ten (l0) calendar days of execution
of this Agreement by the Board.
Before permitting any subcontractor to perform any Services under this
Agreement, Architect shall either (I) require each of his subcontractors to procure and
maintain, during the life of his subcontracts, insurance which meets the requirements for
the Architect herein, or (2) provide for insurance of the subcontractor in Architect's own
policies in the amounts required hereinabove.
11. Indemnification: Within the limits allowed by law, the Architect shall
indemnify, hold and defend the County, its officials, boards, officers, principals and
employees, harmless from an costs, claims and expenses, including reasonable attorney's
fees, arising from the negligent acts, errors, or omissions of the Architect, except that
neither the Architect, its directors, agents or employees will be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any
negligent or intentional act of the County or any third party not an agent or employee of
the Architect.
Architect acknowledges that County is relying on, and does not waive or intend to waive,
the monetary limitations, or any other rights, immunities and protections provided by the
Colorado Governmental Immunity Act, CRS 924-10-101, et seq., as from time-to-time
amended or as otherwise available to County, its commissioners, officers and employees,
all of which rights, immunities and protections County expressly retains.
12. Notices: Any notice and all written communications
required under this Agreement shall be given in writing by personal delivery, FAX
(together with mail) or mail to the party to appropriate party at the following addresses:
Architect: Robert D. Johnson
1775 Sherman Street, Suite 1320
Denver, Colorado 80203
tel. 303-832-9111
fax 303-832-9135
County: Deputy Director of Facilities Management
Eagle County
P.O. Box 850
550 Broadway
Eagle, Colorado 81631
tel. 970-328-8700
fax 970-328-7720
Notices given by FAX must also be given by mail, first class postage prepaid,
deposited in an official depositary of the U.S. Postal Service within 24 hours of the FAX
transmission. Notices given by FAX shall be deemed given on the date of delivery; on
the date a F AX is transmitted and confirmed received, or, if transmitted after normal
business hours, on the next business day after transmission, in either case provided that a
paper copy is mailed the same date; Notices given by mail only shall be deemed given
three days after the date of deposit, first class postage prepaid, in an official depositary of
the U.S. Postal Service. Notices given by commercial delivery service (e.g., Federal
Express, UPS) shall be deemed given on delivery if delivered during normal business
hours.
13. Miscellaneous:
a. Architect shall not discriminate against any employee or applicant
for employment to be employed in the performance of this Agreement on the basis of
race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation,
age, political affiliation or family responsibility. Architect shall require all
subcontractors to agree to the provisions of this subparagraph.
b. The making, execution and delivery of this Agreement by the
parties hereto has not been induced by any prior or contemporaneous representation,
statement, warranty or agreement as to any matter other than those herein expressed.
This Agreement embodies the entire understanding and agreement of the parties, and
there are no further or other agreements or understandings, written or oral, in effect
between them relating to the subject matter hereof This Agreement may not be
amended, including by any modification of, deletion from or addition to the scope of the
Services, except by a written document of equal formality executed by both parties
hereto.
c. This Agreement shall be governed by and construed in accordance
with the internal laws of the State of Colorado, without reference to choice of law rules.
The parties agree that venue in any action to enforce or interpret this Agreement shall be
in the District Court in the 5th District for the State of Colorado.
d. This Agreement does not and shall not be deemed to confer upon
or grant to any third party any right enforceable at law or equity arising out of any term,
covenant, or condition herein or the breach thereof
[rest C?t page is blank; next page is signature page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year ftrst above written.
ATTEST:
~
~
lerk to the Board of Am M. Menconi, Chairman
County Commissioners
REILL Y JOHNSON ARCIDrnCTURE,
a Colorado co r 0
By:
Via E-mail and US Mail
24 June 2005
Mr. Jason Hasenberg
Director
Facilities Management Department
Eagle County, Colorado
590 Broadway
Eagle, Colorado S1631..()S50
Re: Update of Justice Center Masterplan
Dear Mr. Hasenberg:
As yon requested in our meeting of June 15th in Eagle, is pleased to submit
this Proposal to update the Master Plan for the Justice Center that we completed in September 2000.
The Master Plan completed in 2000 had a planning horizon of 20 years. We propose that the updated
Master Plan also have a planning horizon of 20 years - ending in 2025.
You asked that we prepare a Proposal that has many options, with compensation for each. so the County
may choose which of the services it feels it needs at this time. We strongly recommend, however, that all
the services (with the possible exception of the NCSC preparation of court caseload projections) described
in this Proposal be provided, for the following reasons:
1. The population of the County has increased significantly more than the projections
used in our Master Plan completed in September 2000. The County's Planning Department
puts the current pennanent population at 50,000, and the State demographer's forecast,
included in the Appendix of our September 2000 Master Plan projected the 2005
population to be 43,127. This is a 16% faster rate of growth.
2. Eagle County has a new Sheriff and Jail Administrator, who will have different views
on law enforcement and detention operations, than did their predecessors.
3. The Judicial District has a different District Attorney and Chief Probation officer than
when we prepared the previous Master Plan.
4. Construction costs are significantly higher now (2005) than in 2000.
5. The physical plant standards of the American Correctional Association (ACA)
pertinent to space requirements, in the Detention Center, have changed significantly
since the preparation of the last Master Plan.
We propose to organize our master planning services into three (3) phases.
Data Collection
Master Plan Development
Cost Modelling
Mr. Jason Hasenberg
06.24.05
Page 2 00
A brief discussion of the tasks proposed in each of these three phases, and the compensation (figures shown
in required for each is provided below. denotes "No Charge".
Inmate Population projections through year 2025 prepared by W. Raymond Nelson
W. Raymond Nelson prepared the projections used in the Master Plan prepared by RIA in 2000.
County + District Court Caseload Projections through year 2025 obtained from the Division of Planning
and Analysis in the State Court Administrators office. The State will not charge for these
projections, if they are requested by Chris Yuhas.
Court Caseload Projections prepared by the National Center for State Courts in Denver.
The NCSC prepared the projections used in the Master Plan prepared by RIA in 2000.
Personal futerviews with key Department Heads to determine Staff + Space Rqmts. for 2005, 2015, 2025
Sheriff Law Enforcement
Sheriff Detention
County Court
District Court
District Attorney
Probation
Development of Space (floor area) Requirements for 2005,2015, and 2025
Sheriff Law Enforcement and Detention
County Court
District Court
District Attorney
Probation
Detennination ofParlcing Requirements for 2025
County-owned Vehicles
Sheriff Law Enforcement
Sheriff Detention
County Court
State-owned Vehicles
District Court
District Attorney
Probation
Employee-owned Vehicles
Inmate-owned Vehicles
Jurors
Public
Preparation of Site Master Plan drawings for Current Year (2005), 2015, 2025
Preparation of Conceptual Floor Plan drawings for:
Current Space Utilization/Assignment
Proposed 2015 Space Assignments
Proposed 2025 Space Assignments
Mr. Jason Hasenberg
06.24.05
Page 3 of3
Pha5e Modelling
Construction Cost Model for 2015 "build-out" of the Master Plan
Construction Cost Model for 2025 "build-out" of the Master Plan
Total Project Cost Model for 2015 "build-out" of the Master Plan
Total Project Cost Model for 2025 "build-out" of the Master Plan
Total Increased Annual Expense Cost Model for the 2015 "build-out" of the Master Plan
Debt retirement on any borrowing to finance design and construction
Utilities (electricity, water, gas) for new building areas
Maintenance for new building areas
Janitorial for new building areas
Detention Officers required to staff the new Detention Building honsing + other areas
Food for additional inmates (based on number of new beds added)
Medical for additional inmates (based on number of new beds added)
Mr. Nelson is out of the country much of the next 2 months. He is available beginning July 25th for at least
two weeks. If we do not use him then, he would not be available until late September. Also, we would
have Alan Matlosz, public finance specialist with George K. Baum & Company, of Denver, assist us in
determining annual debt retirement calculations.
We propose to provide these Professional Services on a Stipulated Sum (fixed-fee) basis, all of which total
We would invoice monthly for the percent completion of each Task, and for Reimbursable
Expenses. The compensation for Professional Services is exclusive of Reimbursable Expenses that would
include: mileage, lodging, meals, telephone, overnight delivery (i.e. FedEx), and document reproduction.
We would bill our Reimbursable Expenses at actual cost without "mark-up", and we estimate these to be
approximately
I have spoken with Cbris Yuhas about the preparation of the court caseload projections, and she is
comfortable having the State Court Administrator's Office provide them. If the County would agree, this
would preclude the need for the National Center for State Courts to serve as a consultant to Reilly Johnson
Architecture, and thereby reduce the total compensation by
The fmal deliverable product of our work would be a bound 8 Y2 x 11 document, very similar to that
provided with our September 2000 Justice Center Master Plan, and electronic files (AutoCad 2005) of all
Site Plan and Floor Plan drawings. The estimate of Reimbursable Expenses includes the printing of 12
copies of the final document for the County.
We estimate approximately 90 calendar days to complete this work, from the date we receive a written
Notice To Proceed.
Thank you for asking for this Proposal to update the Justice Center Master Plan. Please call me with any
questions, or revisions you may require to this Proposal.
copy: Rick BackeslRJA
