HomeMy WebLinkAboutC02-048 Assisted Living Facility William Brummet Architects DesignAGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR EAGLE COUNTY ASSISTED - LIVING FACILITY This Agreement Regarding Provision of Professional Services dated as of —t5 �. z-� , 2002, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "County "), and William Brummett Architects Design, a Professional Corporation ( "William Brummett Architects "). A. County plans to plan, design and construct satellite County facilities on the county -owned assisted - living site in Eagle, CO. The County desires architectural and engineering services to prepare the design documentation for the assisted - living facility and associated site and to provide design interpretation services during construction. B. William Brummett Architects is a corporation organized and authorized to do business in the State of Colorado, a principal of which is William Brummett, whose expertise is in architecture and who is a licensed to act as such in the State of Colorado. C. William Brummett Architects has submitted to County a Proposal consisting of letters dated January 25, 2002 (consisting of eight pages total) ( "Proposal'), for performing the Work (defined in Exhibit A hereof) and represented that it has the expertise and personnel necessary to properly and timely perform the Work. D. William Brummett Architects and County intend by this Agreement to set forth the Scope of the responsibilities of William Brummett Architects in connection with the Work and related terms and conditions to govern the relationship between William Brummett Architects and County in connection with the Work. AGREEMENT Therefore, based upon the foregoing premises and the representations by William Brummett Architects, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of the Work: William Brummett Architects shall provide all labor, materials and equipment necessary to perform and complete the work described in the "Scope Of Work" attached hereto as Exhibit A and incorporated herein ( "Work "). The Work tasks are further explained in the Proposal, which is incorporated herein by this reference. a) The Work includes all those services identified in Exhibit A attached hereto, consisting of Proposal for architectural and engineering services. 1 GACPROJECT�Assisted Living\assisted living architect contract.wpd b) The Work also includes all those services set forth in William Brummett Architects's proposal documents which accompanied its proposal letter dated January 25, 2002 (consisting of eight pages total) ( "Proposal "), which are incorporated herein by this reference and which are attached hereto collectively marked as Exhibit A. C) In the event of any conflict between the text of this Agreement document and Exhibit A attached hereto, the text of the Agreement document shall control. d) The Work shall comply with all applicable laws and regulations including, but not limited to, Americans With Disabilities Act and local building codes. e) The Parties hereto recognize that the scope of the Work may change. When William Brummett Architects believes that the scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, William Brummett Architects shall within five (5) days advise County of such belief and shall also provide a statement of the maximum additional charges for such work. William Brummett Architects shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. All Work done hereunder shall be done by or under the direction and control of an Architect qualified to practice in the State of Colorado or an Engineer registered and licensed in the State of Colorado. All plans and documents shall be approved by and bear the stamp and signature of an Architect qualified to practice in the State of Colorado or bear the seal and signature of an Engineer registered and licensed in the State of Colorado. William Brummett Architects shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings and other services rendered by William Brummett Architects (including its subcontractors) and shall, without additional compensation, promptly remedy and correct any errors, omissions or other deficiencies which may occur. Nothing herein is intended to or constitutes a representation by County that it will construct the proposed project or that it will do so at a particular time. 2. Construction and Post - Construction Services: The Work as defined in Section 1 hereof includes construction and post- construction services which include, but are not limited to, the following: 1. During the Construction Phase, which shall commence upon execution of the Construction Contract by the County, William Brummett Architects shall provide the following services: a. William Brummett Architects shall be a representative of the County during the Construction Phase and shall advise and consult with the County. William Brummett Architects and the County's Representatives shall administer (review and 2 GACPROJECT\Assisted Living\assisted living architect contract.wpd approve) all schedule related requirements of the Construction Contract including, but not limited to: initial submittals, revisions and approval of an acceptable schedule; updating of the schedule; and submittal of all required back -up information pertaining to changes in the work or claims. William Brummett Architects shall be responsible for scheduling, attending and chairing all meetings with the construction contractor, and the County's Representatives necessary for obtaining the construction contractor's compliance with the scheduling requirements of the Contract. All communications between the Construction Contractor and the County shall be forwarded through William Brummett Architects. William Brummett Architects shall comply with any reasonable Project administration and /or paperwork management procedures instituted by the County. C. William Brummett Architects shall be the interpreter of the Construction Contract Documents and the Judge of the performance thereunder by the Contractor. William Brummett Architects shall render interpretations necessary for the proper execution or progress of the work with reasonable promptness on written request of either the County or the Contractor and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the County and the Contractor relating to the execution or progress of the work or the interpretation of the Contract Documents. Any such interpretation or decision by William Brummett Architects shall be subject to review and final determination by the County in those instances deemed necessary by the County. In the event the determination of the County is contrary to the interpretation or decision of William Brummett Architects, William Brummett Architects and the Contractor shall abide by the determination of the County, provided such determination is not in violation of any codes or the normal standard of professional care. d. William Brummett Architects shall at all times have access to the work wherever it is in preparation or progress. e. William Brummett Architects shall determine the amount owing to the Contractor based on its detailed observations of the work at the site, evaluations of the Contractor's Applications for Payment, and review of the schedule as currently updated, and shall issue Certificates for Payment in such amounts as provided in the Contract Documents. f. The issuance of a Certificate for Payment shall constitute a representation by William Brummett Architects to the County, based on William Brummett Architects's detailed observations at the site, that the work has progressed to the point indicated; that, to the best of William Brummett Architects's knowledge, information and belief, the quality of the work is in accordance with the terms and conditions of the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that William Brummett Architects has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum. 3 GACPROJECDAssisted Living \assisted living architect contract.wpd g. William Brummett Architects shall have authority to reject work which does not conform to the Contract Documents. Whenever, in William Brummett Architects's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, William Brummett Architects will have authority to require special inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work be then fabricated, installed or completed. However, neither William Brummett Architects's authority to act under this section, nor any decision made by it in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of William Brummett Architects to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the work. William Brummett Architects will not be responsible for and will not have control or charge of the Contractor's construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. h. William Brummett Architects shall review Change Orders for the County's approval and execution in accordance with the Contract Documents, and shall have authority to order, in writing, minor changes in the work not involving an adjustment to the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. I. William Brummett Architects shall review and approve or take other appropriate action upon the Contractor's submittals made in conformance with schedules agreed upon by the County, Architect and Contractor in the Contract for Construction such as Shop Drawings, Product Data, and Samples, but only for conformance with the design concept of the work and for conformance with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. William Brummett Architects's approval of a specific item shall not indicate approval of an assembly of which the item is a component. j. William Brummett Architects shall become familiar with and observe the progress and quality of the work to determine if the work is proceeding in accordance with the Contract Documents and the Contractor's Project Schedule. William Brummett Architects shall inform the County of the progress, quality and quantity of the work. William Brummett Architects shall be responsible for advising the County of any observable faults, defects or nonconformities of which it has knowledge or it should reasonably have knowledge in the Project or observable nonconformities with the Contract Documents and shall give prompt written notice thereof to the County's Designated Representatives. k. William Brummett Architects shall, with the County's Designated Representatives, conduct inspections to determine the dates of substantial completion and final completion of the construction, but the County's Designated Representatives shall make the final determination regarding said dates. I. Whenever necessary, William Brummett Architects shall advise and consult with the County on: (a). Any aspect of the design, materials or construction work; 4 GXPROJEMAssisted Living\assisted living architect contract.wpd (b). Any Change Order; (c). Interpretation of the Contract Documents; (d). The necessity or advisability of performing special inspections or testing of the work; (e). Written warranties and related documents provided by the Contractor or required by the Contract Documents. 2. During the Postconstruction Phase, which shall commence on the date of final completion and end one year from that date, William Brummett Architects shall provide eleven month warranty walk- through. 3. During the Construction and Post - construction phases, no design or specification contained in William Brummett Architects's final documents shall be changed or modified without first obtaining written approval of William Brummett Architects. 3. Construction Cost: William Brummett Architects shall design the Project within a total estimated cost of construction in the amount of Two Million Five Hundred Thousand and no /100 Dollars ($2,500,000.00), assuming a construction period commencing in June 2002, and completion in Spring 2003. County may increase the fixed limits in its sole discretion after approving the Schematic Design; the parties may mutually agree to increase or decrease the fixed limits not later than the approval of the Schematic Design. If the lowest bona fide bid or negotiated proposal exceeds the fixed limit by more than ten percent (10 %), County may (1) give written approval of an increase in such fixed limit, or (2) authorize rebidding or renegotiating of the Project within a reasonable time, or (3) abandon or terminate in accordance with Section 5, or (4) cooperate in revising the Project scope and quality as required to reduce the construction cost to within the estimated cost of construction provided herein or such lesser amount as may be agreed to prior to soliciting bids or negotiated proposals. In the case of (4), William Brummett Architects, without additional charge, shall modify the drawings and specifications as necessary to comply with the fixed limit, and providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit. 4. William Brummett Architects's Professional Level of Care: William Brummett Architects shall be responsible for the completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved William Brummett Architects's work shall not relieve William Brummett Architects of any of its responsibilities. William Brummett Architects and its professional consultants shall perform the Work in accordance with the terms hereof and, to the extent that specifications for the provision of professional services are not set forth, shall perform such Work in a skillful, professional and - competent manner and in accordance with the standards of care, skill and diligence 5 GXPROJECT\Assisted Living \assisted living architect contract.wpd applicable to architects, structural, electrical, mechanical and other engineers, and other professionals, as the case may be, with respect to similar work. 5. Time of Performance and Termination: a) William Brummett Architects shall commence the Work within five (5) business days after the date of this Agreement. William Brummett Architects shall complete the Work in accordance with the Project Schedule attached hereto as Exhibit C and incorporated herein by this reference, provided that completion dates for any one or more of the tasks identified in the Project Schedule may be extended by the County at its sole discretion. b) It is mutually agreed that time is of the essence in the successful completion of the Work and that such Work shall be performed diligently and without interruption at such rate of progress so as to accomplish completion within the Project Schedule. The completion dates as set forth in the Project Schedule include a reasonable time for the reviews and approvals required by this Agreement. Should William Brummett Architects be unreasonably delayed by the failure of any person or entity to provide the required review or approval within such reasonable time, William Brummett Architects shall be entitled to an appropriate extension of time after a written request for such extension has been submitted to and approved by County's designated representative in writing. No time extension will be granted without a determination that good cause exists for such extension. Should circumstances and events reasonably permit, William Brummett Architects will complete the work prior to the cumulative times set forth above. C) County may terminate this Agreement, in whole or in part, for its convenience upon providing notice to William Brummett Architects. Upon such a termination, County shall be liable only for Work satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Work which have not been satisfactorily completed, provided that, at its sole option, County may require that William Brummett Architects complete particular portions of the Work on a time and reimbursable expenses basis consistent with paragraph 4 hereof. Upon termination William Brummett Architects shall deliver to County all drawings, illustrations, text, data and other documents entirely or partially completed, together with all material supplied to William Brummett Architects by County. Payment will be due within thirty (30) days after William Brummett Architects has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due. D) Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to William Brummett Architects for any Work done after December 31, 2002, 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 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law (C.R.S §29 -1 -101 et seq.). In the event funds are not appropriated beyond 6 GXPROJEC I1Assisted Living \assisted living architect contract.wpd �F C71' 1999 clause 5b shall apply, although it is the County's intent to appropriate additional funds for work occurring beyond 2002. 6. Compensation and Payment: In consideration of its performance of the Work, William Brummett Architects shall be paid a fee of $144,316.00 (not including on -site construction observation, paragraph 2.1.m.). This fee is the total amount payable to William Brummett Architects for performance of the Work, including time and Direct Expenses. Direct Expenses are direct costs incurred in conjunction with the project, including, telephone, facsimile, postage, delivery fees, mileage reimbursement, vehicle rental, housing, meals, entertainment, photocopies, photo reductions, film processing, progress blue prints, check sets of construction documents including specifications at the end of each design phase (maximum 6 sets each) and miscellaneous and normal job material costs. The total payment for for the Work, and for each task identified in the Proposed Fee and Cost schedule attached hereto as Exhibit B and incorporated herein by this reference shall not exceed the amounts set forth on Exhibit B. Services in addition to the Work, if any, shall be compensated in accordance with the rate schedules set forth in Exhibit A attached hereto and incorporated herein by this reference, whichever is applicable. Prior to performing any additional services to the Work, William Brummett Architects shall submit an estimate of the probable cost and a maximum, "not -to- exceed" cost for the additional services based on those rate schedules. No additional services shall be performed prior to execution of a written amendment to this Agreement. Payments shall be made in accordance with the following: a) William Brummett Architects shall submit to County monthly invoices of the progress made and expenses incurred during the previous calendar month. Such invoices shall segregate the charges for work done by task, and shall describe the Work performed, including the percentage of completion William Brummett Architects contends was accomplished during the month, and expenses incurred. Upon request, William Brummett Architects shall provide County with such other supporting information as County may request. b) Progress invoices shall be made in conformance with William Brummett Architects's allocation of the fee among the classes of services set forth in its Proposal. C) William Brummett Architects's invoice shall be payable within thirty (30) days after submittal by William Brummett Architects together with submission of any required clarification and documentation. d) William Brummett Architects 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 7 GACPROJECr\Assisted Living \assisted living architect contract.wpd accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. 7. Project Management: William Brummett, is designated as William Brummett Architects's Project Director for the Work. Richard Cunningham shall be County's manager responsible for this Agreement. 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. 8. Independent Contractor: 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. William Brummett Architects shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of William Brummett Architects shall be, or shall be deemed to be, the employee, agent or servant of County, William Brummett Architects shall be solely and entirely responsible for its acts and for the acts of William Brummett Architects's agents, employees, servants and subcontractors during the performance of this Agreement. 9. Personnel: William Brummett Architects understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of William Brummett Architects, and specifically William Brummett. The County understands and accepts that William Brummett Architects will subcontract portions of the Work as follows: Mechanical, Electrical and Plumbing Engineering to M. E. Engineers;; and Structural Engineering to Monroe & Newell Engineers, Inc. The tangible "deliverables" to be provided to County shall be completely reviewed by William Brummett and William Brummett Architects. This Agreement is conditioned upon the continuing direct personal involvement of the persons identified in this Section in the Work. Neither William Brummett Architects nor its approved subcontractors may assign its interest in the Agreement or in their subcontract, including the assignment of any rights or delegation or subcontracting of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. 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. Ownership of Documents: County acknowledges that William Brummett Architects's (including its respective consultant's) plans and specifications are instruments of professional service. However, William Brummett Architects's design, all plans, specifications and all other instruments of professional services pursuant to this Agreement, in any form, and regardless of stage of completion, shall be the sole and exclusive property of the County, whether or not the project is completed. William Brummett Architects shall be permitted to retain copies of all such plans, specifications and other documents, but agrees not to use them for any other project. County agrees it will not use the plans, specifications and other documents for any other project or purpose other than for the project (including post - completion maintenance, reconstruction, expansion and remodeling) described in this Agreement. County shall have the sole and exclusive right to assign, sell, transfer or convey any or all of its right, 8 GACPROJEMAssisted Living\assisted living architect contract.wpd 6 title and interest in and to the design and all drawings, plans, specifications and any and all other work products produced by William Brummett Architects pursuant to this Agreement, subject to the same use limitation. 11. County Responsibility for Disputes: Any dispute arising as to the interpretation of this Agreement shall be resolved by the County's designated representative. William Brummett Architects agree to abide by that decision and shall not cease work under this Agreement pending a differing determination from the district Court of Eagle County on the disputed issue. 12. Insurance: At all times during the term of this Agreement, Contractor shall maintain the following insurance: a) Type of Insurance b) Professional Liability C) Workers' Compensation Coverage Limits $1,000,000 minimum As required by Colorado law C) All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. William Brummett Architects shall deliver certificates of required insurance to the County before commencing the Work. d) Before permitting any subcontractor to perform any work under this Agreement, William Brummett Architects shall either (1) require each of his subcontractor to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own policies in the amounts required hereinabove. 13. Indemnification: Within the limits allowed by law, each party hereto shall indemnify the other party for, and hold and defend the other party and its officials, boards, officers, principals and employees, harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent, reckless or willful acts or omissions of, or representations by, the indemnifying party in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the indemnified party to the extent that the indemnified party is liable to such third party for such claim without regard to the involvement of the indemnifying party. Notwithstanding the foregoing, William Brummett Architects 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, (C.R.S §24 -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. 14. PATENTS - COPYRIGHTS: William Brummett Architects agrees to protect, defend, and save harmless the County against any demand for payment for the use of any patented 9 GACPROJECrAssisted Living \assisted living architect contract.wpd or copyrighted material, process, design, article or device that may enter into the work being performed by William Brummett Architects under this Agreement. 15. [There is no paragraph 15] 16. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party at the following addresses: a) William Brummett Architects: William Brummett 535 East Mexico Avenue Denver, CO 80210 Phone: 720/570 -2302 Fax: 720/570 -2340 b) County: Richard Cunningham Director, Facilities Management Eagle County P.O. Box 850 Eagle, CO 81631 Tel 970 - 328 -8881 Fax 970 - 328 -8899 [rest of page is blank] 10 GXPROJECT\Assisted Living\assisted living architect contract.wpd C C. With a copy to: County Attorney's Office P.O. Box 850 Eagle, CO 81631 Fax 970 - 328 -5219 C) Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. d) This Agreement is managed by the Eagle County Facilities Management Department. Day -to -day issues and communications, not requiring formal, contractual notice, should be directed to that department. 17. Miscellaneous: a) William Brummett Architects 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. William Brummett Architects shall require all consultants 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 or, deletion from or addition to the scope of the Work, 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) No waiver of any breach or failure of either party to insist on strict performance of any one of the agreements, terms, conditions or covenants herein set forth, shall be deemed to imply or constitute a waiver of any other agreement term, condition, or covenant or the right thereafter to enforce any other default of such agreement. e) 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. 11 GXPROJECIIAssisted Living\assisted living architect contract.wpd r f) Subject to the prohibitions against assignment and subcontracting above, 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. [rest of page is blank; next page is signature page] 12 GACPROJECT1Assisted Living\assisted living architect contract.wpd C IN WITNESS WHEREOF, the parties have executed this agreement the day and year first written above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Clerk to th(6 Board of County Commissioners William Brummett Architects, A PROFESSIONAL CORPORATION 0 [PRINT NAME & TITLE] 13 GXPROJECT\Assisted Living\assisted living architect contract.wpd r Exhibit A 14 GACPROJEC1 Assisted Living \assisted living architect contract.wpd rROM )000000 00000000000( PHONE NO. A Professional Corporation PROPOSAL FUR ARCHITECTURAL SERVICES 3037441063 C, ' Jan. 25 2002 05: 47R I P:_ Kevised January 25, 2002 (Note additions yfpdprlined, omissions- stfteiceff) Client- Mr. Rich Cunningham Eagle County Facilities Manager Eagle County Building 500 Broadway, Eagle, Colorado 81631 Project: Eagle County Assisted Living Page 1 of 6 f'1 t„oritext of P� r�pi'sal � _ _ A....Sff+a i. The site parcel is located approximately 1/4 mile south of the Eagle County Building, adjacent to a senior /affordable housing development and a City Park. The site is gently sloped, trapezoid shaped, and has vehicular access from the north_ Preliminary design studies suggest a mufti-,story (likely two -story) building will need to be created to accommodate the program /number of units, open space and parking on this site. fl. An amendment to the existing PUD will be required. iii. A site boundary and topographic survey, as well as soils testing, will be required and provided by Eagle County at the time of commencing design. B. 8pffding i. The population to be served by this assisted living facility is primarily lower income frail seniors. This facility will not serve those with advanced dementia. ii. The building will be approximately 17,000 square feet. iii. The building will likely be one or two story, wood frame(1 -hour rated) construction. "''iv. 24 resident units will be included, approximately 16 studio and 8 one bedroom_ v. Dependent on architectural programming (which has not been completed to date, and is included in this proposal), the common space will likely include dining and commercial kitchen, living and activity space, administration space, open stair, utility and mechanical space, assisted bathing room(s), and circulation. 535 East Mexico Avenue Denver, Colorado 80210 Ph. 720.570.2302 Fx.720.570.2340 wbrummettQgwest -net January 25, 2002 Page 2 of 6 Client: Eagle County, Colorado Project: Eagle County Assisted Living Context of Proposal, continued A Preliminary conceptual building cost analysis suggests a hard cost budget of approximately $2.800.Q00 L16.000 16,000 s.f_ x $1751 s.f.). ibis is to be confirmed by Eagle County. C. Process L The architectural team will consist of the Architect and, as consultants to the Architect, Structural Engineers and Mechanical /Electrical /Plumbing Engineers, as noted in this proposal and approved by Eagle County. ii. William Brummett Architects, P.C. will contract directly with Eagle County. iii. Civil Engineering, Planning, Landscape Architecture, General Contracting for Construction, and Project Development/Finanoing Management are not included in this proposal. iv_ The Architect will coordinate design, documentation, cost control efforts (as coordinated with Owner's cost estimator) as related to design, and construction administration with Eagle County and its contractors (including those listed above), regulatory and approval agencies, and financing entities. v_ Regular design and documentation reviews and approvals will be coordinated with and required of Eagle County. vi. A Construction Manager /General Contractor or Professional Construction Cost Estimator will be engaged by Eagle County early in the design process to conduct cost analysis throughout the design and documentation of the project. 335 East Maxico Avenue Denver, Colorado 60210 Ph. 720.570.2302 Fx. 720.570.2340 wbru rnmettQgwest. net Januacv 25, 2002 Page 3 of 6 Client: Eagle County, Colorado Project: Eagle County Assisted Living 2ttvtCr'5P 54 +1 zz Jan. 25 2002 05 :48P[l P4 A. Seririces On ieuv William Brummett Architects, P.C. will provide full- service architectural programming, building design, documentation, review agency submittals, and construction administration as outlined below. B. Phaseiv Phg %e Services_ rt ine Phase 1: Design will include: i. Architectural Program ii. Building Floor Plans iii. Unit plans iv. Building Exterior Elevations v. PUD Amendment Submittal (as coordinated with and directed by County's selected Civil Engineer /Land Planner) vi. Building Sections vil. A Design Narrative including descriptions of interior and exterior finish materials, fixtures, mechanical, electrical, plumbing and structural systems for use in cost estimating viii. Coordination with Architect's engineering consultants ix. Preliminary review with County Building Department x. Assistance with County's Selection of Cost Estimator /General Contractor xi. Coordination/value engineering with County's Selected Cost Estimator /General Contractor Suggoted review and ,approval meeting§ with County and consultartt _ this pha4f.1. 1 _ Schedule, Agreement, Architectural Program Nola: the County must provide a survey with site boundaries, setbacks required, existing utilities, and topography for the Architect to proceed beyond this point 2. program confirmation, Site Plan review, Building and Unit Plan review. 3. Site Plan confirmation, Building and Unit Plan review, Exterior Elevation review. 4. Submittal for PUD amendment, initial concurrent contractor 535 East Mexico Avenue cost estimate begins. Denver, Colorado 30210 5. Interior and exterior finish material review, WE/P systems Ph. 720.570.2302 review, fixtures review. Fx. 720- 570.2340 6. Wall sections review, finalize design aspects of all above. wbrummett @gwest.net 7_ Final Design Phase Approval, second cost estimate submittal January 2a. 2002 Page 4 of 5 Client: Eagle County, Colorado Project: Eagle County Assisted Living B. Phase by Phase Services Outline, continued Phase 2: Construction Documentation will Include: i. Architectural Site Plan ii. Building Floor Plans iii. Unit Enlarged Floor Plans iv. Reflected Ceiling/Lighting Plans v- Roof Plan vi. Building Sections vii. Exterior Elevations viii. Wail Sections ix. Interior Elevations x. Door, Window, Finish, Hardware Schedules xi. Specifications and General Conditions Book xii. Exterior Details xii. Interior Details xiii. Coordination with Cost Estimator /General Contractor for pricing and final bid/GMP xiv. Coordination with and submittal to Building Department for permit Suggested review and annroval meetings with County and consultants_ this QhaseL 1. Contractor's second cost eswtimate review, 25% Construction Documents. 2. 50% Construction Documents review and cost estimate update 3. 75% Construction Documents review and cost estimate update, submit to County for permitting - 4. Final Approval Phase 3: Construction Administration will include: i. Ongoing review and approval of Contractor submittals ii. Ongoing review of Contractor RFI's (questions) iii. Review and approval of Contractor Payment Requests (with County) iv. Review /NegotiatiordApproval of Contractor Change Orders (with County) v. Monthly on -site meetings/observations vi- Project close -out, punch list. vii. Final approval of project close -out (with Owner) viii. Ongoing coordinationlresponse with Contractor, County, and code review agencies throughout construction 535 East Mexico Avenue Denver, Colorado 80210 Ph. 720.570.2302 Fx. 720.570.2340 wbrummett @gwest.net FROM : )000000 00000000000 tNillim Hfi�t��tt�3f 1�fG�1lPCtS 535 East Mexico Avenue Denver, Colorado 60210 Ph. 720.570.2302 Fx. 720 570.2340 wbrummett@gwest -net PHONE NO. : 3037441063 C1 Jan. 25 2002 05:49PM P6 PROPOSAL FOR ARCHITECTURAL SERVICES B. Phase by Phase Architectural Fee Breakdown i. Phase 1 Site Planning and Building Design Duration Phase Total Fee Approx. 2 months $21,600. jj, Pha*g 2 Construction l2.=jmrnt$tion Duration Phase Total Fee Approx. 2 months $40,400. iii. Phase 3 Permiting and BiddingNalue Engineering Duration Phase Total Fee Approx. 1 month $3,600. iv_ Phase 4 Construction Administration Duration Phase Total Fee Approx. 10 months $32,200. Architectural Total Fee $94,OOO_ C. Structural Engineering Fee Monroe & Newell Engineers, Denver $18,500. D. Mechanical/Electrical/Plumbing Engineering Fee M -E Engineers, Denver $19,500. E. Total Fee *Plus reimbursable expenses $132,000" rROM )000000 00000000000 Us/lliianl P,r+�111t»Qt�'/�,��'�ltGCS, 535 East Mexico Avenue Denver, Colorado 802t0 Ph. 720.570.2302 Fx. 720.570.2340 wbrummott ®gwest.net PHONE NO. : 3037441063 ' Jan. 25 2002 05:49PM P7 PROPOSALFOR ARCHITECTURAL SERVICES January 10, 2002 Page 6 of 6 Client: Eagle County, Colorado Project: Eagle County Assisted Living F Payment Fee for Architectural services will be invoiced monthly as a percentage of each phase completed, against the maximum amount per phase_ Structural, MechanicaVElectrical /plumbing fees will be invoiced through the Architect. Payment will be due on the 5th day of the following month_ Failure to remit payment within 60 days will be due cause for the Architect to stop work. G. Reimbursable Expenses and Nat to Exceed Estimate 1. Mileage, out of town travel, meals and lodging if necessary. 1 5 2. Reproductions, including blueprints{, photocopies, photographs. $9,200.00 3. Postage, express mail and courier charges. $1,200-0 4. Long distance telephone charges X360.00 otaI $12,316.00 " based on 6 sets prints x B'cycles printing (no contractor sets). CD level sets (3) include architects consultants, consider approximately 60 sheets per set (no contractor sets) H. Hourly Rates for Additional ftyices AADy additional services rgquested by aoI2 Qounty bevond the scope of this work will be billed at the rates, below: E!rincipal. PrqLqgtALqhitect uuo $95ht+ Senior Draffspeo-pa $6 1 _ Civil Engineering or land planning beyond the scope of architectural site planning. 2_ Site surveys or testing. 3. Landscape design/architecture, 4. Interior furnishings selection (movable items). 5. Professional architectural renderings or models. 6. Food service design and equipment consultation/specifying Owner Architect Date Date 'FROM - ) 000000 00000000000 ; A Professional Corporation PHONE NO. = 3037441063 C,. Jan. 25 2002 05 :50PN P8 Revised January 25, 2002 Draft Architectural Program Approx .sa. ft. 9 Total sa. ff. Resident Rooms Studios (smaller) 300 8 2,400 Studios (larger, studio plus) 375 8 3,000 1 Bedroom 490 8 3,920 Subtotal resident rooms 9,320 ( +720) Shared Space Dining Room 450 (16 +s.f. /person x 26 people)450 Lobby /Reception 160 1 160 Living Room /Parlour 240 1 240 Exercise Room 250 1 250 Private Dining Room 230 1 230 Craft area/activity kitchen 140 1 140 Libraryleomputerlintemet 140 1 140 Public bathrooms 50 2 100 Resident storage (basement) 200 1 200 Beauty 168 1 168 ,Resident lauRdjX 80 1 140 Subtotal shared space 2,218 (-432) Staff Space Observation /reception (s.f. in above "Lobby /Reception ") Conference 280 1 280 Office 120 1 120 Work/copy 100 1 100 Consult 100 1 100 Staff Laundry 140 1 140 Staff break 140 1 140 Staff bathroom 40 1 40 Assisted bathing/spa 120 1 120 Med Room 40 1 40 Commercial kitchen 700 1 700 Kitchen storage 350 1 350 Storage (basement) _ _ 200 _ _ 1 _ 200 Overall Subtotal Utility /mechanical space Factor 4d16 535 East Maxico Avenue Circulation Factor 15% Denver, Colorado 80210 Ph. 720.570.2302 Fx. 720.570.2340 "fetal Square Footage Estimate wbrummettQgwest.net 13,868 ( +88) 400 2,025 16,293 G.S.P_ ( -247) *FROM : )000000 00000000000 Wi1l.rm F3i�urninc[i,�Ate�rt• ,.ts Corporation A Professional PHONE NO. : 3037441063 Jan. 25 2002 05 :50PN P9 G' Revised January 25, 2002 Draft Schedule Outline Note: This schedule for planning _ ug Mes Qnly and may be affected by PUD Amendment process and/or work performed by others. Phgse 1 Design as ApRmKimate Data 1. Schedule, Agreement, Architectural Program Week 1 Jan. 21 Note: The County must provide a survey with site boundaries, setbacks required, existing utilities, and topography for the Architect to proceed beyond this point 2. Program confirmation, Site Plan review, Building and Unit Plan review. Week 2 Jan. 28 3. Site Plan confirmation, Building and Unit Plan review, Exterior Elevation review. Week 3 Feb.4 4. Submittal for PUD amendment, initial concurrent contractor cost estimate begins_ Week 4 Feb. 18 5. Interior and exterior finish material review, M /E/P and S systems review, fixtures review. Week 6 Feb. 25 6. Wall sections review, finalize design aspects of all above_ Week 7 Mar 1 7. Final Design Phase Approval, second cost estimate submittal Week 8 Mar. 8 Phase,? Constructlon DoGU enIS 1. Contractor's second cost eswtimate review, 25% Construction Documents. Week 10 Mac22 2. 50% Construction Documents review and cost estimate update Week 14 April 22 3. 75% Construction Documents review and 535 East Mexico Avenue sub contractor bidding, submit to Denver, Colorado 80210 Ph. 720.570.2302 County for permitting. Week 18 May 22 Fx 720.570.2340 wbrummettQgwest.net 4. Final Approval (Construction Begins) Week 22 June 22