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HomeMy WebLinkAboutC06-115 ('06 -i15 ~5D , CONCEPTUAL DESIGN AGREEJ\.IENT nceptual Design Agreement ("Agreement") dated a<; ofthi~ ~ day of , 2006, is between the County of Eagle, State of Colorado, a body corporate and p' itic, by and thwugh it~ Board of County Conunissioners ("COtUlty"), and Morter Architects. a Professional Corporation located at 2271 N. Frontage Road W., Suite C, Vail, Colorado 81657 ("Architeet"). WHEREAS, Eagle County is desirous of pre:;erving exi:;ting housing for its elderly eitizem of Eagle County: and WHEREAS, the County is in the proce<;s of planning, developing and eventually oon:;tmcting additional housing fi}T elderly citizens which will he adjacent to the Golden Eagle Apartment:; located in Eagle, Colorado; and WHEREAS, the County i<; in need of an arehite<:tural company to prepare a <:onceptual de<;ign that will maximize the potential of the site by researching variou<; <:ombination<; of unit types (i,e., independent living units, low income units, fully a<:ce~sible unit~ and other type~ of living ammgements); and WHEREAS, the Architect hws repre:;ented that it has the experience and knowledge in the subjectmatterncce<;sarytocal1yomthe~ervice:;outlinedinSectionl.l hereunder; and WHEREA..~, the Architect is a corporation anthorized to do bu,iness in the state of Colorado; and WHEREAS, County wi~hes to hire the Ar<:hitect to perform the tasks as~ociated with stich services outlined in Section 1,1 hereunder; and WHEREAS, County and Architcct intend by this Agreemem to set forth the scope of the responsibi1itie~ of the Archilect inconne<:tion with the service, and related teTIl1S andwnditions to govern the Telation:;hip between Architcct andCoumy in connection wi ththeservice,. A2reement Therefore, based upon thercpresentations by the Ar<:hitect set forth in the foregoing recitals, for good andvaluilble cOllsideralion, induding lhe promises se t forth herein, the panics agree to the lollowing: I. Services PrMided: Ll The Architect will provide the architectural de:;ign service, as more particularly <;et forth in the attached Exhibit "A," (hereinafter called "Architectural De,ign Services''). The Architectural De:;ign Services as generally de~crjbed will en<:ompa:;<; the conceptual de~igns for Lot IA as follow~: . Architect will investigate maximilmg the potential uflhe site by research various combinations ofullittypes; inc!uding, but not limiledto, indcpcnde m Jiving units, low incomCullits.fullyaccessibleunit"familyuuits, and othcrtypes 0 fliving arnmgcmCnl,as seem appropriatc. . An:hitectwill rese::lrcb ,ite usage rcquirements, such as parking.emerg encyvehicle access, and clunnl Town of Eagle land use requirement, to detennine how they impaclthcdcvelopmemoflhe,ite. . Archited will provide two or three schemes for the Couuly's review and subsequent prescntalion to the Board of County Cornrni,sioners, 1.2 The Architect agrees that it will not enter into allY archiledurallconsnlling arrangements wilh third partie, that will cooflier in any m,llmer with the Architectural Design Services, ].3 Architect has given the County a proposal for pcrforming the Architectural Design Scrvices andreprescnted that it ha, the expcrtise and personne] necessary to pro perly and timcJy perfomltheArchitcctural Design Services. 2. Term of Agreement: 2,] Archited shall commencc the Services no later than ten (10) business days after the date of this Agreement. Archilecl shall complete the Services by May 23, 2006. 2.2 Cotlnty may lerminate this Agreement, in whole or in pwt, for its convenience upon providing ten (10) day written notice to thc Architect. Upon stich termination. the County shall be liable only for Architcctllral Dcsign Services satisfal.-1:orily completed prior to the notice. At its solcdi,crelion,theCounlymayrcqnirethatthc Architectcomplet e particu]ar portions of the Architectmal Design Services on a time and reimbursable expenscs basis consistent with paragraph 3 hereof Upon termination the Architect shall deliver to County all data and other documenLE entirely or partially completcd, logethcr wilh all material supplied to thc Architect by the County. Paymenl will bc due within thirty (30) days after the Archilect has delivered the last of the partially completed documents. togcther with any records that mllY be re quiredto determine the wllountdue. 3. Compensation and Payment: J.t In con,ideration of ils performance of the Architectural Design Scrvices, Counly shall pay Architect for its time and reimbursable expenses, provided the total fces andexpcnses for the Services ,hall not excccd $20,000,00. Time will be paid in accordance with the Rale Schedule incJuded in Exhibit "A," attached herelo and incorporated herein by thi, reference. Pa,ment shall be madc in accordancc with the following: 2 e ( " Architecl shall submil to the County progress invoices regarding one or more of thetashidentifiedin"ScopeofWork" Suchinvoice,.\hallde~cribetheServicespe1fol111edand reimbursable expem.es incurred. The Architect shall provide the County with such other supporting information as the County may reqlle.l\. be Architect shall maintain comprehensive, complete and accurate records and accoulIlsofils perfonnance rclating to this Agreement fora period oft hree (3) years following final payment hereunder. which period shaH be extended at County'> reasonable request. County shall have thenght within such period to in'>peclsuchbooks,recurds and documentsupun demand, with reasonable notice and at a rea,onable time, for the purpo.le of determining, ill accordance with acceptable accOllllting and auditing ,tandun!<>,cumplia nce with the requiremems of this Agreement and the law_ 4. Independent Contractor: 4el Withrespcct to the provi,ion of the Consulling ServiceshereClnder ,Architect acknowledges that Architect i., an independent contractor providing Arc hiteclllralDesign Services to the County_ Nothing in thi, Agreement shall be deemed to make Architect an agent. employee. partner or representative ofCoUl1ty. 4e2 The Architect ,hall not have the authority to. and will not make any commitment, or enter into any agreement with any pany un behalf of COClnty without the "Titten consent of the Board of County Commi>sioners_ 43 At all time, during the tenn of this Agreement, Architect shall maintain the following Ill.\urance: ofIusurance COy ra eLimit> rofessionalLiability 1.000.000 minimum orkers'Compensation tatUlory limit.1 All insllIance required hereby shall be issued by an in,urance company or co mpanicsauthorized to do busine.ls in thc State Df Colorado_ Architect shall deliver cenificate, of required inwrance to the County within fifteen (15) calendar day.1 of execCltion of this Agreement by the Board. Before pennitting anY-lUbcontractor approved by County to perform any Se rvicesunder thi.1 Agreement, Architect shall eithcr (I) require each of hi> subcontractors to procure and maintain, duringthelifeofhi"ubcOlllral.-"lS, insurance which meets therequir ementsfortheArchitcct herein. Or (2) pl'Ovide fOl' inwrance ofthc.lubcontructor in Architec t'sownpolicic.linthe amounts required hereinabove. ,. Ownership of Documents: All documents (indClding electronic files) which are obtained dUl'ing or prcpared in the 3 perfoffilance oflhe Services >hall remain the pwpelty of the County and are lobe delivered to County before final payment i~ made to Arehitect or upon earlier termination of this Agreement. 6. N()A~signment: The panies to this Agreement recognize that Ihe COlliulting Services to be provided purwant to this Agreement are professional in nalllre and that in entering into Ihis Agreement COlUlty;, relying upon theprofe~sionalservio::es and reputation of Architect and it> approved .\llbcontractors_ Therefore, neither Architect nor its subcontractors may assign its inlerest in Ihis Agreement orin its subcontracl,inc!lldingtheassignmenl of any rights ord e1egationofany obligatiollsprovided Iherein, withoul the prior written consent of Coumy. which consent County may withhold in its sole discretion. Except as so provided, thi~ Agreement shall be binding on and inure to the benefit of the parties hereto, and their respe ctiveSll<:cessor.\and a.\signs, and shall not be deemed 10 be fOl' the benelitoforentorceableb y any third party_ Unless .\pecifio::ally stated to the contrary in any wriuen consent to an a.\signment, no assigl1luenl will release or discharge the a.\signor from any duty or re.\ponsibility under the Agreement. 7. Notices: 7.1 Any notice and all written communications required WIder this Agreement .\hall be given in writing by personal delivery, facsimile or U.S. Mail to the other pal1y at the following addresses: (a) EagleCounlyEngineer 500 Broadway PO Box 850 Eagle, CO 81631 with a copy 10: Eagle County Attorney's Office 500 Broadway POBox 850 Eagle, CO 8163J (b) Morter Architect, Attn: James R. Morter, FAIA 2271 N_FrolltageRoad W. SuiteC Vail, CO 81657 7.2 Notio::e.1 shall be deemed given on Ihe dale of delivery; on the date th efac.\imileis tmmmitted and confirmed received or. if transmitted after normal busine.\S hours, on Ihe ne"t business day after transmission, provided Ihat a paper copy i.\ mailed Ihe ~ame date; 01' Ihree days 4 after the date of de pus it, fimc!asspostageprepaid,in an official deposi tory of the U.S. Postal Service. ,. Miscellaneous: 8.[ This Agreement shall be interpreted in accordance with the laws of the Statc of Colorado andtheparlieshercbyagreetosllbmittothejuri,dictionofthecOllrl,thereof. Venue shall be in DislrictCourtinEagJcCounty. '.2 Architect shaJJ not discriminate against any employee or applicanl for employment to be employed in the pcrformanec of this Agreement on the basis of race, colo r,religion, national origin, sex, ancestry, physical handicap, sexual orientation, age. political affjliationor family responsibility. Architect shall require all subcomractors toagrec 10 the pl'Ovisionso flhi, subparagraph. ,.3 AIJ doclImems (inc!llding elel11'Onic files) which are obtained during or prepared in the pe1formance of the Architectural Design Services remain the property of the County and arc 10 he delivered 10 County before final payment is made to Architel1 or upon earlier terminalion of this Agreement. 8.4 This Agreement constitutes thc entire Agreement between the parties related to ilssubjeelmalter. It sllper'edes all prior pl'Oposals, agreements and lllldcrstandings. 8.5 This Agrcement docs not and shall not be deemed to confcr llpon or grant to any third pal1y any right cnforeeable at law or equity arising out of any term,eov enant, or eondition herein or the breach thcrcof. 8.6 Thc making, cxcculion and delivery of this Agrcement by lhepa11iesherelO has not been indlleed hy any prior or eomemporancous reprcscntation, statemem, wa lTamy or agreement as to any matter other than those herein expressed. TIlis Agrccmem embodies the entire understanding and agreemcntofthe parties, and there are no further or olheragrccments 0 runderstandings. written or oral, in effect between them relating to lhe subject mattcr hereof. This Agreement may notbeamended,ineludingbyanymodificationof,deletionfromoraddition 10 the Scope of Work, cxcept by a written document of cqual fonnality executed by both parties hcreto. IN WITNESS WHEREOF, the parties hereto have executed thi, Agreement lhe day and year fm;tabovewrittcn. 5 comiTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ~)~.'. ".~~ Clerk to the Board of '~; .> Peter F, Runyon, Chiiinnan COlilltyCommissiofiel's .'".,.'. MORTER ARCHITECTS, aProfes~ional Corporation By: W,.'WMC"",,,ltiog .w",,,,,,"'with Mo"", Moh;""',,.OOc 6 MORTER , , Ma'ch23,2006 Claudia Alexander Golden Eagie Sen;orApartments 700Broadway,POBox850 Eagle, CO 81831-0850 Re, Golden Eagle Elderly Housing LollA OearCraudia, Wewanled to tI1ank you again lor choo"lng us for this project As we understand It, lJ1er8 will be two major design phases forll1is projecl, The firsl phase, as outlined Inlhis LellerolAgreemenl,willencompass conceptual designs for LoI lA The second phase, the design and completion olConstruction Documenlsand ConstruClionAdminlstralionloranapprovedscheme,willbedefinedundaraseparaleagreemenl, Scop8oIWo'" . We will invesligate maximizing Ihe potential oftha sije by looking Into different combina~on$ olunll lyp~;jnolllding,bulnotljmitedto.independentli\lingunils,lowjncom"unIts, lully oocooslbleunlls, lamilyunlts, and olher lypes 01 Iluing arrangements as seem approps;ate, . Wewillresearcl>siteusagerequlreman18,SUOhasparking,emer~ncyvehldeaccess,and current Town 01 Eagle land use requirements to see how lhey Impact the development oIthe site. . Wawill prO\lldetwo orltlreeschemesforyourreolewandsubsequentpresentalion10 the 80ard of C<lunlyCommissiorlars, Schedule Forlhlsportionofthedes;gn,weanb<>pateinm,"oompletionoflheSChemaSwithinfour(4)wooks Atwhich tima, we will present the schemes forcommenls and assign conceptual pricing 10 the project based on remntly completed projects of similar scope. An additional two (2) weaks subsequenl to this ~me would be needed to preparepresenlallon documents for lhe Eagle Coonty 80ard Of Commissioners. Althe8oard'sdirec~on,wa willgalherOOr\CElptualestimateslromaContraclorduringthis2weekPerlod, ProfesslonalFG8S Weprojecl Our fae for lhe above Soope of Work w,l be $16,000, Atthe Board'sdir8Clion, wewillW<lrkal arriving at a ooncaplualoostestimalewilhGeneral Contractors al an addition al laeof $4,000, AddilionalW<lr!( notoullined herein will be billed al Our nonnal houriy rates. As slated In ourleuerdaledFebruary27,2000, Jim Mooer'stime will not 00 billad dtrring this firsl phase, SlandardHourlyRales: JamesR.Morter,FAIA S260perhour ArchilecturalStafl' $70 to S135 per hour Clerical $55 per hour EXHIBIT I_~ Reimbursablee><pel1ses, 5uchastravaj.longdistancelelep~one.pnntl limest~ei'costtous, Please la(us Know il Ihese lerms ara acceptable 10 you by signing and welookfarwardtoworkingwill1";1"ocreateasensible,affOrdellle,ar '~';;!tfl!J)vJ , \ James R.Mmtar, FAI~ MorterArchilects .. r , , , MORTERARCH ITECTS .0. P'ob~:cr.,,1 Goc"C,,"~'O;1 ,',:'111 ':U':.l~<-.,," ,,v ,,,'",C .. "~,,:)I.ld.:":'Y ,!-:",'.1.';"" ,i0iJ,''o~''''~Gh ""," Ir~~:""c"'e'(";''''',.,,,P Letter of Transmittal Dale: April 4,2006 To, ClaudiaAlElxande, From: KanBridges Company: Golden EagJeSen;orApartments 700 Broadway Eagle,CO 328-6970 Via: CC; Project: Gold&nEagleSen;orHousing proj..ct# 0603 Please find enclosed the following: Dated Copie5 " 413106 . Signad Letler of Agreement Remarks: Dear Ms,Alexander. Enclose\l are Ihe lour copies of the Conceplual D€sign Agreement betwe en EagleCounlyand Morter Architects. We have signed tile four copies provided by you, with the understandi ng that differenlterms and provisions will be necessary as we move forward into the neKl phases of de signand,ultimately, constructiondocumentsbeyondthelimitedscopeolthisagreemen1. Sincerely. KenBlidges 8'r' P:\0603-GoldonEogloSe";,,,"parlments\Oocumonl8".O!;<)wn",Client Corleopcndon"""""ocr'e,' loa 4-3_C<> OFFICEOFTHE COVNTYATTORNEY (970)nS-S685 FAX'(~70)n8-8699 ".-ww...g1e<oun<)'_u, l\farch27,2006 IVlorlerArchilects Attn: James R, :\1ortcr, FATA 2271 N_frontage Road W. SuiteC Vail,COS1657 OcarMr,:\lortcr: Fn~losed for your wn5idcralion are four copies of a Con~ep!ualOcsign Agreemcnt betwcen ~:agle County and !\-Iortcr Ar~hi!ects, Il"this agrcemen! is satisfa<:loryto you, p1ease sign and re!um all four wpiestolhisofficc for consideration and signing by thc Board ofCounly Commissioners, A fully ,igncd original will be rctumed to you. lfyou have any qucstions, please do not hesitatc to call, ~.. . . . L/ h,,, 40. '" , , W'v!:js Enclosures E.gle County Build;ng.500 B",.dwar,~O,Bo~S50.Eagle.Colo"do SI6JI-(lSSO