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HomeMy WebLinkAboutC06-219 PRECONSTRUCTION SERVICES AGREEMENT FOR THE EAGLE COUNTY GOLDEN EAGLE SENIOR APARTMENTS THIS AGREEMENT is made this 27th day of June 2006 by and between Eagle County, Colorado, acting by and through its Board of County Commissioners ("County") and Evans Chaffee Construction Group, Inc. a company organized and existing by virtue of the laws of the State of Colorado ("Evans Chaffee"). WHEREAS, the County intends to design and construct 14 one-bedroom units and maintenance facility in Eagle, Colorado, with a gross square footage of approximately twelve thousand (12,000) square feet at a target project cost not to exceed two million ($2,000,000) ("Project"); and WHEREAS, the Architect for the Project is Morter Architects, 2271 N Frontage Road W. Suite C Vail, Colorado 81657 (phone 970-476-5105) ("Architect"); and WHEREAS, the County desires preconstruction services to facilitate and assist with the design of the Project; and WHEREAS, Evans Chaffee represents to the County that it is authorized to do business in the state of Colorado, and that it has, by virtue of its strong in-house capabilities of budgeting, cost estimating, management, and personnel: the required technical and professional expertise to perform the Scope of Work set forth hereunder. NOW THEREFORE, the County and Evans Chaffee, for the consideration hereinafter set forth, agree as follows: 1. Scope of Work: The Scope of Work ("Work") is generally described as performing those preconstruction services as are normally and customarily provided during the planning and design phases of projects of this nature. The Work is more particularly set forth in the attached Exhibit "A" and further described in the following: 1.1. Evans Chaffee will consult with, advise, assist and make recommendations to the County and Architect on all aspects of planning for the Project. 1.2. Evan Chaffee will attend at least bi-weekly meetings as requested with the Architect and/or County to advise and discuss the preconstruction progress and respond to questions regarding the Project. 1.3. Evans Chaffee will assist the architects and owner at any point in the pre-construction process to provide cost analysis comparisons of various materials or design options. 1 1.4. Evans Chaffee will act on the County's and Architect's behalf in soliciting Mechanical and Electrical engineering services either with or without contracting services to help determine the best and most economical course for these systems. 1.5. Evans Chaffee will provide value engineering services through technical review and analysis of alternative designs, systems, and materials being considered in the design to produce the greatest value for the least cost. Evans Chaffee will provide cost estimates of the alternatives and evaluate the alternatives on the basis of costs, time schedules, availability of labor and materials, construction feasibility, warranties and projected life expectancy. 1.6. Evans Chaffee will make budget estimates based on the developed program and other available information. Evans Chaffee will continue to review and refine subsequent estimates with quantity take-off cost estimates in increasing detail as the development of the plans and specifications proceeds, and will advise the County and the Architect if it appears that the targets for the Project budget and/or completion will not be met. 1.7. Evans Chaffee will solicit sub-contractors at an estimated 75% complete as determined by the Architect for pricing. Hard bid pricing will occur with some estimated costs for a comprehensive cost estimate. 1.8. Evans Chaffee will review plans and specifications with the Architect for accuracy and completeness and to eliminate areas of conflict and overlapping in the work to be performed by the various contractors. 1.9. Evans Chaffee will send out the Architects and/or Engineers 100% complete Design Development drawing sets to subcontractors for pricing. Bvans Chaffee will compile the hard bid pricing with some estimated costs and contingency for a comprehensive final cost estimate based on plans and specification being complete. 1.10. Evans Chaffee will assist the design team in making recommendations of sequencing based on TBD (to be determined) project parameters for determining the most cost effective construction sequence while working with outside parameters, i.e. PUD amendment approval and project financing. Evans Chaffee will assist the team in determining scheduling based on differing start dates. 1.11. Evans Chaffee will provide other services determined to similar in nature but not specifically identified above. 2. Time of Performance: Evans Chaffee shall begin the Work to be performed under this Agreement upon an executed contract by the County. The Work shall proceed in accordance with the time schedule set forth in the attached Exhibit "B." 3. Compensation and Payment: 2 County agrees to pay Evans Chaffee for its services in performing the Work in accordance with the price quotes set forth in the attached Exhibit "A." Specifically, payment will be made as follows: 3.t. County shall pay Evans Chaffee an amount equal to Ten Thousand Dollars ($10,000.00) for the above Scope of Work identified in Section l. 3.2. Additional Services if requested by the County and approved in writing in advance of performance that are determined by the County and Evans Chaffee not to be similar in nature as described in section 1.11 shall be paid to Evans Chaffee based on the hourly rates of $85 per hour for "Principal" and $65 per hour for "Project Manager". 3.3. The compensation for the Work hereunder will be reimbursed to the County in the event the project does proceed with construction with Evans Chaffee as the Construction Manager/General Contractor. In such event, the compensation for preconstruction services shall be considered a part of the Contractor's fee for the Project and the amount of compensation paid under this Agreement shall be reimbursed to County in the form of an offset to future Contractor fees that may become due and owing Evans Chaffee. Notwithstanding the foregoing, neither party represents that the Project will be constructed or that Evans Chaffee will be the Construction Manager/General Contractor in the event of Construction. Any construction phase services beyond the Scope of Work herein will be through separate written agreement of the parties. 3.4. The funds appropriated for this project are equal to or in excess of the contract amount. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Evans Chaffee in excess of the above amounts for any work done 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 the Colorado Revised Statutes. 3.5. Not more often than once a month, Evans Chaffee shall submit to County an invoice for payment signed by Evans Chaffee identifying the work completed as of the date of the invoice, and accompanied by such supporting documentation as County may reasonably require. County agrees to pay Evans Chaffee within thirty (30) days of receipt of a properly docwnented invoice. 3.6. County may withhold from any payments due to Evans Chaffee, to such extent as may be necessary to protect the County from loss, because of defective work or material not remedied or the failure of Evans Chaffee to carry out the Scope of Work in accordance with this Agreement. 3.7. Evans Chaffee shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following termination, 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. 3 4. 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. Evans Chaffee shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Evans Chaffee shall be, or shall be deemed to be, the employee, agent or servant of County. Evans Chaffee shall be solely and entirely responsible for its acts and for the acts of its technicians, agents, employees, and servants during the performance of this agreement. Evans Chaffee shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. 5. No Assi2;nment or Subcontractin2;: The parties to this Agreement recognize that in entering into this Agreement, County is relying upon the resources, skill and reputation of Evans Chaffee. Therefore, Evans Chaffee may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein or subcontract the performance of any part of the Work, without the prior written consent of County, which consent County may withhold at 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. 6. Insurance: At all times during the term of this Agreement, Evans Chaffee shall maintain the following Insurance: 6.1. Claims under Workmen's Compensations, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 6.2. General Liability Coverage in the minimum amount of$I,OOO,OOO. (Combined personal injury/property damage limit) for coverage of claims for damage arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon Evans Chaffee with respect to all work performed by them. 6.3. Comprehensive Automobile Insurance in the amounts as required by the laws of the State of Colorado. 6.4. Certificates of Insurance acceptable to the County evidencing the above required amounts shall be filed with the County within ten (10) days from the execution of this Agreement. 7. Indemnification: 4 Evans Chaffee shall indemnify County for, and hold and defend County 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 performance of this Agreement to the extent such cost, claim and expense is caused in whole or in part by the negligent or willful acts or omissions of Evans Chaffee. 8. Evans Chaffee Representations: 8.1. Evans Chaffee expressly recognizes that this Project has certain time and fiscal constraints and agrees to cooperate fully with the County and Architect in the design aspects of the Scope of Work to help meet the constraints. 8.2. Evans Chaffee further represents to the County that, by executing this Agreement, it has been informed of and has reviewed the goals of the Project; the design of the Architect performed to date for the Project; and the time schedule as well as fiscal constraints and contingencies of the Project. 8.3. Evans Chaffee shall perform the Scope of Work in a skillful, professional and competent manner and in accordance with the standards of care, skill, and diligence applicable to other contractors performing this type of work. 8.4. Evans Chaffee shall be responsible for the completeness and accuracy of the Scope of Work and shall correct, at its sole expense, all errors and omissions therein. The fact that County has accepted or approved the Scope of Work shall not relieve Evans Chaffee of any if its responsibilities under this Agreement. 9. Notices: Any notice required under this Agreement shall be personally delivered or mailed in the United States mail, first class postage prepaid, to the appropriate party at the following addresses: The County: County Facilities Director P.O. Box 850 Eagle, Colorado 81631 and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 Evans Chaffee: Evans Chaffee Construction Group, Inc. Attn: Christopher Evans P.O. Box 8266 77 Metcalf Road Avon, Colorado 81620 5 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.s. mail. Notices also may be given by facsimile transmission or email provided an original is also promptly delivered. 10. Termination: 10.1. Notwithstanding Paragraph 10.2 hereunder, the performance of the Scope of Work may be terminated at any time in whole or in part, by County for its convenience. Any such termination shall be effected by delivery to Evans Chaffee of a written notice of termination specifying the date upon which termination becomes effective. In such event, Evans Chaffee shall be compensated for all work completed up to the date of termination. 10.2. If either party defaults or neglects to carry out the Scope of Work in accordance with this Agreement and fails within a ten (10) day period after receipt of written notice from the other party to correct such default or neglect with diligence and promptness, the other party may, without prejudice to other remedies, terminate this agreement. If Evans Chaffee fails to correct such deficiencies after timely notification by County, County may in addition to or as an alternative to termination correct such deficiencies and deduct the cost of correction from payments due Evans Chaffee. County may recover the reasonable costs of correcting deficiencies in an amount not exceeding that specified in the Agreement. 10.3. Upon the termination of this Agreement, Evans Chaffee agrees to deliver to County such information and items which, if this Agreement had been completed, would have been required to be furnished to the County, including completed or partially completed plans, drawings, and information. 11. Miscellaneous: 11.1. Evans Chaffee shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis ofrace, color, religion, national origin, sex, ancestry, physical handicap, age, political affiliation or family responsibility. 11.2. 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 Work, except by a written document of equal formality executed by both parties hereto. 11.3. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice oflaw 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. 6 11.4. 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. 11.5. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 11.6. In the event of litigation between the parties hereto regarding the interpretation of this Agreement, of 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 event, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 11.7. Time is of the essence and the parties agree to notify the other if they become aware that any condition will significantly delay performance. 11.8. Neither party will be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party. Such events include, but are not limited to, acts of God, weather conditions, fire, third party strikes, third party lock-outs, and other labor disruptions, material shortages, riots, and acts of war. !IREMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK!! 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ~( Clerk to the Board of County Commissioners Evans Chaffee Construction Group, Inc. By: & \J~"-~ ;k.J- STATE OF COLORADO ) ) ss: County of ) On this _ day of , 2006, came before me, a notary public, , known to me to be the president of Evans Chaffee Construction Group, Inc. 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 the company. My commission expires: Notary Public 8 . Eva n 5 CONSTRUC1ION GROUP Chaffee P.o. 8.>)( 8266 . 77 Metcalt Rood . Avon, CO 81620 . ph.970.845.0466 ยท Ix. 970.8450465 . www.evonKhoffee.cOffi 'We ore whot we ropeolodly do, Excellence, tOOn, is no! on oct, but 0 hobit." Mr. Rick Ullom Construction Manager Eagle County Facilities Management Department PO Box 850 Eagle, CO 81631-0850 Via email Mr. Ullom: Per our agreement form this mornings meeting with Ken and L.eah of Morter Architects, we ore pleased to present the following pre-construction proposal for the Golden Eagle Senior Housing Project: We propose a lump sum pre-construction fee of $10,000 for the above project. This fee will be credited against our construction fee if Evans Chaffee Construction Group is selected for the construction of the project. Anticipated services include: Estimate at 100% DD drawings (with subcontractor input) Solicitation of MEP Design/Build proposals Estimate at 7570 CD drawing stage Estimating refinements based on material selections Cost analysis of varying materials Scheduling of project based on differing start dates Recommendations of sequencing based on TBD project parameters. Attendance at pre-construction design team meetings (anticipated to be bi-weekly) Other services determined to be similar in nature to the above, but not specifically identified Additional services, if requested, are charged at an hourly rate of $85 per hour (Principal) or $65 per hour (Project Manager) or as mutually agreed upon in writing at that time. If you need any further clarification or more information, please contact me. Sincerely, Evans Chaffee Construction Group, Inc. G. Christopher Evans cc: Mr. Ken Bridges, Morter Architects, via email Ms. Leah Mayer, Morter Architects. via email . A Prd,}sslonal Corporation 2271 N. Fronta~w Road 1/". Suite C MORTERARCH ITECTS Viii/. CO 81657 9701476.5105 FAX 970,476-\)710 MA@'l1\Jrterarchitects.coHl Golden Eagle Senior Housing PROPOSED TIMElINE June 21 , 2006 MILESTONE: DURATION: COMPLETION: Schematic Design May 22. 2006 GC SO cost estimate 2 weeks June 5, 2006 ObtaJn landscape, civil and structural consultants June 19. 2006 Pre-Application conference with town planner June 30, 2006 Provide plans, elevations, construction cost. consultant fees for Tax Credit Application July 1 , 2006 Design Development 8 weeks July 24. 2006 Apply for major PUD Amendment July 24, 2206 GC DO cost estimate 4 weeks August 21, 2006 Application for Tax credits (by Bill Simpson) September 1, 2006 75% Construction Documents 8 weeks September 18. 2006 GC 75% CD cost estimate 4 weeks October 16. 2006 Possible PUD approval 90 days October 16, 2006 Obtain Tax credits (possible date) October 16, 2006 90% Cor-struction Documents 8 weeks November 13. 2006 (in-house) 100% Construction Documents 4 weeks December 11. 2006 (apply for permit) Construction Start 6 weeks January 22, 2007 Mort!!rarcrlitects. cOIn DMlgn echeduJ. 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