HomeMy WebLinkAboutC08-265AGREEMENT BL-TWEEN
EAGLE COUNTY, COLORADO AND COTTLE CARR YAW ARCHITECTS, LTD
FOR ARCi-IITECTURAL SERVICES TN CONNECTION WITH
NE1V CONTRUCT(ON ON AND/OR REMODELING OF THE EAGLE-RIVERVIEW
AFFORDABLE HOUSING COMPLEX
This Agreement ("Agreement"), dated September ~, 2005, between Eagic COlmty, Colorado
("County" or "Owner") and Cottle Cair Yaw Architects, LTD ("Architect"),
WITNESSETH:
WHEREAS, County is in need of an Architect to provide the services outlined in Section 1
hereof; and
WHEREAS, Architect has represented that it has the experience anti knowledge in the subject
matter necessary to carry out the services outlined in Section 1. l hereunder; and
WHEREAS, County wishes to hire Architect to perform the tasks associated with such services
outlined in Section I.1 hereof; and
WHEREAS, County and Architect intent( 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 beriveen Architect and County in connection with the services.
NOW, THEREFORE, bases( upon the foregoing premises and the following promises, the pal-ties
agree as follows:
1. Services Provided:
I.1 Architect will provide architectural and related services pertaining to additions to anti
remodeling of the Eagle Riverview affordable housing complex, located at 39169 US Hwy 6,
Avon, CO 51620, as more fully set forth in Attachment A hereto (consisting of Scope of Work
Pre-Design Schedule, and I're-Design Anticipated Budget), incorporated herein by this reference
(hereinafter called "Services").
1.2 Architect agrees that Architect will not enter into any consulting or other arrangements
with third parties that will conflict in any manner with the Services.
1.3 Architect represents that it has the expertise and personnel necessary to properly and
timely perform the Services. Time is of the essence as regards the Services the Architect is to
provide pursuant to the terms of this Agreement.
2. Term of Agreement:
2.1 This Agreement shall commence upon execution of this Agreement, and, subject to the
provisions of Section 2.2 hereof, Shall COrltl]lUC in hill f01'Ce and effect through the COlllpletlOn of
the SCl•ViCCS t0 bC pl'OVidCd I1CrCUnder. TI1C pal'C1CS CStli]1tltC Ihat peCtOrll]anCe Of Che Set'VICeS
will be completed by October 20, 2005.
2.2 This Agreement may be terminated by either party for any other reason at any time, \vith
or \vithout cause, and \vithout penalty.
2.3 In the event of a termination of this Agreement prior to the completion of services
contemplated hereunder, Architect shall be compensated for all Services then satisfactorily
completed, plus pre-approved expenses previously incurred or thereafter reasonably and
necessarily II1CLliTed lil COIl11eC[1011 \Vlth \Vlndlllg Up itS pl'OV1510I1 of Sel'V1CeS hel'eUlldel',
3. Luleuendent Contractor:
3.1 Architect and County ackno\vledge and agree that Architect is an independent contractor
providing Services to County. Nothing in this Agreement shall be deemed to make Architect or
its agents or employees an agent, employee, partner or representative of County,
3.2 Architect shall not have the authority to make, and \vill not make, any commitments or
enter into any agreement \vith any party on behalf of County +vithout the prior \vritten consent of
the Board of Eagle County Commissioners.
3.3 Architect \vill maintain general liability, unemployment alld woi'k117a11~S COlllpellsatlon
insurance coverage sufficient to insure payment of all legitimate claims against it.
4. Remu>!tez•atiou:
4.1 For the Services provided hereunder, County shall pay Architect affixed-fee of $24,750.
$5,000 shall be due and o\ving within 10 days of mutual execution of this Agreement. The
remainder shall be clue and owing +vithin thirty (30) days of receipt of a proper and accurate
invoice from Architect for satisfactory performance of the Services based on the percentage of
Services that Owner and the Architect mutually agree to have been completed. Architect shall
provide County \vith such other supporting Information as County may request from time to
time.
4.2 County will not \vithhold any taxes from monies paid to the Architect hereunder, and
Architect agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall
be made to County nor shall any payment be made to Architect in excess of the amount for any work
done without the written approval in accordance with a budget adopted by the Board in accordance
with applicable provisions of the Colorado Revised Statutes. Specifically, the parties
ackno+vledge and agree that the County is a governmental entity and that all obligations beyond
the current fiscal year are subject to fields being budgeted and appropriated.
5. Ownership of llocumeuts:
Documents (including electronic flies) obtained during or prepared for approval of County
during the pa'fornlance of the Services (such as the preliminary schematic design, the design
development documents, and constructlun documents) shall remain the property of County, and
the Architect shall delivered them to County upon request, before final payment is made to
Architect, or upon earlier termination of this Agrecnlent. County shall not be deemed the o\vner
of said documents until p~lyment has been rec:eivcd by Architect. County acknowled~~es that use
of the documents prepared under this agreement should be used only for the prgject for which they
were prepared: Architect miry use ideas illld Ch'ilwingS pl'Cpal'Cd dlll'lllg the performance of
Services for other projects, as appropriate. County further acknowledges that use of documents
not stamped "final construction documents" will be at County's sole risk and without liability to
Architect. Reuse or modification of any such documents by County, without Architect's wrltten
permission, shall be at County's sole risk.
6. Indemnification:
Within the limits allowed by law, Architect shall indemnify County for, and hold County and its
officials, boards, officers, pl'1nclpalS alld el7lplOyCCS hal'n11eSS fl'Olll, all costs, claims and
expenses, including reasonable attorney's fees, arising from claims in resulting, in whole or in
part, from the negligent acts or omissions of Architect in performing the Services. Architect
agrees to obtain and maintain in force usual and customary Errors and Omissions insurance
coverage for its Services under this Agreement. This indemnification shall not apply to claims
by third pal-ties 8galtlst COllllty t0 the eXtellt that COl-llty IS liable t0 SUCII t111rC1 party for such
claim without regard to the involvement of Architect.
7. Architect's Professional Level of Care:
Architect shall be responsible for the completeness and accuracy of the Services, including all
supporting data and other documents prepared or compiled in performance of the Services, and
shall col-1'ect, at its sole expense, all significant errors and omissions therein. The fact that
County has accepted or approved the Services shall not relieve Architect of any of its
responsibilities. Architect shall perform the Services in a stillful, professional and competent
manner and in accordance with the standard of care, skill and diligence applicable to Architects,
with respect to similar services, in the Eagle County, Colorado area at this time.
8. 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 cuterulg into this Agreement County is relying
upon the professional services and reputation of Architect and its approved subcontractors.
Therefore, neither Architect nor its subcontractors may assign its interest in this Agreement or in
its 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 iuui 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.
9. Notices•
9.1 Any notice and all written communications reduired under this Agreement shall be given
in writing by personal delivery, facsimile or U.S. Nlail to the other party at the following
addresses:
Rick Ullom
Eagle County Facility Management Construction Manager'
590 Broadway
P.O. Box S50
Eagle CO 81631
Direct 970-328-8780
Cell 970-471-04398899
Rick.UllomC~eaalecount~us
With a copy to:
Alex Potence
Managing Director: Housing and Development
500 Broadway
P.O. Box 8.50
Eagle, CO 81631
Dircct 970-328-9698
Cell 970-47 L-4870
alex.potente C~eaglecounty.us
Robin A. Schiller
CCY Architects
228 Midland Ave
P.O. Box 529
Basalt CO $1621
Direct: 970-927-4925
rschiller @ ccyarchitects.com
9.2 Notices shall he deemed given on the date of delivery; on the date the facsimile or e-
mail 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 elate of deposit, first class postage prepaid, in an official depository of
the U.S. Postal Service.
10. .Turisdiction anti Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laws, of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof.
Venue shall be in Colorado State District Court in Eagle, Colorado.
10.2 Architect and County acknowledge that, during the term of this Agreement anti in the
course of the Architect rendering the Services, Architect may acquire knowledge of the
business operations of County to the point that the general method of doing business, the
pricing of products the lists of customers and other aspects of the business affairs of County
will become generally known. Architect shall not disclose, use. publish or otherwise reveal,
either directly or through another, to any person, firm or corporation, any knowledge,
111101'lllatlOn Ol' faCCS COllcel'lling any of the past or then business operations, pricing or sales
data of County and shall retain all knowlcctge and information which he has acquired as the
result of this Agreement in h'ust in a fichlciary capacity for the sole benefit of County, its
successors and assigns during the term of this Agreement and for a period of five {5) years
following the termination of this Agreement.
ll. Yru~'ision TVIandated by House Bill 1343: Prohibitions on Public Contract
for Services
11.1 Architect shall not knowingly employ or contract with an illegal alien to perform
work render the public contract for services; or enter into a contract with a subcontractor that
fails to certify to the Architect that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for services.
11.2 Architect shall confirm or attempt to confirm through participation in the Basic Pilot
Verification program, as administered by the United States,Deparhnent of Homeland
Security, that the Architect does not employ any illegal aliens. If Architect is not accepted
into the Basic Pilot Verification Program prior to entering into a public contract for services,
Architect shall apply to participate in the Program every three months until the Architect is
accepted or the public amU'act for services has been completed, whichever is earlier.
IIltol711atloll On applying for the Basic Pilot Vcril'ication Program can be found at:
hops://www.vis-dhs.com\cmploycrregistration
1 1.3 Architect shall not use the Basic Pilot Verification Program procedures to undertake
pre-employment screening of job applicants while the public contract for services is being
performed.
11.~I If Architect obtains actual knowledge that a subcontractor performing work render
the public contract for services knowingly employs or contracts with an illegal alien,
Architect shall be required Io:
i. Notify the subcontractor and County within three days that Architect has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
ii. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the
subcontractor does not stop employing or contracting with the illegal alien; except
that Architect shall not terminate the contract wlth the SUIJCOnti'aCtOr 1 ~ dUl'lilg SUCK
three days the subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an illegal alien.
11.5 Architect shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the department is undertaking
pursuant to its authority.
11.6 If Architect violates these prohib-tions. County may terminate the contract for a breach
of the contract. If the contract -s so terminated, the Architect shall be liable for actual and
consequential damages to the County.
12. 1\'Iiscellaneous:
12.1 This Agreement constitutes the entire Agreement between the parties related to its
subject matter. It supersedes all prior proposals, agreements and understand-ngs.
12.2 This Agreement is personal to Architect and may not be assigned by Architect.
12.3 Th-s Agreement dues not and shall not be deemed to confer upon or grant to any
third party any ---ght enforceable at law or equity at7sing out of any term, covenant, or
condition herein or the breach thereof.
12.4 The parties recognize that there is some overlap between the provisions of the
foregoing 12 sections of this Agreement and the provisions of the attachments hereto. In
the event of a conflict between any provision of such 12 sections and any provision of any
attachment hereto, the provisions of such foregoing 12 sections shall govern
IN WITNESS Wl-IEREOF, the parties hereto have executed this Agreement the day raid year
first above written.
COUNTY OF EAGLE,
STATE OF COLORADO,
by anti hits Coun ~ Hager
B:
Bruce Baumga-•tner, Cotmty anager
RR YA4V ARCH11'ECTS, LTD
By: a~,~~
Its:
Proposal for Architectural Services
Eagle Riverview Affordable Housing Complex
CCY Architects, Ltd.
Revised 09/12/08
A. Project Description:
Architect (CCY Architects, Ltd.) proposes to provide professional services related to
redevelopment of the Eagle Riverview Affordable Housing Complex located in Eagle
County, CO. The site currently contains 72 units of affordable housing (and, in addition,
one three-bedroom unit is used as an office and one three bedroom unit as a community
center) that are in a depreciated condition.
The Owner of the project is the Eagle County Government; the ownership team shall
include various members of several departments within Eagle County.
The Project Objectives are as follow (not necessarily in order of priority):
1) Improve functionality and livability of existing 72, HAP-contract units, either
through renovation or demolition and reconstruction, including the following:
a. exteriors
b. systems
c. interiors
d. landscape and open space
e. pedestrian connection to Avon and the Eagle River
f. improved accessibility to bus line on Hwy 6
g. improve insulation and create other energy cost savings
h. creative and cost-effective parking solutions
i. code compliance (with assistance from Eagle County planning
department)
2) Increase density to accommodate 20-80 additional affordable rental or for-sale
units (for a total of 92-152 units)
3) Conform project to development financing constraints and to-be-agreed-upon
project budget (we currently anticipate we will have financing for $115 per-
square-foot hard costs per unit for renovation and $200 per-square-foot hard costs
for new construction; this may change depending further funding and financial
analysis)
4) Produce new product in shortest period of time practicable, while attentive to
market absorption, quality design, construction, financing, and other relevant
issues that may require phasing.
5) Improve environmental impact of development
6) Mitigate traffic impacts of additional units
7) Obtain community acceptance and support of the development
8) Increase community services the development provides (e.g., child care and
community gathering space)
Owner requests initial site planning of the following options (as applicable) in order to
evaluate feasibility, scope, quality of resulting environment, major building systems
alternatives, sustainable design possibilities, costs, schedule, phasing possibilities, and
other concerns relevant to entitlement. Architect should facilitate cost and feasibility
analysis of the proposed options.
The Architect should produce a rough site plan for each option, except for Option 2.
Option 2. Rehabilitate the existing facilities (interior and exterior, plus limited
landscaping). Design scope for this alternative includes comments on what rehab work
needs to be done, possible upgrades required for code compliance and accessibility,
comments on costs prepared by others.
Option 3. Rehabilitate the existing structures plus. Project scope may includes exterior
and interior rehab., site rehabilitation (parking and landscape improvements), addition of
6000 sf childcare center, 2000 sf community center and additional residential units
(number to be determined thru study).
Option 3(a). Phase I. Rehabilitate the exterior, interior of the northern 3 structures,
including parking and landscape improvements. Phase II. Add a childcare center of
approximately 6000 sf, a community center of 2000 sf, and additional residential units
(number to be determined through study); improve efficiency of parking, improve
landscaping, and river access, and explore other potential amenities.
COTTLE CARR YAW ARCRITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
info@ccyarchitects.com
Option 4. Remove all existing structures, construct same number of new residential
units of superior quality and design, plus 6000 sf childcare center and 2000 sf community
center.
Option 5. Remove all existing structures, construct new residential units to replace the
existing ones plus some number of additional units and 6000 sf childcare center and 2000
sf community center. Please include a) moderate density option (20-40 additional units)
and b) high density option (40-80 additional units)
Option 6. Any combination of the options above, or other options as suggested by the
architect.
B. Scope of Work
Part One -Site Options Evaluation
1. Project Start-up -
a) Provide to Owner a draft Scope of Work and statement of fees for this
initial effort.
b) Meet with Ownership team to review Scope of Work & fees. Owner and
Architect shall jointly develop a mutually acceptable form of Agreement
for execution by Architect and Owner (BOCC).
c) The Owner shall determine the make-up of the Owner's project team and
define its individual roles and responsibilities.
d) The Owner shall designate a single party as the point of contact,
responsible for obtaining and communicating decisions and directions
from all members of the ownership organization to the design team.
e) The Owner shall determine the project goals and objectives and
communicate those to the design team. If requested, Architect will
participate in or facilitate discussions between members of the ownership
team to assist in this task.
2. Pre-design Phase -
COTTLE CARR YAW ARCHITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
info@ccyarchitects.com
a) Assemble site information, with assistance of Owner's staff and files.
Information may include the following: site survey (already provided by
Owner), geo-tech testing and report (to be provided by Owner), underlying
zoning (to be provided by Owner), existing utilities, aerial photos, photos
of existing buildings, construction or other drawings of existing buildings
(as available).
b) Visit the site, meet with property manager and any other parties identified
by owner to understand how the existing buildings do and do not function
satisfactorily. Discuss program requirements and explore public
transportation improvements. Owner to provide parking count
assumptions per unit for purposes of preliminary analysis. (One CCY
meeting.)t
c) With assistance of Owner's staff, assemble base drawings, studies of site
features and characteristics, and site-analysis diagram. Prepare
diagrammatic studies showing various residential densities on the site to
facilitate discussion of project scope.
d) Working at their offices, CCY and DW will sketch and study the site and
propose alternatives site plans meeting the Project Objectives. Once
desirable concepts are developed, CCY and DW will prepare rough
tabulation of unit counts, types and areas, gross bldg. area, parking area,
open space, etc. CCY will prepare loose but presentable versions of
concepts for Options 2-5 and other alternatives that satisfy the Project
Objectives, upon agreement of the Owner and Architect.
e) CCY will present preliminary concepts to Owner's representatives and/or
others for comment and review. (One CCY meeting.).
f) Following those meetings, CCY will further study the concepts for each
alternative, incorporating comments as feasible. In the event multiple
options for multiple alternatives are presented, CCY will refine one site
plan for each alternative.
g) CCY will present its final concepts in an in-person meeting with Owners'
representatives and any others of the owner's selection for final review of
refined concepts. (One CCY meeting.)
' In CCY meetings, CCY shall produce at least one CCY representative. All meetings shall be in Eagle
County at the location of choice of the Owner, unless the Owner and Architect otherwise agree.
COTTLE CARR YAW ARCHITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
info@ccyarchitects.com
h) Following review and acceptance of the concepts for each alternative,
CCY will prepare a brief (preferably one-page, but including all material
facts) written description for each alternative, including area tabulation,
description of major construction materials and systems, phasing and
scheduling options, as applicable.
i) CCY will assist Owner's staff in preparing a report of the entire feasibility
and cost analysis; CCY will supply text, prepare graphics, and comment
on costs developed by others, as requested by Owner. CCY work with
staff as necessary and contractor or estimator in order to assist in
preparation of feasibility and cost analysis. (One CCY meeting.)
j) It is anticipated that some time and internal work may be required for
Owner to evaluate that report and settle upon a course of action. The
Architect shall be available to answer questions during that evaluation.
The Architect shall present and discuss the finished report in person with
the Owner's representatives and members of the public at the Owner's
discretion. Additional in person meetings are outside of the this scope of
work. (One CCY meeting.)
k) The Architect shall be available by telephone to answer the Owner's
questions throughout this pre-design process as part of this scope of work.
C. Subsequent Phases of Work -
While the work described above is being completed, CCY will continue to work
with staff to develop an acceptable format for a full services design contract.
Once asite-plan alternative is settled upon, CCY will provide scope of work and
fees to complete the rest of the project through entitlement, construction
documents, and construction.
end
COTTLE CARR YAW ARCHITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
info@ccyarchrtects com
