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HomeMy WebLinkAboutC97-300 Hyder Construction IncC®9730046 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A191 Standard Form of Agreements Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. TABLE OF ARTICLES PART 1 AGREEMENT -PRELIMINARY DESIGN AND BUDGETING 1. GENERAL PROVISIONS 2. DESIGN/BUILDER 3. OWNER 4. TIME 5. PAYMENTS 6. ARBITRATION 7. MISCELLANEOUS PROVISIONS 8. TERMINATION OF THE AGREEMENT 9. BASIS OF COMPENSATION 10. OTHER PROVISIONS PART 2 AGREEMENT -FINAL DESIGN AND CONSTRUCTION 1. GENERAL PROVISIONS 2. DESIGN/BUILDER 3. OWNER 4. TIME 5. PAYMENTS 6. PROTECTION OF PERSONS AND PROPERTY 7. INSURANCE AND BONDS 8. CHANGES IN THE WORK 9. CORRECTION OF WORK 10. ARBITRATION 11. MISCELLANEOUS PROVISIONS 12. TERMINATION OF THE AGREEMENT 13. BASIS OF COMPENSATION 14. OTHER PROVISIONS AIA DOCUMENT A191 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA- • 01985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHINGTON, D.C. 20006 COVER PAGE WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A191 Standard Form of Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This Document comprises two separate Agreements: Part 1 Agreement—Preliminary Design and Budgeting and Part 2 Agreement—Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. Before executing Part 1, the parties should reach substantial agreement on Part 2. PART 1 AGREEMENT—PRELIMINARY DESIGN AND BUDGETING AGREEMENT madees b4itwe Seventh day of June Hundred and Ninety -Seven. BETWEEN the Owner: County of Eagle, State of Colorado (Name and address) 551 Broadway, Post Office Box 850 Eagle, Colorado 81631 and the Design/Builder: Hyder Construction Inc. (Name and address) 1020 West First Avenue Denver, Colorado 80223 For the following Project: (Include Project name, location and detailed description of scope.) Eagle County Animal Control Shelter Eagle, Colorado 81631 in the year of Nineteen The architectural services described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: Gates Hafen Cochrane Architects (Name and address) 1245 Pearl Street Boulder, Colorado 80302 The Owner and the Design/Builder agree as set forth below. Copyright © 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA10 • 01985• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 PART 1 -PAGE. 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Terms and Conditions—Part 1 Agreement ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 The Project is the total design and construction for which the Design/Builder is responsible under Part 1, in- cluding all professional design services and all labor, mate- rials and equipment used or incorporated in such design and construction. Builder to perform a portion of the Work, including their agents and employees. 2.2 BASIC SERVICES 2.2.1 The Design/Builder's Basic Services areas described below and in Article 10. 2.2.2 The Design/Builder shall review the Owner's pro- gram to ascertain requirements of the Project and shall review such requirements with the Owner. 1.1.2 The Work comprises the completed construction 2 2 3 The D i /B 'Id h II d f I designed under the Project and includes labor necessary to produce such construction, and materials and equipment incorporated or to be incorporated in such construction. 1.2 EXECUTION, CORRELATION AND INTENT es gn u;IA s a prove e, a ter consu tatlon with the Owner, a preliminary evaluation of the program and Project budget, each in terms of the other. 2.2.4 The Design/Builder shall review with the Owner al- ternative approaches to design and construction of the Project. 1.2.1 This Part 1 shall be signed in not less than duplicate by the Owner and Design/Builder. 1.2.2 Nothing contained in the Design/Builder Contract Documents shall create a professional obligation or con- tractual relationship between the Owner and any third party. 1.3 OWNERSHIP AND USE OF DOCUMENTS 2.2.5 The Design/Builder shall submit to the Owner a Pro- posal including the completed Preliminary Design Docu- ments, a statement of the proposed contract sum, a pro- posed schedule for completion of the Work under Part 2 and all other information necessary to complete Part 2. Preliminary Design Documents shall consist of preliminary design drawings, outline specifications and other docu- ments to fix and describe the size, quality and character of the entire Project, its architectural, structural, mechanical furnls by the Design/Builder are instruments o ice and electrical systems, and the materials and such other and shall n come the property of thie er whether elements of the Project as may be appropriate. If the Pro - or not the Project hich they are is commenced. posal is accepted by the Owner, they shall then execute Part Drawings, specification d r documents furnished 2. Modifications to the Proposal before execution of Part 2 by the Design/Builder n used by the Owner on all be recorded in writing as an addendum and be identi- other projects, f ditions to this ect or, unless the Pied in the Contract Documents of Part 2. Design/B ' r is in default under Part 1, o mpletion of thi ject by others, except by written agreeme lating 2.3 ADDITIONAL SERVICES official reg requirements or for o poses in connection with the i e construed as pub- lication in dero a ' e e ilder's or the Archi- tect's aw copyrights or other res . hts. The ARTICLE 2 DESIGN/BUILDER 2.1 SERVICES AND RESPONSIBILITIES 2.1.1 Design services shall be performed by qualified ar- chitects, engineers and other professionals selected and paid by the Design/Builder. The professional obligations of such persons shall be undertaken and performed in the interest of the Design/Builder. Construction services shall be performed by qualified construction contractors and suppliers, selected and paid by the Design/Builder and acting in the interest of the Design/Builder. Nothing con- tained in Part 1 shall create any professional obligation or contractual relationship between such persons and the Owner. 2.1.2 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's em- ployees and parties in privity of contract with the Design/ All other services requested by the Owner and mutually agreed to in writing by the Owner and Design/Builder in Part 1, including, among others, changes in Project scope and program, shall constitute Additional Services and shall be paid for by the Owner as provided in Part 1. ARTICLE 3 OWNER 3.1 The Owner shall provide information regarding re- quirements for the Project, including but not limited to the Owner's design objectives, constraints and criteria. 3.2 If the Owner provides a budget for the Project, it shall explicitly include as separate line items contingencies for changes in the design and construction, and other costs which are the responsibility of the Owner. No budget shall constitute a fixed limit of construction cost unless such limit has been agreed to in writing by the Design/Builder. 3.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Design/Builder and shall promptly render decisions pertaining thereto to avoid de- lay in the orderly progress of design and construction. 3.4 The Owner shall cooperate with the Design/Builder in identifying required permits, licenses and inspections, and A191-1985 AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION • AIA-• c31985 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEWYORK AVENUE, PART 1 -PAGE 2 N.W.. WASHINGTON. D.C. 201'M WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. shall take appropriate action with reasonable promptness. 3.5 Prior to commencement of Basic Services, the Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets; alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed re- strictions, elevations and contours of the site; locations, dimensions and complete data pertaining to existing build- ings, other improvements and trees; and full information concerning available services and utility lines, both public and private, above and below grade, including inverts and depths. 3.6 The Owner shall furnish services of geotechnical engi- neers and other consultants when such services are deemed necessary by the Design/Builder. Geotechnical engineers or other consultants shall be selected by mutual agreement. Such services shall include, as required, applicable test borings, test pits, soil bearing values, per- colation tests, air and water pollution tests, and other nec- essary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3.7 The services, information, surveys and reports re- quired by Paragraphs 3.5 and 3.6 shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon their accuracy and completeness. 3.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Work, the Owner shall give prompt written notice thereof to the Design/Builder. 3.9 The Owner shall furnish required information and services and shall render decisions with reasonable promptness to avoid delay in the orderly progress of the Design/Builder's services. 3.10 The Owner shall communicate with contractors only through the Design/Builder. ARTICLE 4 TIME 4.1 The Design/Builder shall provide the Basic and Addi- tional Services as expeditiously as is consistentwith reason- able skill and care and shall complete the services in the time provided in Article 10. ARTICLE 5 PAYMENTS 5.1 The initial payment provided in Article 9 shall be made upon execution of this Part 1 and credited to the Owner's account as provided in Subparagraph 9.1.2. 5.2 Subsequent payments for Part 1 Basic Services, Addi- tional Services and Reimbursable Expenses shall be made monthly on the basis set forth in Article 9. 5.3 Within ten days of the Owner's receipt of a properly submitted Application for Payment, the Owner shall make payment to the Design/Builder. 5.4 Payments due the Design/Builder under Part 1 which are not paid when due shall bear interest from the date due at the rate specified in Paragraph 9.5, or in the absence of a specified rate, at the legal rate prevailing where the prin- cipal office of the Design/Builder is located. ARTICLE 6 ARBITRATION 6.1 Claims, disputes and other matters in question be- tween the parties to Part 1 arising out of or relating to Part 1 shall be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Ar- bitration Association then in effect unless the parties agree otherwise. No arbitration arising out of or relating to Part 1 shall include, by consolidation or joinder or in any other manner, an additional person not a party to Part 1 except by written consent containing specific reference to Part 1 and signed by the Owner, Design/Builder and any other person sought to be joined. Consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of a dispute not described therein or with a person not named therein. This provision shall be specifi- cally enforceable in any court of competent jurisdiction. 6.2 Notice of demand for arbitration shall be filed in writ- ing with the other party to Part 1 and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for ar- bitration be made after the date when the applicable statute of limitations would bar institution of a legal or equitable proceeding based on such claim, dispute or other matter in question. 6.3 The award rendered by arbitrators shall be final, and judgment may be entered upon it in accordance with ap- plicable law in any court having jurisdiction. 6.4 Unless otherwise agreed in writing, the Design/Build- er shall carry on the services and maintain progress during any arbitration proceedings, and the Owner shall continue to make payments to the Design/Builder in accordance with Part 1. 6.5 This Article 6 shall survive completion or termination of Part 1. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 This Part 1 shall be governed by the law of the place where the principal office of the Design/Builder is located. 7.2 The table of contents and the headings of articles and paragraphs are for convenience only and shall not modify rights and obligations created by Part 1. 7.3 In case a provision of Part 1 is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. 7.4 SUCCESSORS AND ASSIGNS 7.4.1 This Part 1 shall be binding on successors, assigns and legal representatives of and persons in privity of con- tract with the Owner or Design/Builder. Neither party shall assign, sublet or transfer an interest in Part 1 without writ- ten consent of the other. 7.4.2 This Paragraph 7.4 shall survive completion or termi- nation of Part 1. 7.5 EXTENT OF AGREEMENT 7.5.1 Part 1 represents the entire agreement for Prelimi- nary Design and Budgeting and supersedes all prior nego- tiations, representations or agreements. Part 1 may be AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION • AIAa • 01985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735NEW.YORKAVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subjee6to legal prosecution. A191-1985 PART 1 -PAGE 3 amended only by written instrument signed by both Owner and Design/Builder. 7.6 In case of termination of the Architect, the Design/ Builder shall provide the services of another lawfully li- censed person or entity against whom the Owner makes no reasonable objection. ARTICLE 8 TERMINATION OF THE AGREEMENT 8.1 Part 1 may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 Part 1 may be terminated by the Owner upon at least seven days' written notice-to"the Design/Builder in the event that the Project is permanently abandoned. 8.3 In the event of termination not the fault of the Designs Builder, the Design/Builder shall be compensated for ser- vices performed to termination date, together with Reim- bursable Expenses then due and Termination Expenses. Termination Expenses are expenses directly attributable to termination, including a reasonable amount for overhead and profit, for which the Design/Builder is not otherwise compensated under Part 1. A191-1985 AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION PART 1 -PAGE 4 • AIAO • 91985 • THE AMERICAN INSTITUTE OFARCHITECTS, 1735NEWYORKAVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 9 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of Part 1 as described below. 9.1 COMPENSATION FOR BASIC SERVICES 9.1.1 FOR BASIC SERVICES, compensation shall be as follows: A Guaranteed Maximum Price ( GMP) of $39,000.( per proposal letter of June 5, 1997, Hyder to Eagle County. 9.1.2 AN INITIAL PAYMENT of N/A dollars ($ ) shall be made upon execution of Part 1 and credited to the Owner's account as follows: 9.1.3 SUBSEQUENT PAYMENTS shall be as follows: Design builder shall submit an invoice to the Owner on or about the 10th of the month for work performed during the preceeding month. Payments are due and shall be paid by the 25th of the same month. 9.2 COMPENSATION FOR ADDITIONAL SERVICES 9.2.1 FOR ADDITIONAL SERVICES, compensation shall be as follows: Per proposal letter of June 5, 1997. 9.3 REIMBURSABLE EXPENSES 9.3.1 Reimbursable Expenses are in addition to Compensation for Basic and Additional Services and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project for the expenses listed as follows: Per proposal letter of June 5, 1997. 9.3.2 FOR REIMBURSABLE EXPENSES, compensation shall be a multiple of ( ) times the amounts expended. 9.4 DIRECT PERSONNEL EXPENSE is defined as the direct salaries of personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.5 INTEREST PAYMENTS 9.5.1 The rate of interest for past due payments shall be as follows: Ei ghteen percent (18%) (Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Design/Builder's principal places of business, at the location of the Prolect and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements, such as written disclosures or waivers.) 9.6 IF THE SCOPE of the Project is changed materially, the amount of compensation shall be equitably adjusted. 9.7 The compensation set forth herein shall be equitably adjusted if through no fault of the Design/Builder the services have not been completed within' four ( 4 ) months of the date of Part 1. AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA- • 91985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, PART 1 -PAGE 5 N.W., WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 10 OTHER PROVISIONS 10.1 The Basic Services to be performed shall be commenced on June 7, 1997 and, subject to authorized adjustments and to delays not caused by the Design/Builder, shall be completed in Ninety ( 90 ) calendar days. 10.2 The Basic Services beyond those described in Article 2 are: None This Part 1 entered into as of the day and year first written above. OWNER DESIGN/BUILDER Hyder Construction Inc. BY : V J.N. McL ' A191-1985 AIA DOCUMENT A191, Part 1 • OWNER-DESIGNIBUILDER AGREEMENT • FIRST EDITION • AIA® • 131985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, PART1 N -PAGE 6 .W., WASHINGTON, D.C. 20ooe WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. COUNTY OF EAGLE, STATE OF 0 F 01 COUNTY co COLORADO , By and Through I t s ATTEST: BOARD OF COUNTY COMMISSIONERS tip COLOP.P. t l A J1 By: -- -- Clerk to t e Board of #Johnnette PhillipsCounty Commissioners rman Amendments to Part 1 Agreement - Preliminary Design and Budgeting Eagle County Animal Control Shelter 1.3.1 Ownership and Use of Documents: The drawings, specifications and other documents prepared by the Design/Builder (including but not limited to any Subcontractor, Architect, or Engineers) for this project are instruments of the service for use solely with respect to this project and, unless otherwise provided, the shall be deemed the author of these documents. The Owner shall be the owner of such documents. The Owner shall receive reproducible copies of the drawings, specifications or other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Design/Builder's drawings, specifications or other documents shall not be used by the Owner or others on other projects without the prior written notice to the or for completion of this project by others unless the is adjudged to be in default under this Agreement, or unless this Agreement is terminated. The Owner shall hold the Design/Builder harmless for any use in which the Design/Builder is not involved. ARTICLE 6 This Article and all other references to arbitration are hereby deleted. Colorado Labor Preference (8-17-101, CRS) Colorado labor shall be employed to perform the work to the extent of not less than 80 percent of each type of class of labor in the several classifications of skilled and common labor employed on the project. "Colorado labor" means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A191 Standard Form of .Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This Document comprises two separate Agreements: Part 1 Agreement—Preliminary Design and Budgeting and Part 2 Agreement—Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. PART 2 AGREEMENT—FINAL DESIGN AND CONSTRUCTION AGREEMENT made as of the Twenty -Second day of September in the year of Nineteen Hundred and Ninety -Seven. BETWEEN the Owner (Name and address) and the Design/Builder: (Name and address) County.of Eagle, State of Colorado 551 Broadway, Post Office Box 850 Eagle, Colorado 81631 Hyder Construction Inc. 1020 blest First Avenue Denver, Colorado 80223 For the following Project: (include Protect name, location and detailed description of scope.) Eagle County Animal Control Shelter Eagle, Colorado 81631 The architectural services described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: Gates Hafen Cochrane Architects (Name and address) 1245 Pearl Street Boulder, Colorado 80302 The Owner and the Design/Builder agree as set forth below. Copyright -d) 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A191, Part 2 • OWNER-DESIGNiBUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA' • 91985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE. N.W., WASHINGTON, D.C. 20006 PART 2 -PAGE 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Terms and Conditions—Part 2 Agreement ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 The Contract Documents consist of the Design/ Builder's Proposal identified in Article 14, this Part 2, the Construction Documents approved by the Owner in accor- dance with Subparagraph 2.2.2 below and Modifications issued after execution of Part 2. A Modification is a Change Order or a written amendment to Part 2 signed by both parties. These form the Contract, and are as fully a part of the Contract as if attached to this Part 2 or repeated herein. 1.1.2 The Project is the total design and construction for which the Design/Builder is responsible under Part 2, in- cluding all professional design services and all labor, mate- rials and equipment used or incorporated in such design and construction. 1.1.3 The Work comprises the completed construction designed under the Project and includes labor necessary to produce such construction, and materials and equipment incorporated or to be incorporated in such construction. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 This Part 2 shall be signed in not less than duplicate by the Owner and Design/Builder. 1.2.2 It is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Con- tract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent with and is reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 OWNERSHIP AND USE OF DOCUMENTS fur hed by the Design/Builder are instruments of se.Mce and sh not become the property of the Owner ether or not the oject for which they are made is c menced. Drawings, sp fications and other docum is furnished by the Design/Bu' er shall not be used y the Owner on other projects, fora itions to this oject or, unless the Design/Builder is in defa t unde art2, for completion of this Project by others, excep written agreement relating to use, liability and comp sa ' n. 1.3.2 Submission distribution o ocuments to meet official regulato requirements or for er purposes in connection ' the Project is not to be con ued as pub- lication i erogation of the Design/Builder's o e Archi- tect's mmon law copyrights or other reserved rig . The O er shall own neither the documents nor e ARTICLE 2 DESIGN/BUILDER 2.1 SERVICES AND RESPONSIBILITIES 2.1.1 Design services shall be performed by qualified ar- chitects, engineers and other professionals selected and paid by the Design/Builder. The professional obligations of such persons shall be undertaken and performed in the interest of the Design/Builder. Construction services shall be performed by qualified construction contractors and suppliers, selected and paid by the Design/Builder and acting in the interest of the Design/Builder. Nothing con- tained in Part 2 shall create any professional obligation or contractual relationship between such persons and the Owner. 2.2 BASIC SERVICES 2.2.1 The Design/Builder's Basic Services are described below and in Article 14. 2.2.2 Based on the Design/Builder's Proposal, the Design/ Builder shall submit Construction Documents for review and approval by the Owner. Construction Documents shall include technical drawings, schedules, diagrams and speci- fications, setting forth in detail the requirements for con- struction of the Work, and shall: .1 develop the intent of the Design/Builder's Pro- posal in greater detail; .2 provide information customarily necessary forthe use of those in the building trades; and .3 include documents customarily required for reg- ulatory agency approvals. 2.2.3 The Design/Builder shall assist the Owner in filing documents required to obtain necessary approvals of gov- ernmental authorities having jurisdiction over the Project. 2.2.4 Unless otherwise provided in the Contract Docu- ments, the DesigniBuilder shall provide or cause to be provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of df'ie Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 2.2.5 The Design/Builder shall be responsible for and shall coordinate all construction means, methods, tech- niques, sequences and procedures. 2.2.6 The Design/Builder shall keep the Owner informed of the progress and quality of the Work. 2.2.7 If requested in writing by the Owner, the Design/ Builder, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the require- ments of the Contract Documents and initially shall decide, subject to demand for arbitration, claims, disputes and other matters in question relating to performance there- under by both Owner and Design/Builder. Such interpreta- tions and decisions shall be in writing, shall not be pre- sumed to be correct and shall be given such weight as the arbitrator(s) or the court shall determine. A191-1985 AIA DOCUMENT A191, Part 2 • OWNER-DESIGNiBUILDER AGREEMENT • FIRST EDITION • AIA9 • 1£1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE. PART 2 -PAGE 2 N.W., WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.2.8 The Design/Builder shall correct Work which does not conform to the Construction Documents. 2.2.9 The Design/Builder warrants to the Owner that ma- terials and equipment incorporated in the Work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in confor- mance with the Contract Documents. Work not conform- ing to these requirements shall be corrected in accordance with Article 9. 2.2.10 The Design/Builder shall pay all sales, consumer, use and similar taxes which were in effect at the time the Design/Builder's Proposal was first submitted to the Owner, and shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are either customarily secured after execution of Part 2 or are legally required at the time the Design/Builder's Pro- posal was first submitted to the Owner. 2.2.11 The Design/Builder shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 2.2.12 The Design/Builder shall pay royalties and license fees. The Design/Builder shall defend suits or claims for infringement of patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for such loss when a particular design, process or product of a particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe the use of a required design, process or product is an infringement of a patent, the Design/Builder shall be responsible for such loss unless such information is promptly given to the Owner. 2.2.13 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's em- ployees and parties in privity of contract with the Design/ Builder to perform a portion of the Work, including their agents and employees. 2.2.14 The Design/Builder shall keep the premises free from accumulation of waste materials or rubbish caused by the Design/Builder's operations. At the completion of the Work, the Design/Builder shall remove from and about the Project the Design/Builder's tools, construction equip- ment, machinery, surplus materials, waste materials and rubbish. 2.2.15 The Design/Builder shall prepare Change Orders for the Owner's approval and execution in accordance with Part 2 and shall have authority to make minor changes in the design and construction consistent with the intent of Part 2 not involving an adjustment in the contract sum or an extension of the contract time. The Design/Builder shall promptly inform the Owner, in writing, of minor changes in the design and construction. 2.2.16 The Design/Builder shall notify the Owner when the Work or an agreed upon portion thereof is substantially completed by issuing a Certificate of Substantial Comple- tion which shall establish the Date of Substantial Comple- tion, shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and in- surance, shall include a list of items to be completed or corrected and shall fix the time within which the De- sign/Builder shall complete items listed therein. Bites C-Amplefien shall -erl�iffaEief3- 2.2.17 The Design/Builder shall maintain in good order at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and. other Modifications, marked currently to record changes made during construction. These shall be delivered to the Owner upon completion of the design and construction and prior to final payment. ARTICLE 3 OWNER 3.1 The Owner shall designate a representative autho- rized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine documents submitted by the Design/Builder and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 3.2 The Owner may appoint an on-site project represen- tative to observe the Work and to have such other responsi- bilities as the Owner and Design/Builder agree in writing prior to execution of Part 2. 3.3 The Owner shall cooperate with the Design/Builder in securing building and other permits, licenses and inspec- tions, and shall pay the fees for such permits, licenses and inspections if the cost of such fees is not identified as being included in the Design/Builder's Proposal. 3.4 The Owner shall furnish services by land surveyors, geotechnical engineers and other consultants for subsoil, air and water conditions, in addition to those provided under Part 1 when such services are deemed necessary by the Design/Builder to carry out properly the design services under this Part 2. 3.5 The Owner shall furnish structural, mechanical, chemical, geotechnical and other laboratory or on-site tests, inspections and reports as required by law or the Contract Documents. 3.6 The services, information, surveys and reports re- quired by Paragraphs 3.4 and 3.5 shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon their accuracy and completeness. 3.7 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Design or Construction Documents, the Owner shall give prompt written notice thereof to the Design/Builder. 3.8 The Owner shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 3.9 The Owner shall, at the request of the Design/Builder and upon execution of Part 2, provide a certified or nota- rized statement of funds available for the Project and their source. 3.10 The Owner shall communicate with contractors only through the Design/Builder. ARTICLE 4 TIME 4.1 The Design/Builder shall provide services as expedi- tiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 4.2 Time limits stated in the Contract Documents are of the essence of Part 2. The Work to be performed under Part AIA DOCUMENT A191, Part 2 • OWNER•DESIGN BUILDER AGREEMENT • FIRST EDITION • AIA' • r..1905 • THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A191-1985 PART 2 -PAGE 3 2 shall commence upon execution of a notice to proceed unless otherwise agreed and, subject to authorized Modifi- cations, Substantial Completion shall be achieved as indi- cated in Article 14. 4.3 The Date of Substantial Completion of the Work or an agreed upon portion thereof is the date when construction or an agreed upon portion thereof is sufficiently complete so the Owner can occupy and utilize the Work or agreed upon portion thereof for its intended use. 4.4 The schedule provided in the Design/Builder's Pro- posal shall include a construction schedule consistent with Paragraph 4.2 above. 4.5 If the Design/Builder is delayed in the progress of the Project by ads or neglect of the Owner, Owner's employ- ees, separate contractors employed by the Owner, changes ordered in the Work not caused by the fault of the Design/ Builder, labor disputes, fire, unusual delay in transporta- tion, adverse weather conditions not reasonably anticipata- ble, unavoidable casualties, or other causes beyond the Design/Builder's control, or by delay authorized by the Owner's pending arbitration or another cause which the Owner and Design/Builder agree is justifiable, the contract time shall be reasonably extended by Change Order. equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Applica- tion for Payment will have been acquired by the Design/ Builder, or any other person performing work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Design/Builder or such other person. 5.1.8 If the Contract provides for retainage, then at the date of Substantial Completion or occupancy of the Work or any agreed upon portion thereof by the Owner, which- ever occurs first, the Design/Builder may apply for and the Owner, if the Design/Builder has satisfied the requirements of Paragraph 5.2.1 and any other requirements of the Con- tract relating to retainage, shall pay the Design/Builder the amount retained, if any, for the Work or for the portion completed or occupied, less the reasonable value of incor- rect or incomplete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work. 5.2 FINAL PAYMENT g eat contractor,requlreeachcontractorto make payments to subcontractors in similar manner. 5.1.5 The Owner shall have no obligation to pay or to be responsible in any way for payment to a contractor of the Design/Builder except as may otherwise be required by law. 5.1.6 No progress pavment or partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 5.1.7 The Design/Builder warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in construction or upon receipt of payment by the Design/ Builder, whichever occurs first; (2) Work, materials and 5.2.3 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens; .2 faulty or defective Work appearing after Substan- tial Completion; .3 failure of the Work to comply with requirements of the Contract Documents; or .4 terms of special warranties required by the Con- tract Documents. 5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design: Builder as unsettled at the time of final Application for Payment. A191-1985 AIA DOCUMENT A191, Part 2 • OWNER•DESIGN BUILDER A(,REE\tLN r • FIRST EDITION PART 2 -PAGE 4IA" • •1985 • THE AMERICAN INSTITUTE OF ARCHITECTS "4S NF\\YORKA\EVUE. N.W.NWASHINGTON D.C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 5.2.1 Neither final payment nor amounts retained, if any, ARTICLE 5 shall become due until the Design/Builder submits to the PAYMENTS Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the 5.1 PROGRESS PAYMENTS Project for which the Owner or Owner's property might be 5.1.1 The Design/Builder shall deliver to the Owner itemized Applications for PaymentIn suco detail as indicat- liable have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment, (3) a certificate that insur- ed in Article 14. FI FTe6� ante required by the Contract Documents is in force fol - lowing completion of the Work, and (4) if required by the 5.1.2 Within days of the Owner's receipt of a properly submitted and correct Application for Payment, the Owner Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens shall make payment to the Design/Builder. arising out of Part 2, to the extent and in such form as may 5.1.3 The Application for Payment shall constitute a repre- be designated by the Owner. If a contractor refuses to sentation by the Design/Builder to the Owner that, to the furnish a release or waiver required by the Owner, the best of the Design/Builder's knowledge, information and Design/Builder may furnish a bond satisfactory to the belief, the design and construction have progressed to the Owner to indemnify the Owner against such lien. If such point indicated; the quality of the Work covered by the lien remains unsatisfied after payments are made, the Re- application is in accordancewith the Contract Documents; sign/Builder shall reimburse the Owner for moneys the and the Design/Builder is entitled to payment in the latter may be compelled to pay in discharging such lien, amount requested. ncluding all costs and reasonable attorneys' fees. 5.1.4 The Design/Builder shall pay each contractor, upon 5.2.2 Final payment constituting the entire unpaid bal- receipt of payment from the Owner, out of the amount paid 0 -rice due shall be paid by the Owner to the Design Builder to the Design/Builder on account of such contractor's work, &QZi � the Owner's receipt of the Design/Builder's final Ap- the amount to which said contractor is entitled in actor- dance with the terms plication for Payment when the Work has been completed and the Contract fully of the Design/Builder's contract with performed except for those respon- such contractor. The Design/Builder shall, by appropriate sibilities of the Design/Builderwhich survive final payment. a reementwith h g eat contractor,requlreeachcontractorto make payments to subcontractors in similar manner. 5.1.5 The Owner shall have no obligation to pay or to be responsible in any way for payment to a contractor of the Design/Builder except as may otherwise be required by law. 5.1.6 No progress pavment or partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 5.1.7 The Design/Builder warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in construction or upon receipt of payment by the Design/ Builder, whichever occurs first; (2) Work, materials and 5.2.3 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens; .2 faulty or defective Work appearing after Substan- tial Completion; .3 failure of the Work to comply with requirements of the Contract Documents; or .4 terms of special warranties required by the Con- tract Documents. 5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design: Builder as unsettled at the time of final Application for Payment. A191-1985 AIA DOCUMENT A191, Part 2 • OWNER•DESIGN BUILDER A(,REE\tLN r • FIRST EDITION PART 2 -PAGE 4IA" • •1985 • THE AMERICAN INSTITUTE OF ARCHITECTS "4S NF\\YORKA\EVUE. N.W.NWASHINGTON D.C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 5.3 INTEREST PAYMENTS 5.3.1 Payments due the Design/Builder under Part 2 which are not paid when due shall bear interest from the date due at the rate specified in Article 13, or in the absence of a specified rate, at the legal rate prevailing where the prin- cipal improvements are to be located. ARTICLE 6 (PROTECTION OF PERSONS AND PROPERTY 6.1 The Design/Builder shall be responsible for initiating, maintaining and providing supervision of safety precau- tions and programs in connection with the Work. 6.2 The Design/Builder shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 6.3 The Design/Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 6.4 The Design/Builder shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the Owner) to property at the site caused in whole or in part by the Design/Builder, a contractor of the Design/Builder or anyone directly or indi- rectly employed by either of them, or by anyone for whose acts they may be liable, except damage or loss attributable to the acts or omissions of the Owner, the Owner's separate contractors or anyone directly or indirectly employed by them or by anyone for whose acts they may be liable and not attributable to the fault or negligence of the Design/ Builder. ARTICLE 7 INSURANCE AND BONDS 7.1 DESIGN/BUILDER'S LIABILITY INSURANCE 7.1.1 The Design/Builder shall purchase and maintain in a company or companies authorized to do business in the state in which the Work is located such insurance as will protect the Design/Builder from claims set forth below which may arise out of or result from operations under the Contract by the Design/Builder or by a contractor of the Design/Builder, or by anyone directly or indirectly em- ployed by any of them, or by anyone for whose acts they may be liable: .1 claims under workers' or workmen's compensa- tion, disability benefit and other similar employee benefit laws which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, oc- cupational sickness or disease, or death of the Design,Builder's employees under any applicable employer's liability law; .3 claims for damages because of bodily injury, sick- ness or disease, or death of persons other than the Design Builder's employees; .4 claims for damages covered by usual personal in- jury liability coverage which are sustained (1) by a person as a result of an offense directly or indi- rectly related to employment of such person by the Design/Builder or (2) by another person; .5 claims for damages, other than to the Work at the site, because of injury to or destruction of tangible property, including loss of use; and .6 claims for damages for bodily injury or death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle. 7.1.2 The insurance required by the above Subparagraph 7.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever are greater. 7.1.3 The Design/Builder's liability insurance shall include contractual liability insurance applicable to the Design/ Builder's obligations under Paragraph 11.7. 7.1.4 Certificates of Insurance, and copies of policies if requested, acceptable to the Owner shall be delivered to the Owner prior to commencement of design and con- struction. These Certificates as well as insurance policies required by this Paragraph shall contain a provision that coverage will not be cancelled or allowed to expire until at least thirty days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment, an addi- tional certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. 7.2 OWNER'S LIABILITY INSURANCE 7.2.3 The Owner shall be responsible for purchasing and maintaining, in a company or companies authorized to do business in the state in which the principal improvements are to be located, Owner's liability insurance to protect the Owner against claims which may arise from operations under this Project. 7.3 PROPERTY INSURANCE O er shall purchase and maintain, in a company or clam= pani authorized to do business in the state in hi f�fhe princi I improvements are to be located, prope /insur- ance I the Work at the site to the full insura Ye value thereof.P ea insurance shall include inte sts of the Owner, the esign/Builder, and their res ctive con- tractors and s bcontractors in the Work shall insure against perils o ire and extended cove ge and shall in- clude all risk insurhpce for physical los or damage includ- ing, without duplica on of coverage h ' eft, vandalism and malicious mischief. If a Owner es not intend to pur- chase such insurance the f 'insurable value of the entire Work, the Owners Ili orm the Design/Builder in writing prior to commence t of the Work. The Design/ Builder may then effect ins r ce for the Work at the site which will protect the in rests f the Design/Builder and the Design/Builder's c tractors d subcontractors, and by appropriate Chan a Order the ost thereof shall be charged to the Ow r. If the Design/B ilder is damaged by failure of the O er to purchase or m 'ntain such insur- ance without n Ice to the Design/Builder, hen the Owner shall bear all � asonable costs properly attr utable there- to. If not c red under the all risk insurance r not other- wise pr A ed in the Contract Documents, t Design/ Buildea all effect and maintain similar property i urance on p rtions of the Work stored off-site or in transi when su portions of the Work are to be included in an Ap ica- AIA DOCUMENT A191, Part 2 • OWNER -DESIGN BUILDER AGKEE.MLNT • FIRST EDITION A191-1985 • UA• • e om • rHEAMERICAN IN.hTITUrEOFARCH IrECTS.1735NEW YORKAVENUE. PART 2 -PAGE 5 NW WASHINGTON D1 _IB)@b WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. nershall purchase and maintain such boiler and a C1. ery insurance as maybe required by the Contract oc ume is or bylaw and which shall specifically cov suc insure objects during installation and until fin accep- tance b he Owner. This insurance shall cover i erests o the Own the Design/Builder, and the Des' n/Builder' contractors nd subcontractors in the Wor 7.3.3 A loss I ured under Owner's prop rty insurance is to be adjusted 'th the Owner and m e payable to the Owner as trustee or the insureds, a heir interests may appear, subject to quirements of ny applicable mort- gagee clause and o Subparagr h 7.3.8. The Design/ Builder shall pay contra ors thei shares of insurance pro- ceeds received by the D jgn/ ilder, and by appropriate agreement, written where ly required for validity, shall require contractors to mak yments to their subcontrac- tors in similar manner. 7.3.4 Before an expo re to to may occur, the Owner shall file with the D sign/Builder copy of each policy required by this P agraph 7.3. Eac policy shall contain only those endor ments specifically elated to this Proj- ect. Each policy all contain a provision at the policy will not be cancel d or allowed to expire u it at least thirty days' prior ritten notice has been give the Design/ Builder. 7.3.5 the Design/Builder requests in writing at ance r risks other than those described here) oth special hazards be included in the property ins p Icy, the Owner shall, if possible, obtain such insu d the cost thereof shall be charged to the Design/BuI r L_ _ _ .-.• ance proceeds ar , e arbitrators will h 7.3.9 If the Owner finds it necessary to occupy or use a f portion or portions of the Work before Substantial Com- pletion, such occupancy or use shall not commence prior s to a time agreed to by the Owner and Design/Builder and to which the insurance company or companies providing property insurance have consented by endorsement to the policy or policies. The property insurance shall not lapse or be cancelled on account of such partial occupancy or use. Consent of the Design/Builder and of the insurance com- pany or companies to such occupancy or use shall not be unreasonably withheld. 7.4 LOSS OF USE INSURANCE and m in such insurance as will insure t wrier against loss o of the Owner's pro ue to fire or other hazards, how cause a Owner waives all rights of action against ign/Builder, and its con- tractors and their s and emp s, for loss of use of the Owne ' operty, including consequ ' I losses due to r other hazards, however caused, to tent 7.5 PERFORMANCE BOND AND PAYMENT BOND insu- 5.1 The Owner shall have the right to require the De - or for sign/Builder to furnish bonds covering the faithful perfor- rance mance of the Contract and the payment of all obligations arising thereunder if and as required in the Contract Docu- r I ce, ments or in Article 14. ' 7.3.6 The Owner and Design/Builder waive all rights (� against each other and the contractors, subcontractors, aagents and employees, each of the other, for damages caused by fire or other perils to the extent covered by property insurance CQ applicable to the Work, except such ri hts as they may have to proceeds of such insurance y7 held by t e as trustee. The Owner or Design/ �n Builder, as appropriate, shall require from contractors and subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated in this Paragraph 7.3. The policies shall be endorsed to include such waivers of subrogation. U r as trustee shall provide, upon occurrence an insure loss, a bond for proper performanc f the Owner's ties. The cost of required bon shall be charged agar t proceeds received as trust . The Owner shall deposit pr eeds so received in a parate account and shall distribute em in accorda a with such agree- ment as the parties in I rest ma each, or in accordance with an arbitration award I h' case the procedure shall be as provided in Article f after such loss no other special agreement is ma , repla ment of damaged Work shall be covered by propriate Ch e Order. 7.3.8 The Ow r, as trustee, shall hav ower to adjust and settle a s with insurers unless one o e parties in interests I object, in writing, within ten days er occur- rence loss, to the Owner's exercise of this power. such ob' ction be made, the Owner as trustee shall makes e- ARTICLE 8 CHANGES IN THE WORK 8.1 CHANGE ORDERS 8.1.1 A Change Order is a written order signed by the Owner and Design/Builder, and issued after execution of Part 2, authorizing a change in the Work or adjustment in the contract sum or contract time. The contract sum and contract time may be changed only by Change Order. 8.1.2 The Owner, without invalidating Part 2, may order changes in the Work within the general scope of Part 2 -consisting of additions, deletions or other revisions, and the contract sum and contract time shall be adjusted ac- cordingly. Such changes in the Work shall be authorized by Change Order, and shall be performed under applicable conditions of the Contract Documents. 8.1.3 If the Owner requests the Design/Builder to submit a proposal for a change in the Work and then elects not to proceed with the change, a Change Order shall be issued to reimburse the Design/Builder for any costs incurred for Design Services or proposed revisions to the Contract Documents. 8.1.4 Cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiat- ing data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; A191-1985 AIA DOCUMENT A191, Part 2 • OWNER -DESIGN BUILDER -\GREEMENT • FIRST EDITION PART 2 -PAGE 6 • AIA" • c1985 • THE AMERIC \N INSTITUTE OFARCHITECTS. 1735 NEW YORK AVENUE N W., WASHINGTON. D-C.'IXttlb WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided below. 8.1.5 If none of the methods set forth in Clauses 8.1.4.1, 8.1.4.2 or 8.1.4.3 is agreed upon, the Design/Builder, pro- vided a written order signed by the Owner is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including the expenditures for design services and revisions to the Contract Documents. In case of an increase in the contract sum, the cost shall include a reasonable allowance for overhead and profit. In case of the methods set forth in Clauses 8.1.4.3 and 8.1.4.4, the Design/Builder shall keep and present an itemized ac- counting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, cost shall be limited to the fol- lowing: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensa- tion insurance; bond premiums; rental value of equipment and machinery; additional costs of supervision and field office personnel directly attributable to the change; and fees paid to architects, engineers and other professionals. Pending final determination of cost to the Owner, pay- ments on account shall be made on the Application for Payment. The amount of creditto be allowed by the Design/ Builder to the Owner for deletion or change which results in a net decrease in the contract sum will be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of the net increaseYif an , with res ect to that change. OR DicI�-EAS 8.1.6 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order that application of agreed unit prices to quantities pro- posed will cause substantial inequity to the Owner or De- sign/Builder, applicable unit prices shall be equitably adjusted. 8.2 CONCEALED CONDITIONS 8.2.1 If concealed or unknown conditions of an unusual nature that affect the performance of the Work and vary from those indicated by the Contract Documents are en- countered below ground or in an existing structure other than the Work, which conditions are not ordinarily found to exist or which differ materially from those generally recognized as inherent in work of the character provided for in this Part2, notice bythe observing party shall be given promptly to the other party and, if possible, before condi- tions are disturbed and in no event later than twenty-one days after first observance of the conditions. The contract sum shall be equitably adjusted for such concealed or un- known conditions by Change Order upon claim by either party made within twenty-one days after the claimant be- comes aware of the conditions. 8.3 REGULATORY CHANGES 8.3.1 The Design: Builder shall be compensated for changes in the Work necessitated by the enactment or revi- sion of codes, laws or regulations subsequent to the sub- mission of the Design/Builder's Proposal under Part 1. ARTICLE 9 CORRECTION Of WORK 9.1 The Design/Builder shall promptly correct Work re- jected by the Owner or known by the Design/Builder to be defective or failing to conform to the Construction Docu- ments, whether observed before or after Substantial Com- pletion and whether or not fabricated, installed or com- pleted, and shall correct Work under this Part 2 found to be defective or nonconforming within a period of one year from the date of Substantial Completion of the Work or designated portion thereof, or within such longer period provided by any applicable special warranty in the Contract Documents. 9.2 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations of the Design/Builder under this Part 2. Para- graph 9.1 relates only to the specific obligation of the De- sign/Builderto correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than correction of the Work. 9.3 If the Design/Builder fails to correct defective Work as required or persistently fails to carry out Work in accor- dance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so em- powered by the Owner in writing, may order the Design/ Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities. 9.4 If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/ Builder and, seven days following receipt by the Design/ Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such defi- ciencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/Builder costs of correcting such deficiencies. If the payments then orthereafterdue the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such - ARTICLE 10 ARBITRATION tween the p this Part 2 arising out of ng to Part 2 shall be decide itr accordance with the Construction In IF Itra les of the Ameri- can Arbi ssociation then in effect un a ar- AIA DOCUMENT A1191, Part 2 • OWNER -DESIGN BUILDER AUREEMENT • FIRST EDITION A191-1985 • AIA* • 1985 • THE An1tRICANI14STITUTEOFARCHITECTS 1-35 NEWYORK AVENUE. NW WASHIN(,TON DC _(N)1h PART 2 -PAGE 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. o in any other manner, an additional person nota party 04 Par except by written consent containing specific r er- ence o Part 2 and signed by the Owner, Design/B Ilder and an other person sought to be joined. Co ent to arbitrati involving an additional person o persons shall not c stitute consent to arbitration of ispute not described or ith a person not named ther . This provi- sion shall be s cifically enforceable in a court of com- petent jurisdicti 10.2 Notice of de and for arbitra 'on shall be filed in writing with the oth party to t is Part 2 and with the American Arbitration sociati . The demand shall be made within a reasonabl tim fter the claim, dispute or other matter in question h risen. In no event shall the demand for arbitration b de after the date when the applicable statute of lim' ation would bar institution of a legal or equitable pro eeding b ed on such claim, dis- pute or other matt in question. 10.3 The award ndered by arbit tors shall be final, and judgment y be entered upon it I accordance with applicable la in any court having juris 'ction. 10.4 Unle otherwise agreed in writin the Design/ Builders II carry on the Work and maintain ' s progress du rin ny arbitration proceedings, and the O ner shall con ti ue to make payments to the Design/Buil r in ac- cor ante with the Contract Documents. This Article 10 shall survive completion or to ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 This Part 2 shall be governed by the law of the place where the Work is located. 11.2 The table of contents and the headings of artic!es and paragraphs are for convenience only and shall not modify rights and obligations created by this Part 2. 11.3 In case a provision of Part 2 is held to be invalid, illegal or unenforceable, the validity, legality and enforce- ability of the remaining provisions shall not be affected. 11.4 SUBCONTRACTS 11.4.1 The Design/Builder, as soon as practicable after execution of Part 2, shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will engage as contractors for the Project. 11.4.2 Nothing contained in the Design/Builder Contract Documents shall create a professional obligation or con- tractual relationship between the Owner and any third party. 11.5 WORK BY OWNER OR OWNER'S CONTRACTORS 11.5.1 The Owner reserves the right to perform work re- lated to, but not part of, the Project and to award separate contracts in connection with other work at the site. If the Design/Builder claims that delay or additional cost is in- volved because of such action by the Owner, the Design/ Builder shall make such claims as provided in Sub- paragraph 11.6. 11.5.2 The DesigniBuilder shall afford the Owner's sepa- rate contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Design/Builder shall incorporate and coordinate the Design/Builder's Work with work of the Owner's separate contractors as required by the Contract Documents. 11.5.3 Costs caused by defective or ill-timed work shall be borne by the party responsible. 11.6 CLAIMS FOR DAMAGES 11.6.1 Should either party to Part 2 suffer injury or damage to person or property because of an act or omission of the other party, the other party's employees or agents, or an- other for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reason- able time after such injury or damage is or should have been first observed. 11.7 INDEMNIFICATION 11.7.1 To the fullest extent permitted by law, the Design/ Builder shall indemnify and hold harmless the Owner and the Owner's consultants and separate contractors, any of their subcontractors, sub -subcontractors, agents and em- ployees from and against claims, damages, losses and ex- penses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work. These indemnification obligations shall be limited to claims, dam- ages, losses or expenses (1) that are attributable to bodily injury, sickness, disease or death, or to injury to or destruc- tion of tangible property (other than the Work itself) includ- ing loss of use resulting therefrom, and (2) to the extent such claims, damages, losses or expenses are caused in whole or in part by negligent acts or omissions of the Design/Builder, the Design/Builder's contractors, anyone directly or indirectly emploved by either or anyone for whose acts either may be liable, regardless of whether or not they are caused in part by a party indemnified here- under. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 11.7. 11.7.2 In claims against the Owner or its consultants and its contractors, any of their subcontractors, sub -sub- contractors, agents or employees by an employee of the Design/Builder, its contractors, anyone directly or indi- rectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 11.7 shall not be limited by a limitation on amount or type of damages, compensation or benefits pay- able by or for the Design/Builder, or a Design/Builder's contractor, under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 11.8 SUCCESSORS AND ASSIGNS 11.8.1 This Part 2 shall be binding on successors, assigns, and legal representatives of and persons in privity of con- tract with the Owner or Design/Builder. Neither party shall assign, sublet or transfer an interest in Part 2 without the written consent of the other. 11.8.2 This Paragraph 11.8 shall survive completion or ter- mination of Part 2. 11.9 In case of termination of the Architect, the Design/ Builder shall provide the services of another lawfully li- censed person or entity against whom the Owner makes no reasonable objection. A191-1985 AIA DOCUMENT A191, Part 2 • OWNER•DESIGNrf3UILDER.%GREE�tENr • FIRSTEDIrION PART 2 -PAGE 8 AIA' "1985 • THE AMERICAN INSTITUTE OF ARCHITECTS. 17BNEW IORKAVENUE, V.W.. WASHINGTON D C. ifxx16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.10 EXTENT OF AGREEMENT 11.10.1 Part 2 represents the entire agreement between the Owner and Design/Builder and supersedes Part 1 and prior negotiations, representations or agreements. Part 2 maybe amended only by written instrument signed by both Owner and Design/Builder. ARTICLE 12 TERMINATION OF THE AGREEMENT U- 12.1 "-- 12.1 TERMINATION BY THE OWNERigy Qw/VE1Z 12.1.1 This Part 2 maybe terminated by the Owner upon 4em#eeFt d"is' written notice to the Qesign/Builder in the event that the Project is abandonedPIf such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and ma- chinery, including reasonable profit and applicable damages. 12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of Part 2, the Owner may give written notice that the Owner intends to terminate Part 2. If the Design/Builder fails to correct the defaults, failure or neglect within seven days after being given notice, the Owner may then give a second written notice and, after an additional seven days, the Owner may without prejudice to any other remedy make good such deficiencies and may deduct the cost thereof from the payment due the Design/Builder, or, at the Owner's option, may terminate the employment of the Design/ Builder and take possession of the site and of all materials, equipment, tools and construction equipment and ma- chinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expe- dient. If the unpaid balance of the contract sum exceeds the expense of finishing the Work, the excess shall be paid to the Design/Builder, but if the expense exceeds the un- paid balance, the Design/Builder shall pay the difference to the Owner. 12.2 TERMINATION BY THE DESIGN/BUILDER 12.2.1 If the Owner fails to make payment when due, the Design/Builder may give written notice of the Design/Build- er's intention to terminate Part 2. If the Design/Builder fails to receive payment within seven days after receipt of such notice by the Owner, the Design/Builder may give a second written notice and, seven days after receipt of such second written notice by the Owner, may terminate Part 2 and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, includ- ing reasonable profit and applicable damages. AIA DOCUMENT A191, Part 2 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA" • c.1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20(H)6 PART 2 -PAGE 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 13 BASIS OF COMPENSATION* The Owner shall compensate the Design/Builder in accordance with Article 5, ftyments, and the other provisions of this Part 2 as described below. 13.1 COMPENSATION 13.1.1 FOR BASIC SERVICES, as described In Paragraphs 2-2.2 through 2.2.17, and for any otherservices included in Article 14 as part of Basic Services, Basic Compensation shall be as follows. Basic services for Part 2 Agreement including Architects fees shall be provided at a GMP Of $918,663.00 (Part 1 Agreement for $39,000.00 makes project total GMP $957,663.00). Changes in the Work adding to or reducing the Contract Suit shall consist of the specific cost attributable to the given Changes in the Work plus seven percent (7%) for profit and corporate overhead. Changes in the Work reducing the Contract sum shall consist of the specific cost attributable to the given Changes in the Work plus five percent (5%) for profit and corporate overhead. All requests for Changes in the ;fork will be entered in the Change Order Request Log with an estimated costs. A copy of the log will be available to the Owner or Architect each week: 13.2 REIMBURSABLE EXPENSES 13.2.1 Reimbursable EYpe*Ises are in addition to the Compensation for 9asic and Additional Services and include actual exoenclitures made by :he Desi;n/Bullder in the interest of the Project for the expenses listed as follows: Reimbursable expenses are included in 13.1.1 Basic Services. 13.2.2 FOR RE!.MEURSABLE EXPENSES, compensation Shall be a multiple of N/A ( } times the amounts expended. 13.3 INTEREST PAYMENTS 13.3.1 The rate of interest for past due payments shall be as follows: Eighteen Percent (18%) Wsury laws and requtremenrs under the fe=er3i T urh rn Lending icT, similar scare and local consumer credit iaws and orherregu!arions 3f the Ownerti and Des o ld be ain crAai places c/business. a. rhe location of the Project and elsewhere may arfIct the validity of this provision. Specific legal 3dviee should be tbtarneC with respect to delerion. modification or crher 'equrrements, such as written disciosuras or tiwivers.i A191.1985 AIA DOCUMENT A191, Put 2 • OWNER-OESICNrBUILOER ACREEMENT • MRST EDIT10w PART 2 -PAGE 10 • AIA9 a •199a • THE ANIERICANINSTtTUTEOrARCHITECTS,1735NEW YORKAVENUE. N.W., WASH114CTOIJ D.C. 'WARNING: Unitcensea pnotocapylnq v olete U . copyright favus and Is Bub ct to I k egal plosecutfon. ARTICLE 14 OTHER PROVISIONS 14.1 The Basic Services to be performed shall be commenced onSeptember 22, 1997 and, subject to authorized adjustments and to delays not caused by the Design/Builder, Substantial Completion shall be achieved in (161 ) calendar days. February 27, 1998 14.2 The Basic Services beyond those described in Article 2 are: None 14.3 The Design/Builder shall submit an Application for Payment on the Tenth (10th) of each month. for payment 14.4 The Design/Builder's Proposal includes: by the 25th of same month. (List below: this PartZ Supplementary and other Conditions, the drawings, the specifications, and Modifications, showing page orsheet numbers in all cases and dates where applicable to define the scope of Work.) See attached. This Part 2 entered into as of the day and year first written above. Z Hyder Construction Inc. BY: U -Ip AIA DOCUMENT A191, Part 2 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA- • 01985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEWYORK AVENUE. N.W., WASHINGTON, D.C. 20006 PART 2 -PAGE 11 WARNING: Unlicensed photocopying Wolates U.S. copyright laws and Is subject to legal prosecution. County Commissioners C-) COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS t f,� Johnnette Phi !lips" Chairman ARTICLE 14 OTHER PROVISIONS Attachment 14.4 The Design/Builder's Proposal includes: 14.4.1 Hyder letter attached, dated June 5, 1997. 14.4.2 Part 1 Agreement - Preliminary Design AIA Document B901 between Hyder Construction Inc. and Gates Hafen Cochrane Architects dated June , 1997. 14.4.3 Design Development documents of Gates Hafen Cochrane Architects dated, 14.4.4 If either Owner or Contractor is required to commence an action of proceeding against the other in order to enforce the provisions of this agreement, the prevailing party herein shall be entitled to recover all reasonable costs and expenses incurred in connection therewith, including reasonable attorney's fees. 14.4.5 Notwithstanding other provisions of this agreement, claims or disputes will not be arbitrated. 14.4.6 In the event of any conflict between any of the Contract Documents enumerated above, the Contract Documents shall take precedence in order in which they are listed in this Paragraph 14.4. 14.5 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: To Contractor: Doug Thompson, Project Manager Hyder Construction Inc. 1020 West First Avenue Denver, Colorado 80223 To Owner: Mike Bradley Building and Grounds Department Eagle County Post Office Box 850 Eagle, Colorado 81631 Telephone: (303) 825-1313 Facsimile: (303) 825-3223 Telephone: (970) 328-8700 Facsimile: (970) 328-7720 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and FAX notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. Amendments to Part 2 Agreement Final Design Construction Eagle County Animal Control Shelter 1.3.1 Ownership and Use of Documents The drawings, specifications and other documents prepared by the Design/Builder (including but not limited to any Subcontractor, Architect, or Engineers) for this project are instruments of the service for use solely with respect to this project and, unless otherwise provided, the shall be deemed the author of these documents. The Owner shall be the owner of such documents. The Owner shall receive reproducible copies of the drawings, specifications or other documents for information and reference in connection with the Owner's use and occupancy ofthe Project. The Design/Builder's drawings, specifications or other documents shall not be used by the Owner or others on other projects without the prior written notice to the or for completion of this project by others unless the is adjudged to be in default under this Agreement, or unless this Agreement is terminated. The Owner shall hold the Design/Builder harmless for any use in which the Design/Builder is not involved. 2.2.10 Add the Following Language: Owner shall assist the Design/Builder in obtaining exemptions and waivers of fees and tax as may be available. 3.9 a. The funds appropriated for this project are equal to or in excess of the Contract amount b. No Change Order or other form of order or directive by County, and no amendment to this Agreement, requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or erect unless accompanied by a written assurance by County that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy -granting provision in the Agreement. 5.2.2 Final Payment Upon final completion and acceptance Owner shall pay remainder of the Contract price. The final payment shall not be made until after final settlement of this Contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of the aforesaid statue. "Application and Certificate for Payment" and "Continuation Sheet" (AIA Document G702 and G703) shall serve as the job cost breakdown, listed under 5, and which shall be documents from which Hyder Construction Inc. shall be paid each month. Retainage shall be ten percent (10%). At such time as the Work completed equals fifty percent (509/6) of the original contract sum, no further retainage shall be withheld from the progress payment, provided the Owner is reasonably satisfied with the quality of the progress of the Work. All retainage amounts previously withheld shall be paid the Contractor at the time of substantial completion of the Work, except that portion 'retained pending the completion of incomplete work and unsettled claims. Substantial completion is the date certified by the Design/Builder that the Work is sufficiently completed so the project can be utilized for which it is intended and issuance of Certificates of Occupancy or temporary Certificates of Occupancy for the purposes for the project have been issued. The punch list shall be prepared by the Owner's representative for the entire project. Multiple punch lists of same areas will not be allowed. In the event the Owner shall fail to pay any amount due on the date it is due, Owner agrees to pay Contractor all costs of collection incurred in collecting such amount, including reasonable attorney's fees. 14.4 Performance and Payment Bonds Design/Builder shall fiunish Performance and Payment Bonds, each in an amount at least equal to the Contract price as security for the faithful performance and payment of all Design/Builder's obligations under the Contract Documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. All bonds shall be in forms acceptable to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Design/Builder is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Design/Builder shall diligently substitute another bond and surety, both of which shall be acceptable to Owner. Colorado Labor Preference (8-17-101CRS) Colorado labor shall be employed to perform the work to the extend of not less than 80 percent of each type or class of labor in the several classifications of skilled and common labor employed on the project. "Colorado labor" means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. -H'YDE'R CONSTRUCTION INC. June 5, 1997 Mr. Mike Bradley Eagle County Buildings and Grounds Department 590 Broadway P.O. Box 850 Eagle, Colorado 81631 Subject: Proposal for Design and Pre -Construction Services Dear Mr. Bradley, In accordance with our recent discussions, we are pleased to propose the services of our team for Design and Pre -construction services for your Animal Control Shelter. As you are aware, our team is composed of the following firms in addition to Hyder. Architect Structural Engineer Mechanical (Design/Build) Electrical (Design/Build) Gates Hafen Cochrane Architects JVA Commercial Design Engineering, Ltd. BRC Electrical Contractors, Inc. The Civil Engineer will be selected within the next week. Because of an accelerated construction schedule, we propose the design work to start immediately. The goal in the pre -construction phase will be to arrive at a Guaranteed Maximum Price (GMP) within the Eagle County budget based on a preliminary design that is acceptable to Eagle County. We need to achieve this goal within seven to eight weeks. DESIGN Schematic design will start immediately upon your notice to proceed and will be followed by design Development on the Construction Document phases. Per our time schedule in our original proposal, it is probable that construction will commence on a fast track basis before the Construction Document phase of design is complete. 1020 \\c•r Fir,t WIlUe Dimer, Colorado 30223 • 131131 ti25-1 31 3 Fax (303) 325-3223 ��-�(,�-���-�•+ VVIIJY YV YVll Vl VL •LVbJ Page 2 of 3 DESIGN FEES Design fees will be billed on the basis of the hourly rates indicated below, plus expenses such as travel and reproduction to be billed at direct cost. Based on a 5,000 SF building at $100 - $110 per SF, the design fees for Architectural, Civil, Structural, Mechanical and Electrical will not exceed $62,000. Design expenses are estimated at $3,000 to bring the total Design phase cost to $65,000 maximum. Discipline Hourly Rate Architect Principal $105 Project Architect $85 Drafter $55 Structural Principal $88 Project Engineer $75 Drafter $38 Mechanical Project Engineer $65 Designer S55 Drafter $45 Electrical Project Engineer $75 Designer S56 Drafter S42 Soils testing and engineering costs have not been included. We estimate the cost of these services at approximately $3,000. PRE -CONSTRUCTION SERVICES & FEES During the Pre -Construction phase leading up to the start of actual construction, Hyder will manage the design team, will plan and schedule the project and perform budgeting and estimating services. At the conclusion of the Design Development phase, Hyder will prepare a Guaranteed Maximum Price (GMP) for the work. Pre -Construction services will be billed at the hourly rates shown below. The total cost of services and expenses (travel at S.32 per mile) will not exceed $10,000. Pre -Construction Discipline Houriv Rate Project Manager S65 Project Engineer $50 Estimator $60 Page 3 of 3 DESIGN AND PRECONSTRUCTION SUMMARY The maximum costs for Design and Pre -Construction services are tabulated below. Design Hours $ 62,000 Design Expenses $ 3,000 Pre -Construction $ 10,000 TOTAL. $ 75,000 For your information and planning, the billings for design and pre -construction are estimated to be approximately as indicated below. PHASE DESIGN PRE -CONSTRUCTION TOTAL Schematic Design $ 8,000 $ 3,000 $11,000 Design Development $21,000 $ 7,000 $28,000 Construction Document $31,000 $ 0.00 $31,000 Construction - 20 Weeks $ 5,000 $ 0.00 $ 5,000 TOTAL $65,000 $10,000 1 $75,000 Our Design and Project team are ready to begin work immediately. We will be glad to answer any questions you may have on the fee proposal, and look forward to working with you on this project. Sincerely, Doug Thompson Project Manager