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HomeMy WebLinkAboutC99-125 Gibson Reno ArchitectsM AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR EAGLE COUNTY MT. SOPRIS TREE FARM- SATELLITE COUNTY FACILITIES I. RECITALS This Agreement Regarding Provision of Professional Services dated as 4pic;",boy--a'�d 1999, is between the County of Eagle, State of Colorado, a body corporate and through its Board of County Commissioners ("County"), and Gibson Reno Architects, L.L.C, a Colorado limited liability Company ("Gibson Reno Architects"). A. County plans to plan, design and construct satellite County facilities on the Mt. Sopris Tree Farm site ("Project"). The County desires planning, transportation engineering, architectural and engineering services to prepare the planning and design documentation for the site PUD application, programming and design documentation for the satellite facilities and associated site, and administer the construction contracts. B. Gibson Reno Architects is a corporation organized and authorized to do business in the State of Colorado, principals of which are David Gibson, AIA, and Scott Smith, AIA, whose expertise is in architecture and who are licensed to act as such in the State of Colorado. C. Gibson Reno Architects has submitted to County a Proposal consisting of letters dated April 9, 1999, ("Proposal") for performing. the Work (defined below) and represented that it has the expertise and personnel necessary to properly and timely perform the Work. D. Gibson Reno Architects and County intend by this Agreement to set forth the Scope of the responsibilities of Gibson Reno Architects in connection with the Work and related terms and conditions to govern the relationship between Gibson Reno Architects and County in connection with the Work. II. AGREEMENT A. Therefore, based upon the foregoing premises and the representations by Gibson Reno Architects, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of the Work: Gibson Reno Architects shall provide all labor, materials and equipment necessary to perform and complete the work described in the Proposal For Professional Services dated April 9, 1999, attached hereto as Exhibit "A" and incorporated herein ("Work"). GXPROJECTTM-TREERSOPRIS.TWO �qww N%M� 2. The Work includes all those services identified in Exhibit "A" attached hereto (including portions of Part 2 of AIA Document B163 (1993 ed.), which is used pursuant to Gibson Reno Architects's license therefor from AID. �`(/ 3. In the event of any conflict between the text of this Agreement document and Exhibit "A" attached hereto, the text of the Agreement document shall control. 4. The Work shall comply with all applicable laws and regulations including, but not limited to, Americans With Disabilities Act and local land use regulations and building codes. 5. The Parties hereto recognize that the scope of the Work may change. When Gibson Reno Architects believes that the scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, Gibson Reno Architects shall within five (5) days advise County of such belief and shall also provide a s`•.atemant of tt•e maximum additional charges for such work. Gibson Reno Architects shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. 6. All Work done hereunder shall be done by or under the direction and control of an Architect qualified to practice in the State of Colorado or an Engineer registered and licensed in the State of Colorado. All plans and documents shall be approved by and bear the stamp and signature of an Architect qualified. to practice in the State of Colorado or bear the seal and signature of an Engineer registered and licensed in the State of Colorado. 7. Gibson Reno Architects shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings and other services rendered by Gibson Reno Architects (including its subcontractors) and shall, without additional compensation, promptly remedy and correct any errors, omissions or other deficiencies which may occur. 8. Nothing herein is intended to or constitutes a representation by County that it will construct the proposed project or that it will do so at a particular time; provided, however, that Work performed more than 24 months after the date of this Agreement, other than post - construction services, shall be subject to a price adjustment for changes, if any, in the v a . _ se smay fort in CV ihi{ " " standard hourly rates in effect for Gibson Reno Ara 1itacs ir..ri, :ho�� �... r,,..h , • •_.- B. Construction and Post -Construction Services: The Work as defined in Section 1 hereof includes construction and post -construction services which include, but are not limited to, the following: 1. During the Construction Phase, which shall commence upon execution of the Construction Contract by the County, Gibson Reno Architects shall provide the following services: a. Gibson Reno Architects shall be a representative of the County during the GACPROJ EMFM-TREEF\SOPR[S.T W 0 2. The Work includes all those services identified in Exhibit "A" attached hereto (including portions of Part 2 of AIA Document B163 1993 ed.), whi is used pursuant to Gibson Reno Architects's license therefor from A J � r °r,'`. r 3. In the event of any conflict between the text of this Agreement document and Exhibit "A" attached hereto, the text of the Agreement document shall control. 4. The Work shall comply with all applicable laws and regulations including, but not limited to, Americans With Disabilities Act and local land use regulations and building codes. 5. The Parties hereto recognize that the scope of the Work may change. When Gibson Reno Architects believes that the scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, Gibson Reno Architects shall within five (5) days advise County of such belief and shall also provide a statement of the maximum additional charges for such work. Gibson Reno Architects shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. 6. All Work done hereunder shall be done by or under the direction and control of an Architect qualified to practice in the State of Colorado or an Engineer registered and licensed in the State of Colorado. All plans and documents shall be approved by and bear the stamp and signature of an Architect qualified to practice in the State of Colorado or bear the seal and signature of an Engineer registered and licensed in the State of Colorado. 7. Gibson Reno Architects shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings and other services rendered by Gibson Reno Architects (including its subcontractors) and shall, without additional compensation, promptly remedy and correct any errors, omissions or other deficiencies which may occur. 8. Nothing herein is intended to or constitutes a representation by County that it will construct the proposed project or that it will do so at a particular time; provided, however, that Work performed more than 24 months after the date of this Agreement, other than post - construction services, shall be subject to a price adjustment for changes, if any, in the standard hourly rates in effect for Gibson Reno Architects from those set forth in Exhibit "A." B. Construction and Post -Construction Services: The Work as defined in Section 1 hereof includes construction and post -construction services which include, but are not limited to, the following: 1. During the Construction Phase, which shall commence upon execution of the Construction Contract by the County, Gibson Reno Architects shall provide the following services: a. Gibson Reno Architects shall be a representative of the County during the GACP ROJECTFM-TREEF\SOPRIS.T W O \MOP/ 1qM11/ Construction Phase and shall advise and consult with the County. Gibson Reno Architects and the County's Representatives shall administer (review and approve) all schedule related requirements of the Construction Contract including, but not limited to: initial submittals, revisions and approval of an acceptable schedule; updating of the schedule; and submittal of all required back-up information pertaining to changes in the work or claims. Gibson Reno Architects shall be responsible for scheduling, attending and chairing all meetings with the construction contractor, and the County's Representatives necessary for obtaining the construction contractor's compliance with the scheduling requirements of the Contract. All communications between the Construction Contractor and the County shall be forwarded through Gibson Reno Architects. Gibson Reno Architects shall comply with any Project administration and/or paperwork management procedures as set forth in this contract and in the County's standard CMGC contract. b. Gibson Reno Architects shall be the interpreter of the drawings and specifications of the Construction Contract Documents and the Judge of the performance thereunder by the Contractor. Gibson Reno Architects shall render interpretations necessary for the proper execution or progress of the work with reasonable promptness on written request of either the County or the Contractor and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the County and the Contractor relating to the execution or progress of the work or the interpretation of the Contract Documents. Any such interpretation or decision by Gibson Reno Architects shall be subject to review and final determination by the County in.those instances deemed necessary by the County. In the event the determination of the County is contrary to the interpretation or decision of Gibson Reno Architects, Gibson Reno Architects and the Contractor shall abide by the determination of the County, provided such determination is not in violation of any codes or the normal standard of professional care. c. Gibson Reno Architects shall at all times have access to the work wherever it is in preparation or progress. d. Gibson Reno Architects shall determine the amount owing to the Contractor based on its detailed observations of the work at the site, evaluations of the Contractor's Applications for Payment, and review of the schedule as currently updated, and shall issue Certificates for Payment in such amounts as provided in the Contract Documents. e. The issuance of a Certificate for Payment shall constitute a representation by Gibson Reno Architects to the County, based on Gibson Reno Architects's periodic and regular observations and monitoring at the site, that the work has progressed to the point indicated; that, to the best of Gibson Reno Architects's knowledge, belief, and information, the quality of the work is in accordance with the terms and conditions of the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor GXPRODEM M-TREERSOPRIS.TWO deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that Gibson Reno Architects recommends that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that Gibson Reno Architects has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum. f. Gibson Reno Architects shall have authority to reject work which does not conform to the Contract Documents. Whenever, in Gibson Reno Architects's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, Gibson Reno Architects will have authority to require special inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work be then fabricated, installed or completed. However, neither Gibson Reno Architects's authority to act under this section, nor any decision made by it in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of Gibson Reno Architects to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the work. Gibson Reno Architects will not be responsible for and will not have control or charge of the Contractor's construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. g. Gibson Reno Architects shall prepare Change Orders for the County's approval and execution in accordance with the Contract Documents, and shall have authority to order, in writing, minor changes in the work not involving an adjustment to the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. h. Gibson Reno Architects shall review and approve or take other appropriate action upon the Contractor's submittals made in conformance with schedules agreed upon by the County, Architect and Contractor in the Contract for Construction such as Shop Drawings, Product Data, and Samples, but only for conformance with the design concept of the work and for conformance with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. Gibson Reno Architects's approval of a specific item shall not indicate approval of an assembly of which the item is a component. i. Gibson Reno Architects shall become familiar with and observe and monitor the progress and quality of the work to determine if the work is proceeding in accordance with the Contract Documents and the Contractor's Project Schedule. Gibson Reno Architects shall inform the County of the progress, quality and quantity of the work. Gibson Reno Architects shall be responsible for advising the County of any observable faults, defects or nonconformities of which it has knowledge or it should reasonably have knowledge in the Project or observable nonconformities with the Contract Documents and shall give prompt written notice thereof to the County's Designated Representatives. 4 G:1CPROJEC' RFM-TPEEF\SOPRIS.TWO j. Gibson Reno Architects shall, with the County's Designated Representatives, conduct inspections to determine the dates of substantial completion and final completion of the construction, but the County's Designated Representatives shall make the final determination regarding said dates. k. Whenever necessary, Gibson Reno Architects shall advise and consult with the County on: (1). Any aspect of the design, materials or construction work; (2). Any Change Order; (3). Interpretation of the Contract Documents; (4). The necessity or advisability of performing special inspections or testing of the work; (5). Written warranties and related documents provided by the Contractor or required by the Contract Documents. (6). Gi s chitects shall provide full-time, on- "' ruction observation as an additiona y the County, as indicated in Exhibit "B", not to e a cost to the Cou 434.00 for the du a construction. 14 I. During the Postconstruction Phase, which shall commence on the date of final completion and end one year from that date, Gibson Reno Architects shall provide the post -construction ,services specified in Exhibit "B". 2. During the Construction and Post -construction phases, no design or specification contained in Gibson Reno Architects's final documents shall be changed or modified without first obtaining written approval of Gibson Reno Architects. 3. Construction Cost: County will issue a fixed limit Project budget of $2.0 million to $2.5 million not later than the time of approval of Schematic Design. Gibson Reno Architects shall design the Project within that specified fixed limit budget, assuming a construction period commencing in 2000, and completion in 2001 on a site of approximately three (3) acres with no off -site utility work and an access road connecting to the main road south of the intersection at Highway 82. County may increase the fixed limit in its sole discretion after approving the Schematic Design; the parties may mutually agree to increase or decrease the fixed limits not later than the approval of the Schematic Design. If the lowest bona fide bid or negotiated proposal exceeds the fixed limit by more than ten percent (10%), County may (1) give written approval of an increase in such GACPROJECTIFM-TREEFISOPRJS.TWO 1/ 'NoopJ fixed limit, or (2) authorize rebidding or renegotiating of the Project within a reasonable time, or (3) abandon or terminate in accordance with Section 5, or (4) cooperate in revising the Project scope and quality as required to reduce the construction cost to within the estimated cost of construction provided herein or such lesser amount as may be agreed to prior to soliciting bids or negotiated proposals. In the case of (4), Gibson Reno Architects, without additional charge, shall modify the drawings and specifications as necessary to comply with the fixed limit, and providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit. 4. Gibson Reno Architects's Professional Level of Care: Gibson Reno Architects shall be responsible for the completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work, and shall revise the documents, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved Gibson Reno Architects's work shall not relieve Gibson Reno Architects of any of its responsibilities. Gibson Reno Architects and its professional consultants shall perform the Work in accordance with the terms hereof and, to the extent that specifications for the provision of professional services are not set forth, shall perform such Work in a skillful, professional and competent manner and in accordance with the standards of care, skill and diligence applicable to architects, structural, electrical, mechanical and other engineers, and other professionals, as the case may be, with respect to similar work. This is not intended to constitute a warranty of results. 5. Time of Performance and Termination: a) Gibson Reno Architects shall commence the Work within five (5) business days after the date of this Agreement. Gibson Reno Architects shall complete the Work in accordance with the Project Schedule, attached hereto as Exhibit "B" and incorporated herein by this reference, provided that completion dates for any one or more of the tasks identified in the Project Schedule may be extended by the County at its sole discretion. b) It is mutually agreed that time is of the essence in the successful completion of the Work and that such Work shall be performed diligently and without interruption at such rate of progress so as to accomplish completion within the Project Schedule. The completion dates as set forth in the Project Schedule include a reasonable time for the reviews and approvals required by this Agreement. Should Gibson Reno Architects be unreasonably delayed by the failure of any person or entity to provide the required review or approval within such reasonable time, Gibson Reno Architects shall be entitled to an appropriate extension of time after a written request for such extension has been submitted. Should circumstances and events reasonably permit, Gibson Reno Architects will complete the work prior to the cumulative times set forth above. 6 GA PROJECIR M-TREERSOPRIS.TWO c) County may terminate this Agreement, in whole or in part, for its convenience upon providing notice to Gibson Reno Architects. Upon such a termination, County shall be liable only for Work satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Work which have not been completed, provided that, at its sole option, County may require that Gibson Reno Architects complete particular portions of the Work on. a time and reimbursable expenses basis consistent with paragraph 4 hereof. Upon termination Gibson Reno Architects shall deliver to County all drawings, illustrations, text, data and other documents entirely or partially completed, together with all material supplied to Gibson Reno Architects by County. Payment will be due within thirty (30) days after Gibson Reno Architects has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due. d) Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Gibson Reno Architects for any Work done after December 31, 1999, without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised .Statues and the Local Government Budget Law (C.R.S §29-1-101 et seq.). In the event funds are not appropriated beyond 1999 subparagraph 5c shall apply, although it is the County's intent to appropriate additional funds for work occurring beyond 1999. 6. Compensation and Payment: In consideration of its performance of the Work, Gibson Reno Architects shall. be paid a fee of $324,786.00. This fee is the total amount payable to Gibson Reno Architects for performance of the Work, including time and Direct Expenses. Direct Expenses are direct costs incurred in conjunction with the project, includinging, telephone, facsimile, postage, delivery fees,, mileage reimbursement, vehicle rental, housing, meals, entertainment, photocopies, photo reductions, film processing, progress blue prints, check sets of construction documents including specifications at the end of each design phase (maximum 6 sets each) and miscellaneous and normal job material costs. Services in addition to 'the Work, if any, shall be compensated in accordance with the rate schedules set forth in Exhibit "A." Prior to performing any services additional to the Work, Gibson Reno Architects shall submit an estimate of the probable cost and a maximum, "not -to -exceed" cost for the additional services based on those rate schedules. No additional services shall be performed prior to execution of a written amendment to this Agreement. Payments shall be made in accordance with the following: a) Gibson Reno Architects shall submit to County monthly invoices of the progress made and expenses incurred during the previous calendar month, Such invoices shall segregate the charges for work done for the respective 7 GXPROJ EURFM-TREERSOPRIS.TWO tasks identified in Exhibit "A," and shall describe the Work performed, including the percentage of completion Gibson Reno Architects contends was accomplished during the month, and expenses incurred. Upon request, Gibson Reno Architects shall provide County with such other supporting information as County may request. b) Except as otherwise expressly stated in this subparagraph, actual out-of-pocket expenses identified herein as "reimburseable expenses" incurred by Gibson Reno Architects in the performance of Parts I & II of the Work shall be reimbursed in addition to the fee for those parts of the Work. All expenses incurred by Gibson Reno Architects in the performance of Part III of the Work are included within its fee for that part of the Work, provided that photocopying new and revised construction drawings and specifications in excess of six (6) sets are a reimburseable expense. Reimburseable expenses include and are limited to travel (mileage at actual cost or the IRS -approved rate), long-distance telephone, postal, delivery, blueprint/plan printing and/or plotting, fax, and photo -reproduction costs. To the extent separately payable pursuant to this subparagraph, reimburseable expenses shall include the overhead rates expressly stated in Exhibit "A." c) Progress invoices shall be made in conformance with Gibson Reno Architects's allocation of the fee among the classes of services set forth in its Proposal. d) Gibson Reno Architects's invoice shall be payable within thirty (30) days after submittal by Gibson Reno Architects together with submission of any required clarification and documentation. e) Gibson Reno Architects shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. 7. Project Management: David Gibson, AIA, is designated as Gibson Reno Architects's Project Director and Scott Smith, AIA, is designated as Gibson Reno Architects's Project Manager for the Work. The Eagle County Facilities Management Department Director (currently Richard Cunningham) is designated County's Project Director and the Eagle County Facilities Management Department Project Manager (currently Andy Montoya) is designated County's Project Manager responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between. and among these designated project managers. 8 0XPROJECTIFM-TREERSOPRiS.TWO lqwd `*M� 8. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Gibson Reno Architects shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Gibson Reno Architects•shall be, or shall be deemed to be, the employee, agent or servant of County, Gibson Reno Architects shall be solely and entirely responsible for its acts and for the acts of Gibson Reno Architects's agents, employees, servants and subcontractors during the performance of this Agreement. 9. Personnel: Gibson Reno Architects understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Gibson Reno Architects, and specifically David Gibson and Scott Smith. The County understands and accepts that Gibson Reno Architects will subcontract portions of the Work as follows: Rock Creek Studio; DHM Design Corporation; transportation planning and traffic engineering: Leigh, Scott & Cleary, Inc. under the direction of Philip N. Scott III, PE; and civil engineering: Marcin Engineering LLC under the direction of Tony Marcin, PE. The tangible "deliverables" to be provided to County shall be completely reviewed by Gibson Reno Architects. This Agreement is conditioned upon the continuing direct personal involvement of the persons identified in this Section in the Work. Neither Gibson Reno Architects nor its approved subcontractors may assign its interest in the Agreement or in their subcontract, including the assignment of any rights or delegation or subcontracting of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 10. Ownership of Documents: County acknowledges that Gibson Reno Architects's (including its respective consultant's) plans and specifications are instruments of professional service. However, Gibson Reno Architects's design, all plans, specifications and all other instruments of professional services pursuant to this Agreement, in any form, and regardless of stage of completion, shall be the sole and exclusive property of the County, whether or not the project is completed. Gibson Reno Architects shall be permitted to retain copies of all such plans, specifications and other documents,. but agrees not to use them for any other project. County shall have the sole and exclusive right to assign, sell, transfer or convey any or all of its right, title and interest in and to the design and all drawings, plans, specifications and any and all other work products produced by Gibson Reno Architects pursuant to this Agreement. County agrees, to the extent allowed by law, to hold harmless and indemnify Gibson Reno Architects against all damages, claims and losses, including defense costs, which arise out of any use by County of the plans and specifications other than for the Project or'a substitute project(s) without the written authorization of Gibson Reno Architects. 9 G ACP ROJ ECTIFM-TREEFISOP RI S.TWO �qw/ 1q� 11. County Responsibility for Disputes: Any dispute arising as to the interpretation of this Agreement shall be resolved by the County's designated representative, and, subject to the qualification next following, it is mutually agreed that his/her decision shall be final in the matter and Gibson Reno Architects shall abide by that decision. Such action by the County's representative shall not preclude Gibson Reno Architects from seeking any available legal remedies including petitioning the District Court of Eagle County for a final determination of the issue(s), however Gibson Reno Architects shall not cease its work under this Agreement pending that determination. 12. Insurance: At all times during the term of this Agreement, Contractor shall maintain the following insurance coverage, at a minimum: a) Type of Insurance b) Professional Liability c) Workers' Compensation d) Comprehensive General Liability Coverage Limits $500,000 per occurrence As required by Colorado law $1,000,000/person/occurence $2,000,000 aggregate/occurence e) All insurance required hereby shall be issued by an insurance company or companies authorized -to do business in the State of Colorado. Gibson Reno Architects shall deliver certificates of required insurance to the County before commencing the Work; the certificate for comprehensive general liability will show the County as an additional insured. f) Before permitting any subcontractor to perform any work under this Agreement, Gibson Reno Architects shall either (1) require each of his subcontractors to procure and maintain, during the life of his subcontract, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own policies in the amounts required hereinabove. 13. Indemnification: Within the limits allowed by law, each party hereto shall indemnify the other party for, and hold and defend the other party and its officials, boards, officers, principals and employees, harmless from. all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts, errors or omissions of, or representations by, the indemnifying party in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the indemnified party to the extent that the indemnified party is liable to such third party for such claim without regard to the involvement of the indemnifying party. Notwithstanding the foregoing, Gibson Reno Architects acknowledges that County is relying on, and does not waive or intend to waive, the monetary limitations, or any 10 G AC P ROJ ECTIFM-TREEFISOPRIS.TW O 1%V! 1MWl other rights, immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S §24-10-101 et seq.), as from time -to -time amended or as otherwise available to County, its commissioners, officers and employees, all of which rights, immunities and protections County expressly retains. 14. PATENTS - COPYRIGHTS: Gibson Reno Architects agrees to protect, defend, and save harmless the County against any demand for payment for the use of any patented or copyrighted material, process, design, article or device that may enter into the work being performed by Gibson Reno Architects under this Agreement. 15. [There is no paragraph 15] 16. Notices: 1. Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party at the following addresses: a) Gibson Reno Architects: Scott Smith, AIA Gibson Reno Architects 210 East Hyman, No. 202 Aspen, CO 81611 Telephone: 970-925-5968 Fax: 970-925-5993 b) County: Richard Cunningham Director, Facilities Management Eagle County P.O. Box 850 Eagle, CO 81631 Telephone: 970-328-8700 Fax: 970-328-7720 (c) With a copy to: County Attorney's Office P.O. Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Fax: 970-328-5219 2. Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 11 GACPROJECTIFM-TREEFISOPRIS.TWO 1140/ d) This Agreement is managed by the Eagle County Facilities Management Department. Day-to-day issues and communications, not requiring formal, contractual notice, should be directed to that department. 17. Miscellaneous: a) Gibson Reno Architects shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. Gibson Reno Architects shall require all consultants to agree to the provisions of this subparagraph. b) The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement -of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification or, deletion from or addition to the scope of the Work, except by a written document of equal formality executed by both parties hereto. c) This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. d) No waiver of any breach or failure of either party to insist on strict performance of any one of the agreements, terms, conditions or covenants herein set forth, shall be deemed to imply or constitute a waiver of any other agreement term, condition, or covenant or the right thereafter to enforce any other default of such agreement. e) This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. f) Subject to the prohibitions against assignment and subcontracting above, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. 12 GA PROJEC IAW-TREERSOPRIS.TWO EV!W-i IN WITNESS WHEREOF, the parties have executed this agreement the day and year first written above. 4,1 � to the Board o�=44!9 f County Commissioners H n C �CRADO COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Lw�r� �'V w .! ette Phillips, Chairman GIBSON RENO ARCHITECTS, L.L.C. By. [PRINT NAME] �- Corporation Manager 13 GACPROJECT\FM-TREEF\SOPRIS.TWO IIMP-90I EXHIBIT A - PROPOSAL FOR PROFESSIONAL SERVICES (to be included in contract by reference) 14 G:\CPR0JECnFM-TREEF\S0PPUS.TW0 Imo/ PROPOSAL FOR PROFESSIONAL SERVICES DAVID EAGLE COUNTY TREE FARM SITE G I BSON EL JEBEL, COLORADO AIA AIA APRIL 9.1999 AUGUST MAY 21 1999 KENO PAR _ L LAND USE PLANNING AIA FACILITIES MANAGEMENT A. Design Team will provide such professional services as SCOTT requested by Owner and will consist of the following scope: SMITH AIA 1. PHASE L PUBLIC INFORMATION Preparation of Background and History; Presentation of display graphics and materials; New facility programming; Presentation preparation (format, locations, speakers); Public workshop # 1; Team meetings (bi-weekly) 3 total; Products: Existing Conditions Map; Rec Use Plan; Site Analysis Plan; Information Handouts (Publicworkshop), Photo Board. 2. PHASE H. CONCEPTUAL SITE PLANNING Preparation of base mapping; preliminary site design; Adaptive Re -Use issues (existing buildings) FAR/Open space calculations; Final conceptual site plan (including display graphics); Team meetings (weekly) 6 total; Products: Conceptual Site Plan, (whole site); Conceptual Site Plan/ Footprint Government Facility; Conceptual building image sketches; Open space calculations; Space needs/ programming analysis. 3. PHASE M. PUBLIC WORKSHOP #2 Preparation of display graphics and materials. Public Workshop; Team meetings (weekly) 2 total; Products: Display graphics and handouts of items in #2 for Public Workshop #2. o., l -i�l�ljl �lII!lll�'lII�I�-� III 210 EAST HYMAN N°202 ASPEN COLORADO 81611 970.925.3968 FACSIMILE 970.925.5993 P.O. BOX 278 101 E. COLORADO AVE SUITE 301 TELLURIDE COLORADO 81435 970.728.b607 FACSIMILE 970.728.6658 4. P.U.D. APPLICATIONS Sketch Plan Application; Preliminary Plan Application; Final Plat Application; Sketch plan public hearings ( 2P&Z and 2 BOCC); Preliminary plan hearings (2 P&Z, and 2 BOCC) Team meetings (bi-weekly) 10 total. Products: Plans and Text per Eagle County; Land Use Regulations; enclosed proposals and based on meetings with E.C. Planning Department.3/25/99 B. SCOPE OF SERVICES ASSUMPTIONS: a. Overall site planning design will be conceptual in nature up to and including the Sketch Plan Submission. The Recreational Uses will be represented per the BHA Design (6-98) (areas, uses, roads, parking, etc.). As more detailed'Rec. Uses' will be required for the Preliminary Plan Submission, these planning and engineering services shall be negotiated at that time, once the scope and direction is defined. Should additional design work for the Rec. Uses. be required for Sketch Plan (different from the BHA Design or more detailed) this will be negotiated prior to commencing work. b. The new government facilities will show an overall conceptual building plan "footprint"; conceptual elevation image sketches showing scale and character of building(s); immediate site boundaries, parking and circulation, will be required at Sketch Plan Submission; additional design work will be required for Preliminary Plan/Final Plat Submission. These services are included in the A&E proposal. - c. No new design work for the existing buildings on the site is included at this time. (Verification of existing square footage's based on Owner's survey as it relates to required Open Space and New Building is included.) ,*W/ 1W� When additional design work is needed for the existing buildings, the Design Team will negotiate this with the Owner prior to commencing work. d. New Building Programming: The Scope of Work includes reviewing the previous programming results and assessing current needs in relation to the desired construction budget of $2 million to $2,400,000. Our initial assumption is that this budget would support a project with a building of about 12,500 - 15,000 SF. New facilities space programming will also be conducted during this phase. Assumptions include two (2) meetings with Eagle County (1 representative from each department) and Pitkin County combined (1 representative from each department) and follow-up coordination to establish a current viable building program (including space studies and adjacencies). e. Services not included in this proposal include the following: Surveying; staking; legal services related to the P.U.D. process; environmental testing/reports; soils/materials testing; Environmental Impact Report or '1041' Report; Employee housing plan or design; and detailed geologic or wildlife reports, permits and fees. f. Should the scope of services vary from the assumptions in this proposal (number of meetings, level of design input required, design changes, additional reports or studies, etc.) the Consultants shall notify the Owner and negotiate such changes prior to commencing such work. g. The Owner shall designate a single representative (on behalf of the Owner), with whom the Design Team will coordinate with. h. Final plat drawing(s) for the Recreational and Government Facility sites are not included at this time (per Marcin Engineering's proposal) due to the unknown nature of the specific engineering information required (legal descriptions, easements, utility routing, access roads, etc.) C. 1.) RCS 2.) GR i. Given the discretionary nature of the County's land use regulatory process, it is agreed and understood by the Owner that no warranty or guarantee as to the Consultant's ability to obtain approval for the Project is either provided or implied. DESIGN CONSULTANTS SERVICES PH 1 PH2 PH3 PH4 TOTAL FEE 80hr 84hr 42hr 240hr 446hr $361,870.00 ($6,500) ($6,660) ($3,110) ($20,600) 110 72 23 118 323 ($11,500) ($7,560) ($2,415) ($9,856) 3.) DHM 43 64 20 54 181 ($3,655) ($5,440) ($1,700) ($4,590) 4.) ME 18 140 12 160 330 ($1,440) ($11,260) ($960) ($12,760) Subtotal $23,095 $309920 $89185 $479806 TOTAL $110.006.00 $31,331.00 $15,3 85.00 $26,420.00 Normal reimbursable costs (as described in Agreement for Professional Services) will be billed at a rate of 1.15 in addition to the services above during the Land Use Planning Phases. * RCS (Rock Creek Studio) GR (Gibson Reno. Architects) DHM (DHM Design Corporation) ME (Marcin Engineering) TREE FARM PLANNED UNIT DEVELOPMENT CONCEPTUAL TASK OUTLINE -i--, rreparnuon oI UISPIRY ura 111CS HIM M8ICf1013 1-3 Presentation Preparation �'� 10 .... 20 5 — 5 — 0 tt 14 Public Workshop # 1 1-5 Team Mectin s Bi-Weekly)6 4 4 6 4 6 4 2 0 2 0 0 t► t1 Products - Display Graphics and Handouts Proposed Meeting Date -1st Week of May ' Subtotal /Q 80 43 41 .2 0 tl 11-1 I'rc station of Basc Mapping I1-2 Preliminary Site Design 10 10 24 16 10 24 8 16 20 16 0 0 tl 0 11-3 Adaptive Re -Use Issues JE\isting Building!) 25 10 11.4 Final Conceptual Site Plan(Including Display Ora hics II-5 -1'cam Mectin s Weekly 15 12 22 12 24 6 10 6 t0 6 0 I Products - Conceptual Site Plan and Architectural Renderings Prosect Completion Date - 3rd Week of July' Subtotal I1I-1 Preparation of Display Graphics and. Materials III-2 Presentation 11rcparation 111-3 Public Worksho #2 1114 Team Meetings (Weekly) 72 84 50 62 10 5 4 4 20 10 6 6 8 4 4 4 10 5 4 2 0 t) 0 0 0 0 .0 0 0 t► 0 0 Products - Display Graphics and Handouts Pmpused Meeting Date 2s"mit of *a - 5ubtalal 23 42 20 21 0 0 ._ k IV-1 Sketch Plan Application 20 70 8 12 16 0 Proposed Submittal Date - 4th Week of September I V-2 l'rclimina Plan Application Proposed Submittal Date - 4th Week of November '24 100 8 12 I b t1 IV-3 Final Plat Application 30 30 8 10 5 tt Proposed Submittal Date - 41h Week of Janus IV-4 Sketch Plan Public Hearings 2 P/ Z and 2 B(XC 20 20 10 10 5 0 IV-5 - Prclimina Plan Hearin 2 P/Z and 2 BOCC IV-6 Tcam Meetings Bi-Weekly 20 20 201 20 20 Subtotal 114 240 541 64 62 TOTAL 277 446 176 126 A'nre: A.ssrimptions for Leight Scott h Clean, Alarcin Iingmeermg. Alnume cY JCivett ana ourggral/ and MSToclares is aaseu on 11me me raaurl ry .r.wx.i. fr...rra 8. —'s .. ...... ... _ _ dr1 f ing of the laud Use Applicatinu. It dnes not iuchtde specific tasks associated ►rich die scope of work for each sub-consuhant ROCK MCKEEK msvp10. 3 Dmfl x5 41 /99 :�. SCOPE OF SERVICES Consultant agrees�rovide such professional planning se. s as rcquested by Oie nt g and arisinfrom the aforesaid project including, but not necessaril sited to, the follov,-inv n � project, _ - tasks: Task 1 - Public Process Meeting to Present the Histor: of the Tree Faris and Takc Public Comments Regarding Future Phases of the Project; ,Task 2 - Conceptual Site Design at a Level Appropriate for Sketch Plan Application: Task 3 - Public Process to Present Site Plan Alternatives; "Task 4 - Planned Unit Development Application (Sketch Plan. Preliminary Plan and Public Process including Public Hearings) Consultant shall provide Client with such periodic reports as may be I-CQUested by Client regarding the status of the Project and the % roject budget. Consultant shall provide such other professional planning servnces as may be required or requested by Client in the pertomiance of this Agreement and which are mutually agreed open by and between the parties hereto. Given the discretionary nature of the County's'land use regulatory process, it is agreed and understood by Client that no warranty or guarantee as to Consultant's ability to obtain approval for the Project is either provided or implied under this Agreement. B. COMPENSATION For the above services, Client agrees to compensate Consultant for all ,vork perforcned, upon completion of sage, at the rate of Ninety Five ($95.00) per principal Winn hour and Forty (S40.00) per technician man hour.' Client further agrees to reimburse 7 Consultant for all out-of-pocket expenses reasonably incurred in connection with the work. i1:rlU ing, but not necessarily limited to, materials, photocopy, reproduction or scanning, printing, travel, postage and long distance telephone charges, said reimbursable: expenses to be billed at Consultant's cost plus fifteen (15) percent. Tt is agreed that Consultant shall nwt iTIC-.r anv individual reimbursable expense in excess of Five Hundred Dollars (S500.00) without Client's prior approval. Consultant's hourly rate shall be subject to annual adjustment. Charges for work completed after any such adjustment, including work completed with respect to ongoing projects initiated in prior years, shall be based an the adjusted hourly rate unless otherwise: .notified. The Foregoing notwithstanding, it is agreed that Consultant shall not increase the initial hourly rate for a period often (10) months from the date of this Agreement. It is further agreed that any subsequent rate adjustment shall be consistent with prevailing market rates in effect at the time of the adjustment. The Scope of Work and estimated hours required to complete the project is as follows: Task PrindRA Hours Technicinn Hours "Task 1 - Public Process 71 60 Hours 20 Hotiii Task 2 - Conceptual Site�Design 60 flours 24 Botirs Task 3 - Public Process 2 26 Hours 16 Hours Task 4 - PUD application 200 Flours 40 Flours TOTAL 346 Hours 100 Flours LABOR COSTS 5327870.00 S47000.00 Reirnbnrsables @ 10%Total Projec+ $3,687.00 J iKOC<' G-' ,A1!aw, n.s ... Jl�... M1rt2CIN ENGINEERIR� LLC April 2, 1999 Scott Smith Gibson Reno Architects, LLC 210 E. Nyman Ave., Suite 202 Aspen, CO 81611 Dear Scott, Enclosed at your request is our fee proposal for Civil Engineering services through Sketch Plan phase for the Mt. Sopris Tree Farm PUD and an additional fee for Civil Engineering services required to take the new government building site tluough the entire PUD portion of the project. We have made a few assumptions in our fee estimating for work necessary under Sketch Plan: The intent of our work with site utilities will be to determine generally how the site will be serviced by sewer, water, and electric utilities in the area, based on information we gather from our site survey, existing base maps, and discussions with local utilities. The intent of our work with site drainage will be to develop general drainage patterns for the site plan. Quantitative drainage work will be done in the Preliminary Plan Phase. Land Surveying work is not included in this fee proposal. Construction Services are included for the building site only. All services listed in Land Use Planning after sketch. plan are for support only. No fee is included for Final Plat Documents or any other service. The intent of our work in transportation services will be to illustrate schematically the options conceived by the traffic engineer on the site plan. Sincerely, Tom Marcin, PE Enclosure PO Box 1062. Avon %".;oiorado 81620 (970) 748-0274 Iwo TREE FARM PLANNCD UNIT DEVELOPMENT 1lt' Aitcm ErtaiNMRMO LLC APdl 2.1999 FEE SCHEDULE Consultln Task Land Usa Mannino Transportation Services Building Site Services Totals 1-1 Pre Ion of eackwound and History t-ta Prepare Base Map Irribmtetion. Perform Survey by se ate contras 1-2 Pre on of 01SPISY G and Msterlata 1-3 Presentation PM2&mlon 1-4 Public VaftfPIOa1 1.5 Town Mean a 8 amOND x 3 hotra each S 1.440.00 roaucts• cispisy Grapnice and Handotm roposed Meeting Date -1st Week of subtotal t 1 .00 1 a40.00 II-1 Pro ELMlon of Base Mapping Me 7 - June 18 II-1 a Boundary and Tengraphle Survey ti separate contract II-2 Prelim1my Site D $ 1.200.00 11-21k Evaluate Utilities for capacKy and location S 1.500.00 11-2b EvaiuMe Road and Parking concega 3 1,280.00 S 400.00 s 400.00 11-2c Pro re Cost Estknates for Highway 82 Improyernant Attamalm 1,000.00 11-20 Review Grad everail S 1,250.00 11.3 A48PtIVO Re -Use lasues(Existing Buildings 113a Evaluate Utilities for copwAy and location S 2.760.00 Conos al Access t0 bulldi B S 800.00 nes ual Site Plan Includin DI Gm cs S 880.00 Base Drawl s for armor S 1.6w•00 VII-3bReview eetirt s Weeki 6 a x 3 hours earn St one al Sibs Plan and AreMteetural Renderiname lotion Data 8abmtsl i 11 28Q.00 S 1,400.00 S 1900.00 S /4 880.Q0 ttl-t Pre aUrm d DI a G ies arnd Materials June le - Jut 10 111-2 Preswowlion'P on 3 240.00 111-3 Public Wort huh 62 111.4 Team Meat e v 4 meetings x 3 hours each S 720.00 06 Products- D12play Graphics and Handou% Proposed MaeOna Date - 2nd Week of August Subtotal 950.00 s 9e0.00 S 1 280.00 N-1 SkatCh Plan AEPWAUOn IV- ta Scitemetic Sde Plan %w roade. trails. parking and emmon control S 5.400.00 3 t em.00 IV-1b Schenwdic GiludIna and DreIrtme Plan S 1 800.W 800.00 IV-1c Schemalit Hwy 82 IMMent, Plan Allematss 3 &.800.00 S IV- td Scherntdic Willy plan S 8DD.00 Saarotbr S 9 Ot0.00 4 800.00 S 200.00 5 17,030. Proposed Submittal Date - 4th Week of September IV-2 Prellmlnm Plan Apeliattion su n S 1.280.00 IV-2n Building Site Plan Roaa end Parking Layout = 3,840.00 IV-2o Buildft Site Gradt and Drainage plan s 3.61M•00 IV-2 Bulldi Site Sewer and Water Plan Bervtee lines S 2.400.00 IV-2q Building Site Shallow 1.1011ty Plan S 1.800.00 - Fbwl Plat su s 00.00 Metstirt to S 2.000.00 Subtotal S 3,680.00 S 11 440.00 S 1 5m.00 U to tans to CD level Provide a tftration for vrolect manual 3 800•00 Construction Obeervation 12 sde visits x d hours each b 2.660.00 Meetings S meemtn e x 3 hours oath S 1 2D0.00 Subtotal S 6 290.00 [TOTALS 2S 420.00 9 200.00 1 21 020.00 I I84 .dQ M NqW MARCIN IENGINEEMNG LAC 1999 Hourly Rate Schedule Project Manager 580 Project Engineer S70 Licensed Surveyor Si0 Design Engineer S60 Construction Engineer S60 Engineering Technician S50 Clerical $40 Survev Crew 5100 Attendance at public meetings S140 Court appearances SCOPE & FEE SUBMIT-r L \%Uw� lftd Sopris Tree Farm Site Design - Phase I - Public Information Client: Engle County Date: 3/11/99 Firm: DHM Design Corporation Revised: Job No.: 99026-00 Itemized Summary Title Rate Hours Total Conceptual Design 1.1 Labor 1.1.1 Site Research & Site Inventory Project Mgr./Principal $85 12 $1.020 Base information to be provided by Client and/or Task Sub -Total 51,070 other consultants. DHM to become familiar w/ existing site conditions, opportunities, & constraints. 1.1.2 Site Conditions Drawing Project Mgr./Principal S85 16 $1,360 DHM to provide hand drawn plan graphically Task Sub -Total S 1.360 displaying existing site conditions. Items to be illustrated include sensitive ecological environments, sensitive visual environments, steep slopes, and a general description of site vegetation. I.I.3 Coordination for Public Workshop Project Mgr./Principal S85 5 5425 Coordinate w/ other consultants in preparation Task Sub -Total S425 for first public workshop. 1.1.4 Public Workshop #1 - Project Mgr./Principal S85 4 $340 Attend public workshop to answer specific site Task Sub -Total 5340 related questions. Primary facilitation of public meeting to be handled by Gibson -Reno and Rock Creek Studio. 1.1.5 Team Meetings Project Mgr./Principal S85 6 5510 Attend three bi-weekly meetings at two hours each Task Sub -Total S510 to coordinate w/ other team members. Labor Total 43 S3,655 1.2 Miscellaneous Expenses To be billed as reimbursables. DHM Total $3,655 30 ' d ZZS9 £96 OL6 a L epuoq-A eO ` u6 L Sap uuyp VLZ = T T 66- T � -„ AQW dhin desist I IANDsUer Anr Xl'ECIYet llous D) .Lu Pwv EReiaoRMnnat PunMtne FEE STRUCTURE DHM Design Corporation Effective January 1, 1999 Hpylrty Ratpe Son for Principal Principal Senior Associate Associate Senior Landscape ArchitectlPlanner Landscape Architect Technical Assistant Computer Specialist ClericaMord Processing Xerox Copies Color Copies Blackline Prints Mylar Sepias In -House Computer Plots Mylar Vellum Bond Color Computer Plots Large Document Xerox Mileage _ p r i n c i p a l s F. Dcan Maw Grey; E. 8,a. `-� Richard IL Manhail Mike Gasper ROOM w. Tmrth IM .Neumann Bud Lman Laura f. Kilk IEuary Foo[lik Dand CA,p Ier S100.00-S115.00 $80.00-$110.00 S75.00-$90.00 $55.00-S70.00 $50.00-$65.00 S40.00-$50.00 $45,00-$60.00 $80.00 - $88.00 $35.00 - S45.00 $0.25 per copy $1.00 per copy $0.20 per square foot $2.00 per square foot S3.50 per square foot $2.50 per square foot SO.50 per square foot S2.50 pe r square foot $0.20 per square foot $0.31 per mile All outside reimbursable expenses such as printing, xeroxing, and long distance telephone calls are billed at our direct costs. Bills are rendered and due payable monthly. Terms: Due and payable within 30 days upon receipt of statements. 1 112% per month interest charged on all past due accounts. Proposal price quotes shall remain in effect for a period of six months with renegotiation of hourly rates and reimbursable expenses at that time. Corporate t390 LAw nce Semi, Suite too, Denver. CO 8oro4 office9i1hrittimp.cam:En 11 303. 69:. 4984421a 303.89z.5566 :Tel ..,._.... -.... .. .., ,.. .. _ .. _ .TOTr"1L F.01 CO-d eeS9 E96 OL6 al_epuoq. eO `u6Esap Wqp VZZ=ii 66-11-„teW m GIBSON & RENO ARCHITECTS, L.L.C. CURRENT HOURLY RATE SCHEDULE 1999 PREY CIP ALS $140.00 FIFER HOUR ASSOCLATE PR iCIPAL $115.00 PER HOUR PROTECT iNtANA.GER $105.00 PER HOUR PROJECT ARCHITECT S 90.00 PER HOUR DESIGNER S 75.00 PER HOUR CLERICAL S 45.00 PER HOUR DAV;C A; A AUGUS [ZE`0 AIA SCOT r Sell-H :\IA GIBSON-RENO III ?lU E. HYMAN v„ :02 ASPEN CO LO RA CC 3loii 970.925.5 %3 FRCS i .41 I LE 970-925.5903 P.O. BOX 278 117 N. wI LLOV% %,i., i EL LIJRi1)E COLORADO 31-:35 1)70.723.00O FAC.S I Nl I LE 0 7 0.723.ou5 8 PROPOSAL FOR PROFESSIONAL SERVICES EAGLE COUNTY TREE FARM SITE EL JEBEL, COLORADO APRIL 9,1999 A. Design Team will provide such professional services as requested by Owner and will consist of the following scope: 1. Leigh, Scott & Cleary Transportation Planning: Analysis, Impact assessment, Final Report and Permit Work as described in attached April 131) 1999 proposal. The initial phase of Traffic Analysis will be contracted directly with Eagle County and will include the Work described in the proposal dated March 26 to Eagle County. The attached proposal from LSC further describes their Scope of Work. 2. Marcin Engineering (Civil Engineers) will provide initial schematic options (2) for improvements to the Highway 82 intersection of the project based on input from Leigh, Scott & Cleary and of the connecting road into the site for the new Government Facilities, Recreation Uses and Existing Buildings (the access road to the Rec. Uses and existing buildings will be assumed to be as shown per the BHA Design Plan of June 1998). A schematic option will be incorporated into the Sketch Plan Submission. Additional design and Engineering Work for the Site Transportation/Circulation systems as required for Preliminary Plan and Final Plat Submissions will be negotiated as additional services. Marcins' Scope of Services will include: Evaluating Road and Parking Concepts; Prepare a Cost Estimate for the Highway 82 schematic improvements; Prepare a schematic Highway 82 improvement plan and coordinate, prepare & present above mentioned information for the Sketch Plan submission (Meeting time included in Part I - Land Use Planning). 1400 3. Products: Written and illustrated Traffic Impact Report; Schematic Plans of recommended improvements to the Highway 82 intersection; Government Facilities access road and access road(s) for the Rec. uses on remainder of sites, based on BHA Design. Design Consultants' Services: Work Tasks Land Use Planning Subtotal Coordination 1.) LSC $6,900.00 $11900.00 $8,800.00 2.) ME $4,800.00 $880.00 $5,680.00 3.) GR $11)575.00 $17575.00 4.) Reimbursables (ME, GR) estimated $725.00 TOTAL $16$780.00 * LSC (Leigh, Scott & Cleary) ME (Marcin Engineering) GR (Gibson Reno Architects) 4. Services not included in this proposal include the following: Surveying; staking; legal services related to the P.U.D. process; environmental testing/reports; soils/materials testing; Environmental Impact Report or'1041' Report; Employee housing plan or design; and detailed geologic or wildlife reports. 5. Should the scope of services vary from the assumptions in this proposal (number of meetings, level of design input required, design changes, additional reports or studies, etc.) the Consultants shall notify the Owner and negotiate such changes prior to commencing such work. 13:30 LSC#Denver April 13, 1999 Mr. Scott Smith Gibson -Reno Architects, LLC 210 East Hyman, No. 202 Aspen, CO 81611 Dear Scott: 303 333 1107 P.01 4 walGH, SCOTT & CLEARY, INC. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING CONSULTANTS 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 E-mail: lseden@ecentral.com Re: Sopris Tree Farm Proposal As requested. Leigh. Scott & Cleary, Inc. is pleased to submit this revised Scope of Work for proposed transportation engineering services related to the development of plans for the Sopris Tree FanT1 site in the El Jebel area of Eagle County. Site development is currently envisioned to include about 20,000 square feet of government office space and regional park facilities. This proposal supersedes a March 8, 1999 proposal to you that included a study of background traffic which is now proposed to be done under separate contract with Eagle County. The purpose of this proposal is to prepare a study of the Sopris Tree Farm development's traffic impacts. For this assignment, we envision the following two-phase work program: PHASE A: PRELIMINARY IMPACT ASSESSMENT A-1: Estimate the amount of average weekday and peak -hour traffic to be generated by buildout of the Tree Farm site (office and park uses). These estimates will be made in conformance with trip generation rates/formulae published by the Institute of Transportation Engineers, based on the project's preliminary site plan. A-2: Determine the directional distribution of project -generated traffic onto the surrounding roadway system and assign traffic to the key access intersections. A-3: Evaluate the traffic impacts of the proposed project expressed in terms of peak - hour Levels of Service at key access intersections. Three alternative access plans are assumed at this level of planning. A-4: Determine those optimum vehicular access improvements (laneage, traffic controls, etc.) and/or Travel Demand Management measures (transit, trails, etc.) which may be required to mitigate the project's traffic impacts. A-5: Prepare and submit a preliminary written and illustrated report which summarizes our -study findings and conclusions. A-F: Attend and participate in a second public meeting concerning the project. Apr-13-99 13:31 LSC#Denver 303 333 1107 P.02 'WVr? Iaew Mr. Scott Smith Page 2 April 13, 1999 PHASE B: FINAL REPORT AND PERMITS B-1: Based on input received from the County review and public information study tasks together with any changes in the site plan, revise, update and submit the traffic study report. B-2: Participate in a coordination meeting with Colorado Department of Transportation representatives concerning project plans and related SH 82 access permits. Assist County with the preparation of required access permits and any related waivers. B-3: Attend and participate in a team meeting and any public hearings related to the project (three hearings and one team meeting assumed). IL is an tici paled that the above work program will require a budget of $6,900 and can be completed within 45 days following completion of the initial Sopris Tree Farm Public Workshop. These totals are based on the following incremental budIN get and time schedule allocation: A-1 Generation Estimates A-2 Distribution/Assignment A-3 Traffic Impacts A-4 Improvements A-5 Preliminary Report A-6 Public Meeting B-1 Revise Report B-2 CDOT Coordination/Permits B-3 Public Hearings (3) & Team Meeting (1) Other Directs Costs (travel, meals, lodging, etc.) TOTAL (45 days) 220 220 440 220 1.800 660 900 660 2.860 820 $8,800 This budget assumes four two-hour public meetings/hearings and one four-hour team meeting plus four hours of travel for each. If additional work is requested beyond this proposed scope, we would expect to be compensated on a time and materials basis in accordance with the enclosed billing rate schedule. Apr-13-99 13:31 LSC#Denver 0 W 303 333 1107 P.03 Mr. Scott Srriith Page 3 April 13, 1999 We trust that this proposal is responsive to your needs. Please call if additional information is required. We look forward to working; with you and the other project team members on this exciting Eagle County project. Sincerely, LEIGH, SCOTT & CLEARY, INC. By: / I Philip . Sc III, P.E. PNS/wd Enclosure: Billing Rate Schedule Apr-13-99 13:31 LSC#Denver 303 333 1107 P.04 c. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING CONSULTANT'S 1889 York Street Denver, Colorado 80206 (303) 333-1105 FAX: (303) 333-1107 STANDARD BILLING RATES 3L. LABOR RATE Principals ................................................... $110.00/Hour Associates.................................................... $85.00/Hour Senior Engineers ............................................... $70.00/Hour Senior Planners ................................................ $65.00/Hour Etigineers..................................................... $55.00/Hour Planners..................................................... $50.00/Hour Senior Technicians ............................................. $40.00/Hour Technicians/Administrative Assistants .............................. $35.00/Hour Clerical...................................................... $30.00/Hour 2. SPECIALIZED E9 Computer and Specialized Software .................................. $15.00/Hour Turning -Movement Traffic Keyboard ................................. $ 2.50/Hour Automatic Traffic Counter ......................................... $15.00/Day Auto.......................................................... $ 0.33/Mile Photocopies....................................................$ 0.10/COPY 3. OUTSIDE CONSULTANTS, SUB -CONTRACTORS AND CONTRACT LABOR Billed at our cost + 10 percent. 4. OTHER DI LECT PROJZCT EXPENSES such as Airfare, Lodging, Meals, Car Rental, Telephone, Postage, Parking Fees, Printing, Graphics, Delivery Charges, etc., are billed at our cost. Effective January 1, 1999 Transportatlon Sy.-itemF•'rramit•Parklnq.Vehlcular AecemoPedestrlan & Bicycle plararaingsTraftte Operations & Saretye nal DrclttnsTrafflc Impact Studies PROPOSAL FOR PROFESSIONAL SERVICES EAGLE COUNTY TREE FARM SITE EL JEBEL, COLORADO APRIL 9,1999 PART III. ARCHITECTURAL & ENGINEERING SERVICES A. Design Team will provide such professional services as requested by Owner and will consist of the following scope: 1Z_ 1_:_AA 11 /__' Wa- For purposes of preparing A&E Proposals, the following services are included: Architectural, Civil, Landscape, Structural, Mechanical/Electrical Consultants SITE: A parcel located in the Northeast corner of site (adjacent to the Highway 82 intersection) approximately 3 acres in size. PARKING: Provide 145 spaces BUILDING: 12500 - 15,000 SF office building (2- story) with shared community space. BUDGET: $2 million to $2.4 million construction budget for building and immediate site (parking, drive, utility mains from site in, landscaping). Should these assumptions change in scope or nature during the course of the project, the Design Team will negotiate the required additional services with the Owner prior to commencing work. 2. Design services shall be provided for Schematic Design, Design Development, Construction Documents, Bidding & Negotiating and Construction Administration as described in the attached 'AIA B 163 - Description of Designated Services'. These services shall include these L-5 following disciplines: Architectural, Civil, Structural, Mechanical, Electrical, Landscape. Eagle County Tree Farm Site Proposal (Part III) April 9, 1999 Page 2 3. DESIGN SERVICE COMPENSATION: a. Schematic Design (20%) $39,600.00 b. Design Development (15%) $29,700.00 C. Construction Documents (40%) $79,200.00 d. Bidding and Negotiations ( 5%) $ 9,900.00 e. Construction Administration 2( 600 00 Total 100% $198,000.00 (Includes normal reimbursable expenses as outlined in Eagle County Agreement for Professional Services.) Up to 6 check sets of documents during phases a,b & c. Printings for construction not included. Portions of Schematic Design (Arch., Civil, Landscape) and Design Development (Civil), will need to be completed during this Land Use Planning Phase. Should additional portions of A&E work be required to be completed during the Land Use Planning Phase, these will be authorized by the Owner prior to commencing the work. 4. Services not included in this proposal include the following: Surveying; staking; legal services, environmental testing/reports; soils/materials testing; Employee housing plan or design; and detailed geologic or wildlife reports, permits and fees 1U atwKEINA-Vamy_M._ PRELIMINARY SCHEDULE .June 1999-December 1999: Public Information Phase; Initial Building Schematic Design/Development; Conceptual Site/ Building Planning; (Information gathering, Public Workshops; Planning Meetings, Programming.) January 200-June 2000: P.U.D. Application, (Sketch Plan, Preliminary Plan and Final Plat Applications; Team/ Public Meetings; Building Design Development.) July 200-August 2000: Construction Documents. SeFtember 2000-June 2001: Construction of Government Facilities Building. July 2001-June 2002: Warranty Period for Government Facilities Building. DAV I D G I BSON AIA AUGUST RENO AIA SCOTT SMITH AIA .oAlol III .., 210 EAST HYMAN NO202 ASPEN COLORADO 81611 970.925.5968 FACSIMILE 970.925.5993 P.O. BOX 278 101 E. COLORADO AVE SUITE 301 TELLURIDE COLORADO 81435 970.728.660 FACSIMILE 970.728.6658 IM EXHIBIT B - DESCRIPTIONS OF DESIGNATED SERVICES (to be included in contract by reference) 15 GAUROJECIA M-TREERSOPRIS.TWO \%N-11/ anticipated market conditions and construction cost, availability of labor, materials and equipment, and their proposed methods, sequences and time schedules for construction of the Work. Upon receipt of their proposed Work schedules, the Architect shall pre- pare a schedule for providing services. In the event of a conflict between the proposed Work schedules and the Architect's pro- posed schedule, the Architect shall inform the Owner of such conflict. 2.2.9.3 Supplemental Services. Supplemental Services may be, provided, however, during a single phase or several phases and may not necessarily follow the normal chronological sequence. ARTICLE 2.3 DESCRIPTIONS OF DESIGNATED SERVICES PROJECT ADMINISTRATION AND MANAGEMENT SERVICES .01 Project Administration services consisting of administrative functions including: .01 Consultation .02 Research .03 Conferences .04 Communications .05 Travel time .06 Progress reports .07 Direction of the work of in-house architectural personnel .09 Coordination of work by the Owner's forces. .02 Disciplines Coordination/Document Checking consisting of: .01 Coordination between the architectural work and the work of engineering and other disciplines involved in the Project .02 Review and checking of documents prepared for the Project by the Architect and the Architect's Consultants. .03 Agency Consulting/Review/Approval services, including: .01 Agency consultations .02 Research of critical applicable regulations na n,,,.,. a ,s. e. eern- - .04 Preparation of written and graphic explanatory materials .05 Appearances on Owner's behalf at agency and community meetings. The services below apply to applicable laws, statutes, regulations and codes of regulating entities and to reviews required of user or community groups with limited or no statutory authority but significant influence on approving agencies -and individuals, including: .06 Local political subdivisions .07 Planning boards .08 County agencies .09 Regional agencies .10 Federal agencies .11 User organizations .12 Community organizations (PER PROPOSALS PART I, II, III) .04 Owner -Supplied Data Coordination, including: .01 Review and coordination of data furnished for the Project as a responsibility of the Owner .02 Assistance in establishing criteria .03 Assistance in obtaining data, including, where applicable, documentation of e._cisting conditions. AIA DOCUMENT B163 - OWNER•ARCHIiECT AGREEMENT FOR DESIGNATED SERVICES AlA• - 01993 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. `.W.. WASHINGTON. D.C. 20006.5292 - WARNING: Unlicensed photocopying 10 B163-1993 violates U.S, copyright laws and will subject the violator to legal prosecution. .05 Schedule Development/Monitoring services, including: .01 Establishment of initial schedule for Architect's services, decision -making, design, documentation, contracting and con- struction, based on determination of scope of Architect's services .02 Review and update of previously established schedules during subsequent phases. .06 Preliminary Estimate of the Cost of the Work, including: .O1 Preparation of a preliminary estimate of the Cost of the Work .02 Review and update the preliminary estimate of the Cost of the Work during subsequent phases. .07 Presentation services consisting of presentations and recommendations by the Architect to the following client representatives: .01 Owner .02 Board of County Commissioners .03 Staff committee(s) .04 'User group (s) , PRE -DESIGN SERVICES .08 Programming services consisting of consultation to establish and document the following detailed requirements for the Project: .O1 Design objectives, limitations and criteria .02 Development of initial approximate gross facility areas and space requirements .03 Space relations .04 Number of functional responsibilities personnel .05 Fle.dbility and expandability .06 Special equipment and systems .07 Site requirements .08 Development of a preliminary budget for the Work based on programming and scheduling studies .09 Operating procedures .10 Security criteria .11 Communications relationships .12 Project schedule. .09 Space Schematics/Flow Diagrams consisting of diagrammatic studies and pertinent descriptive text for: .01 Conversion of programmed requirements to net area requirements .02 Internal functions .03 Human, vehicular and material flow patterns .04 General space allocations .05 Analysis of operating functions .06 Adjacency .07 Special facilities and equipment .08 Flexibility and expandability. .10 Existing Facilities Surveys eonsisting of researching, assembling, reviewing and supplementing information for Projects involving alterations and additions to existing facilities or determining new space usage in conjunction with a new building program and including: .01 Photography .02 Field measurements (verification 5br baseline square footages) .03 Review of existing design data AIA DOCUMENT B163 - OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALA- - ,D 1993 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. V.W., WASHINGTON. D.C. 20006.5292 - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. B163-1993 11 .01 .02 .03 .04 .05 .06 .07 .08 .09 .10 .11 I Studies relating to determination of social, economic and political need forend acceptability of the Project and ofi ina[ion with Owner of the scope, parameters, schedule and budget for marketing studies Itlfi 'on, assembly, review and organization of existing pertinent data n¢eme of clearances for use of existing data Mail survey sou'. ou 'es Personal surst ies Analysis of data Assistance in obtaining c ute, Computerized analysis and dl Preparation of interim reports Preparation of final report Assistance in production of final analysis and modeling 12 Its nomic Feasibility Studies consisting of the preparation of economic analysis and feasibility evaluation of the Project base n estimates ofi .01 To ject cost .02 Operauo d ownership cost .03 Financing req ' menu 04 Cash flow for deli construction and operation .05 Return on investments 'es .06 Equity requirements. 13 Pr ct Financing services as required in connection with: .01 'stance to Owner in preparing and submitting data, supplementary drawings and documentation .02 Res of financing availability .03 Direct sota[ion of financing sources by the Architect. Project frnand services are required for: .04 Development costs .05 Site control and/or acqu ' ion 06 Predesign and site analysis s 'ces .07 Planning, design, documentatio nd bidding services .06 Interim or construction financing .09 Permanent or long-term financing. SITE DEVELOPMENT SERVICES .14 Site Analysis and Selection consisting of: .01 On -site observations :02 Movement systems, traffic and parking studies (In Part II Proposal) .03 Topography analysis .04 Analysis of deed, zoning, and other legal restrictions (Legal services by Owner) .05 Studies of availability of construction materials, equipment and labor .06 Overall'site analysis and evaluation AIA DOCUMENT B163 • OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALAI - 01993 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WA.SHINGTON. D.C. 20006-5292 • WARNING: Unlicensed photocopying 12 B163-1993 violates U.S. copyright laws and will subject the violator to legal prosecution. .15 Site Development Planning consisting of preliminary site analysis, and preparation and comparative evaluation of concep- tual site development designs, based on: .01 Land utilization .02 Structures placement t 04 -gemelopment phasing .05 Movement systems, circulation and parking .06 Utilities systems .07 Surface and subsurface conditions .09 Deeds, zoning and other legal restrictions .10 Landscape concepts and forms. .16 Detad Site Utilization Studies consisting of detailed site analyses, based on the approved conceptual site development design, ' cluding: .01 Lan utilization .02 Struct res placement .03 Facilici development .04 Deveiopm t phasing .05 Movement tems, circulation and parking .06 Utilities syste .07 Surface and subs ce conditions .08 Review of soils rep .09 Vegetation , .10 Slope analysis .11 Ecological studies .12 '• Deeds, zoning and other I restrictions .13 Landscape forms and materi .17 On -Site Utility Studies consisting of establishing requirements and preparing initial designs for on -site: .Ol Electrical service and distribution .02 Gas service and distribution .03 water supply and distribution .04 Site drainage .05 Sanitary sewer collection and disposal .07 Storm water collection and disposal .09 Fire systems .10 Emergency systems .11 Security .13 Site illumination .14 Communications systems. .18 Off -Site Utility Studies consisting of: O1 confirmation of location, size and adequacy of utilities serving the site .02 Determination of requirements for connections to utilities .03 Planning for and design of off -site utility extensions and facilities from adjacent service availability points AIA DOCUMENT 9163 - OWNER ARCHITECT AGREEMENT FOR DESIGNATED SERVICES AIA'- 01"3 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, v.W.. WASHINGTON. D.C. 20006-5292 - WARNING: Unlicensed photocopying B163-1993 13 violates U.S. copyright laws and will subject the violator to legal prosecution. \/ •19 Environmental Studies and Reports consisting of: Excluded from Part I Proposal •20 Zoning Processing Assistance consisting of: .01 Assistance in preparing applications .02 Development of supporting data .03 Preparation of presentation materials .04 Attendance at public meetings and hearings. .21 Geotechn ngineering services, including, but not limited to: By Owner .01 Test borings, t determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and res hivitests, including necessary operations for anticipating subsoil conditions .02 Reports and appropriate I rofessio mmendations, •22 Site Su services, to include: By Owner .01 Furnishing a by a licensed surveyor, 'describing the physical characteristics, legal limitations and utility locations for the site a the Prol cluding a written legal description of the site .02 Include, as applicable, grades lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, ebaqents, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and r ecessarymazapertaining to existing buildings, other improvements and trees; and information concerning available utility services an both public and private, above and below grade, including inverts and depths. All information shall be referenced to a a t benchmark_ DESIGN SERVICES •23 Architectural Design/Documentation: .01 During the Schematic Design Phase, responding to program requirements and preparing: .01 Review of owner's Program and Budget .02 Conceptual site and building plans .03 Preliminary sections and elevations .04 Preliminary selection of building systems and materials .05 Development of approximate dimensions, areas and volumes .07 Study model Q1 During the Design Development Phase consisting of continued development and expansion of architectural Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project through: .01 Plans, sections and elevations .02 Typical construction details .03 Three-dimensional sketch(es) .05 Final materials selection .06 Equipment layouts. A13 During the Contract Documents Phase consisting of preparation of Drawings based on approved Design Development Documents setting forth in detail the architectural construction requirements for the Project. AIA DOCUMENT B163 • owNER-ARCHrMCT AGREEMENT FOR DESIGNATED SERVICES ALA- - 01993 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735•NEW YORK AVENUE. 14 B163_1993 N•W, WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed -photocopying violates U.S. copyright.laws and will subject the violator to legal prosecution. 24 Structural Design/Documentation: .01 During the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: .01 A predetermined structural system .02 Alternate structural systems. .02 During the Design Development Phase consisting of continued development of the specific structural system(s) and Schematic Design Documents in sufficient derail to establish: .Ol Basic structural system and dimensions .02 Final structural design criteria .03 Foundation design criteria .04 Preliminary sizing of major structural components .05 Critical coordination clearances .06 Outline Specifications or materials lists. .03 During the Contract Documents Phase consisting of preparation of final structural engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the structural construc- tion requirements for the Project. 25 Mechanical Design/Documentatlon: .01 During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: .01 Energy source(s) .02 Energy conservation .03 Heating and ventilating -First and lifecycle cost comparison of three alternative .04 Air conditioning systems. .05 Plumbing " .06 Fire protection .07 General space requirements. 02 During the Design Development Phase consisting of continued development and ecpansion of mechanical Schematic Design Documents and development of outline Specifications or materials lists to establish: .01 Approximate equipment sizes and capacities .02 Preliminary equipment layouts .03 Required space for equipment .04 Required chases and clearances .05 Acoustical and vibration control .06 Visual impacts .07 Energy conservation measures. .03 During the Contract Documents Phase consisting of preparation of final mechanical engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the mechanical construc- tion requirements for the Project. .26 Electrical Design/Documentation: .01 During the Schematic Wign Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual solutions for: .01 Power service and distribution- .02 lighting .03 Telephones (Coordination with County to determine needs) .04 Fire detection and alarms AIA DOCUMENT 8163 - OWNER-ARCHTrECr AG UMMENT FOR DESIGNATED SERVICES ALA- - 01993 - THE AMMCAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.,'WASHINGTON,.D.C. 20006-5292 - WARNING: Unlicensed photocopying 16 violates U.S. copyright laws and will subject the Violator to legal prosecution. 8163-1993 .05 Security systems .06 Electronic communications .07 Special electrical systems .08 General space requirements. 11-4 .02 During the Design Development Phase consisting of continued development and expansion of electrical Schematic Design Documents and development of outline Specifications or materials lists to establish: .01 Criteria for lighting, electrical and communications systems .02 Approximate sizes and capacities of major components .03 Preliminary equipment layouts 04 Required space for equipment .05 Required chases and clearances. .03 During the Contract Documents Phase consisting of preparation of final electrical engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the electrical require- ments for the Project. .27 Civil Design/Documentation: .01 During the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for. .01 On -site utility systems .02 Fire protection systems .03 Drainage systems .01k Paving. .02 During the Design Development Phase consisting of continued development and expansion of civil Schematic Design Documents and development of outline Specifications or materials fists to establish the final scope of and preliminary details for on -site and off -site civil engineering work .03 During the Contract Documents Phase consisting of preparation of final civil engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the civil construction requirements for the Project. .28 Landscape Design/Documentation: .01 During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment and development of conceptual design solutions for land forms, lawns and plantings based on program requirements, phys- ical site characteristics, design objectives and environmental determinants .02 During the Design Development Phase consisting of continued development and expansion of landscape Schematic Design Documents and development of outline Specifications or materials lists to establish final scope and preliminary details for landscape work .03 During the Contract Documents Phase consisting of preparation of Drawings and Specifications based on approved Design Development Documents, setting forth in detail the landscape requirements for the Project. .29 Interior Design/Documentation: .01 During the Schematic Design Phase consisting of space allocation and utilization plans based oti functional relation- ships, consideration of alternate materials, systems and equipment and development of conceptual design solutions for architectural, mechanical, electrical and equipment requirements in order to establish: .01 Partition locations .02 equipment layouts AIA DOCUMENT 8163 • OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALA* • m 1993 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW Y.ORK AVENUE. N.W:, WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying 16 B163-1993 violates U.S. copyright taws and will subject the violator to legal prosecution: Lqv� 1",W .02 During the Design Development Phase consisting of continued development and expansion of interior Schematic Design Documents and development of outline Specifications or materials lists to establish Final scope and preliminary details relative to: .01 Interior construction of the Project .02 Special interior design features .04 Materials, Finishes and colors. 03 During the Contract Documents Phase consisting of preparation of Drawings, Specifications and other documents based on approved Design Development Documents, setting forth in detail the requirements for interior construction and for furniture, furnishings and equipment for the Project. .30 Special Design/Documentation, including the Preparation and Coordination of special drawings and specifications for obtaining bids or prices on .alternative subdivisions of the Work (Site and Foundation, if required) .31 Materfais Research/Specifications: .01 During the Schematic Design Phase consisting of- .01 Identification of potential architectural materials, systems and equipment and their criteria and quality standards consistent with the conceptual design .02 Investigation of availability and suitability of alternative architectural materials, systems and equipment .03 Coordination of similar activities of other disciplines. 02 During the Design Development Phase consisting of activities by in-house architectural personnel in: .01 Review of iGeneral and Supplementary Conditions of the Contract for Owner's approval .02 Development of architectural outline Specifications or itemized lists and brief form identification of significant architectural materials, systems and equipment, including their criteria and quality standards .03 Coordination of similar activities of other disciplines .04 Production of design manual including design criteria and outline Specifications or materials lists. .03 During the Contract Documents Phase consisting of activities of in-house architectural personnel in: .01 Assistance to the Owner in development and preparation of bidding and procurement information which describes the time, place and conditions of bidding, bidding forms, and the form(s) of Agreement between the Owner and Contractors) .02 Review of the conditions of the contract (general, Supplementary, and Other conditions) .03 Development and preparation of architectural Specifications describing materials, systems and equipment, work- manship, quality and performance criteria required for the construction of the Project .04 Coordination of the development of Specifications by other disciplines .05 Compilation of Project Manual including Conditions of the Contract, bidding and procurement information and Specifications. Supplemental proposal for Rocky Mountain Institute to evaluate "Green" Building alternatives to be provided._`-,-'.* ..' AIA DOCUMENT B163 - OWNER.ARCHITECT AGREE.MENP FOR DESIGNATED. SERVICES AIA• - 01993 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006.5292 - WARNING: Unlicensed photocopying 8163-1993 17 violates U.S: copyright laws and will subject the violator to legal prosecution. BIDDING OR NEGOTiATiON SERVICES .32 Bidding Materials services consisting of organizing and handling Bidding Documents for: .02 RePLOd.1dUll .03 Completeness review vim'4 Gisaib"den� cleposiff .33 Addenda services consisting of preparation and distribution of Addenda as may be required during bidding or negotiation and including supplementary Drawings, Specifications, instructions and notice(s) of changes in the bidding schedule and procedure. .34 Bidding/Negotladon services consisting of .01 Assistance to Owner in establishing list of 15idders or proposers .02 Prequalification of Bidders or proposer.- (RFP for CM/GC) .03 Participation in pre -bid conferences .04 Responses to questions from Bidders or proposers and clarifications or interpretations of the Bidding Documents .05 Attendance at bid opening(s) 86— .35 Analysis of Alternates/Substitutions consisting of consideration, analyses, comparisons, and recommendations relative to alternates or substitutions proposed by Bidders or proposers either prior or subsequent to receipt of Bids or proposals. .36 Special Bidding services consisting of. .01 Attendance at bid openings, participation in negotiations, and documentation of decisions for multiple contracts or phased Work (Site/Foundation package if required) .37 Bid Evaluation services consisting of: .01 Participation in reviews of bids or proposals (CM/GC) .02 Evaluation of bids or proposals-(CM/GC) .03 Recommendation on award of contract(s) (CM/GC) .04 Participation in -negotiations prior to or following decisions on award of the contract(s) (CM/GC) .38 Contract Award Services, consisting of a review of Construction Contract Agreement forms for approval by Owner. 18 B163-1993 AIA DOCUMENT 13163 • OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALA* • 01993 • THE AMERIC.-ION INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.C. 20006.5292 - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution- "WW-W \ftw CONTRACT ADMINISTRATION SERVICES .39 Submittal Services consisting of: .01 Processing of submittals, including receipt, review of, and appropriate action on Shop Drawings, Product Data, Samples and other submittals required by the Contract Documents .02 Distribution of submittals to Owner, Contractor and/or Architect's field representative as required .03 Maintenance of master file of submittals .04 Related communications. .40 Observation Services consisting of visits to the site at intervals appropriate to the stage of the work or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work when completed will be in accordance with Contract Documents; preparing related reports and communications. .41 Prnsisting of selection, employment and direction of: .01 Project Representative(s) whose sp =�� �,Lndmitations of authority shall be as described in the edition of AIA Document B352 current as of tc forth in anexhibit to be incorporated in this Agreement under Article 1.6. .42 Te Inspection Administration relating to independent inspection and testing agencies, consisting of: .01 Administration aTM-e9 tion of field testing required by the Contract Documents 02 Recommending scope, star es and frequency of testing and inspections .03 Arranging for testing and inspection on Owner's .04 Notifying inspection and testing agencies of status of Work requin and inspection .05 Evaluating compliance by testing and inspection agencies with required scope, stan ocedures and frequency .06 Review of reports on inspections and tests and notifications to Owner and Contractors) of o iciencies in the Work. .43 Supplemental Documentation services consisting of. .01 Preparation, reproduction and distribution of supplemental Drawings, Specifications and interpretations in response to requests for clarification by Contractor(s) or the Owner .02 Forwarding Owner's instructions and providing guidance to the Contractor(s) on the Owner's behalf relative to changed requirements and schedule revisions. .44 Quotation Requests/Change Orders consisting of: .01 Preparation, reproduction and distribution of Drawings and Specifications to describe Work to be added, deleted or modified .02 Review of proposals from Contractors) for reasonableness of quantities and costs of labor and materials .03 Review and recommendations relative to changes in time for Substantial Completion .04 Negotiations with Contractors) on Owner's behalf relative to costs of Work proposed to be added, deleted or modified .05 Assisting in the preparation of appropriate Modifications of the Contract(s) for Construction .06 Coordination of communications, approvals, notifications and record -keeping relative to changes in the Work. .45 Contract Cost Accounting services consisting of .01 Maintenance of records of payments on account of the Contract Sum and all changes thereto .02 Evaluation of Applications for Payment and certification thereof .03 Review and evaluatioq of expense data submitted by the Contractor(s) for Work performed under cost -plus -fee arrangements. AIA DOCUMENT B163 - OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALA'- C1993 - THE A,14ERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON,.D.C. 20006-5292 - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 13163-1993 19 .46 Furniture, and Equipment Installation Administration consisting of: .01 Assistance to the Owner in coor les For delivery and installation Of the Work .02 Review of final placement and inspection for damage, qu and function to determine that furniture, fur- nishings and equipment are in accordance with the requirements of the Cont ts. .47 Interpretations and Decisions consisting of: 01 Review of claims, disputes or other matters between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents 02 Rendering written decisions within a reasonable time and following the procedures set forth in the General Conditions of the Contract for Construction, AIA Document A201, current as of the date of this Agreeemenc, or the General Condi- tions of the Contract for Furniture, Furnishings and Equipment, AIA Document A271, current as of the date of this Agreement, for Resolution of Claims and disputes. .48 Project Closeout services initiated upon notice from the Contractor(s) that the Work, or a designated portion thereof which is acceptable to the Owner, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or uti- lization for the use for which it is intended, and consisting of: .01 A detailed inspection with the Owner's representative for conformity of the Work to the Contract Documents to verify the list submitted by the Contractors) of items to be completed or corrected .02 Determination of the amounts to be withheld until final completion .03 Securing and receipt of consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payments) .04 Issuance of Certificates) of Substantial Completion .05 Inspection(s) upon notice by the Contractors) that the Work is ready for final inspection and acceptance .06 Notification to Owner and Contractors) of deficiencies found in follow-up inspection(s), if any .07 Final inspection with the Owner's representative to verify final completion of the Work .08 Receipt and transmittal of warranties, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens .09 Securing and receipt of consent of surety or sureties, if any, to the making of final payment(s) .10 Issuance of final Certificates) for Payment. POST -CONTRACT SERVICES .49 Maintenance and Operational Programming services consisting of: physical plant and equipment Hance of the ith manufac- turer's representatives 03 Review of operations and maintenance manualk15) for the Owner's use. .50 ssistance consisting of- .01 On -site assista o eration of building systems during initial occupancy .02 Assistance in the training o t 's operation and maintenance personnel in proper operations, schedules and procedures .03 Administration and coordination of remedial work by the Con after final completion. .51 Record Drawing services consisting of. .01 Making arrangements for obtaining from Contractor(s) information in the form of marked -up prints, drawings and other data certified by them on changes made during performance of the Work .02 Review of general accuracy of information submitted and certified by the Contractor(s) .03 Preparation of record drawings based on certified information furnished by the Contractors) (prepare CAD as—builts ) .04 Transmittal of record drawings and general data, appropriately identified, to the Owner and others as directed. AIA DOCUMENT B163 - OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALA* - 01993 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. V.W., WASHINGTON. D.C. 20006-5292 - WARNING: Unlicensed photocopying 20 B163-1993 violates U.S. copyright laws and will subject the violator to legal prosecution. lqwpf 14� .52 Warranty Review consisting of: dequate .02 Inspection(s) prior to expiration of the warranty period(s) to ascertain adequacy of performance of materials, systems and equipment . .03 Documenting defects or deficiencies and assisting the Owner in preparing instructions to the Contractor(s) for correc. lion of noted defects. .53 ntract Evaluation consisting of a Project inspection at least one year after completion of the Work; review with appropriate ory, operating and maintenance personnel, and analysis of operating costs and related data for evaluation of: .01 The initial Project program versus actual facility use .02 The functional effectiveness of plan es and relationships 03 The operational effectiveness of systems and ma installed. ARTICLE 2.4 DESCRIPTIONS OF SUPPLEMENTAL SERVICES Si'1PPLEMENTAL SERVICES .54 Special nsisting of investigation, research and analysis of the Owner's special requirements for the Project and documentation of findin 'ons and recommendations for: .01 Master planning to provide design serve a to future facilities, systems and equipment which are not intended to be constructed as part of the Project during the Con hose .02 Providing special studies for the project such as analyzing acoustical or uirements, record retention, com- munications and security systems. .55 Tenan - ervices consisting of design and documentation services for tenants or potential tenants relating to: .01 Space planning, partition 'n locations, and furniture and equipment layouts .02 Material and color selections and coordination .03 Adaptation of mechanical, electrical and other building systems tom eeds .04 Preliminary estimate of Construction Cost. .56 Spbski Furnishings Design services relating to Architect -designed special furnishings and/or equipment incorporated into or provi for the Project and consisting of: .01 Design an ocumentation .02 Specifications o dards .03 Management of procu ent .04 Coordination of installation .05 Purchase on the Owner's behalf. .57 Fumitu , rnishings and Equipment Services re g to equipment and furnishings not incorporated into the con- struction of the t and consisting of: .01 Establishment of ne d criteria .02 Preparation of requirements, ications and bidding or purchasing procedures .03 Management of procurement .04 Coordination of delivept and installation. AIA DOCUMENT B163 • OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES AIA• • O 1993 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N-W:.-WASHINGTON. D.C.:20006-5293 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. B163-1993 21 .58 Special Disciplines Consultation, which entails retaining, directing and coordinating the work of special disciplines consultants identified from the following list and as more specifically described in Article 1.6, whose specialized training, experience and knowledge relative to specific elements and features of the Project are required for the Project: cousti .14 Elevators tors .2 Public Relations 2 Audio- .15 F Shelters .28 diation Shielding 03 Ing 1 i flad .29 R Estate .04 ode Interpretation .17 Fire Protection .30 Rep phics AS mmunirations .1 0o ervlce 31 Safety .06 C puter Technology .19 Insu .32 Sociology .07 Co to .20 Historic Prese n .33 So' ad .08 Cost timating .21 IL4=1 .34 Space Planning .09 Dem phy 2 Life Safety ,3 .10 Displa .36 T g .11 Ecology .24 emenr .37 n .12 Econorni .25 Mate Handling .38 Security (Services for specialized consultants N.I.C. at this time) .59 T Consultation, which entails retaining, directing and coordinating the work of special building type consultants whose spe Iz ence and knowledge relative to the requirements, planning and design of the Project are required for the Project. .60 F11 and Crafts services relating to acquisition of fine arcs or crafts to be a part of the Project and consisting of. .01 Consultau n selection, commissioning and/or execution .02 Design integration .03 M-maging procurement .04 Purchasing fine arts or crafts on the Own half. .61 draphic Design services consisting of .01 Design and selection of interior and exterior signs and identifying symbols (ADA and Building Code compliance) .02 Material and color selections and coordination .62 Renderings relating to graphic pictorial representations, as required by the Owner, of the proposed Project and consist. ing of: -.02 Black and white perspective view .04 Perspective view. - in color. .63 Model Construction consisting of preparation of to .02 Moderate -scale block model(s) of structures) designed for the Project ign .64 Still Photography consisting of: .01 Documentation of existing conditions Ir .j.jijLIJijfff to tile P&Wjeet 22 B 163-1993 AIA DOCUMENT 13163 • OWNER -ARCHITECT. AGREEMENT FOR DESIGNATED SERVICES ALA• • 01993 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW yORK AVENUE. N.W.. WASHINGTON. D.C. 20006-5292 . WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I -Awl/ �Qww .06 Construction progress photography .65 Motion Picture an f gromotional or explanatory presentations of the Project during the design and/or construction phases. .66 Cost Analysis consisting of assessment, on the basis of established relevant economic consequences over a given time peri , .01 A given planning and design soluao ect .02 Alternative planning and design solutions for the Projec .03 Selected systems, subsystems or building components proposed for the .67 Value Analysis consisting of the review during design phases of the cost, quality and time influences of proposed building materials, systems and construction methods relative to design objectives in order to identify options for obtaining value for the Owner. . .68 Ene. gy Studies consisting aF speciai analyses eF meehanieeA syseeme, fuel eeeisrea 6-Ge @a@ 'Qn-=d energy con- 3on .69 `0wFXibt Surveys consisting of. O1 A detailed determin uantities of materials to be used in the Project to establish the basis for price determi- nation by bidding or negotiations 02 Making investigations, inventories of materials or furniture, and�equi�p�ment, or valuations and detailed appraisals of existing facilities, furniture, furnishings and equipment, and the rethereof. .70 Detailed Cost Estimating services consisting of: 01 Development, when the Contract Documents are approximately 30% complete, of a Detailed Estimate of the Cost of the Work based on quantity take -offs and unit -cost pricing of materials, labor, tools, equipment and services required for the Work plus estimates for the Contractor's supervision cost, Work re?CM/136) uired by General and Supplementary Condi- tions, and an allowance for reasonable Contractor's overhead and profit; 42 onunuo documentation, of an Estimate of the Cost of the Work for the purpose of greater cost control, culminating in a Detailed Estimate Ot the os tity sur- veys or inventories of material, equipment and labor. .71 Envoi i"ePWJJAaWJgrinq services consisting of. .01 Monitoring of air, water and other designat, preparation of related analyses and reports. to establish existing conditions, and the .72 n to serve and/or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. .7 terlals and Systems Testing relating to testing of components of the completed Project for conformance with Contract requl IS and consisting of .01 Establish of requirements .02 Procurement of t services 03 Monitoring testing .04 Review, analysis and reporting of tes Its. AIA DOCUMENT 13163 • OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES ALA* - 101993 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, A.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. Ell 63-1993 23 .74 Demoll I es consisting of: .01 Preparation of Contract o for demolition of existing structures .02 Managing the bidding/negotiation/award pI .03 Providing field observation and general administration services olition. .75 Mo Services relating to the construction of full-size details of components of the Project for study and testing during the design p and consisting of .01 Design and docu lion for the required mock-up(s) .02 Management and coordinan ricing and contracting for mock-up services .03 Construction administration of moc - ristruction activities .04 Arrangements for testing and monitoring perfo a of mock-up(s) .05 Administration of testing and monitoring services .06 Review, analysis and reporting of results of testing and monitoring se .76 dination of Designated Services with those of non -design professionals, such as economists, sociologists, actOmevs and acc cants, consiting of: .01 Preparatio economic studies .02 Condominium entation .03 Sociological impact stu .77 FiV ishings and Equipment Purchasing/installation, consisting of: .01 Purchasing furniture, a uipment on behalf of the Owner with funds provided by the Owner .02 Receipt, inspection and acceptance on beh or furniture, furnishings and equipment at the time of their delivery to the premises and installation .03 Providing services including travel for the purpose of evaluating materials, furniture, fumi ut ment pro- posed for the Project. .78 Obmput A plieations consisting of computer program development and/or computer program search and acquisition, plus on-line com ha es, for: .01 Programming tailed Project scheduling .10 Mechanical analysis and design .02 Economic feasibility .07 Market an .11 Electrical analysis and design .03 Financial analysis .08 Architectural analysis and design oduction of Drawings .04 Site analysis .09 Structural analysis and design .13 Constructio unting .05 Construction cost estimating .79 Prol omotion/Public Relations relating to presentation of the Project to the public or identified groups and consist- ing of: .01 Preparation of press es .02 Preparation of special brochure or promotional pieces 03 Assistance in production and distribution motional materials .04 Presentations at public relations and/or promo S. .80 n Brochures, including preparation of special materials to assist the Owner in leasing the Project and consisting of: .01 Design .02 Preparation of illustrations an .03 Arranging for and managing production. .81. Pre-C ement, consisting of. 01 Evaluating feasibility of Owner's program, sc et For the Work, each in terms of the other .02 Preparing, updating and monitoring Detailed Project Schedule, inclu ing es-aucl, ontract Work, identifying, critical and long -lead items AIA DOCUMENT 8163 • OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES -A A• - 01993 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. \.W., WASHINGTON, D.C. 20006-5292 - WARNING: Unlicensed photocopying 24 B163-1993 violates U.S. copyright laws and will subject the violator to legal prosecution. .03 ing, updating and monitoring Detailed Estimates of the Cost Of the Work prior co completion of each design phase .04 Assisting the Owner i cting, retaining and coordinating the professional services of surveyors, testing labs and other special consultants as des .05 Assisting the Owner in evaluating relative of methods of executing the Work, methods of project delivery, availability of materials and labor, time requirements urement, installation and delivery, and utilization of the site for mobilization and staging .06 Assisting the Owner in determining the method of contracting for the uating single versus multiple con- tracts; advising on categories of separate contracts and provisions for coordinating res . flities. .82 Ln services, consisting of: .01 Developing Bidders' inter t and establishing bidding schedules .02 Receiving and analyzing bids and providing recomm �tewner's acceptanc�®r ejection of bids 03 Advising the Owner on acceptance of Contractors .04 Conducting pre -award conferences. .83 Ex n d Contract Administration/Management, consisting of. .01 Assisting er in obtaining building permits 02 Updating and mon actual costs against estimates of final cost; assisting Owner in monitoring cash flow .03 Providing a detailed sch u owing time periods for each Contractor, including long -lead items and Owner's occu- pancy requirements; updating an onng periodically; recommending corrective action when required .04 Endeavoring to achieve satisfactory perform f Contractors through development and implementation of a quality control program; assisting Owner in determining coNAaQce with schedule, cost and Contract Documents 05 Scheduling and conducting periodic project meetings with the er, Contractor and Subcontractors .06 Assisting Owner in maintaining cost accounting records .07 Maintaining a daily log including conditions at site and job progress, periodically acing percentage of completion of each contract .08 Assisting the Owner in coordinating and scheduling activities of the separate Contractors. .09 Maintaining and periodically updating a record of all significant changes made during construction; main ing record copies of Contract Documents; maintaining samples and lay -out drawings at the job site. y DOCUMENT 8163 OWNER -ARCHITECT AGREEMENT FOR DESIGNATED SERVICES AIA'- 01993 • THE &MERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 2o006-5292 • WARNING: Unlicensed photocopying L violates U.S. copyright laws and will subject the violator to legal prosecution. B163-1 g93 25 L 1. 2. DISTRIBUTION Originals tO: Cgntract Book Cy 3. ' 1. 2. Copies to: Accounting 3. 4.