HomeMy WebLinkAboutC98-273 David Lloyd Koenick, AIA, dba Sopris Architecture16 - �
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AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES
FOR
EAGLE COUNTY OFFICES TENANT FINISH
DESIGN CRITERIA PACKAGE
This Agreement Regarding Provision of Professional Services dated effective as of July
8, 1998, is between the County of Eagle, State of Colorado, a body corporate and politic, by and
through its Board of County Commissioners ("County"), and David Lloyd Koenck, AIA, dba Sopris
Architecture C Architect`).
A. County plans to construct tenant improvements in its leased offices located at 218 Cody
Lane, Basalt, CO. County wants professional assistance in preparing a design criteria
package on which basis the project can be put out for bid or negotiated from competitive
proposals and certain construction administration.
B. Architect is a registered architect authorized to act as such in the State of Colorado.
C. Architect has submitted to County a Proposal for performing the Work dated July 6, 1998
(" Proposal'I and represented that he has the expertise and personnel necessary to properly
and timely perform the Work.
D. Architect and County intend by this Agreement to set forth the Scope of the responsibilities of
Architect in connection with the Work and related terms and conditions to govern the
relationship between Architect and County in connection with the Work.
AGREEMENT
Therefore, for good and valuable consideration, including the promises set forth herein, the
parties agree to the following:
1. Scope of the Work: Architect's Work consists of those services performed by Architect,
Architect's Employees and Architect's consultants. Architect shall provide all labor,
materials and equipment necessary to perform and complete the work described herein
and in page 1 of the Proposal, which is attached hereto and incorporated herein ("Work"),
consisting of Plans as Built/Field Measurement; Planning and Design; Construction
Documentation; Bidding and Negotiation; and, if elected by County, Construction
Administration. The Work shall comply with all applicable laws and regulations including,
but not limited to, Americans With Disabilities Act and local building codes. The Work
shall,comply with the Americans With Disabilities Act and applicable building codes.
a) County may in its sole discretion elect to include Construction Administration
within Architect's scope of Work. If County elects to do so, it must notify Architect
in wriaing of that election before the beginning of construction.
b) 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.
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c) The Parties hereto recognize that the scope of the Work may change. When
Architect 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,
Architect shall immediately advise County of such belief and shall also provide a
statement of the maximum additional charges for such work. Architect 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.
d) County acknowledge's its responsibility to provide Architect with all information
needed to perform the Work such as user information and space use, access to
space, necessary engineering, and existing documents.
2. Architect's Professional Level of Care: Architect 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 correct, at its
sole expense, all significant errors and omissions therein. The fact that the County has
accepted or approved Architect's work shall not relieve Architect of any of its
responsibilities. Architect and its professional consultants shall perform the Work in a
skillful, professional and competent manner and in accordance with the standards of
care, skill and diligence applicable to architects and engineers, as the case may be, with
respect to similar work.
3. Time of Performance and Termination:
a) Architect shall commence the Work July 8, 1998 and shall complete the Work (up
through completion of Construction Documentation) by August 31, 1998, provided
that Architect timely receives requested (in writing) information and approvals
from County, and further provided that completion dates for any one or more of
the tasks identified in the Proposal may be extended by the County at its sole
discretion.
b) County may terminate this Agreement, in whole or in part, for its convenience
upon providing notice to Architect. 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 satisfactorily completed, provided that, at its sole option, County may
require that Architect complete particular portions of the Work on a time and
reimbursable expenses basis consistent with paragraph 4 hereof. Upon
termination Architect shall deliver to County all drawings, illustrations, text, data
and other documents entirely or partially completed, together with all material
supplied to Architect by County. Payment will be due within thirty (30) days after
Architect has delivered the last of the partially completed documents, together
with any records that may be required to determine the amount due.
c) Architect may terminate this Agreement upon providing notice to County. Upon
such a termination, County shall be liable only for Work satisfactorily completed
prior to the notice. Upon termination Architect shall deliver to County all drawings,
illustrations, text, data and other documents entirely or partially completed,
together with all material supplied to Architect by County. Payment will be due
within thirty (30) days after Architect has delivered the last of the partially
GABOBWMTEMPHOMBASALT.ARC 2
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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 Architect for any Work
done after December 31, 1998, without the written approval of the County in
accordance with a budget adopted by th,; 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.).
4. Compensation and Payment: In consideration of its performance of the Work, Architect
shall be paid for professional time and reimbursable expenses actually and directly spent
on or incurred in performing the Work, provided that the total payment for for the Work
shall not exceed $16,300.00, or $19,500.00 if County elects to include Construction
Administration within the scope of Work. Payment shall be made in accordance with the
following:
a) Professional fees will be billed at $60 per hour. Architect 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 by
task, and shall describe the Work performed, including the percentage of
completion Architect contends was accomplished during the month, and expenses
incurred. Upon request, Architect shall provide County with such other supporting
information as County may request.
b) One. Hundred percent (100%) of the professional fees and reimbursable expenses
shall be due and payable within thirty (30) days after submittal by Architect
together with submission of any required clarification and documentation.
c) For the purposes of this Agreement, the tern "reimbursable costs" shall include
only actual out-of-pocket expenses incurred by Architect and his Consultants in
connection with the Work. Reimbursable costs shall not include -travel within the
Basalt and Roaring Fork Valley area. Reimbursable costs will include telephone,
blueprint/plan printing (sufficient copies as directed by County for bid package
preparation and distribution, County use, building inspection use, and the General
Contractors use), fax and photo -reproduction costs. Architect estimates that
reimbursable costs (assuming 10 sets of final plans and specifications) will not
exceed $1000.00 and will notify County before incurring expenses in excess of
that amount.
d) Architect 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.
5. Project Management: David Lloyd Koenck shall be designated as Architect's Project
Manager for the Work. Janet Renzelman shall be County's manager responsible for this
Agreement. All correspondence between the parties hereto regarding this project shall
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be between and among the project managers. Either party may designate a different
project manager by notice in writing.
6. 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. Architect shall be, and shall perform as, an
independent contractor. No agent, subcontractor, employee, or servant of Architect shall
be, or shall be deemed to be, the employee, agent or servant of County, Architect shall
be solely and entirely responsible for its acts and for the acts of Architect's agents,
employees, servants and subcontractors during the performance of this Agreement.
7, Personnel: Architect understands and hereby acknowledges that County is relying
primarily upon the expertise and personal abilities of David Lloyd Koenck. The County
understands and accepts that Architect will subcontract certain architectural services to
Dick Hampleman, a licensed architect in Colorado, and engineering service to a Colorado
registered professional engineer, Grand Valley Engineers. This Agreement is conditioned
upon the continuing direct personal involvement of these persons in the Work.
Contractor may not subcontract or delegate any part of the Work or substitute
subcontractors without County's written consent, which consent County may exercise in
its sole discretion. The final plans to be provided by Contractor shall be completely
reviewed by Architect.
8. Ownership of Documents: County acknowledges that Architect's plans and specifications
are instruments of professional service. However, the plans and specifications and all
other documents (regardless of form) prepared under this Agreement shall become
property of County upon completion of the Work and payment in full of all moneys due to
Architect. Architect shall be permitted to retain copies of all such plans, specifications
and other documents, but agrees not to use them (except for normal industry approaches
and standard details which are incidentally used in this Project) for any other project.
County agrees it will not use the plans, specifications and other documents for any other
project or purpose other than for the project described in this Agreement (including
maintenance, reconstruction, expansion and remodeling); and agrees to hold harmless
and, to the extent allowed by law, indemnify Architect against all damages, claims and
losses, including defense costs, which arise out of any other use by County of the plans
and specifications without the written authorization of Architect.
9. No Assignment: The parties to the Agreement recognize that the services to be provided
pursuant to this Agreement are professional in nature and that in entering into the
Agreement County is relying upon the personal services and reputation of David Uoyd
Koenck, AIA. Therefore, neither Architect nor its approved subcontractors may assign its
interest in the Agreement or in their subcontract, including the assignment of any rights or
delegation of any obligations provided therein, without the prior written consent of County,
which consent- County may withhold in its sole discretion. Except as so provided, this
Agreement shall be binding on and inure to the benefit of the parties hereto, and their
respective successors and assigns, and shall not be deemed to be for the benefit of or
enforceable by any third party. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the ass ignor from any
duty or responsibility under the Agreement.
10. Insurance: At all times during the term of this Agreement, Contractor shall maintain the
following insurance:
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b) Professional Liability
c) Workers' Compensation
Coverage Limits
$100,000 minimum
As required by Colorado law
c) All insurance! equired hereby shall be issued by an insurance company Gr
companies authorized to do business in the State of Colorado Architect shall
deliver certificates of required insurance to the County before commencing the
Work.
d) Before permitting any subcontractor to perform any work under this Agreement,
Architect shall either (1) require each of his subcontractor to procure and
maintain, during the life of his subcontracts, 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.
11. 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 attomey's fees, arising from claims of any nature whatsoever made by any
person in connection with the acts or omissions, 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, Architect acknowledges that County is relying on, and
does not waive or intend to waive, the monetary limitations, or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S
§24-10-101 of 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.
a) Inasmuch as the remodeling and/or rehabilitation of an existing building requires
that certain assumptions be made regarding existing conditions, and because
some of these assumptions may not be verifiable without expending additional
sums of money, or destroying otherwise adequate or serviceable portions of the
building, County agrees that, except for negligence on the part of Architect, it will
hold Architect harmless from claims arising from unidentifiable existing conditions.
b) • Nothing in this Agreement shall impose liability on Architect for claims, lawsuits,
expenses or damages arising from, or in any manner related to the exposure to,
or the handling, manufacture or disposal of asbestos, asbestos products, or
hazardous waste in any way of its various forms, as defined by the Environmental
Protection Agency. It is understood and agreed that this Agreement does not
contemplate handling of, or design including use of, asbestos or any hazardous
waste materials.
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c) County agrees that Architect's liability for breach of its duties under this
Agreement shall not exceed the amount of its compensation under the
Agreement.
13. Conflicts Of Interest: Architect and its approved subcontractors acknowledge that they
are disqualified from bidding or participating as a contractor or subcontractor for construction of
the project.
13. Notices: 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) Architect: David Uoyd Koenck, AIA
Sopris Architects
P.O. Box 1597
Basalt, CO 81621
Tel 970-963-5690
Fax same
b) County: Eagle County Attorney
PO Box 850
Eagle, CO 81631
Fax 970-328-5219
c) 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.
d) This Agreement is managed by the Eagle County Buildings & Grounds
Department, P.O. Box 850, Eagle, CO. 81631, tel 970-328-8700, fax 970-328-
7720. Day-to-day issues and communications, not requiring formal, contractual
notice, should be directed to that department._
14. Miscellaneous:
a) Architect 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. Architect 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.
c) This Agreement does not and shall not be deerr ad 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
�._ COUNTY OF EAGLE, STATE OF
a` COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ov Av.
Clerk to the B and of - a s E. Jo hair an
County Commissioners
DAVID LLOYK KOENCK, AIA, dba SOPRIS
ARCHITECTS
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Decor as i ve_tlas �r i a, l s 3037220519
$—oppm ARCHITECTURE
Ian ar"=aor am
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July 6, 1999
Kelly Jo Wallace
Project Coordinator
Eaglo County Building
590 Broadway
Eagle, Colorado 91631-0350
Re: Proposal LetterlLetter of Intent
Kelly Jo - It was nice meeting you at the Integrity Plumbing building last Wednesday. Thank you for considering
SoPris Architecture far your tenant finish for the 4aglo County Ilcalth and human Service offices. We are very
excited about working with you
This Is a rough outline/overview, of our thoughts and shall be used as an initial contract. We would pro
that the services be broken generally UP into four phases. that consist of Moasure-uppose
, Planning and Depose
Documentation and Execution or Construction_ An outline with the dollar amouattached for each
phase. nts l
Plans as Rmit"ieid Mcasosement: SA will provide meas"UP or•the existing facility, to a level that provides
sufficient inforaattion for the dovelopmmt of the Design and for Construction DocumontxGon. Measure -up would
be waductcdal the site. thmug}rmeasuring each ofthe existing spacc(s)• Thesemeastaemcnts would than f>c drawn
into our computer system for backgrounds Cor the use during I)csign and (Or Co a urcrac f)ocum dhoti a
Planning and Design SA will provide interview meeting($) in which an overall program Plan will be developed
and put into writing We would work with you and your stair to develop Iwo schemes for year presentation to the
user and staff. Perhaps one Scheme that is similar to ono of the schemes that you have developed and one that
allows for separation of the Hunan Services and Other lj=r Spaces as discussed with you the other day. One of
these schemes if approved would them be fully developed to provide Floor Plaun. Interior Elevations, Casework
Elevations: Rcnected Ceiling Plans, Outline pinisbes and Outline Spcei(ications.
Construction Documentation: After the Design I)Tawings arc approved SA uould further develop the Drawings
with appropriato and su!&eimt detail for construction and for tho purposes of bidding the Projcel to your General
Contractor and his Subcontractors Spceiricalions for the project would also ho lrovithedcd r this time
P.01
Bidding and Negotiation: Generally, this phase would be hendlcd by tho Owner and his Contractor with SA
working an an IIourly Dasis as questions arise.
M, Is Contraction Admirthtrationt SA winprovide too t
{,
other CA services if required wdl be provided on an hmaty h2xiL trons vtsztt Shop Drawing i2cvrca and all
E
Architect's Services and Resppngbiiities: Provide the Owner with A_chitcctual Services as outlined above. 1"I
Mechanical and b lecttical Fugincering will be provided by the Architut through Errginecrs hired by the Architect.
Civil and Structural Engineering are not included. The Arehitccl will work with the Engineers as a,,c=ry 10
provide coordination between the WE doe®mta.
AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES
FOR
EAGLE COUNTY OFFICES TENANT FINISH
DESIGN CRITERIA PACKAGE
This Agreement Regarding Provision of Professional Services dated effective as of July
8, 1998, is between the County of Eagle, State of Colorado, a body corporate and politic, by and
through its Board of County Commissioners ("County"), and David Lloyd Koenck, AIA, dba Sopris
Architecture ("Architect').
A. County plans to construct tenant improvements in its leased offices located at 218 Cody
Lane, Basalt, CO. County wants professional assistance in preparing a design criteria
package on which basis the project can be put out for bid or negotiated from competitive
proposals and certain construction administration.
B. Architect is a registered architect authorized to act as such in the State of Colorado.
C. Architect has submitted to County a Proposal for performing the Work dated July 6, 1998
("Proposal`) and represented that he has the expertise and personnel necessary to properly
and timely perform the Work.
D. Architect and County intend by this Agreement to set forth the Scope of the responsibilities of
Architect in connection with the Work and related terms and conditions to govern the
relationship between Architect and County in connection with the Work.
AGREEMENT
Therefore, for good and valuable consideration, including the promises set forth herein, the
parties agree to the following:
1. Scope of the Work: Architect's Work consists of those services performed by Architect,
Architect's Employees and Architect's consultants. Architect shall provide all labor,
materials and equipment necessary to perform and complete the work described herein
and in page 1 of the Proposal, which is attached hereto and incorporated herein ("Work'),
consisting of Plans as Built/Field Measurement; Planning and Design; Construction
Documentation; Bidding and Negotiation; and, if elected by County, Construction
Administration. The Work shall comply with all applicable laws and regulations including,
but not limited to, Americans With Disabilities Act and local building codes. The Work
shalt ,comply with the Americans With Disabilities Act and applicable building codes.
a) County may in its sole discretion elect to include Construction Administration
within Architect's scope of Work. If County elects to do so, it must notify Architect
in writing of that election before the beginning of construction.
b) 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.
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AQ RDTM C E RT I i ,T O F L1 E I L 1 N S I C P EQ RP < DATE (MM/DD/W}
:..:..:.
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00
PRODUCER THIS CERTIFICATE IS Ib.;,JED AS A MATTER OF INFORMATION
Neil-Garing Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
817 Colorado Ave Suite #201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O Box 1576 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Glenwood Springs CO 81602-1576 COMPANIES AFFORDING COVERAGE
Rhonda J Palmer COMPANY
Phone No. 970-945-9111 Fax No. A Fireman's Fund Insurance Co
INSURED COMPANY
B Victor O Schinnerer
Sopris Architecture COMPANY
David Koenck, AIA C
1579 Gateway Road COMPANY
Snowmass CO 81654 D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II TYPE OF INSURANCE I POLICY NUMBER EXPIRATIONPOLICY EFFECTIVE POLICY LIMITS
LTR
CO I OATS (MM/DD/YY) I GATE UD (MND/YY) I I
GENERAL LIABILITY
GENERAL AGGREGATE
$ 2 , 000 , 000
A
X COMMERCIAL GENERAL UABILITY
BINDER
0 7/ 31 / 9 8
0 7/ 31 / 9 9
PRODUCTS - COMP/OP AGG
$ 2, 0 0 0, 0 0 0
CLAIMS MADE FX] OCCUR
PERSONAL & ADV INJURY
$ 1, 000 , 000
EACH OCCURRENCE
$ 1, 000 , 000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
$ 10 0 , 0 0 0
riMED
EXP (Any one person)
$ 5 , 0 0 0
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE 1 $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE
$
$
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
THE PROPRIETOR/ INCL
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL
ORY L LIMITS OER-
` "' `" ` ``'
EL EACH ACCIDENT
$
EL DISEASE - POLICY LIMIT
$
EL DISEASE - EA EMPLOYEE
$
B
OTHER
Professional Liab
BINDER
07/31/98
07/31/99
Per Claim $100,000
Aggregate $300,000
DESCRIPTION OF OPERAMONSILOCATIONSNEHICLES/SPECIAL ITEMS
Fax: 970-328-7720
Eagle County
Attn:-:....Janet Benzelman
PO Box 850,
Eagle CO81631•
EAGLECO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
-OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AU bI I !ED REPRE�fIVE
A
O : 'LDHIS to:
1. Contract Book
2.
13.
4.
Conies to:
1. Accounting
2. _.�._
