HomeMy WebLinkAbout25 - W. C. Muchow - architectAGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
W. C. MUCHOW AND PARTNERS INC. AND
WALKER MCGOUGH FOLTZ LYERLA, P.S.
EAGLE COUNTY JUSTICE CENTER - ARCHITECT
THIS AGREEMENT is made thise� day of
1983, by and between the County of Eagle, State of Colorado,
by and through its Board of County Commissioners, hereinafter
referred to as the "County ", and W. C. Muchow and Partners
Inc. and Walker McGough Foltz Lyerla, P.S., a joint venture,
hereinafter referred to as "Architect."
WITNESSETH, it is the intention of the Owner to undertake
the planning and construction of the Eagle County Justice
Center, hereinafter referred to as the "Project." The
Project is located on approximately 10 acres in the corporate
limits of the Town of Eagle, State of Colorado, and more
particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
NOW, THEREFORE, the Owner and the Architect, for the
considerations hereinafter set forth, agree as follows:
ARTICLE 1. SCOPE OF PROJECT
The Proposed Scope of the Project consists of
Phase I of the Project as identified and set
forth in the Project Planning Documents entitled
"Eagle County, Colorado, Criminal Justice
Center, Needs Assessment and Building Program,"
prepared by the Citizens' Criminal Justice
Advisory Committee and Gerstenberger Associates,
Boulder, Colorado, dated September, 1981,
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revised January, 1982, and the "Schematic Design
Program /Eagle County Criminal Justice Center,"
prepared by the Architect and dated October 11,
1982, hereinafter referred to as the "Project
Planning Documents." The Project Planning
Documents are by reference hereto made a part of
this Agreement the same as if fully written
herein. In the event of any conflict,
inconsistency, or incongruity between the
provisions of the aforementioned Project
Planning Documents, the provisions contained in
the Schematic Design Program shall in all
respects govern and control.
ARTICLE 2. OTHER DOCUMENTS AFFECTING THIS AGREEMENT
Other documents affecting this Agreement is the
1976 Edition of AIA Document A201, General
Conditions of the Contract for Construction, as
amended, and specifically made a part of that
certain Agreement between the County of Eagle,
State of Colorado, and Kyburz Construction,
Inc., re: Eagle County Justice Center,
Construction Management Services, dated June 30,
1983. A copy of this document when prepared
shall be attached to this Agreement and made a
part hereof by reference.
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION
3.1 The Project Planning Documents include the
design schedule required to complete the Project
at the earliest date consistent with good
workmanship and the efficient conduct of the
Project.
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3,2 The Architect acknowledges that time is of the
essence and, in this respect, agrees to pursue
its work with diligence and assiduity through
the various Design Phases, and to submit
required documents for review in sufficient time
to meet the intended starting and completion
date of construction.
3.3 In addition to the design schedule referred to
in Paragraph 3.1, the Architect agrees to
provide the following architectural services
within the target dates specified hereinbelow
consistent with the Project Planning Documents;
allowing consideration for unforeseen or
unavoidable delays which upon occurrence will be
documented to the Owner:
Bid Package #1: Overlot grading
Bid Package #2: Caissons
Bid Package #3: Grade Beams, Basement
Structual Floor
Bid Package #4:
Bid Package #5:
Bid Package #6:
ARTICLE 4. FEES
Mechanical
Electrical
Final Drawings
August 15, 1983
August 29, 1983
October 11, 1983
October 25, 1983
November 15, 1983
December 15, 1983
4.1 The Owner shall compensate the Architect for the
Schematic Design Phase performed in accord with the
Terms and Conditions of this Agreement on an hourly
basis with time charged at a multiple of 2.5 times
the Direct Personnel Expense as defined in Article
10 hereinbelow. Upon completion of the Schematic
Design Phase set forth in Paragraph 5.3 hereinbelow,
the Owner shall compensate the Architect for the
remaining Phases of the Work performed in accord
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with the Terms and Conditions of this Agreement,
i.e. Design Development Phase, Construction Document
Phase, Construction Phase and Final Report, a flat
fixed fee in the total amount of $294,000.00.
4.2 Subject to Paragraph 4.5 hereinbelow, upon
submission of monthly progress payment invoices
detailing work performed, and the approval of the
Owner, payments on account of the Architect's
Services performed hereunder shall become due and
payable within 30 days. In no case shall the
compensation for the Design Development,
Construction Document, Construction and Final Report
Services exceed the following cumulative percentages
of the established flat fixed fee in the amount of
$294,000.00 for completion of the Phases of the Work
as indicated hereinafter:
% of Design Develop-
ment, Construction
PHASE Document, Construc-
tion, and Final Report
Fee/Cumulative
a. Upon approval of Design
Development Plan ................. 30%
b. Upon approval of Construction
Document Phase ................... 70%
C. During the Construction Phase,
monthly in proportion to the
progress of the work, up to and
including final inspection and
acceptance ....................... 95%
d. Upon the submission of Record
Drawings and Final Report........ 100%
4.3 Payments for Additional Services of the
Architect as defined in Article 6 and for
Reimbursable Expenses as defined in Article 11
shall be made at the time of the monthly
payments.
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4.4 No deductions shall be made from the Architect's
Compensation on account of penalty, liquidated
damages, or other sums withheld from payments to
the Contractor and /or Subcontractors.
4.5 The Architect acknowledges and is hereby given
notice that financial obligations of the Owner
payable after the current fiscal year and all
fiscal years thereafter are contingent upon
funds for this Agreement being appropriated,
budgeted and otherwise made available.
ARTICLE 5. BASIC SERVICES
5.1 The Architect shall provide professional
services for the Project in accord with Articles
5.1 through 5.17, inclusive, and the Terms and
Conditions of this Agreement and the other
documents affecting this Agreement (Article 2).
5.2 The Architect hereby designates the following
representative who shall be authorized to act in
the Architect's behalf in rendering decisions
pertaining to the Architect's work pursuant to
the terms and conditions of this Agreement, in
order to avoid unreasonable delay in the
progress of Architect's work:
Name: J. Michael Jacoby
Address: W. C. Muchow and Partners Inc.
1725 Blake Street
Denver, Colorado 80202
Telephone: 303 - 295 -1805
5.3 SCHEMATIC DESIGN
The Architect shall prepare and submit for
approval by the Owner, Schematic Design Studies
based on the scope of work identified in the
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Project Planning Documents, leading to a
recommended solution, together with a general
description of the project. These studies shall
include:
(a) Budgetary Cost Model, to be used as a
master budget control, in the same format
as shown in the Project Planning
Documents.
(b) A preliminary estimate of construction
costs compared with the Budgetary Cost
Model.
(c) Building areas, net and gross, from
schematic floor plans compared with
approved areas and Court approved
standards, in tabular form and on floor
plans, gross building volume.
(d) Current design and construction schedules.
(e) A value analysis of the siting of proposed
design.
(f) A value analysis of all site improvements
and utility services for the proposed
design.
(g) Single line drawings to include at least:
site plan; floor plan; elevations;
building sections; outline of functional
areas and their size within the building;
preliminary layouts of critical equipment
and furniture.
(h) Reasonable necessary renderings, models,
or perspective drawings to fully portray
the Project.
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5.4 DESIGN DEVELOPMENT PHASE
The Architect shall prepare from the approved
Schematic Design Studies, for approval by the
Owner, the Design Development Documents which
shall include:
(a) Building areas, net and gross, from floor
plans compared with approved areas and
Court approved standards, in tabular form
and on floor plans, gross building volume.
(b) A value analysis of proposed building
materials including unit costs,
availability and life -cycle costs.
Life -cycle costing shall be considered an
additional expense.
(c) An analysis of major building systems
including unit costs, availability,
life -cycle costs, if requested, and yearly
energy efficiencies. Life -cycle costing
shall be considered an additional expense.
(d) Analysis of the structure as it relates to
the Uniform Building Code and other
pertinent regulations.
(e) Current design and construction schedule.
(f) Scale dimensioned drawings in sufficient
detail to describe site plan, floor plans,
elevations, building sections, typical
wall sections, outline room finish
schedule, equipment and furniture layouts,
structural, mechanical and electrical
systems.
(g) Outline specifications delineating all the
components of the project and their
important characteristics.
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5.5 CONSTRUCTION DOCUMENT PHASE
The Architect shall prepare from the approved
Schematic and /or Design Development Documents,
working drawings and specifications setting
forth in detail and prescribing the work to be
done and the materials, workmanship, finishes,
and equipment required for the engineering,
architectural, structural, mechanical,
electrical, and site work, and for
service - connected equipment; and assemble the
necessary bidding information, proposal and
contract forms, and conditions of the contract
for approval by the Owner. These Construction
Documents, when submitted for approval, shall
include:
(a) Complete architectural, structural,
mechanical and electrical design
drawings. These drawings shall be on
mylar or any equally durable and
reproducible material. The title sheet of
the project shall reflect an accurate
take -off of:
(1) Gross square footage
(2) Gross building volume
(3) Net assignable square footage
This take -off shall be made in accordance
with definitions published by the Office
of State Planning and Budgeting, which
definitions are by reference hereto made a
part of this Agreement the same as if
fully written herein. These original
drawings shall each bear the seal and
signature of the Architect and appropriate
responsible professional Engineering
Consultants.
(b) Complete Bidding Documents, Architectural,
Structural, Mechanical and Electrical
Specifications. The format for these
technical specifications shall be a
modified version of "The CSI Format for
Construction Specifications" published by
the Construction Specifications Institute.
(c) Design data forming the basis for drawings
and specifications.
(d) The Architect shall furnish a reasonable
number of the Construction Documents, as a
reimbursable cost.
(e) Construction Schedule compared with master
schedule.
(f) Detailed inventory of movable equipment,
by room, and specified as to whether it is
to be purchased and /or moved, with cost
estimates. This service shall be provided
as an additional service.
5.6 The Architect shall submit to the Owner a
further estimate of Construction Cost as
provided by the Construction Manager, and as
indicated by fully developed requirements and
current market conditions and compared with the
Cost Model.
5.7 The Architect shall assist the Owner in filing
the required documents for the approval of
governmental authorities having jurisdiction
over the Project.
5.8 In the event that bids, and /or estimates, and
design fees exceed the Total Project Cost of
this Agreement, then the provisions of Article
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8 hereof, "Limitations of Project Cost," shall
apply.
5.9 The Architect shall provide such assistance in
obtaining bids, evaluating, or negotiating
proposals and in awarding and preparing
construction contracts as the Owner may request.
5.10 CONSTRUCTION PHASE
The Construction Phase will commence with the
award of the initial Construction Subcontract or
purchase order.
5.11 The Architect's responsibilities during the
Construction Phase shall be set forth
hereinafter. The Architect's responsibilities
shall include the following:
(a) Attend a regular schedule of periodic
meetings as required by the status of the
work and as established by the Owner and
Contractor. Such periodic meetings shall
be maintained throughout the entire
construction period and shall be for the
primary purpose of assessing the progress
of the work and taking such remedial
actions as are necessary to assure
required progress and completion within
the contract time.
(b) Process and review shop drawings and other
required submissions of the Contractor and
Subcontractors promptly.
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(c) Prepare change orders as required, and
have such change orders properly executed
and approved before allowing work on
account thereof.
(d) Process Contractor's applications for
payment promptly for authorized work and
issue requests for payment.
(e) Observe all bearing surfaces of
excavations before concrete is poured.
(f) Observe all reinforcing steel after
installation and before concrete is
poured.
(g) Observe pouring of structural concrete.
(h) Evaluate laboratory reports on all
concrete.
(i) Observe all structural steel during and
after erection and prior to its being
covered or enclosed.
(j) Observe all mechanical work following its
installation and prior to its being
covered or enclosed.
(k) Observe all electrical work following its
installation and prior to its being
covered or enclosed.
(1) Provide general administration of the
performance of the Construction
Subcontracts, including liaison and
observation of the work to insure
substantial compliance with plans and
specifications, which observation shall be
by qualified and mutually agreed upon
representatives of the Architect's firm.
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(m) Require all consultants participating in
the design of the project, and as named in
Article 15 of this contract, to provide
liaison and observation services with
respect to their portions of the design as
indicated in (1) above.
(n) Schedule and conduct final review of each
construction phase and of the project,
coordinating the date for such inspection
with the Owner.
(o) Assemble written guarantees, affidavits,
manuals of instruction for operation, and
other required and closing papers of the
contractors, issue AIA certificates of
final completion, final AIA request and
certificates for payments, and set date
for beginning of the guarantee period,
forwarding all closing papers to the Owner
in duplicate.
(p) Serve the Owner as described in this
Agreement, and within the limits and
conditions of this Agreement, guarding the
Owner against defects and unsatisfactory
workmanship, but not guaranteeing
performance of the Construction
Subcontractors. If, in the opinion of the
Architect, the work is not being carried
out in a sound, efficient and skillful
manner, the Architect may temporarily
suspend the work in accordance with the
1976 Edition of the AIA Document A201,
General Conditions of the Contract for
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Construction as incorporated herein, and
shall notify the Owner setting forth the
reasons. The Architect shall not have
control or charge of and shall not be
responsible for construction means,
methods, techniques, sequences or
procedures, or for the safety precautions
and programs in connection with the work,
for the acts or omissions of the
Contractor, Subcontractors or any other
persons performing any of the work, or for
the failure of any of them to carry out
the work in accordance with the Contract
Documents.
5.12 The Architect agrees that its representatives on
the construction project shall be qualified by
training and experience to make decisions and
interpretations of plans and specifications, and
shall be empowered by the Architect to do so;
such decisions and interpretations shall be
binding upon the Architect as if made by it:
all such decisions and interpretations shall be
confirmed in writing at the earliest reasonable
date, with copies to the Owner, conditioned that
such decisions and interpretations shall not
modify adversely the requirements of the
Contract Documents; if in the opinion of the
Owner, such representatives are either negligent
or unqualified to perform their duties, the
Architect's representative shall be replaced
promptly and without protest at the request of
the Owner, and all of the above in this
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paragraph shall be applicable to consultants
referred to in Paragraph 5.11(m) above.
5.13 POST- CONSTRUCTION PHASE
When the work is complete and ready for
acceptance, the Contractor, under the 1976
Edition of AIA Document A201, General Conditions
of the Contract for Cnstruction as incorporated
herein, is required to file a written Notice
including a list of items to be completed or
corrected with the Architect, who in turn shall
notify the Owner, that the work, in the opinion
of the Contractor, is complete under the terms
of the Contract. This Notice shall receive
prompt action by the notified parties. Within
ten (10) days after the Contractor files written
Notice, the Architect, the Owner and the
Contractor shall make a "final inspection" of
the Project.
A final punch list shall be agreed to by the
Architect and the Owner, and made in sufficient
detail to fully outline to the Contractor:
(1) Work to be completed, if any;
(2) Work not in compliance with the
drawings or specifications, if any;
(3) Unsatisfactory work, if any.
The punch list shall be transmitted by letter to
the Contractor and the Owner by the Architect.
The Architect shall acknowledge to the Owner
that the project has substantially been
completed in accordance with the Contract
Documents, all items on the final punch list
satisfied, and recommend the acceptance of the
Project.
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The Architect shall conduct an instructional
seminar for the Owner and its maintenance and
operations personnel. The purpose of the
seminar is to review operating and maintenance
manuals which shall be submitted to Owner in
triplicate, and to fully acquaint operating
personnel with the building, its systems and
operation, and maintenance procedure compatible
with the design.
The Architect, the Owner and the Contractor
shall make at least two complete inspections of
the work after the work has been accepted. One
such inspection, the "Six -Month Guaranty
Inspection," shall be made approximately six (6)
months after the acceptance of the work; and
another such inspection, the "Eleven -Month
Guaranty Inspection," shall be made
approximately eleven (11) months after the
acceptance of the work. Written punch lists and
reports of these inspections shall be made and
forwarded to the Contractor and the Owner within
ten (10) days after completion of the inspection
by the Architect. The Architect shall follow
through on all punch list items and advise and
inform to the Owner when such have been
completed.
5.14 Upon completion of the Project, the Architect
shall provide contractor corrected drawings to
conform to the Project as finally constructed,
and shall deliver to the Owner reproducible
mylar plus 5 copies of theS o r cted "Record"
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drawings.
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5.15
5.16
5.17
Prior to final payment, the Architect shall
prepare and deliver to the Owner the original
plus 5 copies of a Final Report as shown in
Project Planning Documents. (See attached Final
Report Requirement.)
The final five percent (5 %) of the total fee of
the Architect shall be retained until delivery
of the "Record" drawings and Final Report to the
Owner; final payment shall be made to the
Architect within fifteen days following such
delivery.
OTHER PROFESSIONAL SERVICES
The Architect certifies that persons rendering
architectural services in accord with the Terms
and Conditions of this Agreement shall be
supervised by Registered Professional Architects
in the States of Colorado and Washington, and
hereby agrees that all plans, specifications,
detail drawings, construction inspection, etc.,
for engineering work pertaining to heating,
ventilating, refrigeration, power service, or
other mechanical, electrical or structural work
shall be done by the Architect's own
organization, by men regularly engaged and
particularly qualified by experience and
training to do this work, or agrees to employ
without additional cost to the Owner and subject
to the approval of the Owner the services of a
Registered Professional Engineer, which contract
shall bind the Engineer to terms and
responsibilities substantially as set forth
herein regarding design and inspection
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services. Copies of this agreement shall be
furnished to the Owner.
ARTICLE 6. ADDITIONAL SERVICES OF THE ARCHITECT
In the event the Owner requests in writing that
the Architect perform services over, above, and
beyond those services described in Article 5
hereof, then the Architect shall be paid for
such additional services on an hourly basis with
time charged at a multiple of 2.5 times the
Direct Personnel Expense as defined in Article
10 hereinbelow. Additional services, for which
additional compensation shall be allowed, are as
described hereinafter.
(a) Revising previously approved design
drawings, working drawings, or
specifications to accomplish changes
ordered by the Owner, except where
required to get the cost within the Total
Project Cost.
(b) Preparing drawings and specifications for
alternate bids for work above that
originally contemplated in this Agreement,
which are ordered by the Owner and the fee
agreed upon, in writing, prior to the
design, which was rejected due to lack of
funds. When alternates are used to assure
keeping project within the appropriation,
no additional fee shall apply.
(c) Assist the Owner in arranging for the work
to proceed should the Contractor default
due to delinquency or insolvency.
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ARTICLE 7. THE OWNER'S RESPONSIBILITIES
7.1 The Owner shall provide full information as to
its requirements for the Project, consistent
with the Appropriation.
7.2 The Owner hereby designates David E. Mott,
Chairman of the Board of County Commissioners of
the County of Eagle, State of Colorado, as its
administrative representative authorized to act
in its behalf, to coordinate meetings and
disperse information between the Architect, the
Owner, and the Contractor, and to render
administrative decisions on a daily basis when
the Owner is not readily available, in order to
avoid unreasonable delay in the progress of the
Architect's work.
7.3 The Owner shall furnish to the Architect, at the
Owner's expense, a survey of the site, giving
grades and lines of roads, pavement, and
adjoining property, rights -of -way, restrictions,
easements, encroachments, zoning, deed
restrictions, boundaries, elevations at grid
points; locations, dimensions, and data
pertaining to existing buildings, utilities and
trees; furnish tests and reports necessary for
determining subsoil conditions; and furnish
structural, mechanical, chemical, and other
laboratory or field tests, inspections and
reports as required.
7.4 The Owner shall arrange for such legal,
auditing, and insurance counseling as may
required for the Project.
In
7.5 If the estimated construction cost is in excess
of any limit stated herein, the Owner shall
cooperate in revising the Project scope and
quality as is necessary to effect a reduction in
the cost estimate consistent with the authorized
Total Project Cost.
ARTICLE 8. LIMITATIONS OF PROJECT COST
8.1 TOTAL PROJECT COST
The total Project Cost as defined in the Project
Planning Documents shall include all costs and
expenses for which the Architect is responsible,
including the design fee.
8.2 COST LIMITATIONS
The Total Project Cost, as indicated in this
Agreement, is derived from a specific
appropriation of funds specifically provided for
the particular project described on Page 1.
Accordingly, it shall be a condition of this
Agreement that the Architect shall conform its
plans to a design the construction cost of
which, together with the addition of design
fees, shall not exceed the Total Project Cost.
8.3 In the event that during the several stages of
development of the Architect's plans, the
estimate of construction cost together with
design fees exceeds the limitations set forth in
this Agreement by more than 5 %, or in the event
that after receipt of bids, the sum total of the
lowest bona fide bids for the entire project
together with design fees exceeds the limitation
set forth in this Agreement by more than 5 %,
then the Owner shall have the right to require
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the Architect, without any additional cost to
the Owner, to modify its plans and
specifications or redesign the project as may be
necessary to bring the construction cost plus
design fees within the Total Project Cost.
ARTICLE 9. CONSTRUCTION COST
9.1 The Total Construction Cost as herein referred
to means the total cost of all work designed or
specified by the Architect.
9.2 Construction costs shall be based upon the
latest of the following sources:
(a) The latest estimate of construction costs
as defined in Paragraph 9.1 above.
(b) Lowest or accepted bona fide
Contractor(s)' and Subcontractors'
proposals received for any or all portions
of the Project, including alternate
proposals requested by the Owner and
included in the award of the Construction
Contract(s) and Subcontracts.
(c) For completed construction, the Total
Construction Cost of all such work.
ARTICLE 10. DIRECT PERSONNEL EXPENSE
10.1 Direct Personnel Expense includes that of
employees engaged on the Project (as architects,
engineers, designers, job captains, draftsmen,
specification writers, inspectors and
secretaries) in consultation, research,
designing producing drawings, specifications,
and other documents pertaining to the Project.
Hourly rates shall be in proportion to regular
salaries.
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10.2 Direct Personnel Expense includes cost of
salaries and of mandatory and customary benefits
such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and
similar benefits. For the purpose of this
Contract, these costs shall be calculated as an
additional twenty (20) percent of the direct
payroll salaries.
ARTICLE 11. REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the
fees for Basic Services and Additional Services,
and are for actual expenditures made by the
Architect, its employees, or its consultants in
the interest of the Project. Reimbursement in
the amount of actual expenditures shall be made
by the Owner to the Architect for expense of
transportation in connection wtih the project;
long distance communications other than to
Eagle; reproductions; and postage.
ARTICLE 12. ACCOUNTING RECORDS OF THE ARCHITECT
Records of the Architect's personnel,
consultant, additional services and reimbursable
expenses pertaining to the Project, and records
} of accounts between the Owner and the
Contractor, shall be kept on a generally
recognized accounting basis, and all such
records shall be available to the Owner or its
authorized representative at mutually convenient
times.
ARTICLE 13. OWNERSHIP OF DOCUMENTS
The Construction Drawings, Record reproducible
mylars, Specifications, Preliminary Studies,
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Preliminary Design Documents, all models and
renderings shall be the sole property of the
County of Eagle and shall be turned over to the
Owner upon completion of the job or the
termination of this Agreement, whichever occurs
sooner. The Owner agrees that these documents
are not to be sold, transferred, assigned, or
reused without written permission of the
Architect.
ARTICLE 14. TERMINATION
The Owner shall have the right at any time to
terminate this Agreement for any reason deemed
sufficient by the Owner in the exercise of its
judgment. In the event of any such termination
the Architect shall be reimbursed for all
expenses reimbursable hereunder and shall be
paid for services properly performed in
accordance with this Agreement to the date of
termination, less any amounts previously
reimbursed to the Architect or previously paid
on account of the Architect's fee. If the
Architect's fee has been specified on the basis
of a definite or definitely ascertainable sum
for the completion of services, the portion of
such sum payable upon termination hereunder
shall be that amount which bears the same
proportion to that sum as the percentage of
services completed by the Architect which are
related to that sum bears to one hundred (100)
percent. The Architect agrees that a
termination of the Agreement under this Article
shall not constitute a breach of or default
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under this Agreement by the Owner and that the
payments to the Architect as provided in this
Article shall constitute full payment of all
claims by the Architect against the Owner
arising from a termination of the Agreement
hereunder.
ARTICLE 15. PROFESSIONAL CONSULTANTS
The Architect agrees to contract with the
following Consultants for specialized portions
of the work. Each such Consultant shall be
required to comply with the conditions of this
Agreement to the same extent as the Architect.
The Owner shall approve all contracts with the
following professional consultants.
Mechanical Engineer
Electrical Engineer
Bridgers and Paxton Garland D. Cox Associates
213 Truman Street, N.E. 1825 Lawrence Street
Albuquerque, New Mexico 87108 Suite 200
(505) 265 -8577 Denver, Colorado 80202
(303) 296 -1857
Structural Engineer
Walker McGough Foltz
Lyerla, P.S.
West 244 Main Street
P.O. Box 1482
Spokane, Washington 99210
(509) 838 -8681
ARTICLE 16. CHANGES IN DRAWINGS
Civil Engineer
York and Associates
6840 South Yosemite
Englewood, Colorado 80112
(303) 779 -6867
The Architect shall maintain careful supervision
over all changes in the final drawings in the
course of the work. All changes orders shall be
on Standard AIA forms, and the Architect shall
keep a current record of all variations or
departures from the drawings and specifications
as originally approved. Every change order must
be approved in writing by the Owner and the
Architect, except that the approval of the Owner
shall not be required in a case involving a
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matter of emergency, safety, or health. The
Architect shall maintain records of all changes
during the course of the work.
ARTICLE 17. PROFESSIONAL ASSOCIATION PERMITTED
The Architect may, with the prior written
consent of the Owner, join with it in the
performance of this Agreement any other duly
licensed Architect or Architects or registered
Engineers with whom it may, in good faith, enter
into an association.
ARTICLE 18. DISSOLUTION OF PROFESSIONAL ASSOCIATION
In the event there is dissolution of the
association, other than by death of a member,
the Owner shall designate which former member
shall continue with the work and may make all
payments thereafter falling due in connection
with the work directly to the person or persons
so designated and without being required to look
to the application of such payments as among the
former members.
ARTICLE 19. DEATH OR DISABILITY
In the event of the death of one member of an
association, the surviving member or members of
the association, as an association, shall
succeed to the rights and obligations of the
original association hereunder.
ARTICLE 20. ASSIGNMENT OF AGREEMENT NOT PERMITTED
Neither Owner nor Architect may assign its
performance of this Agreement, or any money due
or to become due by operation of this Agreement,
without prior written consent of the other
party.
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ARTICLE 21. EQUAL OPPORTUNITY
In the performance of work under this Agreement,
the Architect agrees to comply with the
applicable provisions of the Colorado
Anti- Discrimination Act of 1957.
The Architect agrees that it will not
discriminate against any employee or applicant
for employment because of race, creed, color,
sex or national origin. The Architect also
agrees that it will take affirmative action to
insure that applicants when employed are treated
during employment without regard to their race,
creed, color, sex or national origin. Such
' action shall include, but not be limited to the
following: employment, upgrading, demotion or
transfer; recruitment advertising; layoff or
termination; rates of pay or other forms of
compensation; and selection for training,
including apprenticeship. The Architect also
agrees to comply with the provisions of the
Governor's Executive Order of April 16, 1975.
ARTICLE 22. INSURANCE
The Architect agrees to maintain in full force
and effect an Errors and Omissions or
Professional Liability Insurance Policy
affording adequate coverage, as determined by
the Owner for the duration of this Agreement and
for at least two (2) years beyond the completion
and acceptance of the facility. The contract of
insurance shall insure the Owner against all
claims, damages, losses or expenses arising out
of or resulting from the performance of
25
C� rj
Professional Services contemplated in this
Agreement, provided that any such claim, damage,
loss or expense is attributable to bodily
injury, death, or to injury to or destruction of
tangible property, or to failures of the
structure or facility, or any of its components,
including the loss of use resulting therefrom,
and is caused, in whole or in part, by any
negligent act, error or omission of the
Architect, any consultant or associate thereof,
anyone directly or indirectly employed by
Architect, or anyone for whose acts any of them
may be liable. The Architect shall submit a
certificate of insurance at the signing of this
Agreement and also any notices of renewals of
the said policy as they occur. In addition, the
Architect shall take out and maintain at
Architect's own expense: general liability
insurance, including non -owned automobile
liability in an amount not less than one million
dollars; and Workmen's Compensation Insurance.
Certificates of such insurance shall be
furnished to the Owner at the time of signing of
this Agreement and also any notices of renewals
of said policies as they occur.
ARTICLE 23. APPLICABLE CODES AND REGULATIONS
23.1 The Architect shall to the best of its
knowledge, information and belief make certain
that the drawings and specifications prepared by
it are in full compliance with all applicable
codes (including building codes), regulations,
laws and ordinances, including both technical
26
and administrative provisions thereof, of the
political subdivision wherein the project is
located. Such drawings and specifications shall
conform to the current editions of the following
Codes as minimum standards:
(a) Uniform Building Code of the International
Conference of Building Officials, 1982
Edition;
(b) Uniform Mechanical Code of the
International Conference of Building
Officials, 1982 Edition;
(c) National Electrical Code of the National
Fire Protection Association, 1981 Edition;
(d) Uniform Plumbing Code of the International
Association of Plumbing and Mechanical
Officials, 1982 Edition;
(e) State of Colorado Energy Conservation
Standards, 1979; and
(f) Uniform Fire Code of the International
Conference of Building Officials and
Western Fire Chiefs Association, Inc.,
1982 Edition.
(g) ANSI /NFPA 101 Life Safety Code 1981.
If the Architect shall deviate from such codes
regulations, laws or ordinances, then it shall
at its own expense make such corrections in the
construction documents as may be necessary for
compliance, unless specifically waived in
writing by the Owner.
23.2 The Architect shall to the best of its
knowledge, information and belief comply at its
own expense with the provisions of all state,
27
local and federal laws, regulations, ordinances,
requirements and codes which are applicable to
the performance of work or services hereunder or
applicable to the Architect as an employer or
labor or otherwise. The Architect shall further
comply to the best of its knowledge, information
and belief with all laws, rules, regulations and
licensing requirements pertaining to his
professional status and that of his employees,
partners, associates, subcontractors,
consultants, and others employed or retained by
it to render any services hereunder.
ARTICLE 24. SPECIAL PROVISIONS
24.1 BENEFITS ACCRUING TO OTHER STATE OR COUNTY
EMPLOYEES, OR OFFICERS
24.1.1 It is understood and agreed that no benefits,
payments or consideration received by the
Architect for the performance of services
pertinent to this Agreement shall accrue,
directly or indirectly, to any employee, or
employees; elected or appointed officers or
representatives; or any other person or persons
identified as agents of, or who are by
definition public servants of the State of
Colorado or the County of Eagle.
24.1.2 The signatories hereto aver that they are
familiar with 28 -8 -301, et se . (Bribery and
Corrupt Influences), and 18 -8 -401, et se .
(Abuse of Public Office), respectively, C.R.S.
1973, as amended, and that no violation of such
provisions is present.
24.2 GENERAL
The laws of the State of Colorado and rules and
regulations issued pursuant thereto shall be
applied in the interpretation, execution and
enforcement of this Agreement. Any provisions
of this Agreement whether or not incorporated
herein by reference which provides for
arbitration by any extra - judicial body or person
or which is otherwise in conflict with said
laws, rules, and regulations shall be considered
null and void. Nothing contained in any
provision incorporated herein by reference which
purports to negate this or any other special
provision in whole or in part shall be valid or
enforceable or available in any action at law
whether by way of complaint, defense or
otherwise. Any provision rendered null and void
by the operation of this provision will not
invalidate the remainder of this Agreement to
the extent that the contract is capable of
execution.
24.3 COLORADO LABOR PREFERENCE
Provisions of Sections 8 -17 -101 and 102,
respectively, C.R.S. 1973, for preference of
Colorado labor are applicable to this Contract
if public works within the State are undertaken
hereunder and are financed in whole or in part
by public funds.
ARTICLE 25. EXTENT OF AGREEMENT
This Agreement and the documents incorporated by
reference herein represent the entire and
integrated Agreement between the Owner and the
29
Architect and supersedes all prior negotiations,
representations, or agreements, either written
or oral. This Agreement may be amended only by
written instrument.
ARTICLE 26. INCONSISTENT PROVISIONS
In the event of any irreconcilable conflict,
inconsistency, or incongruity between the
provisions contained in this Agreement and any
of the provisions contained in any of the
documents incorporated by reference herein, the
provisions contained in this Agreement shall in
all respects govern and control
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in original and two (2) counterparts the day and
year first above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By. By: au�
Clerk to e Boa d of D ld E. Mott, Chairman
County Commissioners P.O. Box 850
Eagle, Colorado 81631
(303) 328 -7311
THE ARCHITECT:
ATTEST: W. C. MUCHOW AND PARTNERS INC.
By : ' M46%LW By: Pr ' c pal
�� is ael Ja ,
25 Blake St e t
enver, Color o 802
(303) 295 -1805
ATTEST: WALKER McGOUGH FOLTZ LYERLA, P.S.
By' By Al
Wa ter W. Foltz, Principa
Fle
West 244 Main Avenue
P.O. Box 1482
Spokane, Washington 99210
(509) 838 -8681
Kce
t�
EXHIBIT "A"
TO THAT CERTAIN AGREEMENT DATED , 1983, BETWEEN
a� THE COUNTY OF EAGLE, STATE OF COLORADO, AND W. C. MUCHOW AND
PARTNERS INC. AND WALKER MCGOUGH FOLTZ LYERLA, P.S., RE: EAGLE
COUNTY JUSTICE CENTER, ARCHITECT
"A parcel located in Tracts 69 and 70, Section
33, Township 4 South, Range 84 West of the Sixth
Principal Meridian, Eagle County, Colorado,
according to the Independent Resurvey of said
Township and Range as approved on June 20, 1922;
said parcel containing 10.420 acres or 453,886
square feet, more or less, and being more
particularly described as follows:
Beginning at a point on the Southerly
Right -of -Way boundary of Interstate Highway No. 70,
from which the Witness Corner for Corner No. 1 of
said Tract 70 bears S.00 101'54 "W. 41.60 feet; thence
along said southerly boundary the following two (2)
courses and distances:
1) N.65 °20'43 "E. 442.96 feet
2) N.60 °53'22 "E. 499.91 feet
thence departing said southerly boundary along the
following five (5) courses and distances:
1)
S.07 055'04
"E.
152.21
feet
2)
S.01 040'40
"E.
205.09
feet
3)
5.25 012'04
"E.
132.11
feet
4)
S.63 °20'48
"W.
633.48
feet
5)
5.59 024'01
"W.
414.24
feet
to a point on the easterly boundary of the Eagle
Commercial Park; thence along said easterly boundary
the following two (2) courses and distances:
1) S.89 028'06 "W. 21.55 feet
2) N.00 001'53 "E. 500.96 feet
thence departing said easterly boundary
S.89 058'52 "E. 21.40 feet to the Witness Corner for
Corner No. 1 of said Tract 68; thence N.00 001'54 "E.
41.60 feet to the point of beginning, together with
all easements and rights of way appurtenant thereto;
Excepting therefrom the following described
parcel of land to be used as a public right -f -way
and containing 0.395 of an acre or 17215.8 square
feet, more or less:
A parcel located in Tract 70, Section 33,
Township 4 South, Range 84 West of the Sixth
Principal Meridian, Eagle County, Colorado according
to the Independent Resurvey of said Township and
Range as approved on June 20, 1922; said parcel
being more particularly described, with all bearings
contained herein based on a bearing of N.00 033'00 "W.
between the Town of Eagle Street Monuments at Fifth
and Broadway and Second and Broadway, as follows:
Beginning at a point from which the Witness
Corner for Corner No. 4 of said Tract 70 bears
N.59 014'42 "W. 461.82 feet distant; thence
N.63 020'48 "E. 574.24 feet to a point on the Westerly
31
Boundary of a parcel known as the Nogal Tract; thence
along said Boundary S.25 °12'04 "E. 30.01 feet to the
Northeasterly corner of a parcel of land recorded in
Book 268 at Page 466 of the Eagle County Records; thence
along the Northerly Boundary of said parcel
S.63 020'48 "W. 573.48 feet; thence N.26 139'12 "W. 30.00
feet to the point of beginning, hereinafter referred to
as "Parcel D."
The property described hereinabove excepting
therefrom Parcel D, hereinafter referred to as the
"Property," contains 10.025 acres or 436,670.2
square feet, more or less."
32