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Home My WebLink About20092887.tiffAgreement Between Owner and Architect of Architect's Services Alt's DOCUMENT B141-1997 Glic�' ra ['brit/ AGREEMENT mad, the 20th day of November in the year of 2009 estTW.Er1 the Architect's aiient luenutieu as file Owner. ::h Sheet Grrt ley, Colorado 80631 and the Architect: Robert Shreve Architects and Planners, inc. 801 8`h Street, Suite 120 Greeley, Colorado, 80631 For the following Project: Renovation and remodeling of the Weld County Human Services Building located at 1551 North 171h Avenue. The building is approximately 15,300 square feet and will consist of office space, conference rooms, and a medical clinic which will include examination rooms and limited lab space. The Owner and Architect agree as follows: The architect will prepare contract documents for the construction as outlined above. He will assist the owner in obtaining and evaluating bids for the construction of the structures. During the construction period he or his representative will visit the site periodically to determine the progress of the project, he will review shop drawings submitted by the contractor and provide clarification of the contract documents as requested by the builder. This document has importa legal consequences. r.cr,ultatior with nosey is �ccourciyer, with respect to its p!s.ion c, or", TABLE OF ARTICLES 1.1 INITIAL. INFORMATION 1.2 RESPONSIBILITIES OF T PARTIES 1.3 TERMS AND CONDITI( 1.4 SCOPE DI' SERVICES Ai OTHER SPECIAL TERM: AND CONDITIONS 1.5 COMPENSATION 1997 AlA(4e AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT Tier I,., nil,. er Architects (�0 : f 4-03— Ca PR.(cr) MOs 'Nnsh,neiou D [C00LX29 o?OG%-&:S'g� / %7/09 GoC/. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. For a period of 2 years from the date of the contract 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: Preparation of construction contract documents and observation of construction. 1.1.2.2 The physical parameters are: The existing building is approximately 15,300 square feet now used for classes and interviews for area residents seeking employment. 1.1.2.3 The Owner's Program is: Renovation will convert existing spaces to offices, conference rooms and a medical clinic which will include examination rooms and limited lab space. There will also be an area converted to a record receiving and processing center. 1.1.2.4 The legal parameters are: NA 1.1.2.5 The financial parameters are as follows: Amount of the Owner's budget not to exceed $1,000,000.00. 1.1.2.6 The time parameters are: Design work to begin in December 2009. 1.1.2.7 The proposed procurement or delivery method for the Project is: A general contractor will be selected, method to be determined and charged with the construction of the project. 1.1.2.8 Other parameters are: Preliminary architectural planning, mechanical and electrical design services for the building are included as a part of the architectural fee. Architectural fee does not include Civil Engineering design for on or off site improvements. (01997 AIA@ MA DOCUMENT B141.1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed ohotocoovina violates U.S. coovriaht laws and will subject the violator to leaal 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: Toby Taylor Buildings and Grounds 1105 H Street Greeley, CO 80632 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: Weld County Board of Commissioners 1.1.3.3 The Owner's other consultants and contractors are: N.A. 1.1.3.4 The Architect's Designated Representative is: Robert Shreve 801 8th Street, Suite 120 Greeley, CO 80631 1.1.3.5 The consultants retained at the Architect's expense are: Mechanical Engineering, Western States Engineering Electrical Engineering, R.J. McNutt and Associates Structural Engineering, Wernsman Engineering, Inc. 1.1.4 Other important initial information is: 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement. 1.1.6 The information contained in this Article i.i may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3-3. U 1 997 AIA0 AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American 1 nstitute of Architects 1735 New YorkAvenue, N.W. Washington, D. C. 20006-5292 'MA CAIINC I Inliraneed nhNnrinn,,;nn i ;nlomo I I 6 renurinht Ia,.,e and ,.,,II euhlart the inflicter 1n Ion& ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Ownei shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt 'if a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified In Paragraph 1.i.3 shall he authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including am' errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. ©1997 AIA® AIA DOCUMENT 8141.1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicator)' proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as con fidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. i ©1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use sole- ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall 0 obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the lnstruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph r3.a no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall he permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall he at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may he accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall he entitled to an appropriate adjustment in the Architect's schedule and compensation: .r change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; a'ti�i o I I ©1997 AIA® ALA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 **IA oum,e u..l: d ..,1***. II e -....,,.:n6. hu,. a.,rl ,.du eu6ie.. .6u nintatn, h. tonal nrncarurinn .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including; but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .s failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article u. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of Go days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall he held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. i o'er o I I X1997 A I A ® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.4. 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall he decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall he filed in writing with the other party to this Agreement and with the American Arbitration Association. 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim. 1 .J ,, c ....,,..:.d,. =.... D..A ,...II .,,hiert the viniatnr to leoal Prosecution. dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall he specifically enforceable in accordance with applicable law in any court having jurisdiction Memo'. 1.3.5.5 'file award rendered by the arbitrator or arbitrators shall he final, and judgment may he entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document Azol, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document Azor, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. L3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N. Washington, D.C. 20006-52' WARNING'. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least rq days prior to the requested dates of execution. The Architect shall not he required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, hind themselves, their partners, successors, assigns and legal representatives to the olhe party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, ai the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall he compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall he equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 1.3.8.4 This Agreement may he terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. aLL-1-10 ©1997 AIAO AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 j WARNING: Unlicensed ohntoconvine violates U.S. mnvrioht laws and will rohiert the violator to lapel nrncenninn 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to he liable. 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .r transportation in connection with the Project, authorized out-oi-lawn travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of instruments of Service; 4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; - .s renderings, models and mock-ups requested by the Owner, .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Project -related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document Bs4i-1997, or as follows: (List outer docrmrenis, if uIiy, deli leasing Archileds scope of services.) 1.4.1.3 Other documents as follows: (List other docuninits, if any. forming part of the dpi eemenl.) neeeuiur. nhotocoovine violates U.S. copyright laws and will subject the violator to legal prosecution. 0 at -53'C? t r ©1957 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.N Washington, D.C. 20006-52 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: 3.75% of the construction Cost 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3- 3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. Hourly Rate Schedule of Consultants Robert Shreve Architects and Planners, inc Project Manager Project Architect Field Observation Specifications writer AutoCad Operator Clerical Wernsman Engineering Engineer Designer AutoCad Operator Clerical Western States Engineering Engineer AutoCad Operator Clerical RJ MCNutt and Associates Principal Engineer Designer AutoCad Operator Clerical $115.00 / hr $90.00/hr $ 75.00 / hr $70.00/hr $60.00/hr $ 35.00 / hr $110.00 /hr $90.00/hr $65.00/hr $ 35.00 / hr $115.00/hr. $ 62.00/hr $ 40.00 / hr $115.00 /hr $ 95.00 / hr $ 80.00 / hr $ 60.00 / hr $ 45.00 / hr 1.5.3 For a Change in Services of the Architects consultants, compensation shall be computed as a multiple of ( 1.10% ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph i-3.9.2, and any other items included in Paragraph i.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of ( 1.10% ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: (01997 AIA@ AIA DOCUMENT B141.1997 STANDARD FORM AGREEMENT Reproduction of Contract documents for bidding purposes are a reimbursable expense and will be provided at cost The American Institute of Architects 1735 New York Avenue, NW. Washington, D. C.20006-5292 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment no Dollars (s 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable 30 ) days from the date of the Architect's invoice. Amounts unpaid 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 12% 1.5.9 If the services covered by this Agreement have not been completed within ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. OWNER (Signature) William F. Garcia Chair, Board of Weld County Commissioners (Printed name and title) ARCHITECT (Signature) (Printed name and title) DEC 0 7 2009 CAUTIC)N: YOU should sign an original AIA document or a licensed reproduction. Originals contain the AlA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. 01997 AIA@ AiA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT 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 <2609 -6-gs2P7 4Stg hiDe COLORADO MEMORANDUM To: Board of County Commissioners From: Toby Taylor Re: HRD Building Remodel B0900162 Date: November 2, 2009 As advertised, this bid is to perform design services for the remodel of HRD Building. Buildings and Grounds is recommending the low bid from Robert Shreve Architects and Planners for 3.75% of construction cost be awarded. If you have any questions, please contact me at extension 2023. l2)C4(L I.? Monica Mika From: Sent: To: Cc: Subject: Loren Bley [loren@bleyarchs.com] Friday, November 06, 2009 7:46 AM Monica Mika Toby Taylor Weld HS Building Reno Monica/Toby, In our opinion, the RSAP proposal is based on a lump sum fee schedule. It does not appear to present an either or choice of bids (lunp sum fee OR a percentage of construction) but rather the lump sum and percentage are linked. The 3.75% was determined on the basis of an assumed construction cost of $1,020,000 with a lump sum fee of $38,270. Using other assumed construction costs the RSAP associated percentages to the lump sum bid would increase as the construction cost decreases. In example: $38,270 divided by $950,000= 4.02% $38,270 divided by $700,000= 5.46% $38,270 divided by $500,000= &.65% Within the RFP, the proposer advises the County to use an hourly fee schedule for the preliminary design phase and THEN allow the proposer to determine a fixed fee (lump sum fee) for the balance of the project phases. The proposer does not suggest the use of a percentage of construction cost to determine the architectural fee. The bids, as posted, would give RSAP the opportunity to have two bids considered. Wouldn't two posted bids for one firm be an unfair advantage to the proposer not realized by the other bidders. We respectfully request that Bley Associates be given further consideration of our bid and award of Contract based on the lowest bid of an undetermined construction value. The RSAP bid should be evaluated on the basis of a total lump sum of $38,270/$1,020,000 budget. The Bley Associates bid should be evaluated on the basis of 3.9% of any construction cost. Any other consideration of the RSAP bid gives RSAP a two shot unfair advantage. Respectfully, Loren F. Bley Principal Bley Associates, Architects 5312 West 9th Street Drive Suite 150 Greeley CO 80634 P. 970.330.3322 F. 970.330.2919 �Ci'•c�— lF� WELD COUNTY PURCHASING 915 10TH Street Greeley CO 80631 E -Mail: mwaltersco.weld.co.us E-mail: reverettanco.weld.co.us Phone: (970) 356-4000, Ext. 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: October 28th, 2009 REQUEST FOR: Remodel of the Human Services Bldg -1551 N 17th Avenue DEPARTMENT: Finance/Bldgs & Grounds BID NO: #60900162 PRESENT DATE: November 2nd, 2009 APPROVAL DATE: November 16th, 2009 VENDORS W.E BEDINGER, ARCHITECT W/ JOSEPH P ENGELS DESIGN ASSOC 1515 GLENMERE ROAD GREELEY CO 80631 OZ ARCHITECTURE 1805 291H STREET SUITE #2054 BOULDER CO 80301 ARCHITECTURE PLUS 318 EAST OAK STREET FT COLLINS CO 80524 MOA ARCHTECTURE 821 17TH STREET SUITE #400 DENVER CO 80202 THE MORGANTI GROUP INC 2903 ASPEN DRIVE SUITE #B LOVELAND CO 80538 ARCHITECTURE PML INC 3200 CHERRY CREEK SOUTH DRIVE SUITE #410 DENVER CO 80209 HUMPHRIES/POLI ARCHITECTS 2100 DOWNING STREET DENVER CO 80205 *Bids are being reviewed at this time /ee7 ROBERT SHREVE ARCHITECTS AND PLANNERS 801 8TH STREET GREELEY CO 80631 PAHL ARCHTECTURE 303 EAST 17TH AVENUE SUITE #555 DENVER CO 80203 BLEY ASSOCIATES 5312 WEST 9TH STREET DRIVE #150 GREELEY CO 80634 HAUSER ARCHITECTS PC 3780 EAST 15TH STREET SUITE #201 LOVELAND CO 80538 WOLD ARCHITECTS & ENGINEERS 1422 DELGANY STREET SUITE 100 DENVER CO 80202 ALLER LINGLE MASSEY ARCHITECTS P.C. 712 WHALERS WAY BLDG #B SUITE #101 FT COLLINS CO 80525 ..6cp®o/a 2009-2887 m C on t C 4) t CU C N • C c C Cw C W (13 N C N • N (0 C V ▪ ▪ p a J v J Z cc U cc G U � We F- J V) w h o ra U CE _ C E O 7 — N a) V 2 E A.: N J O C LD O NN cg N 00 m O (la N Y >- r-• C a c m O O O O 3.9% of Construction Cost O in v-i a W V) K W O Z H tic w cc a ri H v m In in m Lc) Z D W = W Q W 0 < m W t H H) O O H w > in w >- ln CCHI--J aNJ W= 00 W > N w Ca O .-I W w rl w CC Q W lW7 m in O C OD an C N a) a) a) Y O C U ra U N O O O Y C c ra y C • N O J m 3 '� 0.0 ✓ u6 Lo O in c p to C C O V m N IV O 2' ` Q c yy S p W Q Q IN Y C ii p OJ =_ Y Y c W C Y 1- J p J E '�N CO W J ,''n ZC J a) (.7 < Li Zcc cc o w Ot-IJ N ZZc O G CC N W G C U CC J `) G K D O U I— 0 \ - LL K _ - = U = c _ J cWc cc Wec J cWc J~ c> J G W VI U C N W C W z C U W N N CO 0 -C N N Q N p p u N 0 u C ao Y O Cl EEY L, • r0 4-1 v o C c O L p Oto U 0 CC w O o I- J o G "-o rn `^• o VT m u -I O N a W H 5 N O h p_ w b c0 m • 0 H = W _ L O O c U Q Z CC Q Q W W J In p W < CO O 2 m J 2.5% TO 4.9% of Construction Cost 0 O C In a r N -vi- N O O o o N Ln - N rI N C N O N 0 J o a W U N U O. a) E O O w E CI 1O u - CO ` 0 r0 be 4,J Y Y N J c E c a0 O .2 o O w O Ln o-6 -o Lt 0 -O o VF V) Q N Q W H N 7 H U) W [D a F = O O -J In Ir m N Q > O H , Ln w Q m D w N In O J W' OO Q In U d H W N UJ in J Z cc D Q O J Q J F-- O In l7 = O U h Z Z U W in J J Q = IO K N LL U 00 O J r 0 U < N H J it Q m W Q d Ik O O Q IU O m w O 0CC ti Q J W lrn D w p • w CO V Z 7 O Z W Z U Es C. J > W =c7 J d W r W K ri Estimated project design cost: Measure existing building floor plan if electronic plans are not available: Project Architect 2 hr @ 90.00 $ 180.00 CAD Operator 24 hr @ 60.00 $ 1,440.00 $ 1,620.00 Preliminary design Project Manager Project Architect CAD Operator Contract Documents for clinic wing: Project Manager Project Architect CAD Operator Sub total Electrical Engineering Mechanical Engineering Contract documents for west wing: Project Architect CAD Operator Sub total Electrical Engineering Mechanical Engineering Relocate vacuum station to parking lot Project Manager Project Architect CAD Operator Engineer Construction observation Architectural Mechanical Electrical 4 hr @ 115.00 28 hr @ 90.00 10 hr @ 60.00 6 hr 24 hr 72 hr 14 hr 40 hr 115.00 90.00 60.00 90.00 60.00 2 hr @ 115.00 16 hr @ 90.00 24 hr @ 60.00 16 hr @ 110.00 32 hr @ 75.00 Proposed fee for Architectural services Lump Sum Proposed fee as a Percentage of Construction $ 460.00 $ 2,520.00 $ 600.00 $ 3,580.00 $ 690.00 $ 2,160.00 $ 4,320.00 $ 7,170.00 $ 4,500.00 $ 5,000.00 $16,670.00 $ 1,260.00 $ 2,400.00 $ 3,840.00 $ 2,500.00 $ 2,000.00 $ 8,160.00 $ 230.00 $ 1,440.00 $. 1,440.00 $ 1,760.00 $ 4,860.00 $ 2,400.00 $ 1,000.00 $ 1,600.00 $ 5,000.00 $38,270.00 3.75% Estimated project design cost: Measure existing building floor plan if electronic plans are not available: Project Architect 2 hr @ 90.00 $ 180.00 CAD Operator 24 hr @ 60.00 $ 1,440.00 $ 1,620.00 Preliminary design Project Manager Project Architect CAD Operator Contract Documents for clinic wing: Project Manager Project Architect CAD Operator Sub total Electrical Engineering Mechanical Engineering Contract documents for west wing: Project Architect CAD Operator Sub total Electrical Engineering Mechanical Engineering Relocate vacuum station to parking lot Project Manager Project Architect CAD Operator Engineer Construction observation Architectural Mechanical Electrical 40 hr 4 hr @ 115.00 28 hr @ 90.00 10 hr @ 60.00 6 hr 24 hr 72 hr @ 115.00 @ 90.00 @ 60.00 $ 460.00 $ 2,520.00 $ 600.00 $ 3,580.00 14 hr @ 90.00 $ $ @ 60.00 2 hr @ 115.00 16 hr @ 90.00 24 hr @ 60.00 16 hr @ 110.00 32 hr @ 75.00 Proposed fee for Architectural services Lump Sum Proposed fee as a Percentage of Construction 690.00 2,160.00 4,320.00 7,170.00 4,500.00 5,000.00 $16,670.00 1,260.00 2,400.00 3,840.00 2,500.00 2,000.00 $ 8,160.00 $ 230.00 $ 1,440.00 $ 1,440.00 $ 1,760.00 $ 4,860.00 $ 2,400.00 $ 1,000.00 $ 1 600.00 $ 5,000.00 $38,270.00 3.75% The form of agreement shall be the AEA "Standard Form of Agreement between Owner and Architect." Fee structure: Schematic Design Phase: 0.4% Preliminary sketches, consultation and review/approval of sketches, preliminary design for remodel, and code analysis of building Construction drawings & Construction phase: 3.5% Total architectural and engineering services fee: 3.9% of construction cost Bidder qualifications: 1. Experience a. J.C. Bley Oral and Maxillofacial Surgery clinic i. 2,800 s.f. tenant finish ii. Completed 2007 iii. Two exam rooms; two operatories, two recovery rooms, sterile lab, and x- ray room iv. Refer to enclosed project description for further information b. Brighton Medical Center i. 16,000 s.f new construction ii. Completed 1998 iii. Tenant finish for five individual clinic tenants c. Weld County Jail Phase 1 i. Completed 1996 ii. 2,880 s.f. clinic d. Weld County Jail Phase 3 i. Completed 2008 ii. 1,550 s.f. clinic 2. References a. Dr. J.C Bley 1707 61s1 avenue, Suite 102 Greeley CO 80634 Ph. 970.506.0350 b. Weld County Projects Mr. Pat Persichino 356-4000 I I I. I I I I I. I. I I I I The form of agreement shall he the A(A "Standard Form of Agreement between Owner and Architect." Fee structure: Schematic Design Phase: 0.4% Preliminary sketches, consultation and review/approval of sketches, preliminary design for remodel, and code analysis of building Construction drawings & Construction phase: 3.5% Total architectural and engineering services fee: 3.9% of construction cost Bidder qualifications: 1. Experience a. J.C. Bley Oral and Maxillofacial Surgery clinic i. 2,800 s.f. tenant finish Completed 2007 iii. Two exam rooms, two operatories, two recovery rooms, sterile lab, and x- ray root; Refer to enclosed project description for further information b. Brighton Medical Center i. 16,000 s.f. new construction ii. Completed 1998 iii. Tenant finish for five individual clinic tenants c. Weld County Jail Phase 1 i. Completed 1996 ii. 2,880 s.f. clinic d. Weld County Jail Phase 3 i. Completed 2008 ii. 1,550 s.f clinic 2. References a. Dr. J.C Bley 1707 61n avenue, Suite 102 Greeley CO 80634 Ph. 970.506.0350 b. Weld County Projects Mr. Pat Persichino 356-4000 HSB RENO PRESENTATION 11/16/09 My question to you today is what was the intent of the proposal as submitted 10/28/09 and what has the intent become after the posting? The posting shows a lump sum fee OR percentage fee.May I direct you're attention to the bottom of the bid proposal. Where does the proposal state lump sum OR percentage? In our opinion, the lump sum fee estimate and the percent are related and linked to an assumed budget. In this case, a simple math equation shows $1,020,000 x 3.75%=$38,270 with assumed budget of $1,020,000.The 3.75% is not clearly presented as a bid of 3.75% OF ANY CONSTRUCTION COST. If the proposer wanted to present a fee of 3.75%, why was the lump sum also presented? There is a wide disparity between the lump sum amount and the resultant fee from 3.75% on a lower actual budget. Why would the proposer give an elaborate breakout of fees for services if the lump sum has no relevance to the bid? The first workscope item with a value of $1620 was not added into the lump sum. That workscope item shall be required even if existing electronic drawings exist because of on -going renovations that have taken place over the past twenty years. To the best of our knowledge ink mylar "as -built" drawings are what the Owner currently has to work with. The additional add of $1620 to the proposed fixed fee is now $39,890 or 3.91% fee of the proposed construction cost. We have further concerns that there was an apparent oversight in not posting Bley Associates, Architects bid as stated in the proposal document. This breakdown posting is important in evaluating and assisting the county in determining a realistic project construction cost. The schematic deliverables at .4% appear to be more competitive than the RSAP hourly fee not to exceed $3600.The preliminary staging deliverables for the BA contract as stated in the proposal are complete with no exceptions. What was the intent of the proposer? Estimate or Bid? Either OR (fixed fee or percentage of construction on an undisclosed, unadvertised construction cost),exclusions of contract requirements in the staging phase of the project. In our opinion, this is conflicting , confusing, and incomplete information that compromises consideration of the contract award to RSAP. CONCLUSION The Bley Associates, Architects bid is unencumbered in every detail. Our bid represents the clearest and most competitive response to the intent and required deliverables in the RFP. OUR BID 1S 3.9% FOR ALL CONSULTING SERVICES FROM PROGRAMMING THRU OCCUPANCY COMPLETION. We would appreciate your extended consideration and support to award this contract to BA to serve the best interest of Weld County and specifically the end users of this medical facility. Thank you. Hello