The URL can be used to link to this page

Browse Search

Home My WebLink About840231.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY COMMISSIONERS AND ROCHE CONSTRUCTORS , INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has been presented an agreement with Roche Constructors, Inc. for services in conjunction with the 1984 renovation of Weld County Centennial Center Phase II - Law Enforcement Building in Greeley, and WHEREAS, the terms and conditions are as stated in the agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS , after study and review, the Board deems it advisable to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that agreement between Weld County and Roche Constructors, Inc. for services in conjuntion with the 1984 revocation of Weld County Centennial Center Phase II - Law Enforcement Building in Greeley, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to said said agreement. 840231 /4/ I I ,.t, f /u The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: ./ WELD COUNTY, COLORADO Weld County lerk and Recorder C and Clerk to the Board Norman Carlson, Chairman ' BY: C7Zc�,r l/� flhsn !oTem t�P i Deputy County erk / APPROVED AS TO FORM: Gene R. Brantner //////JJ Ch Carlson 62 County ttorney 4444 , 222iizLTia,/ J n T. Martin AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AGREEMENT, made this 10th day of December , 1984, between The Board of Weld County Commissioners , hereinafter called "the Owner", and Roche Constructors , Inc. , hereinafter called "the Construction Manager" . For services in connection with the following described Project: 1984 Renovation To: Weld County Centennial Center Phase II - Law Enforcement Building in Greeley, Colorado. The Architect for the Project is Boer and Roberts , Architects . The Owner and the Construction Manager agree as set forth below: ARTICLE 1 CONSTRUCTION MANAGER'S SERVICES The Construction Manager will perform the following services under this Agreement as described below: Project Control : Monitor the Work of the Trade Contractors and coordinate the Work with the activities and responsibilities of the Owner, Architect/ Engineer and Construction Manager to complete the Project in accordance with the Owner's objectives of cost, time and quality. Maintain a competent full-time staff at the Project site to coordinate and provide general direction of the Work and progress of the Trade Contractors on the Project. Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team. Establish procedures for coordination among the Owner, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Project and implement such procedures . Schedule and conduct progress meetings at which Trade Contractors , Owner, Architect/Engineer and Construction Manager can discuss jointly such matters as procedures, progress , problems and scheduling. Provide regular monitoring of the schedule as construction progresses . Identify potential variances between scheduled and probable completion dates. Review schedule for Work not started or incomplete and recommend to the Owner and Trade Contractors adjustments in the schedule to meet the probable completion date. Provide summary reports of each monitoring and document all changes in schedule. Determine the adequacy of the Trade Contractors ' personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Owner when requirements of a Trade Contract are not being met. Physical Construction: Provide all supervision, labor, materials, con- struction equipment, tools and subcontract items which are necessary for the completion of the Project which are not provided by either the Trade Con- tractors or the Owner. To the extentthat the Construction Manager performs any Work, with his own forces, he shall , with respect to such Work, be bound to the extent notinconsistent with this Agreement, by the procedures and the obligations with respect to such Work as may govern the Trade Contractors under any General Conditions to the Trade Contracts. Cost Control : Develop and monitor an effective system of Project cost control . Revise and refine the initially approved Project Construction Budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect/Engineer whenever projected cost exceeds budgets or estimates. Maintain cost accounting records on authorized Work performed under unit costs, actual costs for labor and material , or other bases requiring account- ing records. Afford the Owner access to these records and preserve them for a period of three (3) years after final payment. Change Orders: Develop and implement a system for the preparation, review and processing of Change Orders. Recommend necessary or desirable changes to the Owner and the Architect/Engineer, review requests for changes , submit recommendations to the Owner and the Architect/Engineer, and assist in negotiating Change Orders. Payments to Trade Contractors: Develop and implement a procedure for the review, processing and payment of applications by Trade Contractors for progress and final payments. Permits and Fees : Assist the Owner and Architect/Engineer in obtaining all building permits and special permits for permanent improvements , excluding permits for inspection or temporary facilities required to be obtained directly by the various Trade Contractors. Assist in obtaining approvals from all the authorities having jurisdiction. Owner's Consultants: If required, assist the Owner in selecting and retaining professional services of a surveyor, testing laboratories and special consultants, and coordinate these services. Inspection: Inspect the Work of Trade Contractors for defects and de- ficiencies in the Work without assuming any of the Architect/Engineer's responsibilities for inspection. Review the safety programs of each of the Trade Contractors and make appropriate recommendations and carrying out such reviews , he shall not be required to make exhaustive or continuous inspections to check safety pre- cautions and programs in connection with the Project. The performance of -2- such services by the Construction Manager shall not relieve the Trade Contractors of their responsibilities for the safety of persons and property, and for com- pliance with all federal , state and local statutes, rules, regulations and orders applicable to the conduct of the Work. Document Interpretation: Refer all questions for interpretation of the documents prepared by the Architect/Engineer to the Architect/Engineer. Shop Drawings and Samples: In collaboration with the Architect/Engineer, establish and implement procedures for expediting the processing and approval of shop drawings and samples. Reports and Project Site Documents: Record the progress of the Project. Submit written progress reports to the Owner and the Architect/Engineer includ- ing information on the Trade Contractors' Work, and the percentage of completion. Keep a daily log available to the Owner and the Architect/Engineer. Maintain at the Project site, on a current basis: records of all necessary Contracts, Drawings, samples, purchases, materials , equipment, maintenance and operating manuals and instructions, and other construction related docu- ments, including all revisions. Obtain data from Trade Contractors and maintain a current set of record Drawings, Specifications and operating manuals. At the completion of the Project, deliver all such records to the Owner. Substantial Completion: Determine Substantial Completion of the Work or designated portions thereof and prepare for the Architect/Engineer a list of incomplete or unsatisfactory items and a schedule for their completion. Start-Up: With the Owner's maintenance personnel , direct the check-out of utilities , operations systems and equipment for readiness and assist in their initial start-up and testing by the Trade Contractors. Final Completion: Determine final completion and provide written notice to the Owner and Architect/Engineer that the Work is ready for final inspection. Secure and transmit to the Architect/Engineer required guarantees, affidavits, releases, bonds and waivers. Turn over to the Owner all keys, manuals , record _ drawings and maintenance stocks. Warranty: Where any Work is performed by the Construction Manager's own forces or by Trade Contractors under contract with the Construction Manager, the Construction Manager shall warrant that all materials and equipment included in such Work will be new, unless otherwise specified, and that such Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications . With respect to the same Work, the Construction Manager further agrees to correct all work defective in material and workmanship for a period of one year from the Date of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications . The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others. -3- ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information regarding his requirements for the project. The Owner shall designate a representative who shall be fully acquainted with the project and has authority to approve Project Construction Budgets, Changes in the Project, render decisions promptly and furnish information expeditiously. The Owner shall retain an Architect/Engineer for design and to prepare con- struction documents for the Project. The Architect/Engineer's services, duties and responsibilities are described in the Agreement between the Owner and the Architect/Engineer, a copy of which will be furnished to the Construction Manager. The Agreement between the Owner and the Architect/Engineer shall not be modified without written notification to the Construction Manager. The Owner shall furnish for the site of the Project all necessary surveys describing the physical characteristics, soil reports and subsurface investi- gations, legal limitations, utility locations, and a legal description. The Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. The Owner shall furnish such legal services as may be necessary and such auditing services as he may require. The Construction Manager will be furnished without charge all copies of Draw- ings and Specifications reasonably necessary for the execution of the Work. The Owner shall provide the insurance for the Project and shall bear the cost of any bonds required. The services, information, surveys and reports required by the above para- graphs shall be furnished with reasonable promptness at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. If the Owner becomes aware of any fault or defect in the Project or non- conformance with the Drawings and Specifications , he shall give prompt written notice thereof to the Construction Manager. The Owner shall furnish reasonable evidence satisfactory to the Construction Manager that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, the Construction Manager is not required to commence any Work, or may, if such evidence is not presented within a reasonable time, stop the Project upon 15 days notice to the Owner. The Owner shall communicate with the Trade Contractors only through the Con- struction Manager. -4- ARTICLE 3 TRADE CONTRACTS All portions of the Project that the Construction Manager does not perform with his own forces shall be performed under Trade Contracts . The Construction Manager shall request and receive proposals from Trade Contractors and Trade Contracts will be awarded after the proposals are reviewed by the Architect/ Engineer, Construction Manager and Owner. If the Owner refuses to accept a Trade Contractor recommended by the Construction Manager, the Construction Manager shall recommend an acceptable substitute. Unless otherwise directed by the Owner, Trade Contracts will be between the Owner and the Trade Contractors . ARTICLE 4 CONSTRUCTION MANAGER'S FEE In consideration of the performance of the Contract, the Owner agrees to pay the Construction Manager in current funds as compensation for his services a Construction Manager' s Fee as set forth in subsequent paragraphs. For work or services performed during the Construction Phase, a fee of Five and One-half Percent (5j%) of the Cost of Construction which shall be paid proportion- ately to the ratio the monthly payment for the Cost of the Project bears to the estimated cost. Any balance of this fee shall be paid at the time of final payment. Adjustments in Fee shall be made as follows: For Changes in the Project as provided in Article 6, the Construction Manager's Fee shall be adjusted as follows : 1 . For delays in the Project not the responsibility of the Construction Manager, there will be an equitable adjustment in the fee to compensate the Construction Manager for his increased expenses. 2. The Construction Manager shall be paid an additional fee in the same proportion as set forth in Article 6 if the Construction Manager is placed in charge of the reconstruction of any insured or uninsured loss. Included in the Construction Manager' s Fee are the following: 1 . Salaries or other compensation of the Construction Manager's employees at the principal office and branch offices, except employees listed in Article 5, paragraph 4. 2. General operation expenses of the Construction Manager' s principal and branch offices other than the field office. 3. Any part of the Construction Manager's capital expenses , including interest on the Construction Manager's capital employed for the project. -5- 4. Overhead or general expenses of any kind, except as may be expressly included in Article 5. 5. Cost of data processing services. Roche Constructors , Inc. will provide preconstruction services at the following hourly rates : Principal $30.00/hour Project Manager 25 .00/hour Estimator 22.00/hour The preconstruction services include, but are not specifically limited to, scheduling, estimating, subcontractor solicitation, and other items required to prepare the final cost estimate. Our estimate of these costs is $4,000.00 to $5,000.00. These fees become payable in the event the project does not proceed into the Construction Phase. These costs become a part of our Con- struction Manager's Fee upon proceeding into the Construction Phase. ARTICLE 5 COST OF THE PROJECT The term Cost of the Project shall mean costs necessarily incurred in the Project during either the Design or Construction Phase, and paid by the Construction Mana- ger, or by the Owner if the Owner is directly paying Trade Contractors upon the Construction Manager's approval and direction. Such costs shall include the items set forth below in this Article. The Owner agrees to pay the Construction Manager for the Cost of the Project as defined in Article 5. Such payment shall be in addition to the Construction Manager's Fee stipulated in Article 4. COST ITEMS Wages paid for labor in the direct employ of the Construction Manager in the performance of his Work under applicable collective bargaining agreements , or under a salary or wage schedule agreed upon by the Owner and Construction Man- ager, and including such welfare or other benefits , if any, as may be payable with respect thereto. Salaries of the Construction Manager' s employees when stationed at the field office, in whatever capacity employed, employees engaged on the road in expe- diting the production or transportation of materials and equipment, and employees in the main or branch office performing the functions listed below: Cost of all employee benefits and taxes for such items as unemployment compen- sation and social security, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Construction Manager and included in the Cost of the Project. The proportion of reasonable transportation, traveling, moving, and hotel expenses of the Construction Manager or of his officers or employees incurred in discharge of duties connected with the Project. -6- Cost of all materials , supplies and equipment incorporated in the Project, including costs of transportation and storage thereof. Payments made by the Construction Manager or Owner to Trade Contractors for their Work performed pursuant to contract under this Agreement. Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in the performance of the Work, and cost less salvage value on such items used but not consumed which remain the property of the Construction Manager. Rental charges of all necessary machinery and equipment, exclusive of hand tools used at the site of the Project, whether rented from the Construction Manager or other, including installation, repairs and replacements , dismantling, removal , costs of lubrication, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. Cost of the premiums for all insurance which the Construction Manager is required to procure by this Agreement or is deemed necessary by the Construction Manager. Sales , use, gross receipts or similar taxes related to the Project imposed by any governmental authority, and for which the Construction Manager is liable. Permit fees , licenses, tests , royalties, damages for infringement of patents and costs of defending suits therefor, and deposits lost for causes other than the Construction Manager's negligence. If royalties or losses and damages, including costs of defense, are incurred which arise from a particular design, process , or the product of a particular manufacturer or manufacturers specified by the Owner or Architect/Engineer, and the Construction Manager has no reason to believe there will be infringement of patent rights, such royalties, losses and damages shall be paid by the Owner. Losses, expenses or damages to the extent not compensated by insurance or otherwise (including settlement made with the written approval of the Owner) . The cost of corrective work. Minor expenses such as telegrams , long-distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Project. Cost of removal of all debris . Cost incurred due to an emergency affecting the safety of persons and property. Legal costs reasonably and properly resulting from prosecution of the Project for the Owner. All costs directly incurred in the performance of the Project and not included in the Construction Manager' s fee. ARTICLE 6 CHANGES IN THE PROJECT The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions -7- or other revisions, the Construction Completion Date being adjusted accordingly. All such changes in the Project shall be authorized by Change Order. Minor Changes in the Project: The Architect/Engineer will have authority to order minor Changes in the Project involving an adjustment in the Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such Changes may be effected by written order and shall be binding on the Owner and the Construction Manager. Emergencies : In any emergency affecting the safety of persons or property, the Construction Manager shall act, at his discretion, to prevent threatened damage, injury or loss . ARTICLE 7 DISCOUNTS All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Project is paid directly by the Owner or from a fund made avail- able by the Owner to the Construction Manager for such payments . To the extent the Cost of the Project is paid with funds of the Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equip- ment, shall be credited to the Cost of the Project. ARTICLE 8 PAYMENTS TO THE CONSTRUCTION MANAGER The Construction Manager shall submit monthly to the Owner a statement, sworn to if required, showing in detail all monies paid out, costs accumulated or costs incurred on account of the Cost of the Project during the previous month and the amount of the Construction Manager's Fee due. Payment by the Owner to the Construction Manager of the statement amount shall be made within ten (10) days after it is submitted. Final payment constituting the unpaid balance of the Cost of the Project and the Construction Manager' s Fee shall be due and payable when the Project is delivered to the Owner, ready for beneficial occupancy, or when the Owner occupies the Project, whichever event first occurs, provided that the Project be then substantially completed and this Agreement substantially performed. If there should remain minor items to be completed, the Construction Manager and Architect/Engineer shall list such items and the Construction Manager shall deliver, in writing, his unconditional promise to complete said items within a reasonable time thereafter. An appropriate amount of the Construction Manager's fee will be retained until completed. ARTICLE 9 INSURANCE CONSTRUCTION MANAGER'S LIABILITY INSURANCE The Construction Manager shall purchase and maintain such insurance as will protect him from the claims which may arise out of or result from the Construc- tion Manager' s operations under this Agreement. The limits of this insurance shall be as follows : -8- 1 . General Liability - Bodily Injury and Property Damage Combined : $750,000.00 each occurrence; $1 ,500,000.00 aggregate. 2. General Liability - Personal Injury: $1 ,500,000.00 aggregate. 3. Automobile Liability - Bodily Injury and Property Damage Combined: $500,000.00 each occurrence. 4. Workers ' Compensation: Statutory. 5. Employers ' Liability: $100,000.00 each accident. OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under this Agreement. INSURANCE TO PROTECT PROJECT The Owner shall purchase and maintain property insurance in a form acceptable to the Construction Manager upon the entire Project for the full cost of replacement as of the time of any loss . This insurance shall include as named insureds the Owner, the Construction Manager, Trade Contractors and their Trade Subcontractors and shall insure against loss from the perils of Fire, Extended Coverage, and shall include "All Risk" insurance for physical loss or damage including without duplication of coverage at least theft, van- dalism, malicious mischief, transit, collapse, flood , earthquake, testing, and damage resulting from defective design, workmanship or material . The Owner will increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner will be responsible for any co-insurance penalties or deduc- tibles . If the Project covers an addition to or is adjacent to an existing building, the Construction Manager, Trade Contractors and their Trade Subcon- tractors shall be named as additional insureds under the Owner's Property Insurance covering such building and its contents. PROPERTY INSURANCE LOSS ADJUSTMENT Any insured loss shall be adjusted with the Owner and the Construction Manager and made payable to the Owner and Construction Manager as trustees for the insureds , as their interests may appear, subject to any applicable mortgagee clause. ARTICLE 10 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days ' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating termination. In the event of termination due to the fault of others than the Construction Manager, the Construction Manager shall be paid his compensation plus Reimbursable Expenses for services performed to termination date and all termination expenses . -9- Termination expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount computed as a percentage of the total compensation earned to the time of termination, as follows: Ten Percent (10%) if termination occurs during the Construction Phase. ARTICLE 11 ASSIGNMENT AND GOVERNING LAW Neither the Owner nor the Construction Manager shall assign his interest in this Agreement without the written consent of the other except as to the assign- ment of proceeds . This Agreement shall be governed by the law of the place where the Project is located. ARTICLE 12 ARBITRATION All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof, except with respect to the Architect/ Engineer's decision on matters relating to artistic effect, and except for claims which have been waived by the making or acceptance of final payment shall be decided by artibration in accordance with the Construction Industry Arbi- tration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it 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 . The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Unless otherwise agreed in writing, the Construction Manager shall carry on the Work and maintain the Construction Completion Date during any arbitration pro- ceedings , and the Owner shall continue to make payments in accordance with this Agreement. All claims which are related to or dependent upon each other, shall be heard by the same arbitrator or arbitrators even though the parties are not the same unless a specific contract prohibits such consolidation. This Agreement executed the day and year first above written. EST: THE BOARD OF WELD COUNTY COMMISSIONERS 1f -,.,r,,, 17A- cc BY ATTEST: � ROCHE CONSTRUCTORS, INC. ' �� Ry "‘X Eat Mt3ippAi7 Hello