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Home My WebLink About630146.tiffAUTHORIZING CHAIRMAN To SIGN CONTRACT WITH CLAUDE A. NASH, ARCHI T: WHEREAS, Claude A. Nash, Architect, has submitted a contract for architectural services for proposed alterations to Weld County Welfare Building, said services to be performed at the rate of seven dollars ($7.00) per hour plus duplicating expenses, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, after having given due consideration to the contract, and believing it to be in the best interests of Weld County, NOW, THEREFORE, BE IT RESOLVED, that the Chairman be, and he is hereby authorized to sign said contract with Claude A. Nash as aforementioned. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: ,L. j THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 6, 1963 630146 Minute Book 32:Page y;/i A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT On a Percentage Basis Including Engineering Services Copyright 1958, © 1961 by The American Institute of Architects, 1735 New York Ave., N.W., Washington 6, D. C. THIS AGREEMENT made as of the ___S I XTH day of FEBRUARY in the year Nineteen Hundred and S I XTY-THREE by and between THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,__ COLORADO hereinafter called the Owner, and CLAUDE A. NASH hereinafter called the Architect, WITNESSETH, that whereas the Owner intends to ALTER THE WELD COUNTY WELFARE..__. BUILDING,_16TH STREET AND IITH AVENUE,_GREELEY,_C0L0RADO hereinafter called the Project. NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as follows: A The Architect agrees to perform professional services for the above Project as hereinafter set forth. B The Owner agrees to pay the Architect as compensation for his services: 00 PER HOUR DUPLICATING EXPENSES 1) For his basic services $ZPLU B X X XX VOXOXIAX IMicRIX9CRIMktiMEX,k, lEj-g'ON 1N31N1]3OO''fl' hereinafter referred to as the Basic Rate, the work to be let under a single lump sum contract. lixximv )kBo01i9tX Xr14,(X7nf1@xxx C Sf XsTxxxxxxxxXXXXXXXXX'RX9EXkkXXXXxxx x 13oxydometxtuexX Vexd4XtXa` i iVrifaiXNIX DOW RXtk tpXX XXX XXX X X X XiXe,X XXIXXCXXXXXX7O)X XJ9< ldirXaY&Xxx-x xCA4pathX adeY)4ktter`hXrtataimx%3YuXWa`g XsXXi)$ tXii XMAXt&X XXXXXXX XXXXXXXXXXXX--XX>txXXXXxY$t`41Kd(tt'Ee'ciClQd'rb/oY,iG3()aile(3'sX3i d('iXXitt`kkAXHateiXaMX iicYti'tEg)faXiX(X) z7CeiIX XtX$(XXXXXXXX XHXXX )XXilthl4i 1161exd4.4Xtxd<XsxiteX14KD0elfe`[IKati(rXXX4frlielXX/XtXXI GilriblIKIXotfrXidofDK C The parties hereto further agree to the following conditions: I BASIC SERVICES OF THE ARCHITECT Schematic Design Phase a) The Architect shall consult with the Owner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. b) He shall prepare schematic design studies leading to a recommended solution together with a general description of the Project for approval by the Owner. c) He shall submit to the Owner a statement of the prob- able project construction cost based on current area, volume or other unit costs. 2 Design Development Phase a) The Architect shall prepare from the approved schematic design studies, the design development documents consisting of plans, elevations and other drawings, and outline specifi- cations, to fix and illustrate the size and character of the entire Project in its essentials as to kinds of materials, type of structure, mechanical and electrical systems and such other work as may be required. b) He shall submit to the Owner a further statement of the probable project construction cost and, if authorized by the Owner, obtain a semi -detailed estimate of such cost. 3 Construction Documents Phase a) The Architect shall prepare from the approved design development documents, working drawings and specifica- tions setting forth in detail and prescribing the work to be done, and the materials, workmanship, finishes, and equip- ment required for the architectural, structural, mechanical. electrical, service -connected equipment, and site work, and the necessary bidding information, General Conditions of the Contract, and Supplementary General Conditions of the Contract, and shall assist in the drafting of proposal and contract forms. b) He shall keep the Owner informed of any adjustments to previous statements of the probable project construction cost indicated by changes in scope, requirements or market conditions. c) The Architect shall be responsible for filing the required documents to secure approval of governmental authorities having jurisdiction over the design of the Project. 4 Construction Phase —General Administration of Construction Contracts a) The Architect shall assist the Owner in obtaining pro- posals from Contractors and in awarding and preparing construction contracts. To the extent provided by the con- tract between the Owner and the Contractor, he shall make decisions on all claims of the Owner and Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. h) He shall check and approve samples, schedules, shop drawings and other submissions only for conformance with the design concept of the Project and for compliance with the information given by the Contract Documents, prepare change orders and assemble written guarantees required of the Contractors. c) The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is pro- ceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the work and he will not be responsible for the Contractors' failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of his observations while at the site, he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors, and he may condemn work as failing to conform to the Contract Documents. Based on such observations and the Contractors' Applications for Payment, he will determine the amount owing to the Contractor and will issue Certificates for Payment in such amounts. These Certificates will constitute a representation to the Owner. based on such observations and the data comprising the Application for Payment, that the work has progressed to the point indicated. By issuing a Certificate for Payment, the Architect will also represent to the Owner that, to the best of his knowledge, information and belief based on what his observations have revealed, the quality of the work is in accordance with the Contract Documents. He will conduct inspections to determine the dates of substantial and final completion and issue a final Certificate for Payment. d) If more extensive representation at the site is required. the conditions under which such representation shall be furnished and a Project Representative selected, employed and directed, shall be agreed to by the Owner and the Architect and set forth in an exhibit to this Agreement. II EXTRA SERVICES OF THE ARCHITECT The following services, if performed due to unusual circum- stances, cause the Architect extra expense, and shall be paid for by the Owner as a Multiple of Direct Personnel Expense: I Making planning surveys and special analyses of the Owner's needs to clarify requirements of the Project when requested by the Owner. 2 Making measured drawings of existing construction when required for planning additions or alterations thereto. 3 Revising previously approved drawings or specifications to accomplish changes ordered by the Owner. 4 Preparing documents for alternate bids and change orders requested by the Owner. 5 Consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing professional services of the types set forth in paragraph C I above as may be required in connection with the replacement of such work. 6 Arranging for the work to proceed should the contractor default due to delinquency or insolvency. 7 Providing prolonged contract administration and observation of construction should the construction contract time he exceeded by more than 25% due to no fault of the Architect. 8 Preparing as -built drawings showing construction changes in the work and final locations of mechanical service lines and outlets, if requested by the Owner. 9 Making an inspection of the Project prior to expiration of the guarantee period and reporting observed discrepancies under guarantees provided by the construction contracts, if requested by the Owner. III THE OWNER'S RESPONSIBILITIES I The Owner shall provide full information as to his require- ments for the Project. 2 He shall designate, when necessary, representatives author- ized to act in his behalf. He shall examine documents sub- mitted by the Architect and render decisions pertaining thereto promptly, to avoid unreasonable delay in the prog- ress of the Architect's work. He shall observe the procedure of issuing orders to contractors only through the Architect. 3 He shall furnish or direct the Architect to obtain at the Owner's expense, a certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements, and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the building site; locations, dimensions, and complete data pertaining to existing buildings, other im- provements and trees; full information as to available serv- ice and utility lines both public and private; and test bor- ings and pits necessary for determining subsoil conditions. 4 He shall pay for structural, chemical, mechanical, soil me- chanics or other tests and reports if required. 5 He shall arrange and pay for such legal and auditing serv- ices as may be required for the Project. 6 If the Owner observes or otherwise becomes aware of any defect in the Project, he shall give prompt written notice thereof to the Architect. IV PROJECT CONSTRUCTION COST Project construction cost as herein referred to means the total cost of all work designed or specified by the Architect, but does not include any payments made to the Architect or consultants. 2 Project construction cost shall be based upon one of the following sources with precedence in the order listed: a) Lowest acceptable bona fide Contractor's proposal re- ceived for any or all portions of the Project. b) Estimate of project construction cost as defined in para- graph 4 below. c) The Architect's latest statement of probable project con- struction cost based on current area, volume or other unit costs. 3 When labor or material is furnished by the Owner, the project construction cost shall include such labor and material at current market cost. - 4 If a fixed limit of project construction cost is stated herein, or if otherwise authorized by the Owner, estimates of the project construction cost prepared in semi -detailed or de- tailed form by an experienced estimator will be secured by the Architect during the Design Development or Construc- tion Documents Phase. 5 If the estimated project construction cost or the lowest bona fide proposal is in excess of any limit stated herein, the Owner shall give written approval of an increase in the limit, or he shall cooperate in revising the project scope or quality, or both, to reduce the cost as required. 6 Since the Architect has no control over the cost of labor and materials, or competitive bidding, he does not guarantee the accuracy of any statements or estimates of probable construction cost. V THE ARCHITECT'S EXPENSE Direct Personnel Expense includes that of principals and employees engaged on the Project including architects, engineers, designers, job captains, draftsmen, specification writers, typists and Project Representatives, in consultation, research, designing, producing drawings, specifications and other documents pertaining to the Project, and services dur- ing construction at the Project site. Employees' time shall he at their regular rates of pay. 2 Reimbursable Expense includes actual expenditures made by the Architect in the interest of the Project for the following incidental expenses. a) Expense of transportation and living of principals and employees when traveling in connection with the Project; long distance calls and telegrams; reproduction of drawings and specifications, excluding copies for Architect's office use and duplicate sets at each phase for the Owner's review and approval; and fees paid for securing approval of authorities having jurisdiction over the Project. b) If authorized in advance by the Owner, the expense of Project Representative, overtime work requiring higher than regular rates, semi -detailed and detailed estimates of project construction cost, perspectives or models for the Owner's use. c) If their employment is authorized in advance by the Owner, fees of special consultants, for other than the normal structural, mechanical and electrical engineering services. VI PAYMENTS TO THE ARCHITECT Payments on account of the Architect's basic services shall he as follows: a) A primary payment of 5 per cent of the compensation for basic services, payable upon the execution of the Agree- ment, is the minimum payment under the Agreement. b) Subsequent payments shall be made monthly in pro- Owner WELD COUNTY_,_COLORADO CHAIRMAN, BOARD OF portion to services performed to increase the compensation for basic services to the following percentages at the com- pletion of each phase of the work: 1 Schematic Design Phase 15% 2 Design Development Phase 35% 3 Construction Documents Phase 75% 4 Receipt of Bids 80% 5 Construction Phase 100% 2 Payments for extra services of the Architect as defined in Article II above, and for Reimbursable Expense as defined in Article V, paragraph 2, shall be made monthly upon presentation of Architect's detailed invoice. 3 No deduction shall be made from the Architect's compen- sation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 4 If any work designed or specified by the Architect during any phase of service is abandoned or suspended in whole or in part, the Architect is to be paid for the service per- formed on account of it prior to receipt of written notice from the Owner of such abandonment or suspension, to- gether with reimbursements then due and any terminal expense resulting from abandonment or suspension for more than three months. VII ACCOUNTING RECORDS OF THE ARCHITECT Records of the Architect's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this Project and records of accounts between the Owner and Contractor shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized repre- sentative at mutually convenient times. VIII TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days' written notice should the odic: party fail sub- stantially to perform in accordance with its terms through no fault of the other. In the event of termination, due to the fault of others than the Architect, the Architect shall be paid for services performed to termination date, including reimbursements then due, plus terminal expense. IX OWNERSHIP OF DOCUMENTS Drawings and specifications as instruments of service art the property of the Architect whether the Project for which they are made be executed or not. They are not to be used on other projects except by agreement in writing. X SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his part- ners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. XI ARBITRATION Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accord- ance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects. This Agreement shall be specifically enforce- able under the prevailing arbitration law and judgment upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. The decisions of the arbitrators shall be condition precedent to the right of any legal action. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. Architect___ Q' t T'OUNTY COMMISSIONERS R 'G (RCEEL; . s 1 E ' E. l FEB 6 1963 4:7. CD PAL 4171S1lI1Qpiul i$41416i� AU A. NASH A.I.A. ARC H I T EC T 1860 SOUTH PEARL STREET • DENVER 10, COLORADO • TELEPHONE 733.8261 O 100 2 NINTH STREET • GREELEY. COLORADO • FEBRUARY 5, 1963 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY WELD COUNTY COURT HOUSE GREELEY, COLORADO TELEPHONE 352.1038 RE: ARCHITECTURAL SERVICES FOR PROPOSED ALTERATIONS TO WELD COUNTY WELFARE BUILDING, 16TH STREET AND IITH AVENUE, GREELEY, COLORADO GENTLEMEN: IT IS OUR UNDERSTANDING YOU DESIRE ARCHITECTURAL SERVICES FOR ALTERATIONS TO THE ABOVE REFERENCED BUILDING. ALSO, THE EXTENT OF SERVICES REQUIRED OF US IS NOT DETERMINABLE AT THIS TIME. THEREFORE, I AM SETTING FORTH HEREIN THE TERMS OF OUR EMPLOYMENT FOR YOUR FORMAL APPROVAL. WE WILL PROVIDE SUCH ARCHITECTURAL SERVICES AS YOU REQUIRE OR AS ARE NEEDED TO ACCOMPLISH THE ALTERATIONS AT THE RATE OF SEVEN DOLLARS ($7.00) PER HOUR PLUS DUPLICATING EXPENSES. THE STANDARD AGREEMENT FORM B-I3I OF THE AMERICAN INSTITUTE OF ARCHITECTS, 1961 EDITION, SHALL, WHERE APPLICABLE, SUPPLEMENT THIS LETTER AGREEMENT. A COPY OF THE FOREGOING FORM IS ATTACHED. IF THE FOREGOING TERMS ARE ACCEPTABLE, PLEASE SIGN AND RETURN ONE (I) COPY OF THIS LETTER. THIS AGREEMENT WILL THEN BE IN FULL FORCE AND EFFECT. VERY TRULY YOURS, CLAUDE A. NASH, ARCHITECT CLAUDE CN/ES A. NASH, A.I.A. APPROVED: BOARD OF COUNTY COMMISSIONERS, WELD COUNTY : DATE February 6, 1963 MEMBER AMERICAN INSTITUTE OF ARCHITECTS Hello