HomeMy WebLinkAboutbocc.con.057.2001 ` STAFF AUTHORIZED SIGNATURE
CONTRACT #CJ 5�(t7t
FCI CONSTRUCTORS, INC
STANDARD FORM OF AGREEMENT FOR
PRELIMINARY DESIGN/BUILD SERVICES
Date: January 31, 2001
Contracting Party: RFTA
0051 Service Center Drive
Aspen, CO 81611
Project: Glenwood Springs RFTA Site Design Development
This is an agreement for Design Build services to be furnished by FCI
Constructors, Inc, (the Design Builder) and DPA Architectural Group to the
contracting party in accordance with the following mutually agreed conditions:
SCOPE OF WORK: Provide Schematic and Design Development design and
estimating services for the new RFTA Maintenance Center to be located on the
western side of the site for the Glenwood Springs MOC facility. Upon
completion of the work included in this scope, the plans and specifications will
be complete enough to submit for planning and zoning approval with the city of
Glenwood Springs as well as to prepare a detailed, but not final, cost estimate
for the project. If the Owner elects to proceed with the project, there will still be
additional design services required to get the plans to a point suitable for
bidding and construction. The following is our current schedule:
- Schematic design complete to present concept to City Council 03/15/01
- Cost estimate to RFTA Board 04/11/01
- Design Development design to submit major
development to P8Z 04/24/01
FEE FOR SERVICES: Fees for basic services ($115,000.00) will be billed
based on lump sum amounts for completed work as outlined in attached task list.
Any work not outlined in the attached task list and requested by RFTA will be
billed hourly at the standard hourly rates. (See attached schedule.) In addition,
reimbursable expenses such as reproduction of drawings, travel, long distance
communication or fees paid that may be incurred to accomplish the above scope
of service or coordination time required by any third party groups not previously
mentioned in this proposal shall be billed at the attached rate schedule.
Contracting party agrees to pay any and all reasonable fees and legal cost
associated with collection of past due amounts.
Q V Ay Docurnanls%RFTA DO Owner Agreemenl.0oc
STANDARD FORM OF AGREEMENT FOR
DESIGN BUILD SERVICES Page 2
Invoices will be billed bi-monthly and are due upon receipt. All outstanding in-
voice amounts will be considered past due 15 days after the invoice date. Past
due invoices will be invoiced a late payment charge of 1.5% per month until
balance is paid in full.
STOP WORK: This agreement may be terminated and/or suspended by either
party upon not less than five days' written notice. The Design Builder shall be
compensated for services performed prior to notice of suspension and/or
termination. The Design Builder shall be compensated for expenses incurred for
interruption of services. At the Design Builder's election, we may treat a failure
to pay as a suspension by the Owner of the design builder's services. The
Design Builder shall notify the Owner in writing if such election is made. If such
election is made, the Design Builder shall be paid and shall have the rights as
are otherwise set forth in this agreement. In the event of such election, the
Design Builder shall have no liability to the Owner because of suspension of
services, and the Owner agrees to indemnify and defend the Design Builder '
from and against all claims by third parties because of suspension of services.
ADDITIONAL WORK: Any work requested by the contracting party not defined
in the above scope of work is deemed additional work and shall be invoiced
based on the Design Builder's standard hourly rates.
OWNERSHIP OF DOCUMENTS: Original documents, including but not limited
to designs, drawings, field notes, specifications, electronic media, cost estimates
and data are and remain the property of the Design Builder. The contracting
party may obtain reproducible copies of the documents in accordance with
additional work.
LIMITS OF LIABILITY: The risks have been allocated such that the Owner
agrees that, to the fullest extent permitted by law, the Design Builder's total
liability to Owner for any and all injuries, claim, losses, expenses, damages, or
claim expenses arising out of this agreement from any cause or causes shall not
exceed the total amount of $50,000.00. Such causes include but are not limited
to the Design Builder's negligence, error, omissions, strict liability, breach of
contract or breach of warranty. If the Owner elects to exclude professional
services of Construction Administration or the review or site observation of the
contractor's work or performance to be performed under this Agreement by the
Architect and his consultants, it is agreed that the Owner will defend, indemnify
and hold harmless the Architect and his Consultants from any claim or suit
whatsoever, including but not limited to all payments, expenses or costs involved
arising from or alleged to have arisen from the Contractor's performance or the
failure of the Contractor's work to conform to the design intent and the contract
documents. If the Owner may choose to act as its own general contractor or
C:"Oocu v4ftViFTA 00 Owr*r A{mrwd.0uc
STANDARD FORM OF AGREEMENT FOR
nESIGN BUILD SERVICES Page 3
may choose to instruct a contractor to deviate from the Contract Documents,
therefore, the Owner hereby indemnifies and holds harmless the Architect and
his consultants from and against all claims, damages, losses and expenses,
including but not limited to attorneys fees, arising out of, in connection with or
resulting from the performance of any construction where there has been a
deviation from any document prepared by the Architect or his consultants or
where there has been a failure to follow any written recommendations of the
Architect or his consultants.
ACCEPTANCE: The Design Builder's receipt of this executed agreement is
expected within five (5) working days of the date shown hereon. Acceptance
after five days is subject to the Design Builder's other contracts in progress and
the performance hereof. If the Design Builder is verbally requested by the
contracting party to proceed with any work prior to execution of the agreement,
any work done will be on these terms.
The undersigned parties acknowledge the terms of this Agreement that repre-
sents the entire mutual agreement between the Design Builder and the
undersigned contracting party, and this agreement supersedes all prior
negotiations, representations or agreements, written or verbal, prior to execution
date of the contracting party below. Please execute and return a copy to the
Design Builder as authorization to begin work.
FCI Constructors, Inc. RFTA
By: By:
A'11AAA
Ed Forsman
Date: Date: J- 6�
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