HomeMy WebLinkAboutbocc.res.096.1977 . �, _
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BOARD OF COUNTX COMMISSIONERS
PITKIN COUNTY �
Resolution No. 77- G/�v j
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AUTHORIZING THE FILING AN AN APPLICATION FOR A GRANT WITH THE I
ECONOMIC DEVELOPMENT ADMINISTRATION FOR TIiE PITKIN COIINTY COM- , �
' MUNITY CENTER PROJECT
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WHEREAS, the existinq Aspen Valley Hospital facility
will be vacated in the Fall of 1977 and. the building and land I .
will revert to Pitkin County ownership, and • i,
WHE1tEA5, the Board of County Commissioners desire to �
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create a community service facility for the benefits of the �
citizens of Pitkin County as identified in Resolution No. 76-149, '
and �
F7HEREAS, The Community Facilities Board Task Force/
Old Hospital in conjunction with the Human Resources Depart-
ment recommended that the hospital facility to be vacated �
accommodate community center activities and a care center �
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for the elderly at the residential level, and ;
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WHEREAS, this recommendation was supported by motion I.
of the Community Facilities Board at their August 2, 1977, I
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meeting, and
WHEREAS, it was the decision of the County Commissioners ;
in their staff ineeting on August 3, 1977, to request funds from �
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the Economic Development Administration under the Local Public �
Works Capital Development and Investment Program £or the (
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purpose of renovating the hospital building and preparing �
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surrounding land for this use, �
NOW THEREFORE BE IT RESOLVED by the Board of County k
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� Commissioners of Pitkin County, Colorado: �
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1. That there may be authorized and executed on �
behalf of Pitkin County an application (including
all understandings and assurances contained therein)
with the U.S. Department of Commerce, EDA, to aid
in the financing of this Community Center P�ject. '
2. That Nina Johnston, Administrative Assistant, shall
act as its official representative with respect to
such application, and is hereby directed and
authorized to act in connection with the application
and to provide such additional information as may
be required.
SE IT FURTHER RESOLVED that, in order to facilitate
the application of any proceeds derived from the EDA, that
George Ochs, County Manager, is authorized to contract with
an architectural firm to begin the design of the improvements
proposed for the hospital building. �o�¢ ��ZC�7�CC��
DATE: R•�• 77
BOARD OF COUNTY COMMISSIONERS
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Mi hael Ki s y
Chairman
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�ATTEST:'` �'F-:.
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, 1�cP�RO`�E}� AS'TO EORM:
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Sandra M. S uller
County Attorney
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THE AMERICAN INSTITUTE OF ARCHtTECTS �
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A/A Dotument B141
Standard Form of Agreement Between
Owner and Architect
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THIS DOCUMENT HAS tMPORTAN7 LEGAL CONSEQUENCES;CONSULTA710N W1TH . . �� .
,�_ AN ATTORNEY 15 ENCOl1RAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION �7�21 � .
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AGREEMENT �
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made this tenth day of pugust in the year of Nineteen
Hundred and seventy-seven
BETWEEN the Owner: Pitkin Co�mty . �
George L. Ochs, County Manager
506 East Main Street . � '
" Aspen, Colorado 81611 ;�
and the Architect: Benedict Associates Incorporated �
Post Office Box 40
� Aspen, Colorado 81611
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For the following Project: �
. . pntiude detailed description of Project bcation and smpe) - �'� .
To provide pmfessional service for remodeling of the Aspen Valley Hospital based �
on tiie Owner's requirements for changing the use of the present building £rom a �
general hospital to a community service facility providing space for: �
1) residential use for older peopla
2) visiting nurses, welfare offices, human resources office. �
� � 3 other compatible nonprofit public agencies tt,,
43 landscaping �
A more definite program must be submitted to the Architect prior to commencement
of the schematic design phase. a
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The Owner and the Architect agree as seY forth below.. d
� AlA DOCUMFN7 B741 • OWNER-ARCHITECT AGkEEMENT• )ANUARY 1974 EDITION • AIA�•�79�4 �
. THE AMERIGN INSTITVTE OF ARCHITERS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C 20006 � � �-
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i MULTIPLE OF DIRECT PERSONNEL EXPENSE �
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� I. THE ARCHITECT shall provide professional services for the Projec[in accordance with the Terms i
� and Conditions of this Agreement �
� II. THE OWNER shall compensate the Architect,in accordance with the Terms and Condi[ions of i
� this Agreement. w
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� A. FOR BASIC AND ADDlTIONAL SERVICES,u described in Paragraphs 1.1 and 13, compensa- i
,� tion shall be computed on the basis of a MUL7IPLE OF DIREG7 PERSONNEL EXPENSE, as fol-
} lows
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� Principals'time at the fixed rate of thirty-five dollars (5 35.00 ) per hour. I';
� For the purposes of this Agreement,the Principals are: f
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� FREDRIC A. BE,tlEDICT -
� Tfi0D1AS J. DUESTERBERG
� � Employees' time: Project Architect $29.00 per hour �
� Technical Staff $25.00 per hour
� Draftsman $18.00 per hour
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� Emp{o'ee9'-time�etfrer thnrrWincipa}s}a Fa cviltiplevf �
� (.---------�times�ba eatipkayees-tiiseciFecse��r+e1 Fx{�x,e as�t�efine�irs Aslielr4.
� Services of professional consultants ataanul�iple-af I
' f---------Li+mm¢c the amount billed to the Architect for such services. �
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B. AN iN1T1AL PAYMENT OF �Q�-�°LO�j,
dollars(S 1
shall be made upon che execution of this Agreement and credited ro the Owners accaunt .
. C. FOR REIMBURSABLE EXPENSES,amounts ezpended as de(ined in Article 5,including computer
time for professional services.
III, THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree-
• ment that:
A. /F SCOPE of the Project is changed materially,compensation shall be subjed to renegotiation.
B..IF THE SERVlCES covered by this Agreement have not been completed within eigllteen
( lg )months of the date hereof,the amounts of
compensation, rates and multiples set forth in Paragraph 11 shall be subject to renegotiation.
*IIA 5ee Article 14.
� AIA DONMENT 8141 • OWNEF-ARCHITECT AGREEMENT• IANUARY 7974 EDITION • AIA�• m'I971 � �
� . � �� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20D06 2 . I- .
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
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ARTICLE 1 of Probable Construction Cost,shall assist the Owner in 1
obtaining bids or negotiated proposals,and in awarding
ARCHITECT'S SERVICES and preparing construction contracts. �
1,1 BASICSERVICES CONSTRUCTION PHASE—ADMINISTRATION . I
- OF THE CONSTRUCTION CONFRACT � -� � � � � �
'The ArchitecYs Basic Services consist of the five
phases described below and indude normal struc- 1.1.'f0 The Construction Phase will commence with the
- turaf,mechanica{and efectrical engineering services award of the Construction Contrect and will terminate
and any other services included in Article 14 as when the final Certificate for Payment is issued ro the �
Basic Services. Owner.
SCHEMATIC DESiGN PHASE � 1.1,'11 The Atchitect shall provide Administration of the �
1.1.1 The Architect shall review the progrem furnished Conshuction Con[ract as set forth in AIA Document
by the Owner to ascertain the requirements of the Project A201,General Conditio�s of the Contract for Construc-
and shall confirm such requirements to the Owner. tion,and the extent of his duties and responsibilities and
the limitations of his authority as assigned thereunder
1.1.2 Based on the mutually agreed upon program,the shall not be modiGed without his written consent..
Architect shall prepare Schematic Design Studies consist- 1.1.12 The Architxt,as the representative of the Owner
ing of drawings and other documents illustrating the during the Construction Phase,shall advise and consult
scale and relationship of Project components for ap- wrth [he Owner and all of [he Owner's instructions ro 1
proval by the Owner. the Contractor shall be issued through the Architect.The '
1.73 The Architect shall submit to tfie Owner a State- Architec[ shall have au[hority [o act on behalf of the �
ment of Probable Construction Cost based on curren[ Owner to the extent provided in the General Conditio�s
area,vofume or other unit costs. untess otherwise modified in writing. �
DESIGN DEVELOPMENT PHASE � 1.1.73 The Architect shalf at all [ime5 have access to . .
1.7.4 The Architect shall prepare from the approved �he Work wherever it is in pieparation or progress. �
Schematic Design Studies,for approval by the Owner,the �,�,7; The Architect shall make periodic visits ro the
Design Development Documents consisting of drawings site to familiarize himself generally with[he progress and
and other documents to fix and describe the size and quality of the Work and ro determine in general if the �
character of the entire Project as ro strucmral,mechani- Work is proceeding in accordance with the Contract
cal and electrical systems,materials and sucfi other essen- Documents. On the basis of his on-site observations as �
tials as may be appmpriate. an architect, he shall endeavor to guard the Owner �
1.'I.5 The Architect shall su6mit to the Owner a further against defects and deficiencies in the Work of the Con- ;
Statement of Probable Construction CosL Iracroc The Architect shall not be required to make �
. exhaustive or continuous on-site inspections ro check the $
CONSTRUCfION OOCUMENTS PHASE � quality or quantity of the Work.The Archltect shall no[ � �
be responsible for construction means, methods, rech- �
1.'I.6 The Architect shall prepare from the approved niques,sequences or procedures,or for safety precautions
Design Development Documents, for approval by [he
Owner, Drawings and Specifications setting forth in and programs in connection with the Work,and he shali �
detail the requirements for the construction of the entire not be responsible for the Contraclor's failure to carry out
the Work in accordance with the Contract Documents..
Project including the necessary bidding information,and ;
shall assist in the preparation of bidding forms,the Con- �,�,�5 Based on such observations at the site and on �
ditions of the Contract, and the form of Agreement the Contractors Applications(or Payme�t, the Architect
between the Owner and the Contractor. shall deterrtiine the amount owing to the Contracror and (
7.'IJ Tbe Architect shall advise the Owner of any shall issue Certificates for Payment in such amounts.The {
adjustments to previous Statements of Probable Con- �ssuance of a Certi�caie for Payment shall constitute a
struction Cost indicated by changes in requirements or representation by the Archirect ro the Owner,based on 1
ge�ral market conditions. the Archirect's observations at the site as provided in
. Subparagraph 1.7."14 and [he data comprising the Appli-
1.7.8 The Architect shall assist the Owner in filing the cation for Payment,that the Work has progressed to the
required documents for the approval of govemmental point indicated;that to the best of the Architect's knowl-
authorities having jurisdiction over the Project edge,information and belief,the quality of the Work is
BIDDING OR NFGOTIATION PHASE in accordance with the Contract Documents (subjec[to
an evaluation of the,Work for conformance with the
1.1.9 The Architect,following the Owner's approval of Contract Documents upon Substantial Completion;ro the �
the Construction Documents and of the latest Statement results of any subsequent tests required by the Contract
1
AIA DOCUMENT B141 • OWNER-ARCHITECT�AGkEEMENT• JANUARY 1974 EDITION •AIA�• �1974 � �
THE AMERICAN INSTITUTE OF ARCHITECTS, 7735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 3
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Documenis,to minor deviations from the Contract Docu- 1.2.4 Through the on-site observations by Full-Time
ments correctable prior to completion,and to any specific Projec[Representatives of the Work in progress,the Ar-
qualifications stated in the Certificate for Payment);and chitect shall endeavor to provide further protection for
that the Contractor is entitled to payment in the amount the Owner agains[defects in the Work,but the furnish-
certified.By issuing a Certificate for Payment,the Archi- ing of such project representation shall not make the
tect shall not be deemed to represent that he has made Architect responsible for construction means, methods,
any examinatioa to ascertain how and for what purpose rechniques,sequences or procedures,or for safety pre-
the Contrector has used the moneys paid on account of cautions and programs,or for the ConUactor's failure to
the Contract Sum. perform the Work in accordance with the Contract
1.1.76 The Architect shali be,in the first instance, thc Documenls.
interpreter of the requirements of the Contrac[ Docu- 1.3 ADDITIONALSERVICES
ments and the impartial judge of the performance there- 7he following Services shall be provided when au- �,
under by both the Owner and Contracroc The Archited �horized in writing by the Owner,and they shall be
shall make decisions on all claims of the Owner or Con- P��d for by the Owner as hereinbefore provided.
tractor rela[ing to the execution and progress of the Work .
and on all other matters or questions related thereto. �,3.1 Providing analyses of the Owner's needs,and pro- �'
7he Architect's decisions in matters relating to artistic g��mming the requirements of the Projecc ;
effect shall be final if consistent with the intent of the
Contract Documents. 1.3.2 Providing financial teasibiliry or other sperial
1.1.17 The Architect shall have authority to reject Work s�udies.
which does not conform to the Contract Documents. 7.3.3 Providing planning surveys,site evaluations,envi-
Whenever,in his reasonable opinion,he considers it nec- ronmental studies or camparative studies of prospective
essary or advisable ro insure the proper implementation sites. `
of the intent of the Contract Documents, he will have 7,3.4 Providing design services relative to future facili- '
' authoriry ro require special inspection or testing of any �ies,systems and equipment which are not intended ro +
Work in accordance with the provisions of the Contract y��onstructed as part of the Project.
Documents whether or not such Work be then fabricated, �'�
installed or completed. '1.3.5 Providing services to investigate ezisting condi- r
1.1.18 The Architect shall review and approve shop ��ons or facilities or to make measured drawings thereof, �+
drawings,samples,and other submissions of the Contrac- or b veriFy the accuracy of drawings or other informa- ,T
tor oniy for conformance with the design concept of the �'on fumished by the Owner. ,�
Project and for compliance with the informatioo given 1.3.6 Preparing documents for alternate bids or out-of- �=
in the Contract Documents. sequence services requested by the Ownec ,}
7.1.19 The Architect shall prepare Change Orders. 1.3.7 Providing De[ailed Estimates of Construction Cos[ �'
1.�.20 The Architec[ shall conduct inspections to de- or detailed quantity surveys or inventories of material, o
termine the Dates of Substantial Completion and tinal e9uipment and labor. �,
completion,shall receive and review written guarantees 1.3.8 Providing interior design and other services re- t
and related documents assembled by the Contractor,and quired for or in connection with the selection of furni- e
shall issue a final Certificate for Payment, ture and furnishings. �'
'I.'1.21 The Architect shall not be responsibfe for the 1.3.9 Providing services for planning tenant or remal
acts or omissions of the Contractor,or any Subcontrar spaces.
tors,or any of the Contractor's or Subcontractors'agents �3.10 Making revisions in Drawings, Specifications or `�
or employees, or any o[her persons performing any of
the Work. other documents when such revisions are inconsistent �
with written approvals or instructions previously given ;
� �,2 PRO�ECT REPRESENTATION BEYOND BASIC SERNCES and are due to causes beyond the control of[he Archi- �
. 7.2.'I If more ex[ensive representa[ion a[ the si[e than
tect ��
is described under Subparagraphs'1.�.'10 through 'I.'1.27 7.3.1'I Preparing supporting data and other services in
inclusive is required, and if the Owner and Architect connection with Change Orders if the change in the, �
agree,the Architect shall provide one or more Full-Time easic Compensation resulting from the adjusted Contrect a�
Project Representatives to assist the ArchitecL Sum is not commensurate with the services required of
'1.2.2 Such Full-Time Project Representatives shall be the Archirecc ',
selected,employed and directed by the Architect,and the �.3.12 Making investigations involving detailed apprais- `
Architect shall be compensated therefor as mutually als and valuations of existing facifities, and surveys or
agreed between the Owner and the Architect as set forth inventories required in connection with construction
in an exhibit appended to this Agreement. performed by the Owner. �
'I.2.3 The duties,responsi6ilities and limitations of au- 1.3.13 Providing �consul[ation concerning replacement `�
Ihority of such Full-Time Project Representatives shall be of any Work damaged by fire or other cause during con- �
set for[h.in an exhibit appended lo this Agreement. struction,and furnishing pro(essional services of the type i
� AIA DOCUMENT 8747 • OWNER-ARCHITECT AGRE£MENT• 1ANUARY 1974 EDI710N• AIA�• �1974 �.
4 THE AAtERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHI�IGTON,D,C.2000G
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set forth in Paragraph�.1 as may be required in connec- 2.5 The Owner shall furnish structural, mechanical,
tion with the replacement of such Work, chemical and other laboratory tests, inspections and re- !
1.3.14 Providing professional services made necessary Ports as required by law or the Contract Documents. �
by the default of the Contractor or by major defects in 2.6 The Owner shall turnish such legal,accounting,and f
the Work of the Contractor in the performance of the insurance counseling services as may be necessary for the
Construction Contract. Project,and such auditing services as he may require to (
1.3.15 Preparing a set of reproducible record prints of ascertain how or for wha[purposes ihe Contractor has '
drawings showing signiticant changes in the Work made used the moneys paid ro him under the Construction �
durin the construction Co�tract.
g process, based on marked-up �
prints,drawings and other data furnished by ihe Contrac- 2.7 The services, information, surveys and reports re- i
tor to the Architect. quired by Paragraphs 23 through 2.6 inclusive shall be s. .. � •
1.3.�6 Providing extensive assistance in the utilization furnished at the Owner's expense,and the Architect shall
of any equipment or system such as initial start-up or be entitled to rely upon the accuracy and compfeteness
testing,adjusting and balancing,preparation of operation thereof.
and maintenance manuals,training personnel for opera- 2,8 If the Owner becomes aware of any fault or defect
tion and maintenance,and consultation during operation. in the Project or non-conformance with the Contract
Documents,he shall give prompt written notice thereof
1.3.77 Providing services after issuance to the Owner of to the Architect •
the finai Certificate for Payment ,
1.3.18 Preparing to serve or serving as an expert witness 2•9 The Owner shall furnish information required of him
in connection with any public hearing, arbitration pro- as expeditiously as necessary for the orderly progress of i
ceeding or legal proceeding. The Work. I
1.3.19 Providing services of professional consultants for ARTICLE 3 j
other than the normal structurol,mechanical and electii- CONSTRUCTION COST I
cal engineering services for the Project 3.� If the Construction Cost is ro be used as the basis
1.3.20 Providing any other services not othenvise in- (or determining the Archi[ect's Compensation for Basic
ciuded in this Agreement or not customarily fumished in Services, it shall be the total cost or estimated cost to
accordance with generally accepted architectural practice, the Owner of all Work desiRned or specified by the
ARTICLE 2 A�����ect.The Construction Cost shall be determined as
follows,with precedence in the arder listed: I
THE OWNER'S RESPONSIBILITIES 3.7.7 For completed construction, the cost of all such
2J The Owner shall provide full information,including Work,including costs of managing construction; �
a complete program,regarding his requirements for the 3.1.2 For Work not constructed,(1)the Iowest bona fide
Project. bid received from a qualified bidder for any or all of such I
2.2 The Owner shall designate,when necessary,a rep- Work,or(2) if the Work is not bid,the 6ona fide nego- (
resen[a[ive authorized to ac[in his behaif with respect ro tiated proposal submi[ted for any or all of such Work;or
the Project The Owner shall e�camine dowments sub- 3.7.3 For Work for which no such bid or proposal is �
_ mitted by the Architect and shall render decisions per- received,(U the latest Detailed Estimate of Construction '•
taining thereto prompNy,ro avoid unreasonable delay in •Cost if one is available, or (21 the latest Statement of !
the progress of the Architect's services. Probable Construction Cost f
2.3 The Owner shall furnish a certitied land survey of 3.2 Construction Cost does not include the compensa- �
the site giving,as applicable,grades and lines of streets, tion of the Architect and his consultants,the mst of the
alleys,pavements and adjoining property; rights-of-way, �and,rights-of-way,or other costs which are the responsi-
res[riccions,easements,encroachments, zoning,deed re- bility of the Owner as provided in Paragraphs 2.3 through �
strictions,boundaries and contouro of tBe site;locations, Z,6 inclusive.
dimensions and comple[e data pertaining to existing
buildings,other improvements and trees;and Full infor- 3.3 The cost of labor,materials and equipment furnished. (
mation concerning available service and utility lines both by the Owner for the Project shall be included in the j
public and private, above and below grade, including Construction Cost at current market rates including a I
inverts and depths. reasonable allowance for overhead and profit. �
2.4 The Owner shail furnish the services of a soils engi- 3.4 Statements of Probable Construction Cost and De-
neer or other consultant when such services are deemed tailed Cost Estimates prepared by the Architect represent
necessary by the Architect,including reports,test borings, his best judgment as a design proFessional familiar with
test pits, soil bearing values, percolation tests, air and the construction industry.It is recognized,however,that �
water pollution tests, ground corrosion and resistivity neither the Architect nor the Owner has any control over I
� tests and other necessary operetions for determininR sub- the cost of labor,materials or equipment,over the con- � .
soil, air and water conditions,with appropriate profes- tractors'methods of determining bid prices,or over com- i
sional recommendations. petitive bidding or market conditions. Accordingly, the
AIA DOCUMENT 6147 . OWNER-ARCHITECT AGREEMENT• )ANUARY 1974 EDITION• AIA67• �77974 �
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORIC AVE.,N.W.,WASHINGTON,D.C.20006 S �
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Architect cannot and does not guarantee that 6ids wiil ees,or his professional consultants in the interest of the
not vary from any SWtement of Probable Construction Project for the expenses listed in the following Subpara-
Cost or other cost estimate prepared by him. graphs:
3S When a fixed limit of Construction Cost is estab- 5.1.1 Expense of transportation and living when travel-
lished as a condition of this Agreement, it shall be in ing in connection with the Project; long distance calls
writing signed by the parties and shall include a bidding and telegrams; and fees paid for securing approval of
contingency of te� percent unless another amount is authorities having jurisdiction over the ProjecL
agreed upon in writing.When such a fixed limit is estab- S 1.2 Ex ense of re roductions,
lished,the Architect shall be permitted to determine what P P postage and handling
materials, equipment, component systems and types of of Drawings and Specifications excluding duplicate sets
constructian are to be included in the Contract Docu- at the completion of each Phase for the Owner's review
• ments,and to make reasonable adjustments in the scope and approval. -
of the Project to bring it within the fixed limit.The archi- 5.1.3 If authorized in advance by the Owner,expense
tect may also include in the Contract Documents alter- of overtime work requiring higher than regular ra[es and
nate bids ro adjust the Construction Cost to the fixed expense of renderings or models for the Owner's use.
limit.
5.1.4 Expense of computer time for professional services
3.5.'i If the Bidding or Negotiating Phase has not com- when included in Paragraph II.
menced within six months after the Architect submits the
Construclion Documents to Ihe Owner, any fixed limi[ 5.15 Expense of computer time when used in connec- ,
of Construction Cost established as a condition of this tion with Additional Services.
Agreement shall be adjusted ro reflect any change in the
general level of prices which may have occurred in the ARTICLE 6 •
construction industry for the area in which the Project is PAYMENTS TO THE ARCHITEC7'
located. The adjustment shall reflect changes between
the date of submission of the Construction Documents 6.1 Payments on account of the Architect's Basic Serv- �;
to the Owner and the date on which proposals are ices shall be made as follows:
sought. 6.'1.1 An initial payment as set forth in Paragraph II is � �
3.5.2 When a fixed limit of Cons[ruction Cost,including the minimum payment under this Agreemenk "
the Bidding contingency (adjusted as provided in Sub-
paragraph 3.5.'1,if applicable),is established as a condi- 6.1.2 Subsequent payments for Basic Services shall be '
tion of ihis Agreement and is exceeded by the lowest made monthly in proportion ro services performed so �I
bona fide bid or negatiated propoul, the Detaifed Esti- that the compensation at the completion of each Phase, i
mate of Construction Cost or the SUtement of Probable except when the compensation is on the basis of a Mul- �
Construction cost, the Owner shall (1) give written ap- tiple of Direc[Personnel Expense,shall equal the follow- T
proval of an increase in such fixed limi[,(2)authorize re- ing percentages of the total Basic Compensation:
bidding the,Project�vithin a�reasonable time,or(3) co- Schematic Design Phase ........ 15% ��
operate in revising the Project scope and quality as re- Design Development Phase ...... 35% �
quired to reduce the Probable Construction Cost. In the Construction Documents Phase ... 75% :
case of(3)the Architect,without additional charge,shall Bidding or Negotia[ion Phase .... 80% "
. modify the Drawings and Specifications as necessary ro Construction Phase '100% i
bring the Construdion Cost within the fixed limit.The ������������ P
providing of such service shall be the limit of the Archi- 6.1.3 If the Contract Time initially established in the �t
tect's responsibility in this regard,and having done so, Construction Contract is exceeded by more than thirty �k
the Architect shall be entitled to compensation in accord- ' oays through no(ault of the Architect,compensation for
ance with this Agreement. Basic Services performed by Principals, employees and
professional consultants required [o complete the Ad- �'
ARTICLE 4 ministration of the Constru�tion Contract beyond the h
DIREC7 PERSONNEL EXPENSE thirtieth day shall be computed as set forth in Para- s;
� graph II for Additional Services. 4 �
Direct Personnel Expense is defined as ihe salaries of 6.2 Payments for Additional Services of the Architect as ;.
professional, technical and clerical employees engaged defined in Parograph'13,and for Reimbursable Fxpenses �
on the Project by the Architect, and the cos[ of Iheir �s defined in Article 5, shall be made monthly upon
mandatory and customary benefits such as statutory em- '�
ployee benefits,insurance,sick leave,holidays,vawtions, presentation of the ArchitecCs statement of services ren- ��
pensions and similar benefits, dered. ,
i.
ARTICLE 5 6.3 No deductions shall be made from the Architect's
compensation on account of penalry, liquida[ed dam-
REIMBURSABLE EXPENSES ages, or other sums withheld from payments to con- '�
5.1 Reimbursable Expenses are in addition to the Com- tractors.
pensation for Basic and Additional Services and include 6.4 If the Project is suspended for more than three 'i
actual expenditures made by the Architec[, his employ- months or abandoned in whole or in part,the Architect '�
� AIA DOCUMENT B741 • OWNER-ANCHITECT AGREEMENT• JANUARY 7974 EDITION• AIAO• 01974 1!
� 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINGTON,�.C 20006 �
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shall be paid his compensation for services performed the other parry m this Agreement and to the partners, !
prior to receipt of written notice irom the Owner of such successors,assigns and legal representatives of such other i
suspension or abandonment,together with Reimbursable parly with respect to all covenants of this Agreement.
Expenses then due and al! termination expenses as de- Neither the Owner nor the Architect shall assign,sublet �
fined in paragraph 8.3 resulting from such suspension or or transfer his interesi in this Agreement without the
abandonment. If lhe Project is resumed after being sus- written consent of the other. �
pended for more than three months;"the Architect's i
compenution shap•6e subject to renegotiation. •
ARTICLE 11
6.5 Payments due the Architect under this Agreement
shall bear inierest at the legal rate commencing sixry ARBITRATION •
days after the date of billing. 1.1 AI{claims,disputes and other matters in question
ARTICLE Z b ween the parties to this Agreement,arising out of,or
rela'ng to tfiis Agreement or the breach t reof,shall be
ARCHITEGT'S ACCOUNTING RECOROS deci d by arbitration in accordance wit the Conshuc-
tion 1n stry Asbitrati��y les of the merican Arbitre-
Records of Reimbursable Expenses and expenses pertain- tion Asso iation then obtJ4nio nl¢ss e parties mutually
ing to Additional Ser4ices on the Project and for services �gree othe ise.No arbivaC aris ng out of,or re�ating
per(ormed on the basis of a Multiple of Direct Personnel �o this Agree ent,shall inclu by consolidation,joinder -
Expense shall be kept on a generally recognized accaunt- or in any oth manner,an a�i4�[i a parry not a parry
ing basis and shall be available to the Owner or his to this Agreeme t y�t by writte n ent containing a
authorized representative at mutuaily convenient times. speciFic reference eo.�nsAgreeme i ned by a1S the
parties hereto. An ar i b involving,an j
ARTICLE 8 additional party t�S all not con jtute consent to �
, t TERMINATION OF AGREEMENT arbitration of any 's te not described therein or•�iih �
any party�ot named scribed iherein.Tfiis Agreement
� 8.1 This Agreement may be terminated by either'party to arbitrate and-any a ent to arbitrate with an addi-
upon seven days'written notice should the other party tional party.or parties ly onsented to by the parties
fail substantially to perform in accordance with its terms hereto shall be specifically e forceable under the pre-
� through na fault of the parry+nitiating the termination. vailing arbitration law. .
� 8.2 In the event of termination due ro the fault of par- »-2 Notice of the demand for a itration.shalf be filed j
: ties other than the Architect,the Architect shall be paid �n writing with the other party ro his Agreement..and
fhis compensation for seryices performed to termination �'�th Ihe American Arbitration Assoa tion. The demand �
y date,including Reimbursable Ezpenses then due and all. shall be made within 5 reasonable 4m after 16e daim,
; - termination expenses. � dispute or other matter in question ha arisen, In no � .
event shail the demand for arbitration be de af�er-the
� 8.3 Termination Expenses are defined as Reimbursable date when institution of legal or equitable roceedings
Expenses directly attributable to termination, ples an based on such claim,dispute or other matter i question �
� amaun[computed as a percentage of the total compen- would be barred by lhe applitable statute of li talions.
sation eamed to the time of terminatioa,as follows: I
1� 20 percent if termination occurs during the Schematic 7y•3 The award rendered.by the arbitretors shall e(i-. i
' '� Design Phase;or nal,and judgment may be entered upon it in acCOrd ce (�
10 percent if termination occurs dwing the Design De- W�th applicable law in any court having jurisdicti n
velopment Phase;or �hareof
���y 5 percen[ if termination occurs during any subse- . �
quent phase. ARTICLE �2 ,
; .
� ARTICIE 9 EXTENT OF AGREEMENT
j OWNERSHIP OF DOCUMENTS This Agreement represents the entire and integrated
' Drawin s and S eci(ications as instrumenis of service are �Creement between tne Owner and the Architect and
g P supersedes all prior negotiations, representations or
� and shall remain ihe property o4 the Architect whether a reements, either written or oral. This A reement ma �
� the Project for which they are made is executed or not. �e�mended only by written instrument signed by both
! They are not to be used by cfie Owner on other projects Owner and Architect.
� i or extensions to this Projec[excep[by agreement in writ-
r ing and with approp�iate campensation to ihe Architect '�
F� • ARTICLE '13
lr ARTlCLE 10 i
` SUCCESSORS AND ASSIGNS GOVERNING LAW
Unless olherwise specified,this Agreement shall be gov-
The Owner and the Architect each binds himself, his emed by the la�v of the principal place of business of the
paAners,successors,assigns and legaf representatives to ArchitetL �
'I !
`i AtA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• IAnUARV 197i EDI710N • AIA�• 0�97a
r THE AMERICAN INSTIYUTE OF ARCHITECTS,1735 NEW YORK NVE.,�V.1V..WASh11t�GTON,D.C.20W6 7
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ARTICLE 14
OTHER CONDITIONS OR SERVICES
Construction Management Services as described in the attached Owner-Construction
� Mlanager Agreement, dated August 10, 1977, M77-21 C/M--are in addition to Professional.
Service described in this Agreement. The services described in Article I of the
Construction Management Agreement are in some instances an extension of the Architec-
tual/Engineering service described in the Owner-Architect Agreement M77-21. '.�
>i
Therefore, fees have been computed for full service under the Owner-Architect �:E
Agreement (77-21) and Construction Management fees have been reduced to avoid
any duylication of fees or services. It is understood that the fee for Basic '
Service for Architectural,Engineering and Construction htanagement will not exceed i1
I8'k of the total construction cost of the project; however, unknown conditions in
a remodeling project may justify an upward adjustment of this top-set amount. '�`
Any request for such an adjustment must be made in writing, stating the condition and
estimating the amount required. Written authorization by the Owner to exceed the
top-set 18� must be secured prior to continuing the service of tlie Architect, .
Engineer or Construction hlanager. �°`
Ilowever, Agreement If77-21 and Agreement #77-Z1 C/M constitute a single agreement, ?'
and are to be executed'simultaneotisly. ''s
It is tmderstood by all the parties that completion of the services herein :��
contracted for is conditioned upon receipt of EDA grant fimds, an application ':�
for which is pending, in the event fimds are not awarded, Pitkin Coim ty may '"
terminate this Agreement without penalty; provided, however, that Benedict `�:`
Associates Incorporated shall be reimbursed for time and cost to time of termination
at the rates herein specified. �r
This Agreement executed the day and year first written above. %'
OWNER PITKIN COUNTY ARCHITEG7 BENEDICT ASSOCIATES INCORPORATED
,46
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rge . Ochs Date Fredric A. Benedict te'� 4+
C ty Manager Presidem ��
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� - AU DOCUMENT 8147 • OWNER-ARCHITECT AGNEEMENT• IANUARY 1974 EDRION • AIA�• 01974
� B - �THE AMERICAN INSTITUTE Of ARCHITECTS, 'V75 NEW YORK AVE.;N.W.,WASHINGTON, D.C.20006 �
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, THE AMERICAN INSTITUTE OF ARCHITECTS �
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---� A!A Document 8801 �
: �„
� Standard �orrn of Agreement �e�tvare�� �
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Owner and Cons�ructio�n I�anager
� �; . �
� Recommended foruse with the current editions of standard AIA agreement form�and documents.
•� TH15 DOCUMENT HA5INIPORTANT LEGAt CONSfQUENCES;CONSULTnT10N WITH �
� AN ATTORNEY IS ENCOURAGED WITH RESPfCT TO ITS COMPLfT10N OR MODIFICATION
77-21 C/M � :
. AGREEMENT �
� � made this tenth day of nugust in the.year of Nineteen
� Hundred and seventy-seven
� . BETWEEN the Owner: Pitkin Cotmty Commissioners
` George L. Ochs, Coimty Manager- �
� �'
and the Construction Manager: �
�
� For services in connection with the following described Project: �+ -
� . �- (Indude detailed description of Project location and scope) - � �. �. � � . . .
' Remodeling and improving the existing Aspen Valley Hospital. as described on : -
Page 1 of H77-21.
The Architectforthe Projectis: Benedict Associates Incorporated
_ t The Owner and the Construction Manager agree as set forth below.
. � � AIA DpCUMENT BBOI-OWNER-CONSTRUCTION MANAGER AGREEAIENT• DECEAIBER 7971 EDI710N• AIA� � �
. . �79�1•THE AMERICAN INSTITUTE Of ARCHITECTS,'V35 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20WG � �
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L THE CONS7RUC'fION MANAGER, as agen[ of the Owner,shall provide services in accordance ;
; with the Terms and Gonditions of this Agreement. '
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! �. �
The Conslrudion Manager accepis the relationship of tmst and confidence established between
him and the Owner by this Agreement.He covenants with the Owner to furnish his 6est skill and n
judgment and to cooperate with the Architect in furthering the interests of the Owner.He agrees i,
to furnish efficient business administration and superintendence and ro use his best efforts at all �
1 times in the best�vay and in the most expedi6ous and economical manner consistent with the in- �,'�
� [erests of the Owner. �
� II. THE OWNER shatl compensate the Construction Manager in accordance with the Terms and Con-
( ditions o(this Agreement. " �
1 �
_ "'' A. 2 BASfC SERVICES,as described in Paragraph't."i,mmpensatiAn shail be computed as fof-
i lo :(setect one) � �
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l. On t basis of a PROFESSIONAL FEE PLUS EXPENSES. f �
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� a. A Profess nal Fee of
i dollars(5 L : . �
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' b.An amount computed a ollows. �
� Principals'time at tfie fixed ra of ;$
dollars($ )per hour. �
l - � - � � � . .. . . � - . .
. � # /_ � ' - � � � �� For the purposes of this Agreement, e Prin pa are: � � ��
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Employees'time(other tha rincipals)at the following mult les of the employees'Direct
- � PersonneTExpense as def' ed in Article4.
For those assig d to the Project in the office,a multiple of �
).
For thos assigned to the Project at the construction site,a multiple of
( ).
c Serv'es of professional consultants at a multiple of
( ) ti s
e amount billed to the Construction Manager For such services.
�.
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� � - AIA DOCUMFNT B801•OWNER-CONSTRpCTION MANqGER ACREEMENT• DECEMOER 1973 EpIT10N •AIA� � � ��
�� - .�O 797]•THE AMERICAN INSfITUTE OF ARCHITECTS,7735 NEW YORK AVE.,N.W.,�YASHINGTON,D.C.20006 �� 2 � � � _ . �
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�� 2. On the basis of a MULTIPLE Of DIRECT PERSONNEL EXPENSE. (
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Ca. Principals'lime at the fixed rate of tltirty-five-�--------------------- j
----------------'------------------°---'--dollars(5 35.00 )Per hour. I
For the purposes of this Agreement,thc Principals are: i
3
FREDRIC A. BEi�EDICT
TIfOAiAS J. DUESTERBERG �
. . �
b. Employees'time lolher than Princ'ipals)at the(ollowing mul[iples of the employees'Direc[
. Personnel Expense as defined in Artide 4.
Yiro)ec�a��iage=theProjectintheoffice,s.awkipJoeb�� 00 �
Assistant Project tdanager $29.'00 � �'
Tec nical.5t ff $Z6 Q0 � �
For�}�ose assigne�to the Project a[the construction site,a-rsiul�igFe�of -
Project Manager �35.00 ( 1-
�1ssi�ta�t Pro�ject hlanager $29•DU � � �
c.Services o pro essiona consultants at a mul[iple oE •
times the amount billed ro the Construction Manager for such services. �-
a
*See Article 13. �
3.On the basis of.a FIXED FEE oE
dollars (5 . )• �
�'{Z 4. the basis of a PERCENTf�GE OF CONSTftUCTION tOST,as defined in Articl ,of . �',
perce ( %I.. �
� B. AN 1NITint PA Ar1EN7 ot �
`� dolla (5 ��
shail be made upon tR execution oF this Agreement and credited the O�vner's account. �
C. FOR ADDITlONAL SERVICES, described in Paragraph l. compensation shall be computed �
as follows: �
'I. Principals'time at the fixed rate oF
dollars(S )per 6our.
For the purposes of this Agreement,[he P ipats are:
2. Employees time(oth than Principals) �t the folbwing mults es oE the employees'Direct
Personnel Expense a' efined in Artide 4.
For th e assigned to the Project in the o�ce,a multiple of
. ( �•
For those assigned to lhe Project at Ihe construcli0��site,a multiple o(
( ).
. Services of prufessional ccrosui[ants at a multiple of (
/ times the amount billed to the Conshuction Alanager for such services.
\
� � AIA DOCUMFNT 6807•O\VNEN-CO�STRUCTION MANAGER AGREEn1E�T• UECE\1�ER 7J7J EDITION •AIA�H � �
� � � - � U 1A}•THE A��IEFIC.\N I,\STITUTE OF ARCHITECTS,7735 NEW YORK.\VE.,n.W.,\VASHI.\Gt0\,D.C.20006 3 . .
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D. FOR RE/A16URSABLE EXPENSES,amounts expended as deMed in Article S.
Ifi. THE PARTIES agree in accordance with the Terms and Conditions of this Agreement that:
�
A. IF THE SCOPE of the Project is changed materially,compensation for 8as+c Seovices shall be sub-
ject ro renegotiation.
1 B. lF TNE SERVICES covered by this Agreement have not been completed within eighteen
( lg )months of i6e date hereof,the amounts
of compensation,rates and multiples se[forth in Paragraph II shall be subject ro renegotiation.
\
�
� � AlA OOCUMENY-8807•OWNER-CONSTRUCTION MANAGER AGREEMENT• DECEMBER 1973 EDITIOV•AIA� - .. �
. �. � �17/3•THE AMERICAN INSTITUTE OF ARCHITECTS,7735 NEW YORK AVE,twW.,WASHINGTON;D.C.20006 4 . � . �
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN
� OWNER AND CONSTRUCTION MANAGER
ARTICLE '1 1.7.5 LaGor:Provide an analysis of the types and quantiry !
of labor required For the Project and review the avail- �
ability of appropriate categories of labor required for
CONSTRUC7'ION MANAGER'S SERVICES critical phases.
1.15.1 Determine appiicable requirements for equal �
1.1. BASIC SERVICES employmen[ opportunity programs for inclusion in the
The Consiruction Manager's Basic Services consist proposed Contract Documents.
_ of �he hvo phases described belo�v and any other ��6 Bidding:Prepa�e pre-qualification criteria for bid-
services included in Article 73 as easic Services. ders and develop Contrector interest in the Project.Estab-
DESIGN PHASE lish bidding schedules and conduct pie-bid conferences �
to Familiarize bidders with the bidding documents and ;
1.1.1 Consulta[ion During Projec[Development:Review management lechniques and �vith any speciai systems,
conceptual designs during development. Advise on site materials or methods.
use and improvements, selection of materials, building
systems and equipment. Provide recommendations on 1•1•6.1 Receive bids, prepare bid analyses and make �
relative construction feasibiliry, availability of materials recommendations to the ONmer for award of contracts or �
and labor,time requirements for installation and construc- rejection of bids. �
tion,and facrors refated to cost including wsts of alterna- �,�,7 Contrect Awards:Conduct pre-awarJ conferences
tive designs or ma[erials, preliminary budgets, and pos- with successful bidders. Assist the Owner in preparing I
sible economies. Construction Contracts and advise the Owner on the
'1.7.2 Schedufing: Provide and periodically update a �cceptability of Subcontractors and material suppliers �
Project time schedule that coordinates and integretes the proposed by Contractors. i
/�rchitect's services with construction schedules. CoNSTRUCTION PHASE � . �.
1.1.3 Project Budgetr Prepare a Project budget for the The Construdion Phase will commence with the
� Owner's approval as soon as major Project requirements award o(the[irst Conslrudion Contrect or purchase
have been identified and update periodically.Prepare an order and �vill terminate 30 days after the flinal
estimate of construction cost based on a quantity survey Certificate for Payment is issued by the Architect.
of Drawings and Specifications at the end of the Schematic �
Design Phase for approval by the Ownec Update and re- �•1•1S P�oject Controf:Coordinate the Work of the Con- i
tine this estimate for Owner's approval as the develop- tractors with the activicies and responsibilities of the �
ment of the�rawings and Specifications proceeds, and Ow�er and Architect to complete the Project in accord- t .
advise the Owner and the Archirect if it appears that�he ance with the O�vner's objectives on cost, time and �
Project budget will not be met and make recommenda- quality: Provide sufficient personnel at �he Project site j
tions for corrective action. W��h authority to achieve these objectives. �
'IJ.4 Coordination oF Contrect Documents:Review the �•�-$-7 Schedule and conduct pre-construction and prog- 1
Drawings and Specifications as they are being prepared, �ress meetings at which Contracrors,Owner,Archifect and ;
recommending altemative solutions whenever design de- Construction Manager can discuss joindy such matters as �
tails affect construction feasibility or schedules. . procedures,progress,probiems and scheduling. '
7.7.4.1 Verify that the requirements and assignment of 7,7,g,Z Provide a detailed schedule for the operations of �
responsibilities for safety precautions and programs,tem- Contractors on the Project, induding realistic activity f
porary Proied facilities and for equipment,materials and sequences and durations,allocation of labor and materi- ' -
services for common use of Contrectors are inciuded in als, processing of shop drawings and samples,and c!e- e
the proposed Contract Documents. livery of products requiring long lead time procuremen[; �
indude the Owner's occupancy requiremen[s showing a
7.'1.4.2 Advise on the method to be used for selecting 'F
Contracrors and awarding mntracts.If separate contracts Portions of the Project having occupancy priority. �
are to be awarded,revie�v the Drawings and Speci�cations 7.7.8.3 Provide regular monitoring of the schedule as 3
to(1)ascertain if areas of jurisdiction overlap, (2) veriFy construction progresses. Identify potential variances be- ^�
that all Work has been included,and(3)atiow for phased �ween scheduled and probable completion dates.Review j
tonstruction. schedule for Work not started or incomple[e and recom- ]
'1.1.43 Investigate and recommend a schedule for pur- mend to the O�+•ner and Contractor adjustments in the
chase by the Owner of all materials,and equipment re- schedule to meet the probable completion date.Provide 3
quirin};long lead time procurement,and coordina[e the summary reports of each monitoring, and document all � .
schedule with the eady preparation of Contract Docu- �hanges in schedule. =
ments by the Arc6itec[.Expedile and coordinate delivery 1J.8.4 Recommend courses of action to the Owner �
t oF these purchases. �vhen requirements of a wotract are no[being fulfilled. S
i
AIA OOCUh1ENT 8801•OWNER-CONSTRUCTION MANnGE6 AGREE�1Et�T• DECEMBER 1973 EDITION• AIA`J• : �
�1973•THE A1.tERICAN INSTITUTE OF nRCHITECTS,�73i NEW YORK AVE.,N.W.,WASHINGTON,D.C.2000G S �
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1.'1.9 Cos[Control:Revise and refine the approved esti- for expediting the processing and approval of shop draw-
mate of wnstructian tost,incorporate approved chan6es ings and samples.
as they occur,and develop cash flow reports and fore- y.1.75 Reports and Records:Record the progress of the �
casts as needed. Projec[. Submit written progress reports to'the Owner
1.'I.9.7 Provide regular monitoring of the approved esti- and the Architect including informa[ion on the Conlrao-
mate of construction cost, showing actual costs for ac- tors and Work, the percentage oF complelion and the
tivities ia process and estimates for uncompleted tasks. number and amounts pf Change Orders. Keep a daily
identify variances be[ween actual and budgeted or esti- log available to the Owner and the Architect
mated costs,and advise the Owner and Architect when- y,�,75J Maintain at Ihe Project site,on a current basis:
ever projected costs exceed budgets or estimates. records of all Controcts; shop drawings; samples; pur-
1.�.9.2 Arrange for the maintenance of cost accounting chases; materials; equipment; applicable handbooks;
records on authorized Work periormed under unit costs, federal, commercial and technical standards and speci-
actual costs for la6or and materials, or nther bases re- fications;maintenance and operating manualrand instruc-
quiring accounting records. tions; and any other retated documents and revisions
which arise out of the Contract or the Work.Obtain data
7.'1.93 Develop and implement a system fo�review and irom Contractors and maintain a wrrent set of record
processing of Change Orders. drawings, specifications and operating manuals. At the
1.1.9.4 Recommend necessary or desirable changes to completion of the Project,deliver all such records to the
the Owner and the Architect,review requests for changes, �wner.
submit recommendations ro the Owner and the Architect, 7,y,76 Owner-Purchased ltems: Accept delivery and ;
and assist in negotiating Change Orders. arrange storoge,protection and securiry for a11 O�vner-
'1.�.9.5 Develop and implement a procedure for the re- purchased materials,systems and equipment which are a i
view and processin�of applications by Contractors for part of the Work unti!such items are turned over to the j
progress and final payments. Make recommendations to Contractors.
the Architect for certification to the Owner for payment. �.�,�7 Subslan[ial Completion: Upon the Contracrors' �
1.1.�0 Permits and Fees:Assist in obtaining all building determination of SubsWntial Completion of the Work or t
permiis and special permi[s for permanent improvements, designated portions thereof,prepare for the Architec[ a i
exduding permits for inspection w temporary facilities ��s[of incomplete or unsa[isfactory items and a schedule j
required to be obtained directly by the various Contrao- For their completion.After the Architect certifies the Date ;
tors.Verify that the Owner has paid all applicable fees of Substantial Completion,supervise the correction and 'i
and assessments for permanent facilities.Assist in obtain- completion of Work. 3
ing approvals from all the authorities having jurisdiction. 1.�.18 Start-Up: With the Owner's maintena�ce per- � �
1.1.17 Owne�'s Consultants:If required,assist the Owner sonnel,direct the checkout of utilities,operational sys- �
in selecting and retaining professional services of a sur-' �ems and equipment for readiness and assist +n their i.
veyor, special consultants and testing laboratories. Co- �nitial start-up and testing. !
ordinate these services. 1.y.19 Final tompfe[ion: Determine finaf completion
1.1.�2 /nspection: Inspect the work of Contractors ro and provide written notice to the Owner and Archirect
assure that the Work is being performed in atcordance thai the Work is ready for(inal inspection. Secure and
�vith the requirements of the Contract Dowments. En- �ransmit to the lrchitect required guarantees, affidavits,
deavor to guard the Owner against defects and deficiem releases,bonds and waivers.Turn over to the Owner alI
cies in the Work. Require any Contractor ro stop Work� keys,manuals,record drawings and maintenance slocks.
or any portion thereof,and reyuire special inspection or
- testing of any Work not in accordance with the provisions 1.Z ppDtitONAL SfRYtCES . ��
of the Contract Documents whether o(nat such Work
be then fabriwted, installed or completed..Reject Work The fallowing Additional Services shall be per-
�vhich does not conform ro the requirements of Ihe Con- formed upon authorization in writing from the
tract Documents. Owner ancl sha11 be paid for as hereinbeio�e
1.1.'12.1 The Cons[ruc[ion Manager shall not be respon- provided.
sibte for construceion means, methods, techniques, se- �,Z,� Services related to investigation, appraisals or �'
quences and procedures employed by Contractors in valuations of existing conditions,facilities or equipment, �
performance oE their contract,and he shafl not be respon- or verifying the accuracy of existing drawings or other
sible for the failure oF any Contractors ro carry out the Ownerv(urnished in(ormation.
Work in accordance with tfie Contract Documents. �,2,2 Services related to Owner-furnished equipment,
7.t.73 Contract Performance: Consutt with the Archi- furniture and turnishirtgs �vhich are not a part of the
tect and the Owner if any Contractor requests inter- yyork.
� pretations of the meaning and intent of the Drawings �2 3 Services for rena�t or rentai spaces.
� and Speciiications, and assist in the resolution of any
questions'which may arise. 1.2.4 Services related to construc[ion per(ormed by[he .
7.7J4 Shop Drawings and Samples: In collaboration Owner.
�vith the Architect,esWhlish and implement psacedures 1.2.5 Consultation on replacement oE Work damaged 6y �,
AIA OOCUMENT 8801•OWNER-CONSTRUG710N A4At�AGfR AGREfMED1T• DECEMBER'19T3 EDITION• AIA�
6 �1973•ThIE ANERICAN INSTITUTE OF ARCHITECTS,1735 NEIY YORK A\�E.,N.W.,�VASHINGTON,D.C.20006 �
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(ire or othcr cause during canstruction, and fumishing ARTICLE 3
� services for the replacement of such Work.
1.2.G Services made necessary by the default of a Con- CONS7RUCTION COS7
tracror. 3.7 If Ihe Construction Cost is to be used as the basis
1.2,7 Preparing to serve o�serving as an expert witness for determining the Conslruction Manager's compensa-
� in conneclion �vitfi any pubtic hearing, arbitration pro- ��on for Basic Sewices,it shall be the cost of all Work,
ceeding,or legal proceeding. including work items in the Conditions of the Contract
and the Specifications and shall be determi�ed as follows:
1:2.9 Finding housing for construction labor,and defin- 3.1.'1 For cnmpleted construction,the total construction
ing requirements far esGblishmeni and maintenance of �ost of all such Work; :
base camps. 3.'1.2 For Work no[ cons[ructed, (1) the sum of the � '
1.2.9 Obtaining or training mainienance personnel nr �owest bona fide bids received from qualified bidders !
negotiating maintenance service contracts. for any or all of such Work or(2) if the Work is not
1.2.1D Services refa[ed to Work items required by the bid,the sum of the bona fide negotia[ed proposals sub- !
Conditions of the Contract and the Specifications which mitted for any or all of such Work;or I
are no[provided by Contrectors. 3.1.3 For Work for �vhich no such bids or proposais j
'1.2.'It Inspections of a�d services related to the Project are received, the Constmction Cost mnWined in the '
after completion oF the services under this Agreement Construction Managers latest Project construction budget !
�.2.'12 Providing any other service not otherwise in- approved by the Owner. (
cluded in this Agreement. 3.2 Construction Cost shall not indude the compensa- i
tion of the Construetion Manager (except tor cosis of
Work items in the Conditions of the Contract and in the j
Specificationsy,the Arcfiitect and tonsultants,the cost of
the land, rights-of-way, or other costs which are the �
responsibitity ot the Owner as provided in Paragraphs 23 4
ARTICLE 2 through 2.5 indusive. �
3.3 The cost oi labor,materials and equipment furnished #
by the Owner shall be included ip the Construction Cost �
THE OWNER'S Rf5PON5161i1T{ES at cur�ent market rates,induding a reasonable allowance y
tor overhead and profiL (
2.� The O�vner sha{f provide full informalion regarding 3.4 Cost estimates prepared by the Construction htan- ;
� his requirements for the Project. ager represent his best judgment as a professional familiar ?.
2.2 The Owner shall designate a represenWtive�vho shall with the construction industn•.It is recognized,however, i
be fully acquainted with�he scope of the Work,and has that neither the Construction Manager nor the Owner has i
authority to re�der decisions promptly and fumish in- any control over the cost oF labor,materials or equipment, `
formation expeditiously. over Contracrors' methods of determining bid prices,or �
2.3 The Owner sha0 retain an Architect for design and other competitive bidding or marke[conditions. '
[o prepare construction docume�ts for the Project.The 3.5 No fixed limii oS Constroction Cosi sha{1 be deemed 3
Architect's services, duties and responsibilities are de- to have been established unless it is in writing and signed g
� scribed in the Agreemeat hehveen the Otivner and the by the parties herelo.When a fixed limit of Cons[ruction �
Architect, pertinent parts of which will be furnished to Cost is established in writing as a condition of this Agree-
the Constructio� Manager a�d will not be mod'+fied ment, the Construction Manaser shall advise what ma-
without written nolification ro him. teriais,equipment,component systems and types of con- j
2.4 The Owner shall fumish such legai,accounting and struction should be induded in the Contract Documents, 5
insurance counselling services as may be necessary For and shall suggest reasonable adjustments in the scope of �
the Project,and such auditing services as he may require the Pro}ect to bring it within 1he tixed I+mit. ^
3.5.1. If res onsive bids are not received as scheduled, t
to ascer[ain how or for what purposes the Contracrors P �
have used the moneys paid to them under the Construc- any fixed limit of Const�uction Cast estabGshed as a
tion Contracts. condition of this Agreement shall be adjusted to reflect i
2.5 The Owner shall furnish the Construction Manager any change in the general level oi prices occurring be- �
with a sufficicnt uantit of construction documents. tween the originally scheduled date and ihe date on
Q Y which bids are received.
2.6 If the O�vner becomes aware of any fault or defect 3.5.2 When the tixed limit of Construction Cost is ez- {
in the I'roject or nonconformance with the CoMract ceeded,the Owner shall (1)give written approval of an �
Documents,he shall give prompt written notice thereof �ncrease in such Fixed limit,iZ) authorize rebidding with- i
to-the Construction Manager. in a reasonable time,or(3)cooperate in revising the scope f
. 2J The services, information, surveys and reports re- and quality of the�Nork as required to reduce the Con- j
quired by Paragrephs 23 through 2.5 inclusive shall be stmction Cost.In the case of(3)the Construction Manager,
furnished a[ihe Owners expense,and the Construction without additional compensation, shall cooperate with t
/ fvlanager shall be entided to rely upon the acwracy.ncl the Architect as necessary to bring Ihe Construction �
� completeness lhereof. Cost within the fixed limit, f
i
AIA DOCUMENT 6801•OWNE6-CONSTA`UCTION MANAGER AGREEtv1ENT• DECEMCER t)77 EDITION• AIA� !�
� �d 797J•7F�E i\MEI:ICAN INSTITUTE OF AFChIITECTS,V)i NCW YOFK AVE.,N.W.,WAShI1NGTON,D.C.20006 7 �
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ARTICLE 4 6.7.3 Payments for Reimbursabfe Expenses shall be made
upon presentation of the Construction Manager'S state-
ment.
DIREC7 PERSONNEL EXPENSf
6.2 No deductions shall be made from the Consiruc-�
Direct Personnel Expense is defined as the salaries of pro- �i�n Manager's mmpensation on acmunt of penalry,
fess�onal, technical and clerical employees engageJ on �iquidated damages, or other sums �vithheld from pay-
the Project hy the Construction Manager, and the co>t ments to Contractors.
of their mandatory and customary benefits such as sWtu-
tory• employee benefits, insurance, sick leave, holida�•s, 63 If the Project is suspended for more than three f�
vacations,pensions and similar beneGts. months or abandoned in whole or in part, the Con- !
struction Manager shall be paid his compensation !or
services performed,prior to.receipt of��rilten notice.from j �
ARTiCLE 5 �he Owner of such suspension or abandonment,together i
with Feimbursable Expenses then due,and all termination i
_ expenses as defined in Paragraph 7.2 resulting From such
REIMBURSASLE EXPENSES s�spension or abandonment. If the Project is resumed
after being suspended for more than three months, the {
5.1 Reimbursable Ezpenses are in addition ro the com- Construction Manager's compensation shall be subject�o �
pensation (or Basic and Additional Services and include renegotiation. I
actuat expenditures made by the Construction Manager, '
his employees, or his professional consultants in the 6.4 If construclion of the Project has started and is �
interest oF lhe Project: delayed by reason oF strikes, or other circumstance not
5.1.1 Long dista�ce calls and telegrams,and tees paid due ro the fault of the Construction Manager,the Owner
shall reimburse the Construction Manager tor the costs `
for securing approval of authorities having jurisdictivn of his Project-site staff as provided for by this Agreement. [
over die Pro{ect. The Construction Manager shall reduce the size oF his
5.1.2 Handling, shipping, mailing and reproduction of Project-si[e sWH after a 60-day delay,or sooner if feasibfe, s
Projed related materials. (or the remainder of the delay period as directed by the J
Owner and,during theperiod,1he Owner shall reimburse ;
SJ.3 7ransportation and fiving wfien Iravelin� in com the Construction Manager for the direct personne) ex-'
nection with the Projeci, relocation cos[s,and overtime pense of such staff plus any relocation cosls. Upon the
work requiring fiigfier than regular rates if authorized in �ermination of thc delay,the Constroction Manager shall
advance by the Owner. restore his Project-site staff to its former size,subject to i
5.7.4 Electronic da[a processing service and renWl of the approval of the Owner. 1 ' ;
electronic data processing equipment when used in con- 6.5 If the Project time schedule escablished in Subpara-
nection with Additional Services. sraph 1J.2 is exceeded by more than thirty days through
5.1.5 Premiums for insurence required in Article'10. no fault ot the Consiruction Manager,compensalion for
Basic Services per(ormed by Principals, empfoyees and
5.1.6 P�oviding construction supporc activities such as professional consultaMS required beyond the thictieth day
Work items included in Ihe Conditions oF the Contract ro complete the services under this Agreement shall be as �
and in the Specifications unless they are provided by the set forth in Paragraph I[G i
� Contractors. 6.6 Payments due the Cons[ruction Manager��•hich are �
unpaid for more than 60 days from date of billing shall f
bear interest at the legal rate of interest applicable at the �
ARTICLE 6 construction site. j
PAYMENTS TO THE CONSTRUCTION MANACER
6J Payments shall be made monthly upon presentation ARTICLE 7
of the Construction Manager's statement of services as 7ERAM1iNATION OF AGREEMENT
• . follows:
6.1.1 An initial payment as set for[h in Paragrapfi IIB is �•� This Agreement may be terminated by either party
the minimum payment under this Agreement. upon seven days'written notice should the ather party
fail substantially to perform in accordance with its terms
6.1.2 When compensation is computed as described in through no fault of the parry initiating termination. In
Paragraphs IfATa, IIA3, or IIA4, subrequen[ payments the e�•en[of termination due to the fault oF olhers than
for Basic Services shall be made in proportion to services the Construclion Manager, the Construction Manager
performed,The compensation at the completion of each shall be paid his compensation plus Reimbursable Ex-
Phase shall equal the foliowing per[enlages of the total penses for sen•ices performed to termination date and all
compensation for Basic Services: te.mination expenses.
. Design Phasc................................20qo 7•2 Termination expenses are defined as Reimbursable , :
Construction Phase .........................100% Expenses directfy attributable to termination, plus an �
� � AlA DOCUMENT D001�OWnEB-CON5IRUCTION MAhAGER/1GREEti1ENT• DECEMBER 7973 EDITION•AIAB �
8�. O 1973•THE AAIERICAN INSTITUTE OF ARCHITECTS,1735 NEW 1'ORK A�'F..N.W.,WASHINGTON,D.C.?OOOG
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�amoimt cornputeJ as a percentage of ttie rotal compen- such claim, Jispirte or o:her mauer in question a•ou!d
satiun ea:ncd» thc time of termination,as tullavs: be barred hy the applicable stawte ot limitations.
20 p�rcent u termination occun during �he Design 9.3 7he aw•ard rendered by the arbitrators sLall be final,
Fhnse;a and judgment map Ue entered upon it in accorclance�vith
�0 pe�c:rc�t af termination occurs durin3 the ConsVuc- applicable la�v in any cour[ haeing jurisdiction thereof.
tion%ia>a
ARTICtE 10 �
ARTSCtE i1 ;
11'SURr1NCE � i
SUCCESSORS AND ASSIGNS The Cunstruction Nlanager sfiall purchase and.mdintain i ' .
7he O��•na and the Construction Manager eath binds insurance to protect fiim;elt from daim>uncler�vorkmen's �
himselt, his p:rmer, successors, assigns and legal rep- compensation acts;claims for clamages because of bodily I
resentatire; to the other parry to this Agreemen[ and injury induding personal injury,sicknes� or disease, or
to the partners,successors,assigns and legal representa- death of any of his empfoyee; or of any peaon other
tives oE such other parry with respect to all covenants �han his employees; and Erom daims ior damages be- , .
of this �\grcement. Neither the Owner nor the Con- cause of injury to or destmction of tangible property in- �
siruction hlanager shall assisn; sublet or transfer his duding loss of use resulting therefrom;and from claims
interest in this Agreement without the�vritten consent of , arising ou[ of the performance of �rolessional services
the other. , caused by anp errors, omissions or negligent acts for ;
� �vhich he is legally liable• S
. ART(CLf 9 . . . . ARTICLE 1Y , �
ARBI7RA7JON � EXTENT Of AGREEMENT � • '
1 All claims,disputes and o[her mat[ers in question �7.7 This Agreement represents lhe entire and integrated �
be veen the parties to this AgreemeM,arising out of,oc �b�eement bebveen the O�vne: and the Constmction �
relat ro this Agreement or the breach thereof,shall be Manager and supersedes alI prior negotiations,representa- I
decide by zrbitretion in accordance�vith the Construa tions ar agreements,either�vrinen or oral. This Agree- �
tion Ind n�Arbitration Rules of[he American Arbitra- ment shall not be supzaeded by provisions oF conhscts
tion Asoci 'on then ob[aining unless the parties mu[ually for construction and may h° amended only by written !
agree ath=n�•i_ .No arb�'t�g C n,arising out of,or relating instrumen[ signed by both O�vner and Construction i
to Ihis Agreeme ,shalSirv�e�x consolidalion,joinder Mana�cr. �
or in xny other m ner,any a[{drConal party not a party b " ' i
to this Agreement e ept by�4{i�rt onsent containing a �1.2 Nothing co�tained hereiii shall be deemed to j
specific reference to th-Aoreemen[an si ed by all the ��eate any contrac�ual relationship 6ehveen the ConsVUo-
parties he:eto. Any cop nt to arbitf�involving an tion Maaager and the Architect or any ot the Contractors, ',
additional party or parties all no[consti�it��consen[to Subcontractors or material suppliers on the Project;nor �
arbitration of any dispute no described tfieF�jmor�vith sha41 anything contained herein be deemed to give any
any party not named or describe t in.This hgreement lhird party any claim or rioht of action against the Owner �
to arbitrate and any agreement to e with an addi- or the Construction Managec�vhich does not othenvise
tional party or parties duly consen by the parties exist�vithout regarJ to this Agreement.
hereto shafl be•sperifically orc •under the pre-
vailing arSitration law. �
9.2 notice uF Ihe demand ior arbi�Gon all be fited ARTICLE '12 ,
.in�vriting a•ith the other par[y ro this Agreeme and�vith
[he Am�rican nrbitration Association.The dem d shall GOVERn17�G LAW
be made�citl:i�a reasonable time after the daim, 'pute
or other maiter in yuestion has arisen. In no event all Unless othenvise specihed, this Agreement shall be
the demand fur arbitralion be made after the date�vh governed by the la« in efiect at the location oE the
Project.
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AI.\DOCU.�I£Nf l:007•UIYNER-CO�STRUCTIp,V.Af.\NAGER e�CFFEh1ENT• UECE�IFER 1973 EDIflO\- AIAi? - �� .
O 7'Ji!•THE.\.�tEF;IG\N INS7ITUTE Of\RCf11TECT5,Pli NEl1'VORA A\':.,R\V„WASHI�GTO\,D.C.2UW� 9 !� �
�
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" ARTICLE 13
OTHfR CONDITIONS OR SERViCES �
t.`
It is understood by all the parties that completion of the services herein
contracted for is conditioned upon receipt of EDA grant fimds, an application
for which is pending, in the event funds are not awarded, Pitkin Cowity may ;�
• terminate this Agreement without penalty; provided, howevei, that•Benedict �
Associates Incorporated shall be reimbursed for time and cost to time of- F�
" termination at the rates h�erein specified. � .
It is understood that the fee for Basic Service for Architectural,Engineering . r�.
and Construction Management will not exceed 18� of the total construction cost �
of tiie project; however, unknown conditions in a remodeling project may justify '}
an upward adjustment of this top-set amount. i `
Any request for sudi an adjustment must be made in writing, stating the condition
�
and estimating the amount required. Written authorization by the Owner to exceed the U
top-set 18$ must be secured prior to continuing the service of the Architect, $
Engineer or Construction Manager. 3
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This Agreement executed the day and year first written above. {
OWNER TKIN COUNTY CONSTRUCTION MANAGER. i
� I
� 8`-/Z--'LJ
Georg L. hs Da e Thomas J. ste erg, P. , Date
Count Manager Vice Presi ent
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� � � � AIA DOCUMFMT 6801•O4VNER-CONSTRUCTION MANACER AGREEMENT•DECEMBER 1973 EDITION•AIA� � I�
� . - �0. m 1973•THE AMERIUN 1NSTITUTE OF ARCHITECTS,7A5 NEW YORK AVE.,N.W.,WASH�NGTON,D.C.20D06
1 �