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HomeMy WebLinkAboutPACKET Stanley Park Committee 1984-01-22STANLEY PARK COMMITTEE Thursday, January 22, 1987 / [ AGENDA Architect selection for Indoor Arena - Review. ) /Z: Estes Park Area Historical Museum - Letter dated January 16, 1987, 3, International Association of Fairs and Expositions (IAFE) Zone 7 Meeting - Authorization to attend. REPORTS: A. Colorado Fair and Shows Conference held January 12th and 13th, 1987, Denver. ?Gel tv S ______•.• _ • I • -- • z — 1- 7 0 0 www - • N 71.- OS W ESTES PARK AREA HISTORICAL USEUM 200 4TH. STREET • P.O. BoX 1691 • ESTES PARK. COLORADO80517 • PHONE (303) 586-6256 January 16, 1987 Board of Directors Estes Park Urban Renewal Authority Estes Park, Colorado The building located at 111 Fast Riverside Drive, which most recently housed the Estes Appliance & TV, was the administration building for Rocky Mountain National Park from 1915 to 1923. At that time the building was located around the corner on Elkhorn Avenue. Those first eight years in the existence of RMNP also marked a period of growth and development in downtown Estes Park, and when the brick buildings were constructed on the Boyd. Corner in 1925 this building was moved to its present location, displacing the Boyd Blacksmith Shop which was moved. next to the river for fire prevention purposes. That urban renewal project separated the frame buildings, and the new brick construction was more fire proof. Because of its historical significance with the beginning of RNTTTP and architectural significance as an eary Estes Park store front, our board of directors, at its January 15, 1987 meeting, voted to accept the building for re -location to the museum grounds if it becomes the property of EPURA, and if it is offered to the museum, provided the museum can raise the funds necessary to re -locate the building, and provided additional land on which to place it can be included in the museum's lease from the Town. This action is also subject to approval by the Stanley Park Committee and the Town of EstesPark. Thank you for any help and consideration you can give to the preservation of this building. Sincerely, Mel Busch Director Copies: Stanley Park Committee • Thorp Associates Inc. " OWNER: ARCHITECT: 1 • 1 • - DATE 20j . . , . . FOR DISCUSSION ONLY ;. • TOWN OF ESTES PARK ' c/o The Honorable Henry.Dannels',--Mayor P.C. Box 1200 Estes Park, Colorado, '80517 THORP ASSOCIATES, P.C. P.O. Box 129 Estes Park, Colorado, 80517 AGREEMENT DATE: Agreement made as of the Twenty-seventh-daY of January-An.t year of Nineteen Hundred and Eighty-seven:2.--:. . . PROJECT DESCRIPTION: Architectural and Engineering Services (including Structural, Mechanical, Electricali-Civil, Acoustical, Audio,and-Soils Engineering) as well as Arena and Horseshow Consulting Services, 63 lbe provided in two phases for the design of an approximate 66,500 S.F. Multi -Purpose Arenain accordance with 'the following Contractual Agreement, to be located on the Stanley Park grounds, in Estes -Park, Colorado. 'The two phases of Professional Service and Consultation will be separated as follows: 1) Pre -Bond Phase: Schematic and Design Development Services to establish the scope of the Project, develop presentation drawings and renderings, and assist the Town in presenting concept to public groups; • 2) Post -Bond Phase: (to be accomplished only if a Bond Election . to construct the Project is approved by the public) • Contract Document and Bidding Phase Services including assistance to the Owner in awarding a General Contract 'to build the -Project. (Construction Administration Phase Services will be available if requested by the Owner and for additional compensation as provided in this Contract.) The Owner and the Architect agree as set forth below. °.0.Box 129, 131 Stanley Ave, Estes Park, Co. 80517 Local:586-9528 Metro:534-1378 TERMS AND CONDITIONS OF.AGREEMENT BETWEEN OWNER AND -ARCHITECT ARCHITECT'S SERVICES AND RESPONSIBILITIES I. BASIC SERVICES GENERAL A. The Architect's Basic Services areas described under the four-`- phases described below and include normal structural, mechanical .and electrical engineering __services and -.':=any ;.other, =':services F: included in Article 15 as part of Basic Services. SCHEMATIC DESIGN PHASE A. The Architect shall review the program furnished.by:the".Owner and shall review with the Owner alternativeapproaches;to design` and construction of the project. B. The Architect shall coordinate °a multi -disciplinary Schematic Design -Study Session involving the Owner and all Consultants in order to facilitate the orderly compilation = of Schematic Programming Data for use in developing initial Concept`.: Drawings and other documents. = C. Based on input- from .the -;,Schematic :'Design =Study >:Session . and mutually agreed_upon program and project'budget_requirements,Tthe' Architect shall _ prepare for _'approval by . ;the —Owner,-- Schematic Design Documents consisting' -of drawings and other. documents illustrating the scale and relationship of Project components.' D. The Architect shall submit to the Owner a Statement of Probable Construction Cost based on current area, volume or other unit costs. III. DESIGN DEVELOPMENT PHASE A. Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program or Project budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. B. The Architect shall prepare presentation floor plans, site plan and exterior rendering for use of the Owner in promoting the Project before the public. The Architect and the Arena Consultant (Mr. Joe Terrill) shall be available for at least one day to meet with public groups in promotion of the project. • :i i , _ ' <f '.f":i. r ,3'�a 5:.' .'S"' .Ah A. ,Upon approval of �thespertinent _.Bond Lssue_ by Wthe .Public, ;and based on theapproved 'Design Development Documents, the Architect shall prepare, ,:for approval. `by ;the'<`Owner, Construction Documents consisting of :Drawings "'and Specifications'�setting :forth in detail the requirements for .the construction -of the Project,_,and shall tenants : of Probable Construction Cost. B. The "'Architect shall;:' assise `;Owner =in connection with 'the Owner's responsibility for filing -,documents' required for. -the approval of governmental authorities having:jurisdiction over the Project; .. - _, E_, ._:2e" ..... e'. —.r •w„z..,, a _r- .._.'d s_?�s,.:?�....... .. -. .-a _. _ ant,, e_ ..... .-'t ..,� a ..... BIDDING ORNEGOTIATION PHASE A. The Architect, following ::the ' ;Owner's ` :':approval of rthe-, Construction' -.Documents_ 'and `of •the latest .,Statement Yof Probable Construction -Cost, .shall assist the -:Owner in .obtaining bids and in awarding and. preparing contracts for construction. VI. CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT A. _ Construction Phase services are not included as a -part of .this Contract However, -all normal Construction Phase Services, such, as Construction Observation, Shop DrawingReviewand Development= of Punch Lists shall be' available .for additional -compensation .as called out in Article 14, Subparagraph III B. _.The -Architectand Design: Consultants .`shall not be responsible_ .= for '.field mto 'the Contract -modifications . '`... _ � _:.Documents made _--:during � _= construction unless `.the modifications are first reviewed and approved by the Architect of appropriate Design Consultant.- VII. ADDITIONAL SERVICES — GENERAL A. The following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by _the Owner and they shall be - paid for by the Owner, as provided in this Agreement, in addition to the compensation for Basic Services. 1. Providing financial feasibility 2. Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. or other special studies. 3. Providing services •to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 4. Providing Detailed Estimates of Construction Cost, analyses of owning -and operating costs, or detailed quantity surveys or inventories of material,equipment and labor. 5. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect. 6. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 7. Priparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. VIII. TIME A. The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. ARTICLE 2 THE OWNER'S RESPONSIBILITIES I. SCOPE OF OBLIGATIONS A. The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. B. If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, an other costs which are the responsibility of the Owner, including those described in this Article 2 and in Article 3, Subparagraph I.B. 5 C. The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. D. The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights -of - way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; •locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. E. The Architect shall be entitled to rely upon the accuracy and completeness of all services, information, surveys and reports which are furnished by the Owner. F. If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written -notice thereof shall be given by the Owner to the Architect. G. The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST I. DEFINITION A. The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. B. The Construction Cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipment which has been designed, specified, selected or specially provided for by the Architect. C. Construction Cost does not include the compensation of the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Article 2. . RESPONSIBILITY FOR CONSTRUCTION COST A. Evaluations of the "Owner's Project budget, Statements ,of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if - any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Architect. ARTICLE 4 DIRECT PERSONNEL EXPENSE I. Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES I. Reimbursable Expenses are in addition to the Compensation of Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Sub -paragraphs. A. Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long -distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. B. Expense of reproductions, blueprints, and handling of Drawings, Specifications and other documents. C. Expense of data processing and photographic production techniques when used in connection with Additional Services. ARTICLE 6 PAYMENTS ON ACCOUNT OF BASIC SERVICES A. An initial payment is set forth in Article 14, Paragraph I.A. b. Subsequent payment for Basic Services shall be made monthly and shall be in proportion to services performed within each Phase of services, on the basis set forth in Article 14. II. PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES A. Payments on account of the Architect's Additional Services as defined in Article 1, Section VII and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS I. Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS I. Drawings and Specifications, as instruments of service, are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to -retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for completion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. ARTICLE 9 ARBITRATION I. All claims, disputes and other matters in questions between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement exceptby: -written consent containing a .specific reference to this Agreement and signed by the Architect, the -Owner, and any. other person soughttobe joined. II. Notice of the demand for arbitration shall be filed in writing with the other - party to this Agreement and with the _American Arbitration Association. The demand'shallbe made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the .date` when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable_:: statute of limitations. III. The award rendered by the arbitrators shall be final, may be entered upon it in accordance with applicable law having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT and judgment in any court - I. This Agreement may be terminated by either party upon seven (7) days' written notice should the 'other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. II., In :he event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to termination date, together with Reimbursable Expenses .then due. ARTICLE 11 MISCELLANEOUS PROVISIONS I. Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. II. The Architect's liability to the Owner and to all Construction Contractors and Sub -contractors on the project, shall be limited, for the Architect's negligent acts, errors or omissions, such that the total aggregate liability of the Architect to those named shall not exceed fifty -thousand dollars ($50,000.00), or the amount of the Design Professional's fee, whichever is greater. III. The Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages covered by any property insurance during construction as set forth in the edition of AIA Document A210, General Conditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. .ARTICLE 12 SUCCESSORS AND ASSIGNS I. The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect -shall assign, _sublet, or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT I. This Agreement between the Owner negotiations, representations or agreements, This Agreement may be amended only by written Owner and Architect. ARTICLE 14 represents the entire and integrated agreement and the Architect and supersedes all prior either written or oral. instrument signed by both BASIS OF COMPENSATION I. The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: A. AN INITIAL PAYMENT OF One -thousand Five Hundred Dollars ( $1,500.00 ) shall be made upon execution of this Agreement and credited to Owner's final billing statement for Basic Service. - II. BASIC COMPENSATION A. FOR BASIC SERVICES, as described in Article 1, and any other services included in Article 15 as part of Basic Service, Basic Compensation shall be computed as follows: For all services rendered through the time of Bond Election (Pre -Bond Services) $24,440.00 For all services rendered from the time of Bond Election through the Contract Bidding Phase(Post-Bond Services) TOTAL FEE: $3',777.00 I $5$,217.00 III. ADDITIONAL SERVICES COMPENSATION A. IF ADDITIONAL SERVICES are required beyond those.called out in .Articles 1 and 15, the Architect shall provide those services accordance with the following hourly rate schedule: Joe Terrill, -Consultant Equestrian Alternatives Acoustical Engineering Sound System Design Soils Investigation Principal Architect Principal Civil, Structural, Mechanical, Electrical Engineer Project Architect Design Civil, Structural, Mechanical, Electrical Engineer Architectural Job Captain Drafting Architectural Office Manager Clerk/Typist $80.00/Hour $48.00/Hour $55.00/Hour $50.00/Hou r $300.00/Hole $ 60.00/Hour 55.00/Hour 48.00/Hour 45.00/Hour 36.00/Hour 28.00/Hour 18.00/Hour 15.00/Hour in B. The cost of Additional Services shall be billed out monthly in addition to billings for Basic Services. IV. FOR REIMBURSABLE EXPENSES, as des-cribed in Article 5, and any other items included in Article 15-as Reimbursable Expenses, a multiple of 1.15 ( 115% ) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. V. Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate of one and one-half percent ( 1.5% ) per month. VI. The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: A. IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. B. IF THE SERVICES covered by this Agreement have not been completed within twelve ( 12 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. J I' ARTICLE 15 ADDITIONAL BASIC SERVICES . CIVIL ENGINEERING: A. Engineering Services will be provided as described in the November 26,"1986 Request For Proposal from the Town of Estes Park. Services will include soils testing and asphalt design, landscape design, surveying, storm drainage, parking design, on - site water; sewer, and electrical design,- and meetings and conferences. II. SOILS INVESTIGATION: A. Soils Investigations with written reports shall be accomplished in the building area ( five holes ) and in the parking and storm sewer areas ( six holes) . III ACOUSTICAL ENGINEERING: A. Acoustical Engineering services to be provided as a part of this Contract includes a preliminary design meeting, analysis of the acoustical properties of the structure, noise control design, a cost estimate and final review of Drawings. IV. AUDIO SYSTEM DESIGN: A. Design of a voice quality sound .system throughout the structure is included as a part of this Contract. Services include, a preliminary design meeting, concept design with computer generated one -line diagram and cost estimate, as well as, Construction Documents for bidding purposes. V. HORSESHOW/ARENA CONSULTANTS: A. The services of Mr. Jeff Gilbert of Equestrian Alternatives are included as a part of this Agreement, including a preliminary design meeting, as well as, correspondence and Drawing review time. B. Mr. Joe Terrill of Horst, Terrill and Karst will be available for preliminary design meetings, concept review, project promotion and final Drawing review. The Agreement includes two days during. preliminary design, one day during promotion, and one-half(1/2) day of Drawing review. This Agreement entered into as of the day and year first written above. Town of Estes Park c/o The Honorable Henry Dannels, Mayor P.O. Box 1200 Estes Park, Colorado, 80517 ARCHITECT: Thorp Associates, P.C. Roger M. Thorp, President P.O. Box 129 Estes Park, Colorado, 80517 BY: ATTEST: �fl" fit\: (/ (( f`fr<<(il(MtiIW°' '.',Thorp Associates Inc.' OWNER AND ARCHITECT OWNER: TOWN OF ESTES PARK c/o The Honorable Henry Dannels, Mayor P.O. Box 1200 Estes Park, Colorado, 80517 ARCHITECT: THORP ASSOCIATES, P.C. P.O. Box ..129 Estes Park, Colorado, 80517 AGREEMENT DATE: Agreement made as of the Twenty-seventh day of January in the year of Nineteen Hundred and Eighty-seven.-7--- PROJECT DESCRIPTION: Architectural and Engineering -Services (including Structural, Mechanical, Electrical;Civil, Acoustical, Audio, _and `Soils Engineering) as well as Arena and Horseshow Consulting Services, to be provided -in two phases for the design of an approximate 66,500 S.F. Multi -Purpose Arena in accordance with *the following Contractual Agreement, to be located on the Stanley Park grounds, in Estes Park, Colorado. 'The two phases of Professional Service and Consultation will be separated as follows: 1) Pre -Bond Phase: Schematic and Design Development Services to establish the scope of the Project, develop presentation drawings and renderings, and assist the Town in presenting concept to public groups; 2) Post -Bond Phase: (to be accomplished only if a Bond Election to construct the Project is approved by the public) - Contract Document and Bidding Phase Services including assistance to the Owner in awarding a General Contract to build the Project. (Construction Administration Phase Services will be available if requested by the Owner and for additional compensation as provided in this Contract.) The Owner and the Architect agree as set forth below. P.O.Box 129, 131 Stanley Ave., Estes Park, Co. 80517 Local:586-9528 Metro:534-1378 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNERAND ;ARCHITECT ARTICLE 1 ARCHITECT'S BASIC SERVICES AND RESPONSIBILITIES SERVICES - GENERAL A. The Architect's _Basic Services are as :described under_ the „four x phases described below and include normal:structura1,`:_:mechanical .and electrical engineering -services :and '-any other `services included in Article 15 as part of Basic Services SCHEMATIC DESIGN PHASE A. The Architect shall review the program furnished by and shall review with the Owner alternative approaches and construction of the project. B. The Architect .shall=coordinate a multi-disciplinary.Schematic`. Design Study Session involving the Owner and All ::Consultants in - order to facilitate the � ,;_ orderly .;compilation ' of ..;,Schematic Programming Data for use in developing -initial - g gg initial ConceptDrawings and other documents.' C. Based on input = from the -;Schematic _Design Study Session :and mutually agreed upon program and project budget requirements,—,thei Architect shall :_.prepare for _-approval by _:the " Owner;:. Schematic Design Documents consistingof -drawings and other' documents illustrating the scale and relationship of Project components: the -,Owner to design` D. The Architect shall submit to the Owner a Statement of Probable Construction Cost - based on current area, volume or other'unit costs. - III. DESIGN DEVELOPMENT PHASE A. Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program or Project budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. B. The Architect shall prepare presentation floor plans, site plan and exterior rendering for use of the Owner in promoting the Project before the public. The Architect and the Arena Consultant (Mr. Joe Terrill) shall be available for at least one day to meet with public groups in promotion of the project. urther `.Statement;. A. Upon -approval Tof >the pertinent Bond Issue by `the ,Public, Fand; based on the ;approved-tDesign ,Development -,Documents, :the Architect shall prepare, ;for :: approval . `by .the";`Owner, Construction;'Documents' consisting of Draw_ ings "and Specificationssetting ;forth :in detail_. the requirements -'.for the construction •of the Project "and shall advise the '*:Owner :Of any adjustments{ to ' previous ;Statements' of Probable :Construction ;'Cost. B. The :Architect -;shall 'assist 1the Owner :.in:connection with .: t Owner's .?res_ponsibility :for ;filing documents :required ;.for t approval of governmental authorities having jurisdiction overtt Pro ect.`„w s- �_ r `� ..�� x. _•s,:,�.�'r, , �_, ; BIDDING OR NEGOTIATION PHASE A The :- Architect, `. following the . Owner's approval of :the Construction -Documents and :of the :latest `.'Statement Hof Probable Construction -Cost, shall assist. the :Owner, _in'.obtaining bids ;'and in awarding and preparing contracts for' cOn-Struction >,.- •: VI. CONSTRUCTION PHASE --ADMINISTRATION OF THE CONSTRUCTION CONTRACT A. Construction Phase services are no included as a :part "of this Contract.However, all normal Construction Phase Services, such as Coristruction Observation, Shop Drawin Review and Development of Punch Lists shall be f available :;for additional -compensation as :.. called out in Article 14, Subparagraph III .__The -Architect -ana Design Consultants' -shall .not be :responsible for ".field _Modifications to =°the ' Contract ;.Documents made `during construction unless `:the modifications are first reviewed and approved by the Architect of appropriate Design Consultant. VII. ADDITIONAL SERVICES - GENERAL A. The following Services are not included in Basic .Services unless so identified in Article 15. They shall be -provided if authorized or confirmed in writing by the Owner and they shall be - paid for by. the Owner, as provided in this Agreement, in addition to the compensation for Basic Services. 1. Providing financial feasibility or other special studies. 2. Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. 3. Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 4. Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material,equipment and labor. 5. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or. instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect. 6. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 7. Prparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, -drawings and other data furnished by the Contractor to the Architect. VIII. TIME A. The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for periods of time requ-fired for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. - ARTICLE 2 THE OWNER'S RESPONSIBILITIES I. SCOPE OF OBLIGATIONS A. The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. B. If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, an other costs which are the responsibility of the Owner, including those described in this Article 2 and in Article 3, Subparagraph I.B. C. The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. D. The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights -of - way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; -locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. E. The Architect shall be entitled to rely upon the accuracy and completeness of all services, information, surveys and reports which are furnished by the Owner. F. If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written -notice thereof shall be given by the Owner to the Architect. G. The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST I. DEFINITION A. The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. B. The Construction Cost shall include at current market rates, including.a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipment which has been designed, specified, selected or specially provided for by the Architect. C. Construction Cost does not include the compensation of .the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Article 2. RESPONSIBILITY FOR CONSTRUCTION COST A. Evaluations 'of the -Owner's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if - any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Architect. RTICLE 4 IRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of all he Architect's personnel engaged on the Project, and the portion of he cost of their mandatory and customary contributions and benefits telated thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and imilar contributions and benefits. RTICLE 5 REIMBURSABLE EXPENSES 1. Reimbursable Expenses are in addition to the Compensation of Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Sub -paragraphs. A. Expense oftransportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. B. Expense of reproductions, blueprints, and handling of Drawings, Specifications and other documents. C. Expense of data processing and photographic production techniques when used in connection with Additional Services. ARTICLE 6 I. PAYMENTS ON ACCOUNT OF BASIC SERVICES A. An initial payment is set forth in Article 14, Paragraph I.A. b. Subsequent payment for Basic Services shall be made monthly and shall be in proportion to services performed within each Phase of services, on the basis set forth in Article 14. II. PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES A. Payments on account of the Architect's Additional Services as defined in Article 1, Section VII and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of. the Architect's statement of services rendered or expenses incurred. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS I. Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS I. Drawings and Specifications, as instruments of service, are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for completion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. ARTICLE 9 ARBITRATION I. All claims, disputes and other matters in questions between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except.: by -written consent containing a .specific reference to this Agreement and signed by the Architect, the,Owner, and anyother person sought „to be joined. II. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the _American Arbitration Association. The demand'shall ba made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the .date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. III. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT Z. This Agreement may be terminated by either party upon seven (7) days' written notice should the -other party fail substantially to perform in accordance with its terms through no fault of the party - initiating the termination. II., In :he event of termination not the fault of the Architect., the Architect shall be compensated for all services performed to termination date, together with Reimbursable Expenses then due. ARTICLE 11 MISCELLANEOUS PROVISIONS I. Unless otherwise specified, this Agreement shall be governed by the law of the principa p ace the Architect. II. The Architect's liability to the Owner and to all Construction Contractors and Sub -contractors on the project, shall be limited, for the Architect's .negligent acts, errors or omissions, such that the total aggregate liability of the Architect to those named shall not exceed fifty -thousand dollars ($50,000.00), or the amount of the Design Professional's fee, whichever is greater. III. The Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages covered by any property insurance during construction as set forth in the edition of AIA Document A210, General Conditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. SUCCESSORS AND ASSIGNS I. The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet, or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT I. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 14 BASIS OF COMPENSATION I. The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: A. AN INITIAL PAYMENT OF One -thousand Five Hundred Dollars ( $1,500.00 ) shall be made upon execution of this Agreement -and credited to Owner's final billing statement for Basic Service. II. BASIC COMPENSATION A. FOR BASIC SERVICES, as described in Article 1, and any other services included in Article 15 as part of Basic Service, Basic Compensation shall be computed as follows: For all service rendered through the time of Bond Election (Pre -Bond Services) $24,440.00 For all services rendered from the time of Bond Election through the Contract Bidding Phase(Post-Bond Services) TOTAL FEE: 2 $3%, 777. 00 /; $5,g,217.00 III. ADDITIONAL SERVICES COMPENSATION A. IF ADDITIONAL SERVICES are required beyond those .called out in .Articles 1 and 15, the Architect shall provide those services accordance with'the following hourly rate schedule: Joe Terrill, Consultant Equestrian Alternatives Acoustical Engineering Sound System Design Soils Investigation Principal Architect Principal Civil, Structural, Mechanical, Electrical Engineer Project Architect $ Design Civil, Structural, Mechanical, Electrical Engineer Architectural Job Captain Drafting Architectural Office Manager Clerk/Typist $80.00/Hour $48.00/Hour $55.00/Hour $50.00/Hou r $300.00/Hole $ 60.00/Hour 55.00/Hour 48.00/Hour 45.00/Hour 36.00/Hour 28.00/Hour 18.00/Hour 15.00/Hour in B. The cost of Additional Services shall be billed out monthly in addition to billings for Basic Services. IV. FOR REIMBURSABLE EXPENSES, .as described in Article 5, and any other items included in Article 15-as Reimbursable Expenses, a multiple of 1.15 ( 1150 ) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. V. Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate of one and one-half percent ( 1.5% ) per month. VI. The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: A. IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. B. IF THE SERVICES covered by this Agreement have not been completed within twelve ( 12 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 15 ADDITIONAL BASIC SERVICES . CIVIL ENGINEERING:: A. Engineering'"Services will be provided as described in the November 26, 1986 Request For Proposal from the Town of Estes Park. Services will include soils testing and asphalt design, landscape design, surveying, storm drainage, parking design, on - site water, sewer, and electrical design, and meetings and conferences. II SOILS INVESTIGATION: A. Soils Investigations with written reports shall be accomplished in the building area ( five holes ) and in the parking and storm sewer areas ( six holes ). III ACOUSTICAL ENGINEERING: A. Acoustical Engineering services to be provided as a part of this Contract includes a preliminary design meeting, analysis of the acoustical properties of the structure, noise control design, a cost estimate and final review of Drawings. IV. AUDIO SYSTEM DESIGN: A. Design of a voice quality sound system throughout the structure is included as a part of this Contract. Services include, a preliminary design meeting, concept design with computer generated one -line diagram and cost estimate, as well as, Construction Documents for bidding purposes. V. HORSESHOW/ARENA CONSULTANTS: A. The services of Mr. Jeff Gilbert of Equestrian Alternatives are included as a part of this Agreement, including a preliminary design meeting, as well as, correspondence and Drawing review time. B. Mr. Joe Terrill of Horst, Terrill and Karst will be available for preliminary design meetings, concept review, project promotion and final Drawing review. The Agreement includes two days during. preliminary design, one day during promotion, and one-half(1/2) day of Drawing review. This Agreement entered into as of the day and year first written above. OWNER: Town of Estes Park c/o The Honorable Henry Dannels, Mayor P.O. Box 1200 Estes Park, Colorado BY: 80517 ARCHITECT: Thorp Associates, P.C. Roger M. Thorp, President P.O. 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