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HomeMy WebLinkAbout 19-75 Fransen Pittman agrmnt-TH RemodelRESOLUTION 1945 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FRANSEN PITTMAN CONSTRUCTION COMPANY REGARDING PRECONSTRUCTION SERVICES FOR THE FIRESTONE TOWN HALL CONSTRUCTION PROJECT WHEREAS, the Town of Firestone (the "Town") is in need of certain preconstruction services in connection with its Town Hall Remodel Construction Project (the "Project"); and WHEREAS, Fransen Pittman Construction Company has the skill and experience to perform the preconstruction services required for the Project, and desires to perform the ?reconstruction services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Preconstruction Services Agreement between the Town of Firestone and Fransen Pittman Construction Company is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the ?reconstruction Services Agreement on behalf of the Town. 0 INTRODUCED, READ AND ADOPTED this 14th day of Au ust, 2019. T: Vanarsdall, Town Clerlc AS TO FORM: . Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO 61A AM ®LrSTO B i Sinde , Mayor so.a..oa, e� DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Project: Town Hall expiation Pre Construction Agreement Contractor: Fransen Pittman Total Cost : 10 000 Term: August 1511— October 31" Acct, or P.O. #: FOR GOODS AND/OR SERVICES LESS THAN $50,000 THIS AGREEMENT ("Agreement"), is made this day of August 2019, between the Town of Firestone, a Colorado statutory town, hereinafter referred to as "FIRESTONE," whose address is 151 Grant Ave., P.O. Box 100, Firestone, Colorado, 80520, and Fransen Pittman General Contractors, as independent contractor, hereinafter referred to as "CONTRACTOR," whose address is 9563 S. Kingston Court, Suite 200 Englewood, CO 80112, and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A, hereinafter referred to as the "Project". Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time; CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before October 313 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon CONTRACTOR's receipt of payment from FIRESTONE, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an Page 11 General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney Jttly 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in Schedule A. ARTICLE II CONTRACT PRICE Section 2.1 Contract Price: In consideration for the completion of the Project by CONTRACTOR in accordance with the terms of this Agreement, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ® As described in Schedule A. ❑ A fixed sum of $ ❑ Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $ Section 2.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent. Section 2.3 Set -Off: In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by the Town Council of the Town of FIRESTONE. Any failure of a Town Council annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. Page �2 General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSlgn Envelope ID: CFFAC54D-D298-4D1B-A432-F701B5CB132A2 Section 2,5 Appropriation; If this is a contract for the design or construction, or both the design and construction of a public works project, FIRESTONE has appropriated fiends equal to or in excess of the Contract Price, ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Project Performance; In consideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE, Section 3.2 Ownership and Use of Documents; (check and initial all that apply) ❑ (a) The following Sections 3.2(a)(1) and (2) are applicable to design 7rofessionals (architects, engineers, etc.); (1) The documents prepared by CONTRACTOR in connection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work under this Agreement without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR appropriate to and for use in the execution of their work, under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR, (2) Notwithstanding the pz•ovisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement. ® (b) The following Sections 3.2(b)(1) through (3) are applicable to rron�rofessio�als (contractors, suppliers, etc.); (1) Any documents prepared by CONTRACTOR, and copies thereof furnished to other parties are for use solely with respect to this Project, They are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR, Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR appropriate to and for use in the execution of their work under this Agreement, All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR, Page 13 General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 (2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (1) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional, and (11) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement. FIRESTONE shall not convey any such documents generated by CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR shall at its own expense keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($110003000.00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work Page 14 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney 7uly 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage, (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for• notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Government Immunity Act; The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or• intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 2440-101 et secs, as may be amended, or those otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification; CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor(si: CONTRACTOR shall, as soon as practicable after• the signing of this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. Section 3.7 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. Page I5 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Section 3.8 Binding EffecyNon-Assi ng_ability: FIRESTONE and CONTRACTOR each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONTRACTOR shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other. Section 3.9 Compliance with Law: CONTRACTOR agt•ees to perform the work in compliance with all applicable federal, state, county and Town laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the "Keep Jobs in Colorado Act") as may be amended. Section 3.10 Immigration Status Obli atg ions: (a) CONTRACTOR certifies, through signatuz•e of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's &Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. (b) CONTRACTOR shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (c) CONTRACTOR shall affirm as required by C.R.S. § 847.5402 (c) (II) as may be amendedI the employment eligibility of all employees who are newly hkzed for employment to perform work under the public contract for services through participation in either the &Verify Program or the Department Program. (d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. (e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under• the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or Page 16 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1 B-A432-F70B5CB1 32A2 contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (f) CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5401 et seq., as may be amended. (g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.11 Notice and Communications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized for notice required to be given under this Agreement. Facsimile and e-mall addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via e-mail or• facsimile. FIRESTONE: Town of FIRESTONE 151 Grant Street (PO Box 100) Firestone, Colorado 80520 Attn; A.J. Krieger Telephone: 303.531.6255 E-mail: aluieger@firestoneco.gov CONTRACTOR: Fransen Pittman General Contractor 9563 S. Kingston Court, Suite 200 Englewood, CO 80112 Attn: John C. Pittman Telephone: 303.783.3900 E-mail: jpittman@fiansenpittman.com ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 41 Project Materials/Confidentiality: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as may be reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Page 17 General Contract— SHORT FORM (Goods and/or Services Loss Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Section 4.2 Access to Property and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-101, et seq. as may be amended. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. Section 4.3 FIRESTONE's Representative; FIRESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTOR's services. ARTICLE V MISCELLANEOUS Section S.1 Colorado Law: This Agreement is to be governed by the Laws of the State of Colorado. Venue for any litigation shall be in Weld County, Section 5.2 Amendments; Change Ordez•s: This Agreement znay only be amended, supplemented or modified in a written document signed by both parties (a "Change Order"). if this is a contract for the design or construction, or both the design and construction of a public works project, no change in the Contract Price requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the original Agreement, shall be valid, unless FIRESTONE gives CONTRACTOR written assurance that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to the performance of the additional work, or unless such work is covered under a remedy -granting provision in this Agreement. Section 5.3 Counterparts, This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Section 5.4. Severability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. Section 5.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other• prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the patties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. Page 18 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Fonn Approved by Town Attomay July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Section 5.6. Default/Attorneys Fees; In the event %J default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 5,7. No Waiyet: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the patties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE M A TEST• oA",4dJ Leah Vanarsdall, Town Clerk AS TO FORM; William �': Hayashi, Town Attorney CONTRACTOR Dooe5lpned by: Name: 71742D84AQD84 9... n Pittman -- Title: President Page �9 General Contract —SHORT FORM (Goods and/or Services Less Thatt $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and dated ) This Agreement is made this 14th day of August in the year two thousand and ninefieen by and between: OWNER: Town of Firestone 151 Grant Ave Firestone, CO 80520 CONTRACTOR: Fransen Pittman Construction Company, Inc. 9563 S. Kingston Ct. Englewood, CO 80112 For the Preconstruction Services in connection with the following: PROJECT: Firestone Town Hall: Addition and Remodel THE AGREEMENT it is the intent of the Owner and Contractor to negotiate in good faith the terms and provisions of an Agreement for the construction of this Project in accordance with the Owner's budget, schedule and scope requirements to be determined by the Owner in its sole discretion. THE PROJECT BUpGE?: Anticipated Hard Construction Cost will be approximately TBD SCHEDULE: Construction start is anticipated to be November 15t, 2019 with Completion in July 31", 2020s SCOPE: Preconstruction Services during the planning and design of Firestone Town Hall Addition & Remodel CONTRACTOR'S RESPONSIB1LITlES The Contractor will provide the Preconstruction Services required by the Protect to facilitate the Architect's development of the Project Plans and Specifications to accommodate a timely commencement of the Project, These services specifically include: Page �10 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Preliminary Evaluation The Contractorshall provide a preliminary evaluation of the Owner's Program, Budget and Schedule requirements each in terms of the other. ® Consultation The Contractor, with the Architect, shall jointly schedule and attend regular meetings with the owner. The Contractor shall consult with the Owner and Architect regarding site use and Improvements and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on: o construction feasibility; o actions designed to minimize adverse effects of labor or material shortages; o time requirements for procurement, installation and construction completion, o Factors related to construction costs including estimates of alternative designs or materials, preliminary budgets and possible economies. ® Preliminary Project Schedule When Project requirements have been sufficiently identified, the Contractor shall prepare, and periodically update, a Preliminary Project Schedule for the Architect's review and the Owner's approval. The Contractor shall obtain the Architect's approval of the portion of the Preliminary Project Schedule relating to the performance of the Architect's services. The Contractor shall coordinate and integrate the Preliminary Project Schedule with the services and activities of the Owner, Architect and Contractor. As design proceeds, the Preliminary Project Schedule shall be updated to indicate; o proposed activity sequences and durafilons; o milestone dates for receipt and approval of pertinent information; o submittal of the Guaranteed Maximum Price Estimates o preparation and processing of shop drawings and samples; o delivery of materials or equipment requiring long —lead—time procurement; o Owner's occupancy requirements showing portions of the Project having occupancy priority; o Estimated date of Substantial Completion, If Preliminary Project Schedule updates indicate that previously approved schedules may not be met, the Contractor shall make appropriate recommendations tothe Owner and Architect. ® Phased Construction The Contractor shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate Phased Construction of the Work, if such Phased Construction is appropriate for the Project, taking into consideration such factors as, o economies; o time of performance; o availability of labor and materials; o Provisions for temporary facilities. Page ill General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attomey July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Cost Estimates When the Owner has sufficiently identified the Project requirements and the Architect has prepared basic design criteria, the Contractor shall prepare, for the review of the Architect and approval of the Owner, a Conceptual Cost Estimate utilizing area, volume or similar conceptual estimating techniques to establish a baseline cost for the Project. A Trend Log will be established along with a Preliminary Construction Schedule. When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Contractor shall prepare, forthe review of the Architect and approval of the Owner, a more detailed estimate with value engineering options for major building components. The Trend Log and Schedule will be revised accordingly. During the preparation of the Design Development Documents, the Contractor shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. The Guaranteed Maximum Price may be determined and long4a&items may be procured at this time. The Trend Log and Schedule will reflect all changes. At the completion of Construction Documents, all details and finishes will be finalized and final pricing will be determined. If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Contractor shall make appropriate recommendations to the Owner and Architect. 0 Subcontractors and Suppliers The Contractor shall sees( to develop Subcontractor Interest in the Project and shall furnish to the Owner and Architect for their information, per the Contractor's Schedule, a list of possible Subcontractors, including Suppliers who are to furnish materials or equipment fabricated to a special design, from which proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Contractor if the Architect or Owner has any objection to such Subcontractor or Supplier. The receipt of such list shall not require the Owner or Architect to Investigate the qualifications of proposed Subcontractors or Suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed Subcontractor or Supplier. ® Long -Lead -Time Items The Contractor shall recommend to the Owner and Architect a schedule for procurement of long —lead— time items that will constitute part of the Work as required meeting the Project Schedule. If such long — lead —time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Contractor. Upon the Owner's approval of the Guaranteed Maximum Price Estimate, all contracts for such items shall be assigned by the Owner to the Contractor, who shall accept responsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery of long —lead time items. ® Extent of Responsibility The Contractor agrees to exercise reasonable sl<ill and judgment in the preparation of schedules and estimates, but does not warrant or guarantee any schedule or estimate or line item within such estimates, even though approved by the Owner; Including the Guaranteed Maximum Price Estimate and the estimated date of Substantial Completion. The recommendations and advice of the Contractor concerning design alternatives shall be subject to the review and approval of the Owner and the Page �12 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D.D298-4D1B.A432-F70B5CB132A2 Owner's professional consultants. It Is not the Contractor's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, and ordinances, building codes, rules or regulations. However, if the Contractor recognizes that portions of the Drawings and Specifications are at variance, the Contractor shall promptly notify the Architect and Owner in writing. Guaranteed Maximum Price Estimate In accordance with the Preliminary Project Schedule, the Contractor shall prepare and submit to the Owner in writing a Guaranteed Maximum Price Estimate, As the Drawings and Specifications may not be finished at the time that the Guaranteed Maximum Price Estimate is prepared, the Contractor shall provide in the Guaranteed Maximum Price Estimate for further development of the Drawings and Specifications by the Architect that Is consistent with the Contract Documents and reasonably Inferable there from. Such further development does not include such Items as changes in scope, systems, kinds and quality of materials, finishes or equipment. The Guaranteed Maximum Price Estimate shall include; o a list of the Drawings and Specifications, including all Addenda thereto and the Conditions of the Contract; o a list of the Clarifications and Assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price Estimate to supplement the information contained in the Drawings and Specifications; o a statement of the estimated Cost of the Work organized by trade categories or systems; o A statement of the estimated date of commencement of the Construction Phase and the estimated date of Substantial Completion, with a schedule of the construction documents issuance dates upon which the estimated date of Substantial Completion is based. The Contractor shall meet with the Owner and Architect to review the Guaranteed Maximum Price Estimate. In the event that the Owner or Architect discovers any Inconsistencies or inaccuracies in the Information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price Estimate. When the Guaranteed Maximum Price Estimate is acceptable to the Owner, the Owner shall approve it In writing. The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed —upon Assumptions and Clarifications on which the Guaranteed Maximum Price Esti Mmate is based. Such revised Drawings and Specifications shall be furnished to the Contractor in accordance with schedules agreed to by the Owner, Architect and Contractor. The Contractor shall promptly notify the Architect and Owner If such revised Drawings and Specifications are inconsistent with the agreed —upon Assumptions and Clarifications. OWNER'S RESPONSIBILITIES A To provide, at its expense, to the Contractor, information reasonably available regarding the Project Including; o the Owner's objectives, o budgets, Page �13 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 o time criteria, o Soils Reports, o environmental studies, o financing plans, o Site surveys that are presently available orthat the Owner and Contractor reasonably agree are required. ® To review and approve the Project Scope, Schedules and Estimates at each design phase in a timely manner in order to meet Project milestones. To review and accept or reject value engineering and cost reduction or addition opfiions timely to maintain the Schedule. The Owner will be responsible for the inclusion of such changes Incorporated into subsequent design document issuances. ® To provide the Contractor with regular and timely updates regarding status of planning, zoning and design review process. ® To exercise reasonable efforts so that Agreements with the Architect, Engineers and Consultants are written and administered to facilitate successful execution of this Agreement. ® To pay all printing and distribution costs of any job related drawings or specifications. COMPENSATION The Contractor shall receive a fee of ($10,000.00) for Preconstruction Services. This will be billed in 3 equal payments of approximately ($3,333) billed at the end of August, September, and October the design process. Payments for Preconstruction Services and any reimbursable expenses will be due within twenty (20) days of receipt of Invoice. The total amount will be due by the completion of the Construction Documents regardless of whether the Owner does or does not continue with the Contractor for Construction Services. OWNER ���EST /p�� TOWN OF FIRESTONE �S f' roWly 1Q0 151Grant Ave (aevA� Firestone, CO 80520 {'c 4amet,r►o 6 General Contract —SHORT FORM (Goods andlor Services Less Tlian $50,000) (Form Approved by Town Attorney July 20] 9) CONTRACTOR. \ NSEN PITTMAN CONSTRUCTION MPANY, INC. —DoouSignsd by: 71742084A90848C... John C. Pittman President Page (14 8/20/2019