HomeMy WebLinkAboutresolution.council.006A-09RESOLUTION # ~j ,L'
°- (Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND FAREWELL MILLS GATSCH ARCHITECTS
LLC, FOR THE PURCHASE OF ARCHITECTURAL SERVICES RELATIVE
TO THE WHEELER OPERA HOUSE 21 sT CENTURY MASTER PLAN AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Farewell Mills Gatsch Architects LLC,
a copy of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Farewell Mills Gatsch Architects LLC,
regarding architectural services for Phase One (Pre-Design and Planning Phase) of
the Wheeler Opera House 215` Century Master Plan, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager of the
City of Aspen to execute said contract on behalf of the City of Aspen.
Dated: U /,~
Michael C. Irel nd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution ado ted by the City
Council of the City of Aspen, Colorado, at a meeting held ~q~- ~
z~
K 'yn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CTI'Y OF
ASPEN, Colorado, ("City") and Farewell Mills Gatsch Architects, LLC, Princeton, NJ ("Architect").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Scope of Services. Architect shall perform in a competent and professional manner the
Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Architect shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Architect.
3. Payment. In consideration of the work performed, City shall pay Architect Two
hundred eighty thousand, four hundred fifty dollars and no cents ($280,450.00), including
reimbursable expenses, in the event that all Phases are performed as requested by City. The City shall
have the option of asking Architect to perform any number of Phases of the Project. Payment shall be
based upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it wishes
to have performed via formal written Notices to Proceed. Fees including any additional services or
reimbursable expenses shall not exceed the following amounts for each given phase:
Pre-Design/Planning Phase: $280,450.00
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions of
another, the provision in the Contract Document listed first below shall govern, except as otherwise
specifically stated:
a. Agreement
b. Request for Proposals & Scope of Services
c. ProposaUCost estimate and attachments, including all written
representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
AGI-981 Page I
f. City's Standazd Terms and Conditions for Professional Architectural Services.
5. Compliance With Procurement Code. The Architect acknowledges that this Agreement
is entered into subject to the requirements of the City of Aspen Procurement Code, Title 4, of the
Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of said
Procurement Code, and such requirements are incorporated herein by this reference (copies of the code
are available upon request to the City for a nominal charge). Architect shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procurement Code shall be deemed as a waiver of any action or defense that the
Architect may have against the City by reason of such violation of the Procurement Code. A copy of
the City of Aspen's Procurement Code may be found online at
http•//www aspenpitkin com/pdfs/dents/38/coaspent04 pdf
6. Non-Assi ng ability. Both parties recognize that this contract is one for specific services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Architect of any of the responsibilities or
obligations under this agreement. Architect shall be and remain solely responsible to the City for the
negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Architect to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
may be due to any sub-contractor.
7. Termination for Default or for Convenience of Citv.
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1. Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may allow
or shorter, but not less than five (5) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand-delivery or
mailing to the Architect of a notice specifying the default. If mailed, said notice
shall be sent by certified mail, return receipt requested, to the address specified
herein for Architect.
The Architect shall not be in default be reasons of any failure in performance of
this Agreement in accordance with its terms if such failure arises out of causes
beyond the control and without the fault or negligence of the Architect. Such
causes may include, but are not restricted to, acts of God, natural disasters,
strikes, or freight embargoes, but in every case the failure to perform must be
beyond the control of the Architect. Upon request of the Architect, the City
shall ascertain the facts and failure, and, if the City shall determine that any
failure to perform constituted a valid commercial excuse, the performance shall
be revised accordingly and notice of default withdrawn; or
AGI-981 Paget _
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Architect a written notice of termination, specifying the reasons
therefore, and the effective date of such termination. The effective date shall not be
earlier than the date of hand-delivery or the date of mailing of the notice, plus Five (5)
business days. The notice of termination shall be sent regular first-class mail to the
address of the Architect herein provided. The Architect or the City may terminate this
Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees
shall be earned after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Architect shall become the
property of the City. Notwithstanding the above, Architect shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Architect.
c. Termination Procedure. After the effective date of the notice of termination for default
or for the convenience of the City, unless otherwise directed by the City, the Architect
shall:
1. Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
4. With the approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in part in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 3 hereinabove,
including costs incurred and profit to the date of termination (but not for future profit,
which shall not be paid), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, however, that in
the event of default by the Architect, no extra costs incurred because of termination
shall be paid to the Architect and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Architect on account of any default. Such
claim must be submitted promptly, but in no event later than thirty (30) days from the
effective date of termination, unless one or more extensions are granted in writing by
AG I -981 Page 3
the City. Upon the Architect's failure to submit a claim in the time allowed, the City
may review the information available to it and determine the amount due the Architect,
if any, and pay the Architect the amount as determined.
e. Termination Settlement. Subject to Paragraph S.d, the Architect and City may negotiate
the whole or any part of the amount or amounts to be paid, upon termination for default
or the convenience of the City.
f. Remedies. The Architect shall have the right of appeal from any determination made by
the City under this termination section; except that if the Architect has failed to submit
his claim within the time provided in Paragraph S.d, above, and has failed to properly
request an extension, he shall have no right of appeal. In any case where the City has
made a determination of the amount due under Paragraph S.d. or S.e., above, the City
shall pay the Architect (1) the amount the City has determined if there is no right of
appeal or if timely appeal has been taken, or (2) the amount finally determined on such
appeal if an appeal has been taken.
g. Method of Appeal. If the Architect disagrees with the City's determination under
Paragraphs S.d. or S.e., he can appeal this decision in writing to the City. Such appeal
must be made in writing within twenty (20) days of receipt in writing of the City's
determination. The City shall have twenty (20) days in which to respond in writing to
the appeal. The City's response shall be final and conclusive unless within thirty (30)
days from the date of receipt of such response the Architect submits the dispute to a
court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Architect warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Architect, to solicit
or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. For a breach or violation of
this contract without liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
9. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Architect shall be, and shall perform as, an independent Contractor who agrees to use his
or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
work are under the sole control of Architect. None of the benefits provided by Ci[y to its employees
including, but not limited to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Architect. Architect shall be solely and
entirely responsible for its acts and for the acts of Architect's agents, employees, servants and
subcontractors during the performance of this contract. Architect shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
AG 1-981 Page 4
state and local taxes or contributions imposed or required under unemployment insurance, social
security and income tax law, with respect to Architect and/or Architect's employees engaged in the
performance of the services agreed to herein. ARCHITECT, AS AN INDEPENDENT
CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION
BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX
ON ANY MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. Architect agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, which arise out of or aze in any manner connected
with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be
caused in whole or in part by, the negligent act, omission, error, Architect error of the Architect, any
subcontractor of the Architect, or any officer, employee, representative, or agent of the Architect or of
any subcontractor of the Architect, or which arises out of any workmen's compensation claim of any
employee of the Architect or of any employee of any subcontractor of the Architect. The Architect
agrees to investigate, handle, respond to, and to provide defense for and defend against, any such
liability, claims or demands at the sole expense of the Architect, or at the option of the City, agrees to
pay the City or reimburse the City for the defense costs incurred by the City in connection with, any
such liability, claims, or demands. The Architect also agrees to bear all other costs and expenses
related thereto, including court costs and attorney fees, whether or not any such liability, claims, or
demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Architect for the portion of the judgment attributable to such act, omission, or other fault of the City,
its officers, or employees.
11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense,
a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Architect pursuant to Section 8 above in amounts and aggregates as stated
below. Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The Architect shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,
or types.
(b) Architect shall procure and maintain, and shall cause any subcontractor of the Architect to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Architect pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive
dates and extended reporting periods shall be procured to maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory
AGI-981 Page 5
minimums. Evidence of qualified self-insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX
HUNDRED THOUSAND DOLLARS ($600,000.00) 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 contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) each occurrence and THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) aggregate with respect to each Architect's owned,
hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interest provision. If the Architect has no owned
automobiles, the requirements of this Section shall be met by each employee of the Architect
providing services to the City under this contract.
(iv) Architect Liability insurance with the minimum limits of TWO HUNDRED
FIFTY THOUSAND DOLLARS ($250,000) each claim and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) aggregate.
(c) Except for the Architect's professional liability policy, the policy or policies required
above shall be endorsed to include the City and the City's officers and employees as additional
insureds. Every policy required above shall be primary insurance, and any insurance carried by the
City, its officers or employees, or carried by or provided through any insurance pool of the Ci[y, shall
be excess and not contributory insurance to that provided by Architect. No additional insured
endorsement to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Architect shall be solely responsible for any
deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Architect's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
AG1-981 Page 6
therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City
may offset the cost of the premiums against monies due to Architect from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers, or its employees.
12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Shazing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Architect for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Architect reasonable notice of any changes in its membership or participation in CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's
State of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is
84-6000563.
14. Ownership of Design Materials and Documents.
a. The Owner acknowledges the Architect's documents and drawings as Instruments of
Professional Service, which are owned by the Architect. Any drawings, specifications and other
documents, including those in electronic form, prepazed by the Architect and the Architect's
consultants are Instruments of Service for use solely with respect to this Project. The Architect and the
Architect's consultants shall be deemed the authors and owners of their respective Instruments of
Service and shall retain all common law, statutory and other reserved rights, including copyrights.
Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to
reproduce the Architect's Instruments of Service solely for purposes of constructing, using and
maintaining the Project, provided that the Owner shall comply with all obligations, including prompt
payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive
licenses from the Architect's consultants consistent with this Agreement. Any termination of this
Agreement prior to completion of the Project shall, subject to the following conditions, terminate this
license. The documents and drawings prepazed by the Architect for the Project which is the subject of
this agreement may be used by the Owner and any successor architect for purposes of the Project, upon
the proper termination of this agreement, subject to the following conditions: (1) The Owner and any
successor architect shall remove the title block, signature and seal of the Architect, if any, from any
such instruments of service to be used as hereinafter provided. (2) Such instruments of service may be
incorporated into the work product of the successor architect so long as the successor azchitect agrees
to accept full and complete responsibility for such information and data so incorporated. The delivery
AGI-981 Page 7
to and acceptance by the Owner and successor azchitect of the instruments of service shall constitute an
agreement to such acceptance of responsibility. (3) The Owner and the successor architect may
thereafter use and employ such instruments of service for the completion of this Project only. (4) The
Owner and the successor azchitect shall not use or reuse, nor allow others to use or reuse, said
instruments of service on other projects; and the Owner agrees, to the fullest extent permitted by law,
to indemnify and hold harmless the Architect from and against any claim, liability or cost (including
reasonable attorneys' fees and defense costs) arising out of any unauthorized use, reuse or modification
of the instruments of service by the Owner, the successor architect or by any person or entity which
acquires or obtains the same from or through the Owner or the successor architect.
b. During the term of the Agreement, the Architect shall be responsible for any loss or
damage to the Design Materials, while the Materials are in the possession of
the Architect or any of its Subcontractors, and any such Design Materials lost or damaged shall be
replaced or restored at the Architect's expense.
c. It is understood that City considers the Project's aggregate architectural expression (that
is, the overall combination of the Project's visually apparent design features) and any
distinctive individual features, to be unique and of commercial value, and the Architect
and its Design Subcontractors agree not to design or build, or allow other third parties
the use of the Design Materials to design or build another structure(s) having a
substantially similar azchitectural expression so that an average person would relate the
structure(s) to the Project. Architect and its Design Subcontractors shall, however, be
free to use individual features from the Project or combinations of features in other
projects, so long as the Architect complies with the first sentence of this pazagraph.
Architect shall include this provision in its contracts with its Design subcontractors and
provide copies of these agreements to City.
d. At of the conclusion of the Project, or in the event of the proper termination of the
Agreement, Architect shall turn over to City any of the Design Materials referred to in
above which have not yet been submitted to City. Architect shall submit the Design
Materials to City within ten days of the conclusion of the project, or date of termination.
In the event of the failure by Architect to make such delivery as provided above,
Architect shall pay City any damages City may sustain from the failure.
e. Prior to the Architect providing to the Owner any Instruments of Service in electronic
form or the Owner providing to the Architect any electronic data for incorporation into the Instruments
of Service, the Owner and the Architect shall by sepazate written agreement set forth the specific
conditions governing the format of such Instruments of Service or electronic data, including any
special limitations or licenses not otherwise provided in this Agreement.
15. Annual Appropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis.
I[ is understood that payment under any agreement is conditional upon annual appropriation of funds
AG1-981 Page 8 _
by said governing body and that before providing services or materials for which funds have not been
appropriated.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Architect:
Michael R. Schnoering, AIA, Partner
Farewell Mills Gatsch Architects, LLC
200 Forrestal Road
Princeton, NJ 08540
18. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance
or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Architect to which the same may apply and, until complete
performance by Architect of said term, covenant or condition, the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
20. Execution of Agreement b~y_. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City
Manager or Mayor (or duly authorized official in his absence) to execute the same.
21. General Terms.
AGI-981 Page9
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of [his agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
AG1-987 Page 10
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
Dated:
ATTESTED BY:
BY:
CITY OF ASPEN, COLORADO:
/
By:
ARCHITECT:
T ~ L~,L
By:
P~G~ J ~~
MIGFFA(,L rr.. Sct{,voEJzt.lCr~/~'t~
REVIEWED BY:
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City Attorney
JPW-1/2/2009-M:\ciry\ci[yatty\arch\ag1-981.doc
_~
Project Manager
AG1-981 Page 11 _
APPROVED AS TO FORM BY:
Certification and Supplemental Conditions to Contract for Services -
Conformance with ~8-17.5.101, et seq.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that aze merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has pazticipated or attempted to participate in the Basic Pilot Program in order to verify
that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following terms
and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not 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.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. 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:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or contracting
with the illegal alien; except that Contractor shall not terminate the Public Contract for Services 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.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract
for Services. if the Public Contract for Services is so terminated, Contractor shall be liable for actual
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: //~~"~
Contractor: EL ~f.t,S C%~tZS'Gt/ ~l("~'rEc75~
By:
Title: PA'RT~IEfz
GLG
JPW- saved: 8/23/2006-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc
City of Ascen Standard Toms and Conditions-Architectural Services
City of Aspen
~Yeraion AG.C-951
STANDARD TERMS AND CONDITIONS
FOR PROFESSIONAL ARCffiTECTURAL SERVICES AGREEMENTS
AGC-981 Page 1
Ciro of Ascen Standard Terms and Conditions -Architectural Services
CITY OF ASPEN, COLORADO
STANDARD TERMS AND CONDITIONS
FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
(Version AGC-981)
INTRODUCTION
These standazd terms and conditions have been prepared by the City of Aspen to be incorporated by
reference into Agreements entered into between the City of Aspen and azchitects or professional
architectural firms for professional architectural services. The provisions herein aze interrelated with
other standazd contract documents customarily used by the City of Aspen and a change in one may
necessitate a change in others. Whenever a conflict exists in the terms and conditions of this
document and the Agreement, the terms and conditions set forth in the Agreement shall take
precedence.
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
1.1. GENERAL
1.1.1. The Architect shall perform the services undertaken according to the Agreement with the
City. The part of the project for which Architect is to provide services pursuant to the Agreement
with the City is hereinafter called This Part of the Project.
1.1.2. The Architect shall designate, when necessary, a representative authorized to act in the
Architect's behalf with respect to This Part of the Project.
1.1.3. The Architect's services shall be performed in character, sequence and timing so that they
will be coordinated with those of the City and all other consultants for the Project.
1.1.4 The Architect shall recommend to the City the obtaining of such investigations, surveys,
tests, analyses and reports as may be necessary for the proper execution of the Architect's services.
1.1.5 The Architect shall provide progress copies of drawings, reports, specifications and other
necessary information to the City and other consultants. All aspects of the Work designed by the
Architect shall be coordinated by the Architect, and the Architect shall also become familiaz with
the Work designed by the City and other consultants as necessary for the proper coordination of the
Project.
AGC-981 Page 2
Ci[v of Aspen Standard Terms and Conditions -Architectural Services
1.1.6 The Architect shall cooperate with the City in determining the proper shaze of the
construction budget to be allocated to This Part of the Project.
1.2 BASIC SERVICES
The Scope of Work document shall set forth the Basic Services which the Architect has agreed to
perform. The Scope of Work may consist of one or more of the following phases. The terms and
conditions set forth below apply to those phases which have been made a part of the Scope of
Services.
PRE-DES/GN/PLANN/NC PHASE
1.2.1 The Architect shall ascertain the requirements for This Part of the Project and shall confirm
such requirements with the City.
1.2.2 The Architect shall review alternative systems with the City, attend necessary conferences,
prepare necessary analyses, drawings and other documents, be available for general consultation,
and make recommendations regazding basic systems for This Part of the Project. When necessary,
the Architect shall consult with public agencies and other organizations concerning utility services
and requirements.
1.2.3 The Architect shall prepaze and submit to the City a Statement of Probable Construction
Cost of This Part of the Project based on current area, volume or other unit costs, as directed by the
City.
1.3 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless specifically included in the Scope
of Work. They shall, however, be provided if requested in writing by the City, and they shall be
paid for by the City as provided in the Agreement, in addition to the compensation for Basic
Services.
1.3.1 Providing financial feasibility or other special studies.
1.3.2 Providing planning surveys, site evaluations, environmental studies or comparative studies
of prospective sites, and preparing special surveys, studies and submissions required for approvals
of governmental authorities or others having jurisdiction over the Project.
1.3.3 Providing services relative to future facilities, systems and equipment which aze not
intended to be constructed during the construction Phase.
AGC-981 Page 3
C~rv of Asoen Standard Terms and Conditions -Architectural Services
1.3.4 Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information related thereto.
1.3.5 Preparing documents for alternate, separate or sequential bids, or providing extra services in
connection with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase, when requested by the City.
1.3.6 Providing coordination of work performed by separate contractors or by the City's own
forces.
1.3.7 Providing services in connection with the work of a construction manager or separate
consultants retained by the City.
1.3.8 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs,
or detailed quantity surveys or inventories of material, equipment and labor.
1.3.9 Providing engineering services or special consultants related to interior design services and
other similar services required for, or in connection with, the selection, procurement or installation
of furniture, furnishings and related equipment.
1.3.10 Providing services for planning tenant or rental spaces.
1.3.11 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.
1.3.12 Prepazing Drawings, Specifications and supporting data, and providing other services in
connection with Change Orders to the extent that the adjustment in the Basic Compensation
resulting from the adjusted Construction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not solely within the control of the
Architect.
1.3.13 Making investigations, surveys, valuations, inventories or detailed appraisals of existing
facilities, and providing services required in connection with construction performed by the City.
1.3.14 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.
1.3.15 Providing services made necessary by the default of the Contractor, or by major defects or
AGC-981 Page 4
Ci[v of Ascen Standazd Tectns and Conditions -Architectural Services
deficiencies in the Work of the Contractor, or by failure of performance of either the City or the
Contractor under the Contract for Construction.
1.3.16 Preparing 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 City.
1.3.17 Providing extensive assistance in the utilization of any equipment or system, such as initial
start-up or testing, adjusting and balancing, prepazation of operation and maintenance manuals,
training personnel for operation and maintenance, and consultation during operation.
1.3.18 Providing services after issuance to the City of the final Certificate for Payment, or in the
absence of a final Certificate for Payment, more than sixty days after the Date of Substantial
Completion of the Work.
1.3.19 Preparing to serve or serving as an expert witness in connection with any public hearing,
arbitration proceeding or legal proceeding.
1.3.20 Providing services of consultants for other than the normal engineering services for This
Part of the Project.
1.3.21 Providing any other services not otherwise included in this Agreement or not customazily
furnished in accordance with generally accepted engineering practice.
ARTICLE 2
THE CITY'S RESPONSIBILTI'IES
2.1 The City shall, with reasonable promptness, provide all available information regarding the
requirements for This Part of the Project.
2.2 The City shall designate, when necessazy, a representative authorized to act in the City's
behalf with respect to This Part of the Project. The City, or such authorized representative, shall
examine documents submitted by the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of the Architect's services. Architect's invoice
shall be for the period ending the 25th day of each month. The invoice should be received by the
City's Project Manager no later than the 1st of each month. The City of Aspen's authorized
representative shall be the Wheeler Opera House Director, Gram Slaton.
2.8 If the City observes or otherwise becomes aware of any fault or defect with respect to This
Part of the Project, or nonconformance with the Contract Documents, prompt written notice thereof
shall be given by the City to the Architect.
AGC-981 Page 5
C~tv of Ascen Standard Terms and Conditions -Architectural Services
2.9 The City shall consult with the Architect before issuing interpretations or clarifications of
the Architect's Drawings and Specifications and shall request the recommendation of the Architect
before acting upon Shop Drawings, Product Data, Samples or other submissions of the Contractor,
or upon Change Orders affecting This Part of the Project.
2.11 The City shall advise the Architect of the identity of other consultants participating in the
Project and the scope of their services.
2.12 The City shall review the Architect's work for compliance with the City's program and for
overall coordination with the City.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost of the Project shall be the total cost or estimated cost to the City of
all elements of the Project designed or specified by the City or the City's consultants. The
Construction Cos[ of This Part of the Project shall be the total cost or estimated cost to the City of
all elements of the Project designed or specified by the Architect.
3.2 The Construction Cost of the Project or of This Part of the Project shall include at current
mazket rates, including a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the City and any equipment which has been designed, specified, selected or
specially provided for by the City and, the City's consultants.
3.3 Construction Cost does not include the compensation of the City's consultants, the cost of
the land, rights-of--way, or other costs which are the responsibility of the City as provided in Article
2.
3.4 Evaluations of the City's Project budget, Statements of Probable Construction Cost and
Detailed Estimates of Construction Cost, if any, prepazed by the Architect, represent the Architect's
best judgment as a design professional familiar with the construction industry.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 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,
AGC-981 Page 6
City of Aspen Standard Terms and Conditions - Architectural Services
insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses aze in addition to compensation for 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 (to the extent they aze reimbursable by the City for the
expenses listed in the following Subpazagraphs; provided that Architect shall not be reimbursed for
expenses unless prior written approval therefore has been obtained from City.
5.1.1 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 approvals of
authorities having jurisdiction over the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other
documents, excluding reproductions for the office use of the Architect, the City and the City's
consultants.
5.1.3 Expense of data processing and photographic production techniques when used in
connection with Additional Services.
5.1.4 If authorized in advance by the City, expense of overtime work requiring higher than regulaz
rates.
5.1.5 Expense of renderings, models and mock-ups requested by the City.
ARTICLE 6
PAYMENTS TO THE ARCHH'ECT
6.1 PAYMENTS ON ACCOUNT OF SERVICES
6.1.1 Payments for Basic Services, Additional Services and Reimbursable Expenses shall be
made on the basis set forth in the Agreement.
6.1.2 The Ci[y shall disclose to the Architect, prior to the execution of this Agreement, any
contingent or other special provisions relative to compensation. Invoices based on percentage of
work completed plus reimbursables should be submitted monthly. The City processes invoices
and issues checks weekly on Wednesdays.
AGC-981 Page 7
Ci[v of Ascen Standard Terms and Conditions -Architectural Services
6.1.3 The Architect shall submit, in timely fashion, invoices for Basic Services, Additional
Services and Reimbursable Expenses. The City shall review such invoices and, if they are
considered incorrect or untimely, the City shall review the matter with the Architect and confirm, in
writing to the Architect within ten days from receipt of the Architect's billing, the City's
understanding of the disposition of the issue.
6.1.4 If and to the extent that the Contract Time initially established in the Contract for
Construction is exceeded or extended through no fault of the Architect, compensation for any Basic
Services required for such extended period of Administration of the Construction Contract shall be
computed as set forth in the Agreement.
ARTICLE 7
ARCHTI'ECT'S ACCOUNTING RECORDS
7.1 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 City or the City's
authorized representative at mutually convenient times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.2 The Architect shall maintain on file, and make available to the City, design calculations for
This Part of the Project, and shall furnish copies thereof to the City on request.
8.3 Submission or distribution to meet official regulatory requirements, or for other purposes in
connection with the Project, is not to be construed as publication in derogation of the City's or the
Architect's rights.
JPW-1/2/09-M:\city\cityatty\arch\agc-981.doc
AGC-981 Page B
E~HI~IT A
December 19, 2008
Wheeler Opem House Expansion
Scoce of Work
Farewell Milis Gatsch Architects, LLC (FMG}, assisted by Rowland + Broughton (R+B) and our team of
consultants, will provide Pre-Desigo/Plaoning, Schematic Design, Design Development, Construction
Document, Bidding/Negotiation, and Construction Administration Phase Services in accordance with the RFP
and as follows. We will follow the City's design standards and work closely with Wheeler and City
representatives to ensure a dynamiq sustainable, and practical design that respects the iconic character of the
Wheeler Opera House and supports the City's commitment to perfomring arts in Aspen.
PRE-DESIGN/PLANNING PHASE
Concept Design
Programming: Programming is an important part of FMG's design process. It is during this phase of the
project that the Project's goals and design issues are clarified. The program will be developed in extensive
detail, building on existing information, in order to provide a rational basis for design decision-making and
to ensure that Aspen's values are reflected in the building design. The core activity in our programming
process is the interview. To determine space needs and attain a better understanding of how the City,
Wheeler staff, visiting arts organizations, tenants, and patrons interact and operate, we will conduct a
series of interviews keyed to Work Session 1 with individuals identified by the City as key decision-
makers in the process. This work will inclade gathering infomration required to establish dre Mission
Statement, design goals, priorities, and information required to develop conceptual design alternatives.
After concluding the interviewing process our team will analyze the information gathered and develop
performance and design criteria for the facility. Lssues such as space requirements and relationships,
theater operational needs, acoustical criteria for the new and existing buildings, concessions and public
circulation, environment, safety, furnishings and equipment, flexibility, and site information will be
described We will prepare a draft report for review by the City to ensure that we have understood all dre
parameters before we begin design. We will make revisions to cturclude this portion of the phase with a
presentation of the final Program Document memorializing our process and its conclusions. The approved
Program Document will form the basis of the ensuing design phases.
Work Session, Public Information Sessioq HPC/P&Z, Engineering, Canary Initiative, and Design Team
Meetings: FMG and its consultants will work with the City to develop a comprehensive schedule for
review sessions with interested parties, and will attend alI necessary meetings during this phase. Since the
project team (City, Engineering, and Design Team) is large, we propose to schedule intensive groups of
multiday meetings m make the best use of all resources and allow sufficient input and design time
throughout the phase. We have utilized this process with great success on the Paepcke Memorial
Auditorium project, where City and team meetings have been coordinated and combined into multi-day
visits.
Building and Site Surveys: FMG and its consultants will initiate and carry out an extensive survey and
existing document review for the building site and Wheeler Opera House to review conditions of the
interior and exterior materials and systems. We will utilize existing geotechnical information for subsoil
conditions, and we will rely on existing site documentation for location of utilities and other significant
site appurtenances, except that we will employ the services of our civil and MEP/FP engineers to verify
critical conditions with City officials. FMG will visually survey and document exterior conditions of the
EXHIBIT A
Wheeler's fapade to ascertain the conditions that may affect the work and to provide any additional
information on possible maintenance or repairs that could be considered for inclusion in the project or as
part of the Wheeler's ongoing maintenance program.
• Sustainable Goals: FMG will lead discussions with Wheeler and City representatives and, with the
assistance of key consultants, develop the LEED checkhst as an initial measure of sustainable targets.
FMG will review alternative metrics with City representatives and will assist in the evaluation of each as
possible tools in maximizing the sustainability of the project.
Conceptual Design: FMG and R+B will review the data received in early meetings and surveys, including
programming and building information, and will develop three alternatives for the new addition and
existing building renovations. Deliverables will consist of floor plans, elevations, building sections, and
imagery renderings depicting the overall intent of the design. Initial ideas will be presented in Work
Session 2, and will include schedule analysis and initial cost model information. Development of the ideas,
drawings, and cost model will be undertaken in preparation for Work Session 3, where fmal design,
budget, and schedule concepts will be pre~nted. In addition, the Design Team will:
- Perform a preliminary code and zoning analysis for the existing and proposed strnctures.
- Perform preliminary site calculations in order to develop alternatives for stonnwater management,
including sustainable quantity and quality control targets.
- Develop site design alternatives, including pedestrian and vehicular access, loading, and parking.
- Perform preliminary energy analysis and design calculations to study system alternatives,
including possible on-site production and offsetting current or improved energy use in the
Wheeler.
- Analyze and propose alternatives for mechanical system acoustical upgrades for the Wheeler.
- Perform preliminary electrical load calculations and coordinate possible alternative service needs
with the local utility.
- Establish conceptual structural system for new construction, including cost effective approaches to
shoring and underpinning.
- Identify issues and approaches to solutions with existing building stmctures, including possible
balco~ reconfiguration and projection booth renovation/reconstruction.
- Establish theater systems and equipment schemes for review and discussion, including possible
existing rigging and/or lighting revisions.
- Establish acoustical criteria, based on programming needs, for each space in the new and existing
building.
- Establish audio and video system and equipment schemes for review and discussion.
- Coordinate with the Owner's Construction Manager to develop construction logistics needs and
options, including parking, lay down, and storage.
- Coordinate with the Owner's Constmction Manager to analyze and develop construction
sequences and possible phasing of constmction packages.
• Schedule: Based on the RFP and additional discussion with City representatives, FMG has developed a
preliminary schedule of activities and meetings designed to provide a logical and efficient path to
completion of the Pre-Design/Phuming Phase. FMG will work with the City to review, revise, and monitor
this schedule from the start of the project, and we will maintain the design schedule, making adjustments
as needed and agreed upon as work progresses.
• Budget Cost Model: Based on preliminary and fmal conceptual designs, including all building system
descriptions, FMG will produce budget cost models that will include alternate designs, phasing, City input
on non-building related costs, and local market factors. The entire Design Team assigned to the phase is
responsible for input and review of this information to achieve the most comprehensive budget
information possible. This information will be reviewed with the City in Work Sessions 2 and 3, and will
~XFII~IT A
be revised and updated as required by design changes. The approved Budget Model will form one part of
the basis for moving forward into Schematic Design.
• Schematic Design, Design Development, Construction Document, Bidding/Negotia6on, and Construction
Adminishation phase services will be determined once the scope of the project is determined and approved
by the City of Aspen.
~XHeBBT A
December 19, 2008
Wheeler Opera House Expansion
Fee Proposal Summary
Farewell Mills Gatsch Architects, LLC proposes the following professional fees based on the RFP and
assumptions noted herein. A detailed Task and Fee Breakdown follows this summary.
Pre-Design and Planning Phase
Civil, MEP/FP, and Structural Engineering (SGM, REG, KL&A): $38,000
Theater, Acoustics, and AV Design (FDA,1HAj: $43,500
Estimaten¢ IF+GI• 513,000
Subtotal: $94,500
FMG Mark-up:
$9,450
Land Planning Architecture Community Involvement (FMG R+BI' 5127,500
Total Proposed Fee: $231,450
Estimated Reimbursable Expenses: $49,000
Design, Estimating, Construction Document, Bidding, and Construction Phases
Estimated Range of Professional Fees (% of Construction Cost): 8% -11%
Estimated Reimbursable Expenses (% of Construction Cos[): .75%-1.25%
Fee Notes:
1. FMG has included Y4 of total estimated travel time for Pre-Design/Planning at no cost to the City.
2. Services exclude hazardous materials identification and abatement.
3. Services exclude land survey.
4. Landsppe, lighting, geotechnical, and wayfinding/signagectesign services will be utilized in the
SD-CA phases of the project.
5. Reimbursable expenses will 6e invoiced separately at 1.1 times cost.
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Farewell Mills Gatsch
Farewell Mills Gatsch Architects, LLC
Partner -Michael Farewell & Michael Mills $ 275
Partner -Michael Schnoering & Lorine Murray-Mechini $ 250
Senior Associate $ 175
Architectural Historian $ 150
Project Manager $ 125
STANDARD Senior Project Architect $ 110
HOURLY RATES
20C}8
Project Architect
$ 95
Interior Designer $ 120
Designer/Draftsperson $ SO
Support Staff $ 70
Hourly rates may be adjusted annually
oad
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rowland+broughton
architecture end urban design
SCHEDULE OF HOURLY RATES
18 November 2008
The following are our professional hourly rates:
Principal
Associate
Project Manager
Project Architect
Project Coordinator
Designer
$205.00
$175.00
$155.00
$120.00
$95.00
$75.00
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Page 1 of 1
Resource
Engineering
Group, Inc.
efficiency • sustainabilily • simplicity
Michael Schnoering
Partner
Fazewell Mills Gatsch Architects, LLC
200 Forrestal Road
Princeton, NJ 08540
Regarding: Mechanical, Electrical and Plumbing Engineering Hourly Rates
Deaz Michael:
December 17, 2008
Ow standard howly rates are: $150/hr for Principal Engineers, $120/hr for Associate Engineers and
$75 for Administrative. This applies to Mechanical, Electrical and Plumbing Engineering services.
Please feel free to call if you have any questions.
Sincerely,
August Hasz PE
P.O. Box 3725 • Crested Butte CO 81224 USA • tel (970) 349-1216
fax (970) 349-1218 • info@reginacom • www.reginc.com
KL~A, Inc.
Structural Engineers & Builders
1717 Washington Avenue, Suite 100
Golden. Cabrado 80401
Ph: 303 384.9910 Fax303384-9915
Michael R. Schnoering, AIA
Farewell Mills Cratsch Architects, LLC
200 Forrestal Road
Princeton, NJ 08540
Re: KL&A Hourly Rates
Deaz Michael,
The following aze KI,&A's current hourly rates:
Principal: $150
Associate: $120
Project Manager: $105
Project Engineer: $105
Engineer (Licensed):. $ 95
Structural Designer $ 85
Engineering Intem: $ 70
Clerical: $ 60
Sincerely,
Brant J. Lahnert, P.E.
Principal Engineer
Chief Financial Officer
C:~DOCwm¢mWSCm^BbWiaPMy WwicialCapornt~lODBHwtIYRexs.doc
December 17, 2008
JaffeHalden
Acoustics•Audio •Video
^ • T
PREVAILING BILLING RATES ON AN HOURLY BASIS
Staff Hourly Rate
Principals $275•
Senior Consultants $225•
Consultants $175.
These rates effective as of January 1, 2008
JaffeHolden.com
Northeast: 114-A Washington Street, Norwalk, CT 06854 • teI +1 (203) 838-4167 • fax +1 (203) 838-0168
West: 1453 Third Street Promenade, Suite 335, Santa Monica, CA 90401 • tel +1 (310) 319-1333 • fax +1 (310j 319-1344
Theatre Planning and Design Fisher Dachs Associates 2z west is sheet
New York NY 10011
Tel 212 691 3020
Fax 272 fi33 1644
www fUaoNme com
~~~ Current Hourl Rates
Y
PersonlCategory per Hour per Field Day
Joshua Dachs, Principal 250 2500
Joseph Mobilia, Associate Principal 200 2000
Robert Campbell, Associate Principal 200 2000
Senior Associates 190 1900
Associates, Project Managers 170 1700
Consultants 160 1700
FAITHFUL+GOULD
New Jersey Hourly Rate Structure
2008
Estimatin /Controls Services
SVP / VP/ O erations Director: $175
Senior Cost / PM /Scheduler: $125-$160
Senior Consultant $125-$150
Cost Mana er /Estimator: $100-$120
Admin /Technical su ort: $60-$75
MEP Cost Mana er $125-$140
PM I Chan a Order Services
Senior Pro'ect Mana er $125-$160
Scheduler $120-$145
Asst PM/Site Man er $90-$120
Claims anal sis $140-$250
Court testimon $140-$250
VE tasks $110-$175
Risk $175
Other Services
CVS $125-$200
Facility Condition Assessor $125-$200
FAITHFUL+GOULD Billing Rates
Page 1
else design
basz l'., cc~iorad~ 6i(i21
9'Oi:.'~25-9F78 t'3'Oi~1 %-4..; 9;: ~:.
iG`O ~i~i`SZ. df>.pn. nS-i
billing rates
$150 - 100 principal + creative director
$80 - 50 staff
72 ~ _.J~tr
SCHMUESERGOROON;MEYER
E N G I N E E R S ~ S U R V E Y O R S
FEE SCHEDULE
March 2008
HOURLY RATE
PRINCIPAL ENGINEER ........................................................................... ...................................:......................$155.00
..
.$140.00
SENIOR ENGINEER II .............................................................................. ..
.....................................................
$130.00
SENIOR ENGINEER I ............................................................................... ..........................................................
00
$125
SENIOR PROJECT MANAGER ............................................................... .
...........................................................
$110.00
PROJECT MANAGER ............................................................................. ...........................................................
$110.00
DESIGN ENGINEER II ............................................................................. ...........................................................
$ 90.00
DESIGN ENGINEER I .............................................................................. ...........................................................
$ 65.00
DESIGN TECHNICIAN ............................................................................ ...........................................................
$120
00
SENIOR ENERGY CONSULTANT .......................................................... .
...........................................................
......$ 90.00
ENERGY MANAGER ............................................................................... .....................................................
$105.00
CONSTRUCTION MANAGER ................................................................. ...........................................................
00
$ 95
CONSTRUCTION TECHNICIAN II .......................................................... .
...........................................................
00
$ 85
CONSTRUCTION TECHNICIAN I ........................................................... .
...........................................................
CADD MANAGER ................................................................................................................... ............................ $115.00
SENIOR CADD DESIGNER .................................................................................................... ............................$100.00
CADD DESIGNER .................................................................................................................. ............................$ 90.00
CADD DRAFTER .................................................................................................................... ............................$ 75.00
......$ 95.00
GISTECHNICIAN ................................................................................................................... ......................
$ 85.00
MARKETING MANAGER ........................................................................................................ ............................
$ 65.00
CLERICAL STAFF .................................................................................................................. ............................
SURVEY MANAGER .............................................................................................................. ............................ $140.00
LAND SURVEYOR ................................................................................................................. ............................ $120.00
SURVEY PROJECT MANAGER ............................................................................................. ............................$100.00
SENIOR SURVEY TECHNICIAN ............................................................................................ ............................$ 85.00
SURVEY TECHNICIAN .......................................................................................................... ............................$ 75.00
FIELD SURVEY (1-Man Crew) ............................................................................................... ............................ $150.00
FIELD SU RVEY (1-Man Crew OVERTIME) ............................................................................ ............................ $225.00
FIELD SURVEY (2-Man Crew) ............................................................................................... ............................$200.00
FIELD SURVEY (2-Man Crew OVERTIME) ............................................................................ ............................$300.00
EXPERT TESTIMONY ........................................................................................................... ............................. $300.00
REIMBURSABLES
Eauioment Rate
$ 0.70/mile
Vehicle Mileage ........................................................................................................
ATV /SNOWMOBILE .............................................................................................. .....................
..................... $ 125.00/day
Flow Tote ................................................................................................................. ..................... $ 125.00/day
Reproduction (Plot Sheets are typical "D" size @ 2' x 3', Oversize higher)
Black & White Plots .................................................................................................. ..................... $ 5.50/sheet
Mylar Plots ............................................................................................................... ..................... $19.00/sheet
Color Plots ............................................................................................................... ..................... $30.00/sheet
Photocopies ............................................................................................................. .....................$ 0.25/page
Miscellaneous
Overtime will be charged out at 1'1z times hourly rate (field survey overtime rates noted above).
10% will be added to all direct expenses, including FedEx, special delivery and courier charges, special consultants,
subcontractors, laboratory tests, airfare, lodging, meals, car rental, telephone, outside printing expense, etc. Interest
of 1.5% per month will be charged for invoices past 30 days.
G
J
Y.
a
p;lncina! $200-110
assaci:s{cfs..~niar staff $100-85
s2.tf $60-65
r, ..~« <y,,, c a..
billing retQs