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HomeMy WebLinkAboutresolution.council.071-00 RESOLUTION NO. 71 (SERIES OF 2000) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A CONTRACTURAL AGREEMENT BETWEEN THE CITY OF ASPEN AND DHM, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado and DHM, Inc., a copy of which contract is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that the contract between the City of Aspen, Colorado, and DHM, Inc. regarding the contract for site design services for the Truscott Housing project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: /I /ow .ZZ , 2000. —/ ...1t4/( Rachel E. Richards, Mayor I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held `yy1 4 , 2000. athryn S. Ko , City Clerk AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ( "City ") and DHM Design Corporation, 580 Main St., Suite 110, Carbondale, Colorado ( "Consultant "). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Services. Consultant 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. Consultant 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, Consultant shall submit, for the City's approval, a schedule for the performance of Consultant'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 Consultant. 3. Payment. In consideration of the work performed, City shall pay Consultant THREE HUNDRED THIRTY -SIX THOUSAND FOUR HUNDRED SEVENY -ONE DOLLARS ($336,471.00) in the event that all Phases are performed as requested by City. The City shall have the option of asking Consultant to perform any number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases performed. The City shall notify Consultant of phases it wishes to have performed via formal written Notices to Proceed. Fees including any additional services or reimbursable expenses shall be paid on a percent complete on a monthly basis. 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. Proposal/Cost estimate and attachments, including all written AGI -981 Page 1 — representations of Consultant d. Instructions to Proposers e. Supplemental Conditions, if any f. City's Standard Terms and Conditions for Professional Consultantural Services. 5. Compliance With Procurement Code. The Consultant 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 Consultant 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). Consultant 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 Consultant may have against the City by reason of such violation of the Procurement Code. 6. Non - Assignability. 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 Consultant of any of the responsibilities or obligations under this agreement. Consultant 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 Consultant 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 City. a. Termination by City. The performance of services under this Agreement may be terminated by the City: 1. Whenever the Consultant 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 three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand - delivery or mailing to the Consultant 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 Consultant. The Consultant 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 Consultant. 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 Consultant. Upon request of the Consultant, -the City shall ascertain the facts and failure, and, if the City shall determine that any AG1 -981 Page 2 — failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or 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 Consultant a written notice of termination, specifying the reasons therefor, 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 three (3) business days. The notice of termination shall be sent regular first -class mail to the address of the Consultant herein provided. The Consultant 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 Consultant shall become the property of the City. Notwithstanding the above, Consultant 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 Consultant, and the City may withhold any payments to the Consultant for the purposes of set -off until such time as the exact amount of such damages due the City from the Consultant may be determined. 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 Consultant 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 Consultant 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 AG1 -981 Page 3 — the event of default by the Consultant, no extra costs incurred because of termination shall be paid to the Consultant and any costs paid shall not be a waiver of any claim, counterclaim or setoff by the City against the Consultant 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 the City. Upon the Consultant'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 Consultant, if any, and pay the Consultant the amount as determined. e. Termination Settlement. Subject to Paragraph 5.d, the Consultant 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 Consultant shall have the right of appeal from any determination made by the City under this termination section; except that if the Consultant has failed to submit his claim within the time provided in Paragraph 5.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 5.d. or 5.e., above, the City shall pay the Consultant: (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 Consultant disagrees with the City's determination under Paragraphs 5.d. or 5.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 Consultant submits the dispute to a court of competent jurisdiction. 8. Covenant Against Contingent Fees. The Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, 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. Consultant 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 Consultant 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 AG1 -981 Page4 — work are under the sole control of Consultant. None of the benefits provided by City 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 Consultant. Consultant shall be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, servants and subcontractors during the performance of this contract. Consultant shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Consultant and/or Consultant's employees engaged in the performance of the services agreed to herein. CONSULTANT, 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. Consultant 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 are 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, Consultant error of the Consultant, any subcontractor of the Consultant, or any officer, employee, representative, or agent of the Consultant or of any subcontractor of the Consultant, or which arises out of any workmen's compensation claim of any employee of the Consultant or of any employee of any subcontractor of the Consultant. The Consultant 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 Consultant, 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 Consultant 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 Consultant for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 11. Consultant's Insurance. (a) Consultant 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 Consultant 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 Consultant 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) Consultant shall procure and maintain, and shall cause any subcontractor of the Consultant 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 AG1 -981 Page 5 — continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Consultant 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 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 Consultant'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 Consultant has no owned automobiles, the requirements of this Section shall be met by each employee of the Consultant providing services to the City under this contract. (iv) Consultant Liability insurance with the minimum limits of TWO HUNDRED HH 1 Y THOUSAND DOLLARS ($250,000) each claim and TWO HUNDRED 1 Y THOUSAND DOLLARS ($250,000) aggregate. (c) 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 City, shall be excess and not contributory insurance to that provided by Consultant. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Consultant 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 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 • AG1 -981 Page 6 — 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 Consultant 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 therewith, and all monies so paid by City shall be repaid by Consultant to City upon demand, or City may offset the cost of the premiums against monies due to Consultant 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 Sharing 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 Consultant for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Consultant 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 copies or other tangible embodiments of all design materials, whether or not such materials are subject to intellectual property protection, including but not limited to documents, shop drawings, computer programs developed for the Project or if such programs are not the property of Consultant or Subcontractor, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, as -built documents, and any other documents developed; prepared, furnished, delivered or required to be delivered by the Consultant or Subcontractor to City under the Contract Documents (collectively "Design Materials ") shall be and remain the property of the City whether or not the Project is commenced or completed; provided, however, that City makes payment for the documents in accordance with this Agreement. During the term of the Agreement, the Consultant shall be responsible for any loss or damage to the Design Materials, AG1 -981 Page 7 — while the Materials are in the possession of the Consultant or any of its Subcontractors, and any such Design Materials lost or damaged shall be replaced or restored at the Consultant's expense. The intellectual property rights, if any, to the contents of or concepts embodied in the Design Materials shall belong to the Consultant or its Design Subcontractors in accordance with their contractual relationship and may be copyrighted by them in the United States or in any other country, or be subject to any other intellectual property protection. b. As to those Design Materials subject to copyright or as to which patent or trademark, or any other form of intellectual property protection has been, is or will be obtained, the Consultant grants to City as of the date that the Design Materials are delivered or required to be delivered to the City, a world -wide, paid -up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property protection, for the City to use, reproduce and have reproduced, display and allow others to display and to publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation to the Consultant or any third party subject to the following restrictions: (a) All copyright and other intellectual proprietary rights in or relating to any of the Design Materials, shall remain the property of the Consultant or Design Subcontractor whether or not the Project is constructed. It is understood that, except as provided in this paragraph, the Consultant and Design Subcontractor shall have the right to use any detail, part, concept or system(s) shown on, specified in, or inferable from the Design Materials on any other project and to retain copies for the Consultant's or Design Subcontractor's future use; (b) City shall not, without prior written consent of the Consultant or Design Subcontractor use Design Materials or documents, in whole or in part, for the construction of any other project. If, however, City agrees to indemnify the owner of the intellectual property rights against liability arising from the misuse or incorrect use of Design Materials by City, City shall be entitled to, at no additional cost to the City, use such materials and documents for additions, improvements, changes or alterations to the Project after completion. If Consultant is in default under this Contract and the Contract is terminated, City shall be entitled to use the Design Materials for completion of the Project by others without additional compensation, or a release, indemnification or other action by City; (c) Any reproduction of the Design Materials or part of them shall be faithful and accurate to the original and of good quality; (d) City shall not remove or alter, and shall reproduce and prominently display on all copies made by City, the copyright notice and other proprietary legends appearing on the Design Materials when delivered to City. The restrictions set forth in (c) and (d) above shall be imposed by City on any third party to whom the City allows to display or publish the Design Materials. c. It is understood that City considers the Project's aggregate Consultantural 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 Consultant 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 Consultantural expression so that an average person AG1 -981 Page 8 — would relate the structure(s) to the Project. Consultant 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 Consultant complies with the first sentence of this paragraph. Consultant shall include this provision in its contracts with its Design subcontractors and provide copies of these agreements to City. d. As of the conclusion of the Project, or in the event of termination of the Agreement, Consultant shall turn over to City any of the Design Materials referred to in above which have not yet been submitted to City. Consultant 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 Consultant to make such delivery as provided above, Consultant shall pay City any damages City may sustain from the failure. 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. It is understood that payment under any agreement is conditional upon annual appropriation of funds 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: Consultant: City Manager Laura Kirk City of Aspen DHM Design Corporation 130 South Galena Street 580 Main St., Suite 110 Aspen, Colorado 81611 Carbondale, CO 81623 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. Consultant 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 Consultant to which the same may apply and, until complete AG1 -981 Page9 — performance by Consultant 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 by City. 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. (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 this 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 -981 Page 10 — IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly \ _.w authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: S^ ATTESTED BY: CITY OF ASPEN, COLORADO: —A By: do ,/ „ / CONSULTANT: WITNESSED BY: 4.41t .ti By: / %� %�� 1 APPROVED AS TO FORM BY: REVIEWED BY: Cit ttorney Project Manager JP W -05/01 /00- M: \city\cityatty\areh\ag l -981. doc AG1 -981 Page 11 — I • J• MEMORANDUM To: City Council Thru: John Worcester From: Lee Novak Subject: Truscott Site Planning Date: May 17, 2000 Summary: Staff is asking Council to approve the attached contracts for site planning, and civil engineering services for the Truscott and Plum Tree redevelopment. The contract with DHM design is for $ 336,471.00 and will be split between Housing, Iselin bond fmancing and golf funds. Background: Council has directed staff to move forward with a fmal application for the Truscott redevelopment. This contract will provide design services for the final application, for construction documents and for construction administration. DHM, Inc. was selected through an RFP process and performed the conceptual design work. Staff believe that there excellent performance during that phase and their knowledge of the project warrant extending their term of service through the project's completion. As in the earlier phases of the project DHM will coordinate all of the consultants involved in this project. Council has already approved contracts for golf architecture and traffic intersection design. Staff is on schedule to submit a final application for Community Development review by early June. That application will include a preliminary timeline for construction. Recommendation: Staff recommends that Council approve these contracts with DHM, Inc. This contract is necessary to remain on schedule for the completion of the Truscott project. Staff believes that the fee schedules outlined in both of these contracts is fair and competitive with the market. City of Aspen Standard Terms and Conditions — Consultantural Services • J.. 0 City of Aspen STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL CONSULTANT SERVICES AGREEMENTS (Version AGC -981) AGC -981 Page 1 i City of Aspen Standard Terns and Conditions — Consultantural Services AGC -981 Page 2 City of Aspen Standard Terms and Conditions — Consultantural Services CITY OF ASPEN, COLORADO STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL CONSULTANT SERVICES AGREEMENT (Version AGC -981) INTRODUCT ION These standard 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 consultants or professional consulting firms for professional consulting services. The provisions herein are interrelated with other standard 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 CONSULTANT'S SERVICES AND RESPONSIBILITIES 1.1. GENERAL 1.1.1. The Consultant shall perform the services undertaken according to the Agreement with the City. The part of the project for which Consultant is to provide services pursuant to the Agreement with the City is hereinafter called This Part of the Project. 1.1.2. The Consultant shall designate, when necessary, a representative authorized to act in the Consultant's behalf with respect to This Part of the Project. 1.1.3. The Consultant'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 Consultant 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 Consultant's services. The City shall obtain any necessary soils or geotechnical services. 1.1.5 The Consultant shall provide progress copies of drawings, reports, specifications and other necessary information to the City and other consultants. All aspects of the Work AGC -981 Page 3 City of Aspen Standard Terms and Conditions - Consultantural Services \a..- designed by the Consultant shall be coordinated by the Consultant, and the Consultant shall also become familiar with the Work designed by the City and other consultants as necessary for the proper coordination of the Project. 1.1.6 The Consultant shall cooperate with the City in determining the proper share 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 Consultant 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. SCHEMATIC DESIGN PHASE 1.2.1 The Consultant shall ascertain the requirements for This Part of the Project and shall confirm such requirements with the City. 1.2.2 The Consultant 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 regarding basic systems for This Part of the Project. When necessary, the Consultant shall consult with public agencies and other organizations concerning utility services and requirements. 1.2.3 The Consultant shall prepare 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. DESIGN DEVELOPMENT PHASE 1.2.4 When authorized by the City, the Consultant shall prepare from the Schematic Design Studies approved by the City the Design Development Documents. These shall consist of drawings and other documents to fix and describe This Part of the Project, including materials, equipment, component systems and types of construction as may be appropriate, all of which are to be approved by the City. 1.2.5 The Consultant shall submit to the City a further Statement of Probable Construction Cost of This Part of the Project AGC -981 Page 4 City of Aspen Standard Terms and Conditions — Consultantural Services V, 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 are not intended to be constructed during the construction Phase. 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 AGC -981 Page 5 City of Aspen Standard Terms and Conditions — Consultantural Services documents, or are due to other causes not solely within the control of the Consultant. 1.3.12 Preparing 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 Consultant, provided such Change Orders are required by causes not solely within the control of the Consultant. 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 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, preparation 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 customarily furnished in accordance with generally accepted engineering practice. AGC -981 Page 6 City of Aspen Standard Terms and Conditions — Consultantural Services ARTICLE 2 THE CITY'S RESPONSIBILITIES 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 necessary, 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 Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services. Consultant'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. 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 Consultant. 2.9 The City shall consult with the Consultant before issuing interpretations or clarifications of the Consultant's Drawings and Specifications and shall request the recommendation of the Consultant 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 Consultant of the identity of other consultants participating in the Project and the scope of their services. 2.12 The City shall review the Consultant's work for compliance with the City's program and for overall coordination with the City's and other engineering requirements. 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 Cost 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 Consultant. AGC -981 Page 7 Cite of Aspen Standard Terms and Conditions — Consultantural Services 3.2 The Construction Cost of the Project or of This Part of the Project shall include at current market 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, prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with the construction industry. 3.5 If a fixed limit of Construction Cost has been established, the City and the Consultant shall establish, if practicable, a fixed limit of Construction Cost for This Part of the Project. If such a fixed limit is established, the Consultant, after consultation with the City, shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents with respect to This Part of the Project, and to make reasonable adjustments in the scope of This Part of the Project to bring it within the fixed limit. If required, the Consultant shall assist the City in including in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum related to This Part of the Project occurring after execution of the Contract for Construction. 3.5.1 If the Bidding or Negotiation Phase for This Part of the Project has not commenced within three months after the City receives the Construction Documents any Project budget or fixed limit of Construction Cost for This Part of the Project established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which bids or proposals are sought. 3.5.2 If a Project budget or fixed limit of Construction Cost for This Part of the Project (adjusted as provided in Subparagraph 3.5.1) is exceeded by the lowest bona fide bid or negotiated proposal, the City may require the Consultant without additional charge, to modify the Consultant's Drawings and Specifications for This Part of the Project as necessary to bring the Construction Cost thereof within such fixed limit for This Part of the Project. If it was not practicable to establish a fixed limit of Construction Cost for This Part of the Project, and if the lowest bona fide bid or negotiated proposal, the Detailed Estimate of Construction Cost or the Statement of Probable Construction Cost established for the entire AGC -981 Page 8 City of Aspen Standard Terms and Conditions — Consultantural Services Project (including the bidding contingency) exceeds the fixed limit of Construction Cost of the entire Project, the City may require that the Drawings and Specifications prepared by the Consultant be modified without additional compensation as necessary to make them bear a reasonable portion of the burden of reducing the Construction Cost of This Part of the Project so that the fixed limit of Construction Cost for the entire Project is not exceeded. The providing of such service shall be the limit of the Consultant's responsibility in this regard, and having done so the Consultant shall be entitled to compensation for all services performed in accordance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct salaries of all the Consultant's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include actual expenditures made by the Consultant and the Consultant's employees and consultants in the interest of the Project (to the extent they are reimbursable by the City for the expenses listed in the following Subparagraphs; provided that Consultant 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 Consultant, 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. AGC -981 Page 9 City of Aspen Standard Terms and Conditions — Consultantural Services 5.1.4 If authorized in advance by the City, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock -ups requested by the City. ARTICLE 6 PAYMENTS TO THE CONSULTANT 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 City shall disclose to the Consultant, prior to the execution of this Agreement, any contingent or other special provisions relative to compensation. 6.1.3 The Consultant 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 Consultant and confirm, in writing to the Consultant within ten days from receipt of the Consultant'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 Consultant, 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 CONSULTANT'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 8.1 Except for reference and coordination purposes in connection with future additions or AGC -981 Page 10 City of Aspen Standard Terms and Conditions — Consultantural Services v. alterations to the Work. Drawings and Specifications prepared by the Consultant in instruments of service are and shall be the property of the City whether the Project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for such information and reference. The Drawings and Specifications may be used by the City on other projects, or for completion of this Project by others. 8.2 The Consultant 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 Consultant's rights. JPW- 5/1/00 -M: \city \cityatty \arch \agc- 981.doc rI AGC -981 Page 11 p r i n c i p a l s F. Dean Harper Gregg E. Brown dhm design Richard K. Marshall Mike Gasper Robert W. Smith Laura F. Kirk corpora no o n Bud Simon David Carpenter Rusty Footlik LANDSCAPE ARCHITECTURE LAND PLANNING • SITE DESIGN ENVIRONMENTAL PLANNING April 5, 2000 (Revised April 17, 2000) Scott Duryea Asset Manager City of Aspen 130 S. Galena Street Aspen, Colorado 81611 -1975 RE: Fees for Truscott/Plum Tree Final Application, Construction Document Services, & Bid Period Services Dear Scott: Attached please find our scope of services for the next phases of the Truscott project. As you are aware, this is a very aggressive schedule. We feel that we can meet the deadlines as proposed but all parties involved, consultants as well as City staff, will have to work together to achieve the schedule as outlined. Our primary concern with the schedule is that we will be 50% complete with the construction drawing package before we are scheduled to begin presentations for the final application approval process. Changes of any substantive nature at that time will most likely result in delays to the schedule and revisions to the construction drawing package. Substantive revisions will require additional fees. No work on additional services will be undertaken without your prior approval. Given our experience on projects of a similar size and scope, we have included a 4 -week contingency to cover extensions for whatever reason during the project schedule as currently proposed by Lee Novak. This 4 -week contingency is built into our proposed fees for construction document preparation. If the project extends more than 4 weeks beyond the current schedule, DHM Design will require compensation for additional services. We have also included a contingency in Phase 11 for preparation of illustrative graphics. If no additional graphics are required during or after the final approval process, this amount will not be billed. As requested, Sopris Engineering's fees are included in our contract and we have provided a copy of their written scope. A contract administration fee to cover invoicing/accounting for their contract is itemized in the total fee breakdown. The subconsultants to DHM have not included reimbursables in their scope and these will be billed as an additional item. There are a couple of areas that are not covered under anyone's contract at this time: renovations to the existing pro shop and modifications to the golf course (the site plan indicates an expanded 9 fairway & relocated bunker and relocation of the 10 tee ). How would you like to handle these open items? RBI is available to help us with the design of the tennis courts. The design fee that I have included for their services is based on them being involved in the construction of those courts. If Jeff would like to handle this in another manner, we can remove this line item from our services. As a point of reference, DHM fees are broken into four categories: drawing submittal /construction documents; illustrative graphics; public meetings; and coordination. Our per sheet cost of the drawing submittal/construction Corporate: 1390 Lawrence Street, Suite loo, Denver, CO 80204 ofticeadhmdesign.com:Email 303.892.4984:Fax 303.892.5566 :Tel Western Slope 58o Main Street, Suite uo, Carbondale, CO 81623 carbondaleadhnidesign.com:Email 970.963,6522:Fax 970.963.652o :Tel documents alone is somewhere between $1300 -$1900 /sheet depending on how the phasing of the project breaks out, well within the industry standards. Fees for construction administration have not been included as part of this scope. It is our understanding that the City is hiring a construction management firm to determine phasing and to provide cost estimates for the project. DHM and our subconsultants will assist the construction management firm and respond to questions, but responsibility for provision of unit costs etc. required for cost estimating lies with the construction management firm. Yancy and I have spoken and have tried to breakout our fees relative to the overall project. This is only conceptual but provides our first attempt at assigning our work to the various portions of the Truscott project. Certainly there is some degree of efficiency gained by moving forward on each of these phases at one time. If one part of the project were to dropout that would not necessarily correspond to a reduction in fees by the assigned percentage as shown below. Assignment of Project Design Fees Phase I Housing 35% Phase II Housing 25% Clubhouse /cart Path improvements 20% Tennis 5% Hwy 82/Parking Lot/Entry Road 15% Total 100% Thanks. Sincerely, DHM Design Corporation Laura Kirk CC: Lee Novak Attachments: Fee Structure; Sheet Index; Scope & Fee Submittal; Contact Sheet SCOPE & FEE SUBMITTAL Scott Housing/Plum Tree Golf Course .tional Services/Final PUD /CD's Client: Aspen Housing Office /Aspen Parks Department Date: 4/5/00 Firm: DHM Design Corporation Revised: 4/17/00 Job No.: 98314 -03 DHM Labor Phase I Preparation of Final Application - Due June 5, 2000 1.0 Drawing Submittal $31,140 2.0 Illustrative Graphics $10,900 3.0 Coordination, Project Administration, Meetings $16,530 Total $58,570 Phase II Final PUD Approval Process Services - 6/14/00 - 8/14/00 1.0 Public Meetings $2,850 2.0 Illustrative Graphics (only billed if required) $10,900 3.0 Coordination, Project Administration, Meetings (Shown in Phase III) $0 Total $13,750 Phase III Construction Document Services - 6/12/00 - 8/18/00 plus 4 week contingency Thnstruction Documents $86,000 2oordination, Project Administration, Meetings $37,050 Total $123,050 Phase IV Bid Period Services - 8/21/00 - 10/9/00 1.0 Coordination, Project Administration, Meetings $10,640 Total $10,640 DHM Labor Total $206,010 DHM Reimbursable Expenses to be billed as incurred not to exceed 5% of overall contract price. $10,301 (Does not include reproduction of review or bid sets for drawings & specifications.) DHM SubConsultants Irrigation SubConsultant - HydroSystems $10,000 Tennis Court SubConsultant - RBI $3,000 (Price based on RBI constructing project. Price would increase if design services only) Structural Engineer - Ted Guy Associates $4,000 ctrical Engineer - Same as Housing Electrical Engineer $8,000 SUpris Engineering - See attached scope $91,500 (Does not include reimbursables) Administration fee for subconsultant contracts /invoicing managed by DHM Design. $3,660 Total Fee $336,471 Itemized Summary Title Rate Hours Total Phase I P lration of Final Application - Due June 5, 2000 1.1 Preparation of Submittal - Design Development Sr. Principal $110 $0 DHM will prepare a submittal package including Project Mgr. /Principal $95 180 $17,100 a landscape & site plans per final approval requirements. Senior LA $65 216 $14,040 DHM will provide a grading plan to Sopris Eng. as Task Sub -Total $31,140 a basis for the drainage plan. Site plan to include conceptual level lighting consistent w/ City of Aspen guidelines. Project Mgr. /Principal (20 hrs. / wk x 9 weeks) Senior LA (24 hrs. / wk x 9 weeks) 1.2 Preparation of Illustrative Graphics Sr. Principal $110 $0 DHM will revise Alternative #4 (4/10/00) based on Project Mgr./Principal $95 60 $5,700 input from Council and modifications to the plan Senior LA $65 80 $5,200 to incorporate design development decisions. Task Sub -Total $10,900 DHM will revise and/or create new sections to illustrate the intent of the design Project Mgr. /Principal (60 hrs.) Senior LA (80 hrs.) 1.3 Coordination, Administration, & Meetings Sr. Principal $110 DHM will coordinate drawing package for Final Project Mgr. /Principal $95 174 $16,530 Application w/ all consultants and City staff. Senior LA $65 DHM will act as liaison between City & design team. Task Sub -Total $16,530 7HM will work w/ Construction Manager to :coordinate work efforts. Drawings to be completed by June 5, 2000 based on April 24th approval from Council. Coordination to include regular team meetings w/ City & consultants beginning April 3, 2000. Project Mgr. /Principal (24hrs. / wk x 6 weeks) Project Mgr. /Principal (10 hrs. / wk x 3 weeks) DHM Labor Total $58,570 Itemized Summary Title Rate Hours Total Phase 11 Final PUD Approval Process Services - 6/14/00 - 8/14/00 'blic Meetings - 6/14/00 - 8/14/00 Sr. Principal $110 $0 DHM will attend 1 meeting w/ DRC; 2 w/ P &Z: & Project Mgr./Principal $95 30 $2,850 2 w/ City Council. DHM will prepare agendas for Senior La $65 $0 & facilitate meetings and respond to questions. Task Sub -Total $2,850 5 meetings x 6 hours per meeting. Additional coordination/meeting time in preparation for meetings is accounted for below in Phase III. 1.1 Preparation of Illustrative Graphics Sr. Principal $110 $0 (Contingency to cover possible design changes) Project Mgr./Principal $95 60 $5,700 DHM will revise final application graphics as required Senior LA $65 80 $5,200 based on input from DRC, P &Z, & Council. DHM Task Sub -Total $10,900 is assuming one new plan graphic w/ modifications to the other support graphics. Project Mgr./Principal (60 hrs.) Senior LA (80 hrs.) DHM Total $13,750 Itemized Summary Title Rate Hours Total Phase III Construction Document Services - 6/12/00 - 8/18/00 plus 4 week contingency .onstruction Documents Sr. Principal $110 40 $4,400 OHM will provide a CD set including drawings and Project Mgr. /Principal $95 260 $24,700 specifications. Drawings to be CADD generated. DHM Senior LA $65 520 $33,800 to coordinate drawing package with all Staff La $50 390 $19,500 other consultants. Specifications to be CSI Administration $45 80 $3,600 format. All cost estimates to be provided by City Task Sub -Total $86,000 appointed consultant. Sr. Principal (40 hrs. Quality Review) Project Mgr./Principal (20 hrs. / wk x 13 weeks) Senior LA (40 hrs. / wk x 13 weeks) Staff LA (30 hrs. / wk x 13 weeks) Administration (80 hrs. Spec Preparation) Products: See Attached Sheet Index Specifications 1.2 Coordination, Administration, & Meetings Sr. Principal $110 DHM Design to coordinate all drawings to Project Mgr. /Principal $95 390 $37,050 ensure that package is complete. DHM to Senior LA $65 manage drawing package throughout & Task Sub -Total $37,050 compile drawings for printing. Includes all meetings during construction document period. Project Mgr./Principal (30 hrs. / wk x 13 weeks) '4 Total $123,050 SHEET INDEX 'scott Housing/Plum Tree Golf Course Design Client: Aspen Housing Office /Aspen Parks Department Date: 4/5/00 Firm: DHM Design Corporation Revised: 4/10/00 Job No.: 98314 -03 Construction Document Sheet Index For Entire Project As One Package Sht. No. Sub. Sheet Sheet Title Scale Responsibility 1 COVER SHEET DHM DESIGN 2 G1 SHEET INDEX DHM DESIGN 3 G2 ABBREVIATIONS & LEGEND DHM DESIGN 4 G3 PROJECT OVERVIEW SITE PLAN 1 " =50' DHM DESIGN 5 G4 SHEET ORIENTATION 1 " =50' DHM DESIGN 6 G5 CONSTRUCTION/PHASING 1 " =50' DHM DESIGN /CM Landscape Plans 7 -12 L1 -L6 EXISTING CONDITIONS PLAN 1 " =20' DHM DESIGN /SOPRIS 13 -18 L7 -L12 DEMOLITION PLAN 1 " =20' DHM DESIGN /SOPRIS 18 -24 L13 -L18 MATERIAL PLAN 1 " =20' DHM DESIGN 25 -30 L19-L24 LAYOUT PLAN 1"=20' DHM DESIGN 31 -36 L25 -L30 GRADING PLAN 1 " =20' DHM DESIGN /SOPRIS 37 -42 L31 -L36 PLANTING PLAN 1 " =20' DHM DESIGN 43 -50 L37 -L44 SITE /WALL /LANDSCAPE DETAILS VARIES DHM DESIGN 59 11 -18 IRRIGATION PLANS 1"=20' HYDROSYSTEMS 63 19 -112 IRRIGATION DETAILS VARIES HYDROSYSTEMS Plus 5 transitional sheets for each phase of project - anticipate 5 phases or 25 total additional sheets Drawing Responsibility by Identified Consultants Sopris Engineering -Civil Engineering (Approximately 30 Sheets) UTILITY PLANS DRAINAGE & DETENTION PLANS PARKING LOT LAYOUT INTERNAL ROAD LAYOUT ASSOCIATED DETAILS GPB - Housing Architect (Approximately 300 Sheets) ARCHITECTURAL PLANS, SECTIONS, ELEVATIONS & DETAILS ELECTRICAL FOR HOUSING & SITE ELEMENTS STRUCTURAL ENG. HOUSING, & SITE ELEMENTS MECHANICAL FOR HOUSING Cunniffe - Clubhouse Architect (Approximately 30 Sheets) ARCHITECTURAL PLANS, SECTIONS, ELEVATIONS & DETAILS ALL ELECTRICAL, STRUCTURAL & MECHANICAL FOR NEW BLDG. Loris & Associates INTERSECTION LAYOUT HIGHWAY 82 CDOT PERMITTING PROCESS TRAFFIC SIGNAL LAYOUT & DETAILS UNDERPASSES Items w/o Designated Consultant Responsibility Existing Pro Shop Renovations Golf Course Modifications Phase IV Bid Period Services - 8/21/00 - 10/9/00 I ' — oordination, Administration, & Meetings Sr. Principal $110 1M Design to coordinate w/ City throughout bid Project Mgr./Principal $95 112 $10,640 period to respond to questions, issue addenda, & attend Staff La $63 meetings. Task Sub -Total $10,640 Project Mgr./Principal (16 hrs. / wk x 7 weeks) DHM Total $10,640 Truscott / Aspen Golf & Tennis Club Project Team Project Coordinator /Site Planner/Landscape Architect DHM Design 580 Main Street, Suite #110 Carbondale Colorado, 81623 PH 970 - 963 -6520 FX 970 - 963 -6522 Laura Kirk email: carbondale(&,dhmdesign.com Dave Carpenter Stephanie Kobald Site Design Team Sopris Engineering - Civil Engineer 502 Main Street, Suite A3 Carbondale, Colorado 81623 PH 970 - 704 -0311 FX 970 - 704 -0313 Yancy Nichol email: sopris@rofnet Mark Beckler HydroSystems - Irrigation Design 390 Union Blvd., Suite 300 Lakewood, Colorado 80228 PH 303 - 980 -5327 FX 303 - 980 -5384 Dave Dresen email: Dave Zickerman RBI - Tennis Court Design 4901 S. Windermere Street Littleton, CO 80120 PH 303 - 795 -2582 FX 303 - 795 -3249 Todd Smith email: toddsmith(airbicompanies.com Housing_Architecture Team Ted Guy Associates - Prime Architect/Structural Engineer 23280 Two Rivers Road Basalt, Colorado 81621 PH 970- 927 -3167 FX 970 - 927 -4813 Ted Guy email: tkga6 sopris.net Palomino Barth Architects - Architect 17 Midland Avenue, Suite #205 Basalt, Colorado 81621 PH 970 - 927 -9976 FX 970 - 927 -9676 Bruce Barth email: palaminobarth(dsopris.net Mechanical/Electrical Engineer To Be Determined Clubhouse Architecture Team Charles Cunniffe Architects — Prime Architect 610 E. Hyman Aspen, Colorado 81611 PH 970 - 925 -5590 FX 970 - 925 -5076 Janver Derrington email: stacik@,,cunniffe.com Jeff (963 -6394) Martin Design, Inc. - Structural Engineer 0105 Edwards Village Blvd. #E -204 Edwards, Colorado PH 970 - 926 -5045 FX 970 - 926 -5782 Chris Gamache Beaudin-Ganze, Inc. — MechanicaUElectrical Engineer 110 E. Beaver Creek Blvd., Ste. 202 PO Box 39 Avon, Colorado 81620 PH 970 - 494 -6108 FX 970 - 949 -6159 Dan Koelicker David Lyle Intersection Design Loris and Associates, Inc. — Prime Engineer 5775 Flatiron Parkway, Suite 207 Boulder, CO 80301 PH 303 - 444 -2073 FX 303 - 444 -0611 Pete Loris ext. 20 email: design @LorisAndAssociates.com Scott Belonger ext. 27 Keith Scoggins Balloffet & Associates — Traffic Engineer FX 970 - 221 -9933 Ray Moe Sam Otero Mark Johnson Clanton Engineering — Lighting Nancy Clanton • FEE STRUCTURE DHM Design Corporation Effective January 1, 2000 Hourly Rates Senior Principal $110.00 - $150.00 Principal $85.00 - $120.00 Senior Associate $80.00 - $100.00 Associate $60.00 - $80.00 Senior Landscape Architect/Planner $55.00 - $75.00 Landscape Architect $45.00 - $55.00 Technical Assistant $50.00 - $65.00 Computer Specialist $85.00 - $95.00 Clerical /Word Processing $38.00 - $50.00 Reimbursable Expenses Color Copies $1.50 per copy Blackline Prints $0.50 per square foot Mylar Sepias $3.00 per square foot In -House Computer Plots Mylar $3.00 per square foot Vellum $2.00 per square foot Bond $0.35 per square foot Color Computer Plots $2.50 per square foot Large Document Xerox $0.25 per square foot Mileage $0.32 per mile All outside reimbursable expenses such as printing, copying, and long distance telephone calls are billed at our direct costs. Bills are rendered and due payable monthly. Terms: Due and payable within 30 days upon receipt of statements. 1 1/2% per month interest charged on all past due accounts. Proposal price quotes shall remain in effect for a period of six months with renegotiation of hourly rates and reimbursable expenses at that time. April 14, 2000 Laura Kirk DHM Design 580 Main Street, Suite 110 Carbondale, CO 81623 RE: Truscott Housing Project SE Proposal No. 20000.20 Dear Laura: Sopris Engineering, LLC ( SE ) is pleased to prepare the following proposal for the civil engineering services required for the Truscot Housing Project. It is our understanding the tentative schedule is to prepare design development drawings ( DD) starting April 25, 2000 and having a submittal set completed by June 5, 2000. Required Information It is our understanding that this proposal is for the engineering and surveying services necessary to fulfill the submittal requirements for the City of Aspen Municipal Code and the Aspen Consolidated Sanitation District. We also understand that certain base information will be provided to us. This includes a ACAD copy of the site plan, a copy of the sites title policy and any of the exceptions listed therein pertinent to our plat preparation. We will also need to be provided with a soils investigation with general ,�^^- recommendations, including pavement section design. This information would be required for SE to complete the scope of work as defined below. Coordination A computer plotted site plan will be prepared based on your latest site plan. The plans will be reviewed for any conflicts from an engineering stand point. Once these issues are addressed or any final adjustments made, we will begin the DD drawings. We also envision several coordination meetings with your office and City of Aspen staff. We will coordinate grading and utility relocations with other consultants especially the consultant designing the Highway 82 access and pedestrian under passes. Also coordination with the Aspen Consolidated Sanitation District for the main sewer design through the project. Plat Drawings SE will prepare a Final Plat that is consistent with the City of Aspen regulations governing the subdivision of land. This Final Plat will show the portion of the golf course land to be added to the Truscott Project, any certificates, dimensions and notes required pursuant to municipal code and state statutes. Drainage Study A site drainage study will be prepared based on specific site characteristics, area hydrology, proposed improvements and in accordance with the City of Aspen regulations. The work will include the \..^' 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704 -0311 • Fax (970) 704 -0313 SOPRIS ENGINEERING • LLC civil consultants Laura Kirk SE Proposal No. 20000.20 April 14, 2000 Page 2 preparation of a drainage report discussing existing site conditions, the recommended improvements and supplemented with support calculations. Drainage structures will be designed and included on the grading plan and detail sheets. Grading and Drainage Plan A drainage plan will be prepared that will incorporate any drainage or structures per the drainage study. We will incorporate any contouring in the landscaping areas based upon your concepts and as the drainage study allows. The plan will be prepared at a scale of 1" = 30' or larger and will show the existing site conditions and indicate the overlot grading, finish floors, parking lot and area grades. Separate road plan and profiles will also be prepared. The storm drainage improvements will be shown on the grading and drainage plans. Separate storm drain plan and profile sheets will be prepared. Erosion and Sediment Control A plan will be prepared showing erosion and sediment control using best management practices during construction and for permanent improvements. Master Utility Plan A master utility plan will be prepared at a scale of 1" = 30' or larger and will show the location of existing and proposed utilities for the entire site, including necessary off -site extensions to the site. The utilities shown will be sanitary sewer, water, electric, telephone, cable TV and gas. All proposed utility line locations will be reviewed and coordinated with the respective utility company's. Separate sewer plan and profile sheets will be prepared. Fire hydrant locations will be reviewed with the local fire department. Detail sheets will be included for the sewer and water improvements. Aspen Consolidated Sanitation District (ACSD) SE will prepare the required documents to request a line extension from the ACSD in behalf of the City of Aspen. Once the line extension agreement has been approved SE will prepare the required engineering drawings and specifications for the ACSD's engineer to review and approve. The engineering plans and specifications will be prepared in accordance with the ACSD rules specifications. Excluded Services The services included in this proposal do not include CDOT access permit application, traffic study, floodplain or debris flow studies, water right research, soil or geological investigations, environmental study, construction surveying, field survey, landscaping, and other special or unusual requirements. a. However, if any of the above mentioned services are needed or requested, fees may be negotiated for these services. Laura Kirk SE Proposal No. 20000.20 April 14, 2000 Page 3 Fees and Payment Schedule The following fees are based upon the latest site plan and no major changes occurring once we have started our work. The above - defined work will be completed for a fix fee of $91,500.00 and will be completed. by June 5, 2000 if notice to proceed and the site plan are received by April 24, 2000. Reproduction costs or other authorized additional services will be performed on a time and materials basis in accordance with the enclosed schedule of hourly rates, dated January, 2000. In accepting this proposal, the client warrants that funds are available to compensate SE and that those funds are neither encumbered nor contingent upon the subsequent granting of approvals, permits or financial commitments by lending institutions or other entities. Thank you for providing us with the opportunity to submit a proposal for this project. SE looks forward to working with you once again. Acceptance of this proposal may be indicated by signing the enclosed agreement and returning one signed copy to our office. Please contact us if you have any questions. Sincerely, SOPRIS ENGINEERING, LLC fi Yancy Nichol, P.E. Principal encl: Rate Schedule Authorization for Professional Services SOPRIS ENGINEERING, LLC SCHEDULE OF HOURLY RATES Effective January, 2000 Total project charges are based on hourly rates plus direct job expenses as follows: PERSONNEL CHARGES: PRINCIPAL ENGINEER $100.00/HR PROJECT MANAGER $90.00 /HR PROJECT ENGINEER (P.E.), SURVEY MANAGER (L.S.) $80.00/HR DESIGN AND /OR FIELD ENGINEER, SURVEY SUPERVISOR $70.00/HR TECHNICIAN, FIELD OBSERVER, PARTY CHIEF $60.00/HR TECHNICAL TYPIST, CLERICAL $38.00/HR THREE -MAN SURVEY CREW $130.00 /HR TWO -MAN SURVEY CREW $110.00/HR EXPERT TESTIMONY $225.00/HR GPS SURVEY CREW $170.00/HR COMPUTER CHARGES: CAD SYSTEM (DESIGN) $10.00 /HR COMPUTER PLOTS $20.00 /EA MISC. CHARGES: PHOTOCOPIES $0.15 /EA BLUELINE PRINTS $1.50 /EA MYLAR SEPIAS $20.00 /EA VEHICLE MILEAGE $0.45 /MI OUTSIDE CONSULTANTS OR SUB - CONTRACTORS: BILLED AT OUR COST PLUS 10 PERCENT OTHER DIRECT PROJECT EXPENSES: OUT OF TOWN LIVING EXPENSES: AIRFARE, LODGING, MEALS, CAR RENTAL, TELEPHONE, PARKING FEES, ETC. MISC. EXPENSES: DELIVERY CHARGES, POSTAGE, ETC. BILLED AT OUR COST �y���,,,,,,,, AUTHORIZATION FOR PROFESSIONAL SERVICES BY SOPRIS ENGINEERING, LLC Project Name: Truscott Housing Project The services covered by this Authorization form shall be performed in accordance with the following provisions and the enclosed Sopris Engineering, LLC (SE) proposal letter dated April 13, 2000, unless otherwise specified. 1. Time Schedule: SE will make every reasonable effort to complete all services which are specifically to be furnished under this agreement in a timely manner. 2. Professional Standards: SE shall be responsible, to the level of competency presently maintained by other practicing professional engineers /surveyors in the same type of work in the Client's Community, for the professional and technical soundness, accuracy, and adequacy of all work furnished under this Authorization. SE makes no other warranty, expressed or implied. 3. Termination: Either CLIENT or SE may terminate this Authorization by giving twenty (20) days written notice to the other party. In such event, CLIENT shall forthwith pay SE in hill for all work previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 4. Legal Expenses: In the event legal action is brought by CLIENT or SE against the other to enforce the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 5. Payment: Monthly invoices will be issued by SE for all work performed under the terms of this agreement. Time accounting cuts off on the 25th of the month (invoice date). Invoices will be sent out on or about the last day of the month. They will be sent to the client at the address indicated at the bottom of this Authorization form. Invoices are due and payable on receipt. Finance charges at 1 1/2% per month (18% Annual Rate) will be charged on all amounts which are over 30 days past due. Client/Owner agrees to pay reasonable collection and attorney's fees in the event of nonpayment. 6. Assignment of Agreement: This agreement shall be binding on the heirs, successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 7. Ownership of Documents: All reports, plans, field data, field notes, calculations, estimates and other documents prepared by SE as instruments of service, shall remain the property of SE unless there are other contractual agreements. 8. Limitation of Liability: SE's liability to the CLIENT for any negligent act, error or omission is, in the aggregate, limited to an amount not to exceed the fee earned under this agreement, or $50,000, whichever is greater. CLIENT: Laura Kirk/DHM Design Approved for CLIENT: Billing Name and Address: By: Title: Date: .... Phone No.