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HomeMy WebLinkAboutresolution.council.023-11 cr a,. , RESOLUTION RESOLUTION NO. 23 o Series of 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE LOCKER ROOM DESIGN AT THE ASPEN RECREATION CENTER, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there exists between the City of Aspen and HAGMAN ARCHITECTS; a mutual interest in providing drawings for the renovation of the Aspen Recreation Center locker rooms; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves this Agreement for Professional Services for the design of locker room renovations located in the Aspen Recreation Center; and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28th day of March _, 2011. Michael C. Ireland, 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 adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk H:\My Documents \Resolution.doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ( "City") and Hagman Architects , ( "Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional 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. The parties anticipate that all work pursuant to this agreement shall be completed no later than Sentember 30.2011 . Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional'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 Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed and not to exceed $ 29.500.00 (Twenty Nine Thousand Five Hundred & 00 dollars). The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "A" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $4.000.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non- Assignability. Both parties recognize that this contract is one for personal 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 Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional 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. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying PSI- 971.doc Page 1 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 Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional 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 Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, 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. 7. 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. Professional 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 Professional 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 Professional. 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 Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional 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 Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional 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 without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, 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 act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional 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 PSI- 971.doc Page 2 the Professional, 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. 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 Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional 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 Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 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) Professional shall procure and maintain, and shall cause any subcontractor of the Professional 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 Professional 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) Workers' 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non -owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a w PS1- 971.doc Page 3 severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) 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 Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional 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 Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, 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 certifi- cate 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 Professional 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 or renew 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 Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional 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 protections 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. 10. 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 Professional for inspection during normal business hours. PSI- 971.doc Page 4 City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. 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. 12. 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: Professional: City Manager Flagman Architects City of Aspen 104 Midland Ave. 130 South Galena Street Basalt, Colorado 81621 Aspen, Colorado 81611 13. Non - Discrimination. 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. Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98, pertaining to non - discrimination in employment. 14. 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 Professional to which the same may apply and, until complete performance by Professional 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. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the 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 Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8- 17.5 -101 & 24- 76.5 -101. PSI- 971.doc Page 5 a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06 -1343 (subsequently amended by HB 07 -1073) and 06 -1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. 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. "Public Contract for Services" means this Agreement. "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 are merely incidental to the required performance. c. By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. d. Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. PSI- 971.doc Page 6 (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional 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. Professional 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 Professional 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. (iv) Professional 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. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) 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 new employee who is an illegal alien; except that Professional 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. (vi) Professional 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. (vii) If Professional 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 PS1- 971.doc Page 7 damages to the City of Aspen arising out of Professional's violation of Subsection 8- 17.5 -102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24- 76.5 -101 et seq., and (3) shall produce one of the forms of identification required by CRS 24- 76.5 -103 prior to the effective date of this Agreement. 17. 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. 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. [SIGNATURES ON FOLLOWING PAGE] PS1- 971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: WITNESSED BY: In • By: Title: NGtPlFLr Date: 7 Wi PSI- 971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work V PS1- 971.doc Page 10 EXHIBIT "B" to Professional Services Agreement w PSI- 971.doc Page 11 HAGMAN ARCHITECTS PROPOSAL January 18,2010 Tim Anderson Recreation Director City of Aspen Re: Aspen Recreation Center locker room remodel Dear Tim, Thank you for working with us, and we are pleased to this proposal estimate for the locker room remodeling project at the Aspen Recreation Center. As discussed, we've gone over the requirements and previous work in an effort to tailor this as close as possible to your goals. Attached is our Services Package that specifies what is included and excluded and the tasks. We prefer to be as closely involved as possible in all of our projects, but appreciate a client's desire to minimize costs. To that end, we have also included a Project Development Sequence that specifically addresses your project and level of services. Both documents are based on providing documents required for full services, and assume that we are involved throughout the design and construction process. The drawing package does not include Engineering and other consultant fees listed as we are assuming that Mechanical, Plumbing, and Electrical Engineering work will be design -build by the general contractor, but we have included a basic lighting plan which is an area that we find to be of particular importance. We will specify the types of fixtures to use, and work with the electrician to finalize the fixture selection. Our process as described in the development sequence will involve a Schematic Design Phase, Design Development and Construction Documents along with Bidding and Construction, assuming a 3 month construction schedule. We have tried to be as efficient with our time as possible so that all the work can move forward smoothly. Assuming a project cost of between $400,000.00 for both soft and hard costs, and after careful review of the services and the tasks included, we would propose a fixed fee of $29,500.00 for our work outlined which works out to approximately 7,3% of the construction cost. This assumes that there will be minimal revisions to the previous design concept and that we will not need to spend time designing completely new concept altemates. Of course if you choose to eliminate or modify any of the services listed herein, we can adjust the fee accordingly. Thank you again for the opportunity, and please let us know if you have any questions. Sincerely, Tim Hagman Tony Major Kurt Carruth Principal Associate Partner Associate Partner i 1 - h HAGMAN ARCHITECTS SERVICES PACKAGE 'A' This description contains a basic outline of drawings, specifications and services provided by Hagman Architects, which includes documentation required to remodel and refinished the existing locker rooms at the Aspen Recreation Center as outlined below and as described in the project development sequence. Services are based on continuing to develop the previous design documents from April of 2007: The following items are included: • Review of existing plans and design concept • Site walk through meetings as described in the development sequence • Meetings with the owner as outlined in the development sequence • Space planning, floor plans and documentation • Interior elevations, design and documentation • Interior color and material selections • Building systems description • Code research and documentation • General construction detailing • Ceiling design and documentation • Cabinets and casework layout, description and details • Locker specifications and details • Door or door hardware design and specifications (existing to be removed) • Interior trim description and specifications • Wall, ceiling and floor finish documentation and color coordination • Specifications- proprietary information • Coordination with plumbing systems • Plumbing fixture selection • Lighting design concept and specifications • Coordination with fire suppression system consultant • Government agency approvals except per below • Bidding and negotiation phase as outlined in the development sequence • Construction observation as outlined in the development sequence The following items are excluded or additional services: • Mechanical or HVAC engineering (design -build by the contractor) • Plumbing engineering and documentation (design -build by the contractor) • Other engineering services • Sound and media design or documentation • Fire suppression design or documentation (design -build by the contractor) • Steel, Cabinet, casework or other shop drawings (provided by the contractor) • Architectural renderings • Interior design and documentation other than above • Performance specifications • Govemment agency approvals for variances or other non - typical approvals • Physical models • Building information modeling over and above basic computer model HAGMAN ARCHITECTS SEQUENCE ARC Locker Room Remodel Project Development Sequence Exhibit "B" Pre- Design Phase: Gathering Information, creating a vision, setting goals 1. Gather Site information — Detailed Site Analysis a. Assemble all previous documents and related materials for analysis b. Walk the site with the Owner to assess existing conditions, & new goals. (Meeting #1) c. Review & evaluate previous design documents for compatibility 2. Assemble Building Information a. Assemble all available information from site analysis b. Review and assess initial budget from the owner c. Determine goveming agency requirements and town approval timelines Schematic Design: Refining the concept, building a framework, establishing design 1. Design Charette: Design Concept Ideas a. Assemble design criteria from programming meeting and walk through b. Review revised program for finishes, replacement of materials, etc. c. Refine the existing vision for architecture, character, and interior concept d. Prepare design concept presentation 2. Project Design Concept & Presentation Meeting a. Meet with owner to present & review project design scheme (Meeting #2) b. Review project program and goals, determine final requirements for all disciplines c. Review any issues with existing building d. Review project schedule, budget and related issues e. Discuss building systems, specifications and other requirements f. Discuss initial project schedule with milestones Design Development: design refinement, systems selection 1. Final Design Package a Review comments from design concept presentation b. Assemble final design package c. Refine outline specifications d. Meet with owner to finalize and approve design package (Meeting #3) e. Determine final building construction systems and relationships g. Obtain authorization to proceed with Construction Documents • Note: significant revisions beyond this point are additional services Construction Documents: Team synergy, coordination, construction drawings 1. Final working drawings and specifications a. Develop remaining drawings and specifications for coordination b. Finalize all architectural and consultant proprietary specifications c. Meet with owner to review progress (Meeting #4) d. Coordinate any comments with consultants 2. Coordination Set a. Print drawing set for coordination of all drawings, systems, details and specifications b. All project team members check drawings thoroughly for potential conflicts and accuracy c. Return coordination set mark -ups to consultants for corrections d. Make all final coordination corrections 3. Building Permit Submittal & Bid Set a. Print and issue bid drawings and specifications for issue to bidders b. Bidding process as outlined under Bidding and Negotiation phase c. Selected Contractor to submit documents for building permit, and other department approvals d. Review the drawings with the owner and contractor as required 4. Issue Final Documents for Construction a. Print and issue construction drawings and specifications for issue to the contractor b. Include all plan check corrections from goveming agencies c. Any value engineering revisions will be additional services d. Contractor submit final drawings to building department for issuance of permit e. Contractor finalizes pricing, establishing final price for all work a. All revisions and clarifications will be issued as supplemental instructions, from this point • Note: revisions beyond this point are additional services Bidding and Negotiation: Budgeting, analyzing pricing, value engineering 1. Selecting the Contractor a. Owner issues public notice to prospective bidders b. Finding a firm committed to the design vision, is critical for overall success and a smooth process 2. Bidding process a. Drawings are issued to the Owner for competitive bidding who Issues drawings to the bidders b. Owner/ Architect walk through with prospective contractors c. All questions are directed to the Owner who will assemble them for the Architect to review d. The Architect assemble formal supplemental instructions to reply and clarify questions e. Requested revisions are additional services a. The contractor is instructed to provide multiple bids for each trade to insure competitive bidding b. A 5 to10% contingency is recommended for unforeseen expenses. 3. Bid opening and final Contractor selection a Bids are opened at a formal opening including the Owner and the Architect (Meeting #5) b. Owner negotiates final price with the contractor c. Any and all value engineering revisions are additional services Construction Observation: Seamless process, On -site solutions, completion and delivery 1. Construction Process a. The contractor provides the construction schedule with milestones early in the project • The schedule includes a clear outline for a potentially short construction window • Any ordering of materials or deposits prior to ground breaking are included • A schedule of values and budget is included b. A defined shop drawing and submittal process is determined and agreed to by all parties. • The process includes a clear understanding of submittals required, and timing • The design team reviews all submittals for compliance with the contract documents c. The 3rd party relationship is maintained between owner, architect and contractor • The Architect, Owner and Contractor will have one point of contact for all questions • Flow of information is channeled through one representative for efficiency • All questions from subcontractors flow through the General Contractor d. Requests for information • 'Note: additional information requested by the Contractor, beyond the contract documents and the services package are additional services. • All items are priced first with owner approval prior to proceeding • Approved items are issued to the contractor as supplemental instructions • RFI's are consolidated and distributed weekly (if possible) to reduce paperwork e. Supplemental instructions `,r • • Note: revisions requested by the Owner are additional services • No-cost clarifications and revisions are issued as supplemental instructions • Any items affecting the budget are priced first before final issue • Supplemental instructions involving budget revisions become change orders • Supplemental Instructions are issued on small sheets unless larger sheets are needed • Supplemental instructions are consolidated and issued weekly unless otherwise required f. Contractor payment application review • The Architect will review and certify monthly pay requests, based on construction progress • Review by the Architect does not include extensive Owner's representation unless contracted • Applications will include an updated schedule of values for all work completed and stored • All change orders are approved separately by the owner and Architect prior to payment • Final payment as described below 2. Construction Observation and On -site Solutions (3 months assumed) a. Architect site visits and observes construction beginning with completion of demolition • The Architect visits the site to review construction once per month • All on site discussions are directed through the General Contractor or his representative • Any issues observed by the design team are directed through the General Contractor • Sample review by Architect and Owner, including any consultants • Additional visits may be required at critical points in the construction process (additional) b. Project meetings • Meetings are held once per month at the site visit (4 total including punch list) • The Contractor provides a meeting agenda for items needing attention • Meeting notes of items discussed and decisions made are distributed by the Contractor • Field reports are included in the meeting notes and recorded by the Contractor • All participants have 5 days to respond to reports and notes with comments or discrepancies ...r c. Problem solving and field revisions • The design team, Owner and Contractor will resolve issues and questions on site as required • Any decisions made are documented by the Contractor in the field report • Any proposed solutions that affect the budget are priced and approved prior to proceeding 3. Final Completion and Project Delivery a. Final walk through and punch list • The Architect will inspect the final work when the project is substantially complete • From his inspection, a punch list will be prepared indicating items left to finish • After the Contractor has completed the list, the architect will verify compliance • If any items remain, the Architect will issue one revised punch list • The other design team members will perform a similar exercise as contracted b. Substantial completion and final payment • With the completion of the punch list items, the Architect will certify final payment • The Contractor will also complete any outstanding tasks that remain