HomeMy WebLinkAboutresolution.council.066-12 RESOLUTION # 142
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CHARLES CUNNIFFE ARCHITECTS FOR RIO GRANDE PARK
RESTROOM ARCHITECTURAL SERVICES AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for Rio
Grande Park Restroom Architectural Services, between the City of Aspen and
Charles Cunniffe Architects, a true and accurate copy of which is attached hereto
as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Rio Grande Park Restroom Architectural Services, between the City of Aspen
and Charles Cunniffe Architects a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the 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 9th day of July 2012.
Michael C. eland, 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 July 9, 2012.
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Kathryn S. Koch, City Clerk
Attachment A
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City of AoP¢n
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Charles Cunniffe Architects, Colorado ("Architect").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Scope of Services. Architect shall perform in a competent and professional manner the
Scope of Services as set forth at Exhibit"A" attached hereto and by this reference incorporated herein.
2. Completion. Architect shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Architect.
3. Payment. In consideration of the work performed, City shall pay Architect up to
$21,170.00 in the event that all Phases are performed as requested by City. The City shall have the
option of asking Architect to perform any number of Phases of the Project. Payment shall be based
upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it wishes to
have performed via formal written Notices to Proceed. Fees including any additional services shall not
exceed the following amounts for each given phase:
Planning Phase:
Schematic Design Phase: $5,630
Design Development Phase: $4,240
Construction Document Phase: $9,375
Bidding and Negotiation Phase: $0
Construction Phase: $0
Reimbursable Expenses: $1,925
(in addition to services amounts
and shall not exceed stated
amount without prior approval of City)
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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
representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Architectural Services.
5. Compliance With Procurement Code. The Architect acknowledges that this Agreement
is entered into subject to the requirements of the City of Aspen Procurement Code, Title 4, of the
Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of said
Procurement Code, and such requirements are incorporated herein by this reference (copies of the code
are available upon request to the City for a nominal charge). Architect shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which,
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procurement Code shall be deemed as a waiver of any action or defense that the
Architect may have against the City by reason of such violation of the Procurement Code.
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 Architect of any of the responsibilities or
obligations under this agreement. Architect shall be and remain solely responsible to the City for the
negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Architect to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
may be due to any sub-Architect.
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 Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may allow
or shorter, but not less than three (3) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand-delivery or
mailing to the Architect of a notice specifying the default. If mailed, said notice
shall be sent by certified mail, return receipt requested, to the address specified
herein for Architect.
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The Architect shall not be in default be reasons of any failure in performance of
this Agreement in accordance with its terms if such failure arises out of causes
beyond the control and without the fault or negligence of the Architect. Such
causes may include, but are not restricted to, acts of God, natural disasters,
strikes, or freight embargoes, but in every case the failure to perform must be
beyond the control of the Architect. Upon request of the Architect,the City shall
ascertain the facts and failure, and, if the City shall determine that any failure to
perform constituted a valid commercial excuse, the performance shall be revised
accordingly and notice of default withdrawn; or
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Architect a written notice of termination, specifying the reasons
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 Architect herein provided. The Architect or the City may terminate this
Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees
shall be earned after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Architect shall become the
property of the City. Notwithstanding the above, Architect shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Architect, and the City may withhold any payments to the Architect
for the purposes of set-off until such time as the exact amount of such damages due the
City from the Architect 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 Architect
shall:
1. Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subArchitects to the extent that they relate to the
performance of work terminated by the notice of termination.
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4. With the approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in part in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 3 hereinabove,
including costs incurred and profit to the date of termination (but not for future profit,
which shall not be paid), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, however, that in
the event of default by the Architect, no extra costs incurred because of termination
shall be paid to the Architect and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Architect on account of any default. Such
claim must be submitted promptly, but in no event later than thirty (30) days from the
effective date of termination, unless one or more extensions are granted in writing by
the City. Upon the Architect's failure to submit a claim in the time allowed, the City
may review the information available to it and determine the amount due the Architect,
if any, and pay the Architect the amount as determined.
e. Termination Settlement. Subject to Paragraph 5.d, the Architect and City may negotiate
the whole or any part of the amount or amounts to be paid, upon termination for default
or the convenience of the City.
f. Remedies. The Architect shall have the right of appeal from any determination made by
the City under this termination section; except that if the Architect has failed to submit
his claim within the time provided in Paragraph 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 Architect: (1) the amount the City has determined if there is no right of
appeal or if timely appeal has been taken, or (2) the amount finally determined on such
appeal if an appeal has been taken.
g. Method of Appeal. If the Architect disagrees with the City's determination under
Paragraphs 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 Architect submits the dispute to a
court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Architect warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Architect, to solicit
or secure this contract,that s/he has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. For a breach or violation of
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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 Architect Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Architect shall be, and shall perform as, an independent Architect who agrees to use his
or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
work are under the sole control of Architect. None of the benefits provided by 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 Architect. Architect shall be solely and
entirely responsible for its acts and for the acts of Architect's agents, employees, servants and
subArchitects during the performance of this contract. Architect shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or contributions imposed or required under unemployment insurance, social
security and income tax law, with respect to Architect and/or Architect's employees engaged in the
performance of the services agreed to herein. ARCHITECT, AS AN INDEPENDENT
ARCHITECT, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS
AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. Architect agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, which arise out of or 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, Architect error of the Architect, any
subArchitect of the Architect, or any officer, employee, representative, or agent of the Architect or of
any subArchitect of the Architect, or which arises out of any workmen's compensation claim of any
employee of the Architect or of any employee of any subArchitect of the Architect. The Architect
agrees to investigate, handle, respond to, and to provide defense for and defend against, any such
liability, claims or demands at the sole expense of the Architect, or at the option of the City, agrees to
pay the City or reimburse the City for the defense costs incurred by the City in connection with, any
such liability, claims, or demands. The Architect also agrees to bear all other costs and expenses
related thereto, including court costs and attorney fees, whether or not any such liability, claims, or
demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Architect for the portion of the judgment attributable to such act, omission, or other fault of the City, its
officers, or employees.
11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense,
a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
AG1-981 Page 5
obligations assumed by the Architect pursuant to Section 8 above in amounts and aggregates as stated
below. Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The Architect shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,
or types.
(b) Architect shall procure and maintain, and shall cause any subArchitect of the Architect to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Architect pursuant to Section 8 above. In the case of any claims-made policy,the necessary retroactive
dates and extended reporting periods shall be procured to maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory
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 Architects, products, and
completed operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than THREE HUNDRED THOUSAND
DOLLARS ($300,000.00) each occurrence and THREE HUNDRED THOUSAND DOLLARS
($300,000.00) aggregate with respect to each Architect's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interest provision. If the Architect has no owned automobiles, the requirements
of this Section shall be met by each employee of the Architect providing services to the City
under this contract.
(iv) Architect Liability insurance with the minimum limits of TWO HUNDRED
FIFTY THOUSAND DOLLARS ($250,000) each claim and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) aggregate.
(c) 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
AG1-981 Page 6 —
by Architect. No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The Architect shall
be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Architect's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City
may offset the cost of the premiums against monies due to Architect from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers, or its employees.
12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk 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 Architect for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Architect reasonable notice of any changes in its membership or participation in CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or ,
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's State
of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is 84-
6000563.
14. Ownership of Design Materials and Documents.
a. The 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
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documents, shop drawings, computer programs developed for the Project or if such
programs are not the property of Architect or SubArchitect, 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 Architect or SubArchitect 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 Architect shall be responsible for any loss or damage to the Design Materials, while
the Materials are in the possession of the Architect or any of its SubArchitects, and any
such Design Materials lost or damaged shall be replaced or restored at the Architect's
expense. The intellectual property rights, if any, to the contents of or concepts
embodied in the Design Materials shall belong to the Architect or its Design
SubArchitects 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
Architect 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 Architect 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 Architect or Design
SubArchitect whether or not the Project is constructed. It is understood that, except as
provided in this paragraph,the Architect and Design SubArchitect 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 Architect's or Design
SubArchitect's future use; (b) City shall not, without prior written consent of the
Architect or Design SubArchitect 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 Architect 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
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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 architectural expression (that
is, the overall combination of the Project's visually apparent design features) and any
distinctive individual features, to be unique and of commercial value, and the Architect
and its Design SubArchitects 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 architectural expression so that an average person would relate the
structure(s) to the Project. Architect and its Design SubArchitects shall, however, be - - -
free to use individual features from the Project or combinations of features in other
projects, so long as the Architect complies with the first sentence of this paragraph.
Architect shall include this provision in its contracts with its Design subArchitects 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,
Architect shall turn over to City any of the Design Materials referred to in above which
have not yet been submitted to City. Architect shall submit the Design Materials to City
within ten days of the conclusion of the project, or date of termination. In the event of
the failure by Architect to make such delivery as provided above, Architect shall pay
City any damages City may sustain from the failure.
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: Architect:
City Manager Charles Cunniffe
City of Aspen Charles Cunniffe Architects
130 South Galena Street 610 East Hyman Avenue
Aspen, Colorado 81611 Aspen, Colorado 81611
18. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
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handicap, or religion shall be made in the employment of persons to perform services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance
or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Architect to which the same may apply and, until complete
performance by Architect of said term, covenant or condition, the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
20. Execution of Agreement 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. Illegal Aliens-CRS 8-17.5-101 & 24-76.5-101.
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 Owner, from knowingly hiring an illegal alien to perform work
under a contract, or to knowingly contract with a Architect 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 Owner.
1. "E-verify program" means the electronic employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended,that is jointly administered by the United States Department of
Homeland Security and the social security Administration, or its successor program.
2. "Department program"means the employment verification program established
pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services"means this Agreement.
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4. "Services"means the furnishing of labor, time, or effort by a Architect or a
subArchitect 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, Architect certifies and represents that at this time:
1. Architect shall confirm the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services; and
2. Architect has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal aliens.
d. Architect hereby confirms that:
1. Architect shall not knowingly employ or contract with an illegal alien to perform
work under the Public Contract for Services.
2. Architect shall not enter into a contract with a subArchitect that fails to certify to
the Architect that the subArchitect shall not knowingly employ or contract with an illegal alien
to perform work under the Public Contract for Services.
3. Architect has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services through
participation in either the e-verify program or the department program.
4. Architect shall not use the either the e-verify program or the department program
procedures to undertake pre-employment screening of job applicants while the Public Contract
for Services is being performed.
5. If Architect obtains actual knowledge that a subArchitect performing work under
the Public Contract for Services knowingly employs or contracts with an illegal alien, Architect
shall:
i. Notify such subArchitect and the Owner within three days that Architect
has actual knowledge that the subArchitect is employing or subcontracting with an
illegal alien; and
ii. Terminate the subcontract with the subArchitect if within three days of
receiving the notice required pursuant to this section the subArchitect does not stop
employing or contracting with the illegal alien; except that Architect shall not terminate
the Public Contract for Services with the subArchitect if during such three days the
subArchitect provides information to establish that the subArchitect has not knowingly
employed or contracted with an illegal alien.
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6. Architect shall comply with any reasonable request by the Colorado Department
of Labor and Employment made in the course of an investigation that the Colorado Department
of Labor and Employment undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
7. If Architect violates any provision of the Public Contract for Services pertaining
to the duties imposed by Subsection 8-17.5-102, C.R.S.the Owner may terminate this
Agreement. If this Agreement is so terminated, Architect shall be liable for actual damages to
the Owner arising out of Architect's violation of Subsection 8-17.5-102, C.R.S.'
22. 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.
AGI-981 Page 12
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
Dated: / � Z-'
ATTESTED BY: CITY OF ASPEN, COLORADO:
..I -
ARCHITECT:
By
WITNESSED BY: . -
By: C _______ 4t
APPROVED AS TO FORM BY: REVIEWED BY:
Ar so
°� •rney ' •sect Manager
JPW-1/3/2012-M:\city\cityatty\arch\ag1-981.doc
AG1-981 Page 13 —
CHARLES CUNNIFFE
ARCHITECTS
January 3, 2012
Mr. Scott Chism
Project Manager/Parks Planner
City of Aspen Parks Department
585 Cemetery Lane
Aspen, CO 81611
Re: Rio Grande Park Restroom/Pump House Architectural Proposal
Dear Scott,
Thank you for the opportunity to discuss our involvement with the Rio Grande Park
Restroom/Pump house building. It is an interesting project and one we believe has the
potential to be distinctive, memorable and a great addition to the Rio Grande Park,
Theatre Aspen and John Denver Sanctuary development.The sustainable attributes of
the project mess well with and expound upon the City of Aspen's sustainability goals and
the redevelopment of the adjacent storm water ponds.
In preparing this proposal we had to make a number of assumptions in terms of program,
scope of work, as well as schedule based on the concepts and building programs
developed to date and our recent discussions with you. We have broken down this
proposal into scope of work, schedule, and an estimate of professional fees.
Scope of Work
As we discussed, at this point we are planning on developing a conceptual architectural
design package for approvals purposes. Once approvals are completed, we are
assuming we will provide full architectural design and documentation as well as
Construction Administration services.
Restrooms approx. square footage (interior'
- Men's (1 stall, 1 HC stall, 2-3 urinals, 2-3 sinks) - 12'x 16' 192 s.f.
- Women's (2 stalls, 1 HC stall, 2-3 sinks) - 12'xl 6' 192 s.f.
Covered Lobby (dog trot) - 10'x12' 120 s.f.
Pump House- 13'x 23' 299 s.f.
Total 803 s.f.
Specific spatial requirements for composting toilets undetermined at this time.
EXHIBIT `A'
Schedule
In terms of schedule, we will initiate conceptual design work as soon as possible for your
anticipated mid-January City Council review. Assuming no unforeseen changes or
circumstances,we would be able to complete the design development and
construction documents for a Spring 2012 construction start, should the pump house
need to be online by then.
Professional Fees
Given the above-specified scope of work, budget and schedule,we estimate the
following fees for our professional services:
Schematic design: Estimated fee $5,630.00
During this phase we will develop the initial concepts for the project, and by its
conclusion,will have a relatively established floor plan, building area, building sections
and exterior elevations at a scale of 1/4"= 1 foot. Develop a computerized 3D model of
building as a design tool and for necessary approvals. We will also solicit requests for
proposals to applicable consultants, such as Structural Engineers.
Design Development: Estimated fee $4,240.00
During this phase we begin to coordinate consultant information and building systems
while continuing to develop the overall design at a larger, more detailed level. Interior
character is developed and we begin to collect finish materials samples for review with
Owner. At the conclusion of Design Development the Owner will be able to sign-off on
the majority of design decisions and the General Contractor can provide a more
detailed construction cost estimate.
Construction Documentation: Estimated fee $9,375.00
Drawings and specifications are coordinated and finalized for a building permit and
construction.
Construction Administration: Hourly as required
Throughout the building process we monitor the progress of construction attending
regular site meetings, coordinating and clarifying any issues that arise as well as
reviewing shop drawings and approving finish samples. We also typically review
contractor pay requests. One day a week through the construction phase.
The Architect shall be compensated by the Owner for services provided at our standard
hourly rates; provided however, that the total cost of Architectural services shall not
exceed the amounts specified above for any phase or a total of$ 19,245.00 for the
Project,without prior written authorization from the Owner.
Any Reimbursable Expenses such as telephone, fax, plots, copies, mail, travel expenses
and travel time will be billed in addition. Reimbursable expenses shall not exceed
$ 1,925.00 without prior approval from the Owner.
Any consultants such as soils, civil, structural, and mechanical and electrical engineering,
landscape architecture, and/or lighting design are not included and are in addition to
the fees listed here.
EXHIBIT 'A'
This proposal shall be valid for 45 days from date hereof, if the owner does not authorize
the commencement of services within six months from the date hereof, this proposal shall
be deemed terminated, and a new proposal shall be negotiated. Upon your approval of
this proposal we will draft an AIA B 104-Standard Form of Agreement Between Owner
and Architect for the project.
We are pleased to answer or clarify any questions you may have, we thank you for
requesting this proposal, and look forward to working with you.
Sincerely,
CLL Come•°"4
Charles Cunniffe
EXHIBIT 'A'
cops-CC-F --
Attachment B
PROFESSIONAL SERVICES CONTRACT CHANGE ORDER
City of Aspen Parks and Recreation Department CO No. 1
PROJECT: Rio Grande Park Restroom Architectural Services
DATE OF ISSUANCE: 06-22-12
OWNER: City of Aspen
CONSULTANT: Charles Cunniffe Architects OWNER's Project No. 2012-004
You are directed to make the following changes in the professional architectural services scope of work:
Description: Complete additional revised design services necessary for separation of irrigation pump system
structure from restroom structure in order to reduce size and footprint of restroom building.
Purpose of Contract Amendment: Reduce size of restroom building by separating the irrigation pump system
space requirements from the primary restroom building structure.
Attachments: Contract amendment correspondence from Charles Cunniffe to Stephen Ellsperman, dated June
21, 2012
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price: $21,170.00 Original Contract Time:
Complete by September 28,2012
Previous Change Order Net Change from previous
to No. Contract Amendments
+0 days
Contract Price prior to Contract Time prior to
this Change Order this Change Order
$21,170.00 Complete by September 28,2012
Net Increase(decrease) Net Increase(decrease)
of this Change Order of this Change Order
+$7,800.00 +0 days
Contract Price with all Contract Time with all
approved Change Orders approved Change Orders
$28,970.00 Complete by September 28,2012
RECO NDED: APPROV APPROVED:
by: by
• •roject Manager fer `# Consultant
LAM
A
CHARLES CUNNIFFE
ARCHITECTS
June 21, 2012
City of Aspen Parks and Recreation Department
ATTN: Mr.Steve Ellsperman, Director of Open Space
585 Cemetery Lane
Aspen, CO 81611
RE: Architectural Services: Rio Grande Park Restroom Bldg. Project # 1 136
Dear Steve,
Based on recent discussion, and in an effort to maintain and strengthen our valued
working relationship with the City of Aspen,we are submitting this revised services
addendum,which reflects discounted fees, as outlined below.
We are submitting this contract addendum for design revisions for the above project.
The addendum is based on architectural services beyond the scope of our original
agreement (1/5/12) and Proposal (Exhibit 'A'; 1/3/12).
The design revisions include adjustments made to the scope, program, and site changes.
These revisions involved adjusting the site and building design to accommodate the
Restroom building relocation,building program adjustments (building size and
configuration),and revisions to the building location on the site due to updated survey
information and program adjustments. At your request,we studied several alternative
design options as requested by the City Council for presentation at the following council
work session. Work incurred in the Construction Document phase was in an effort to
maintain the desired construction schedule initially anticipated,as well as providing
contractors with drawings and specification of enough detail to obtain preliminary
pricing.
We appreciate your consideration of the following fees for revisions beyond our original
agreement,which reflect total amounts to complete this project based on the current
scope:
Schematic Design: $1,900.00 (16.5 hours)
Design Development: $2,600.00 (22.5 hours)
Construction Documents: $3,300.00 (56 hours)
(Reflects current courtesy discount of$3,200.00 plus
previous services discount of$4,500.00 on prior invoice)
Total : $ 7,800.00 (95 hours)
Please let me know if you have any questions regarding this or sign below and return a
copy for our files. We are looking forward to finalizing the design and construction
drawings, and assisting with the completion of this quality project for the City of Aspen.
Best Regards,
Charles L. Cunniffe, AlA
Principal
Approved:
Attachment C
PROFESSIONAL SERVICES CONTRACT AMENDMENT
City of Aspen Parks and Recreation Department CA No. 1
PROJECT: Rio Grande Park Restroom Architectural Services
DATE OF ISSUANCE: 06-22-12
OWNER: City of Aspen
CONSULTANT: Charles Cunniffe Architects OWNER's Project No. 2012-004
You are directed to make the following changes in the professional architectural services scope of work:
- Description: Complete architectural design services necessary for irrigation pump system structure.
Purpose of Contract Amendment: Design documentation of irrigation pump system building necessary for
building permits.
Attachments: Contract amendment correspondence from Charles Cunniffe to Stephen Ellsperman, dated June
21, 2012.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price: $21,170.00 Original Contract Time:
Complete by September 28,2012
Previous Contract Amendment Net Change from previous
to No. Contract Amendments
+0 days
Contract Price prior to Contract Time prior to
this Contract Amendment this Contract Amendment
$28,970.00 Complete by September 28,2012
Net Increase(decrease) Net Increase(decrease)
of this Contract Amendment of this Contract Amendment
+$7,700.00 +0 days
Contract Price with all Contract Time with all
approved Contract Amendments approved Contract Amendments
$36,670.00 Complete by September 28,2012
REC•■ 4 NDED: APPR APPROVED:
,y: ;s ~�' by: �/ by.
Project Manager Consultant
1 «� nom.,.
[l A
CHARLES CUNNIFFE
ARCHITECTS
June 21, 2012
Mr. Steve Ellsperman
Director of Open Space
City of Aspen Parks Department
585 Cemetery Lane
Aspen, CO 81611
Re: Rio Grande Park Pump House Architectural Proposal
Dear Steve,
Based on our recent conversation, we are re-submitting this revised services addendum
for the Rio Grande Purnphouse.This revision is based on the scope below and assumes
location, program and design criteria will not be changing. We are assuming this will be
be basic drawing information, as required for building permit and construction with a
minimum amount of detailing required. While this is a fairly small stand-alone structure,
there are design elements that will require careful attention such as an earth sheltered
structure with a planted roof and coordination of site, structural,
mechanical/electrical/plumbing issues with other consultants.
As discussed at our last meeting we have revised the architectural addendum to reflect
the recent evolution of the project into two separate buildings. Given the decision to
separate the pump house from the restroom building we have prepared a separate
proposal for the pump house as the addendum reflects work incurred in developing the
rest room building. In preparing this proposal we have had to make some assumptions in
terms of program, scope of work, and schedule based on our recent discussions with
you. We have broken down this proposal into scope of work, schedule, and an estimate
of professional fees.
Scope of Work
Due to the proximity of the John Denver Sanctuary and Theatre Aspen brief on-site
design meeting to review site constraints and design intent would be very beneficial to
establishing an efficient design process. Complete and accurate site information as well
as a design program/narrative will be required. As discussed,we are planning on
developing a conceptual architectural design package for approvals purposes. Once
approvals are completed,we will provide full architectural design, documentation and
coordination with other consultants to obtain a City of Aspen building permit. In an effort
to keep the fees to a reasonable minimum we have assumed that the review process will
be fairly straight forward not requiring numerous revisions or alternate design studies.
Construction Administration services will be as required throughout the construction
phase.
approx. square footage (interior)
Pump House- 13'x 23' 299 s.f.
I
AMEN
J
EXHIBIT 'A'
Schedule
With regard to schedule, we will initiate conceptual design work upon finalization of the
pump equipment sizing and site discussion. Assuming no unforeseen changes or
circumstances,we would be able to complete the schematic design, design
development and construction documents for a late Summer/early Fall 2012
construction start, should the pump house need to be online sooner please let us know.
Professional Fees
Given the above-specified scope of work, budget and schedule, we estimate the
following fees for our professional services:
Schematic design: Estimated fee $1,100.00.00 (approx. 1 week)
During this phase we will develop the initial concepts for the project, and by its
conclusion, will have a relatively established floor plan, building area, building sections
and exterior elevations at a scale of 1/4"= 1 foot.
Design Development: Estimated fee $2,900.00 (approx. 2 weeks)
During this phase we begin to coordinate consultant information and building systems
while continuing to develop the overall design at a larger, more detailed level. At the
conclusion of Design Development the Owner will be able to sign-off on the majority of
design decisions and the General Contractor can provide a preliminary cost
construction cost estimate.
Construction Documentation: Estimated fee $3,700.00 (approx. 3 weeks)
Drawings and specifications are coordinated and finalized for a building permit and
construction.
Construction Administration: Hourly as required
Throughout the building process we monitor the progress of construction attending
regular site meetings, coordinating and clarifying any issues that arise as well as
reviewing shop drawings and approving finish samples. We also typically review
contractor pay requests. One day a week through the construction phase.
The Architect shall be compensated by the Owner for services provided at our standard
hourly rates; provided however, that the total cost of Architectural services shall not
exceed the amounts specified above for any phase or a total of $ 7,700.00 for the
Project, without prior written authorization from the Owner.
Any Reimbursable Expenses such as telephone, fax, plots, copies, mail, travel expenses
and travel time will be billed in addition. Reimbursable expenses shall not exceed
$ 1,252.00 without prior approval from the Owner.
Any consultants such as soils, civil,structural, and mechanical and electrical engineering,
landscape architecture, and/or lighting design are not included and are in addition to
the fees listed here.
EXHIBIT 'A'
This proposal shall be valid for 45 days from date hereof,if the owner does not authorize
the commencement of services within six months from the date hereof, this proposal shall
be deemed terminated, and a new proposal shall be negotiated. Upon your approval of
this proposal we would enter into the City of Aspen's Standard Agreement for
Professional Architectural Services. We are pleased to answer or clarify any questions you
may have,we thank you for requesting this proposal,and look forward to working with
you.
Sincerely,
Charles Cunniffe
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