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resolution.council.071-19
RESOLUTION #71 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND 359 DESIGN 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 an Owner- Architect agreement between the City of Aspen and 359 Design LLC, 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 the Owner- Architect agreement between the City of Aspen and 359 Design LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract change orders on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24th day of June, 2019. Torre, Mayor I, Linda Manning, 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 June 24, 2019. Linda Manning, 'ity Clerk JUrle L4, LU iii r-milDit H - uorltrdut inuuUir1(`J. h'rapasai aria mr-t- AIA Document B132TM - 2009 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the 24th day of June in the year 2019 (In words, indicate dav, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal states, address and other information) completion.The author may also have revised the text of the original City of Aspen AIA standard form.An Additions and c/o Chris Everson Deletions Report that notes added 130 South Galena Street information as well as revisions to the Aspen,CO 81611 standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Nance, legal stratus, address and other information) document indicates where the author has added necessary information 359 Design and where the author has added to or Atte: Will Hentschel deleted from the original AIA text. 3630 Osage Street This document has important legal Denver,CO 80211 consequences.Consultation with an 303-884-9131 attorney is encouraged with respect whentschel@359design.co to its completion or modification. This document is intended to be used for the following Project: in conjunction with AIA Documents (Name, location and detailed description) A1321-2009,Standard Form of Agreement Between Owner and 2019-046 Burlingame Ranch Phase 3 Outreach and Design Services: Design team services Contractor,Construction Manager as including outreach,design,engineering& modular facilitation for 79 affordable Adviser Edition;A232T1"-2009, condominiums in a previously-approved multifamily planned development at Phase 2B General Conditions of the Contract (aka Phase 3)of Burlingame Ranch subdivision in Aspen, Colorado. for Construction,Construction Manager as Adviser Edition;and The Construction Manager: C1321-2009,Standard Form of (Nate, legal status, address and other in%rntation) Agreement Between Owner and Construction Manager as Adviser. TBD-Owner Intends to add CMa at the time Part 2 of the scope is added AIA Document A232M-2009 is adopted in this document by reference. Do not use with other The Owner and Architect agree as follows. general conditions unless this document is modified. AIA Document 8132^"-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAO Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this ALAI Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June L1+, LU ly Cxnl[)IL M - uoritraut Iricivairlg rropusal aria r'Crr TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION §1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Paragraph deleted) §1.1.1 The Owner's program for the Project: The City of Aspen(Owner)will pursue a collaborative project development team. CMa will be added at the time of Part 2 Services based on the attached exhibits. All project participants are expected to embrace basic teamwork principles such as mutual respect and trust,transparency, collaborative problem-solving,open communication and professionalism at all times. §1.1.2 The Project's physical characteristics: Burlingame Ranch Phase 2B, Aspen,CO consisting of 79 affordable condominiums and appurtenant project features based on City of Aspen Ordinance 22 of 2011 and PUD Plan Set recorded with Pitkin County Clerk and Recorder under reception#598457. §1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: Cost of work is TBD AIA Document B132TM'—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may 2 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUne L1+1 LU I y CxnIUIL H - uomraUL Ir1CIUUlr1C�]. rroposal aria Kr-r §1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Project Schedule based on Section 5.4.2 Project Schedule of Exhibit A Proposal dated 23 May 2019 prepared by 359 Design .2 Commencement of construction: TBD .3 Substantial Completion date or milestone dates: .4 Other: §1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Multiple Prime Contractors are used, the term "Contractor"as referred to throughout this Agreement will be as if plural in number.) [ ] One Contractor [ ] Multiple Prime Contractors [X] Unknown at time of execution §1.1.6 The Owner's requirements for accelerated or fast-track scheduling,multiple bid packages,or phased construction are set forth below: n/a §1.1.7 Other Project information: (Identify special characteristics or needs oj'the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements) §1.1.8 The Owner identifies the following representative in accordance with Section 5.5: CMa is TBD until Part 2 services are added.Owner will self-represent for Part 1 services.Contact:Chris Everson,City of Aspen Affordable Housing Project Manager,(970)429-1834,chris.everson@cityofaspen.com §1.1.9 The persons or entities,in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: Chris Everson,City of Aspen Affordable Housing Project Manager,(970)429-1834,chris.everson@cityofaspen.com AIA Document 6132TM —2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA0 Document is Init, protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may 3 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUr1C L4, LU I y CXrliuit H - uorltract incivai 1Cy. t--fOpOSai aria mt-t- §1.1.10 The Owner will retain the following consultants: .1 Construction Manager: The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention: CMa is TBD until Part 2 services are added as additional services .2 Cost Consultant(if in addition to the Construction Manager): TBD .3 Land Surveyor: TBD .4 Geotechnical Engineer: TBD .5 Civil Engineer: .6 Other consultants: TBD §1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address and other information.) §1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: Architect's consultants are based on Section 5.1.7 and 5.1.8 of Exhibit A Proposal dated 23 May 2019 prepared by 359 Design §1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: .2 Mechanical Engineer: Init. AIA Document B132Tm—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it,may 4 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June L4, zu la r-mmit H - uuntract incivainy rropasai ana mrr .3 Electrical Engineer: §1.1.12.2 Consultants retained under Additional Services: §1.1.13 Other Initial Information on which the Agreement is based: §1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change,and in that event,the Owner and the Architect shall appropriately adjust the schedule,the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES §2.1 The Architect shall provide the professional services as set forth in this Agreement. §2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. §2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C 132Tm-2009,Standard Form of Agreement Between Owner and Construction Manager.The Architect shall not be responsible for actions taken by the Construction Manager. §2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. §2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. §2.6 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains,the Owner shall reimburse the Architect for any additional cost. §2.6.1 Comprehensive General Liability with policy limits of not less than Two Million dollars($2,000,000)for each occurrence and in the aggregate for bodily injury and property damage. §2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than One Million($ 1,000,000)combined single limit and aggregate for bodily injury and property damage. §2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability,provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. AIA Document 13132-—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may 5 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June z-4, LU I y r—miDit H - UOnlraUL IrICIUQIny t—roposal ana Kr- t-§2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million dollars($ 1,000,000). §2.6.5 Professional Liability covering the Architect's negligent acts,errors and omissions in its performance of professional services with policy limits of not less than One Million Dollars($ 1,000,000)per claim and in the aggregate. §2.6.6 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.The insurance policies required by this Section shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire without at least 30 days' prior written notice to the Owner.An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment.Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability,Automobile Liability,umbrella or excess policies. §2.6.7 Governmental Immunity: The parties hereto understand and agree that Owner is relying on,and does not waive or intend to waive by any provision of this contract,the monetary limitations(presently$350,000.00 per person and$1,093,000 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 Owner,its officers,or its employees. §2.6.8 Owner's Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental 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 Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. §2.6.9 Deductible: The Architect shall pay any amounts not covered under these policies because of a deductible on the insurance policies provided by the Architect. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES §3.1 The Architect's Basic Services consist of those described in Article 3 and includes services described in Section 5.2.4 Part 1 of attached Exhibit A Proposal dated 23 May 2019 prepared by 359 Design. Initial contract does not include Part 2 and Part 3.Owner intends to add Part 2 and Part 3 at a later date by amendment to this agreement as additional services.CMa is initially TBD.Owner intends to add CMa at the time of Part 2 services. Services not set forth in this Article 3 are Additional Services. §3.1.1 The Architect shall manage the Architect's services,consult with the Owner and the Construction Manager, research applicable design criteria,attend Project meetings,communicate with members of the Project team and report progress to the Owner. §3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager and the Owner's other consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner,the Construction Manager,and the Owner's other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission or inconsistency in such services or information. §3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager.The schedule of the Architect's services shall include design milestone dates,anticipated dates when cost estimates or design reviews may occur,and allowances for periods of time required(1)for the Owner's review,(2)for the Construction Manager's review,(3)for the performance of the Owner's consultants,and(4)for approval of submissions by authorities having jurisdiction over the Project. Init. AIA Document B132TM'—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAa Document,or any portion of it,may 6 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrIe L14, LU I�J CXHIDII /--\ - l.Urltraui, IrIUIUUIrIy rropusai anu mi-r §3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. §3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule,the Owner and the Architect shall not exceed them,except for reasonable cause. §3.1.6 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming Work,made without the Architect's approval. §3.1.7 The Architect shall,at appropriate times,in coordination with the Construction Manager,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project,the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. §3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. §3.2 Schematic Design Phase Services §3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. §3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and the proposed procurement or delivery method and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. §3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project,including the feasibility of incorporating environmentally responsible design approaches.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. §3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. §3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. §3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work.The Owner may obtain other environmentally responsible design services under Article 4. §3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. §3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. §3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,identify agreed upon Init. AIA Document B1132T"'—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAI Document,or any portion of it,may 7 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrlO LSF, LU I y CXHiDIL H - UOriffact incIUQiri I ruposai aria Kr r- adjustments to the Project's size,quality or budget,and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. §3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. §3.3 Design Development Phase Services §3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4,the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. §3.3.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. §3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. §3.4 Construction Documents Phase Services §3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. §3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. §3.4.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and the Construction Manager in the development and preparation of(1)bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor; and(3)the Conditions of the Contract for Construction(General, Supplementary and other Conditions);and(4)compile a project manual that includes the Conditions of the Contract for Construction and may include bidding requirements and sample forms. §3.4.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. §3.4.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. Init. AIA Document B132TM—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may 8 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June L4, Zv ly cXrIIDIL H - UU11LraCL inclualny r-FOPOSal arIC7 mr-t- §3.5 Bidding or Negotiation Phase Services §3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner and Construction Manager in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any; and(4)awarding and preparing contracts for construction. §3.5.2 Competitive Bidding §3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. §3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders,and .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda. §3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective bidders. §3.5.3 Negotiated Proposals §3.5.3.1 Proposal Documents shall consist of proposal requirements,and proposed Contract Documents. §3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors,and requesting their return upon completion of the negotiation process; .2 participating in selection interviews with prospective contractors;and .3 participating in negotiations with prospective contractors. §3.5.3.3 The Architect shall consider requests for substitutions,if the Proposal Documents permit substitutions,and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective contractors. §3.6 Construction Phase Services §3.6.1 General §3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232T"-2009,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition.If the Owner and Contractor modify AIA Document A232-2009,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. §3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager,or the Contractor or of any other persons or entities performing portions of the Work. §3.6.1.3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. AIA Document 13132TM —2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAO Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may g result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUIle LSF, LU I J CXf11U11 H - UOflllaUl. Ir1CIUQIr1Cy. I- ruposai aria mr-t- §3.6.2 Evaluations of the Work §3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general, if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner and the Construction Manager(1)known deviations from the Contract Documents and from the most recent construction schedule,and(2)defects and deficiencies observed in the Work. §3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable,the Architect,upon written authorization from the Owner and notification to the Construction Manager,shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. §3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of the Construction Manager,Owner,or Contractor through the Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. §3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A232-2009,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. §3.6.3 Certificates for Payment to Contractor §3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly.Within seven days after the Architect receives an application for payment forwarded from the Construction Manager,the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work,the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously reviewed and certified.The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project,the Architect shall review a Project Application and Project Certificate for Payment,with a Summary of Contractors' Applications for Payment,that the Construction Manager has previously prepared,reviewed and certified.The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. §3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner,based on(1)the Architect's evaluation of the Work as provided in Section 3.6.2,(2)the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment,and(3)the recommendation of the Construction Manager,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. AIA Document B1 321"—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAr Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may 10 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrle L1I1 LU I CXHIDIt N - l.Ulltrdct IrICIUUIri I-'rupusai driu mr-t— §3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. §3.6.4 Submittals §3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval.The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. §3.6.4.2 In accordance with the Architect-approved Project submittal schedule,and after the Construction Manager reviews,approves and transmits the submittals,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals. §3.6.4.4 After receipt of the Construction Manager's recommendations,and subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents.The Architect,in consultation with the Construction Manager,shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. §3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. §3.6.5 Changes in the Work §3.6.5.1 The Architect shall review and sign,or take other appropriate action,on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. §3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Docunients and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be affected by written order issued by the Architect through the Construction Manager. §3.6.5.3 The Architect shall maintain records relative to changes in the Work. Init. AIA Document B732TM—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAI Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may 11 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June L1+, Lu I y t:xriir)ll H - uoritracl Iricivamy t'roposal 'aria §3.6.6 Project Completion §3.6.6.1 The Architect,assisted by the Construction Manager,shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by the Construction Manager;receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor;and,after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager,issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. §3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or corrected. §3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect,and after certification by the Construction Manager and the Architect,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum,if any,for final completion or correction of the Work. §3.6.6.4 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES §4.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit) Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Prorided) identified below 4.1.1 Programming B202TM-2009 4.1.2 Multiple preliminary designs 4.1.3 Measured drawings 4.1.4 Existing facilities surveys 4.1.5 Site evaluation and planning(B203Tm-2007) 4.1.6 Building information modeling E202Tm-2008 4.1.7 Civil engineering 4.1.8 Landscape design 4.1.9 Architectural interior design(B252T"t-2007 4.1.10 Value analysis B204T"i-2007 4.1.11 Detailed cost estimating 4.1.12 On-site project representation B207TM-2008 4.1.13 Conformed construction documents 4.1.14 As-designed record drawings 4.1.15 As-constructed record drawings 4.1.16 Post occupancy evaluation 4.1.17 Facility support services B210Tm-2007 4.1.18 Tenant-related services 4.1.19 Coordination of Owner's consultants 4.1.20 Telecommunications/data design 4.1.21 Security evaluation and planning(B206TM-2007 AIA Document B1321m—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA6 Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA", Document,or any portion of it,may 12 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/2112019,and is not for resale. User Notes: (1180185401) JUflf; L1+, LU I CXlllUIt H - UU[MaGt If1GIUUIf1CY. I-'rupusal aiia r<rr 4.1.22 Commissioning 13211 TM-2007 4.1.23 Extensive environmentally responsible design 4.1.24 LEEDScertification B214TM-2012 4.1.25 Historic preservation B205T"t-2007 §4.1.26 Furniture,furnishings,and equipment design B253TM-2007 §4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility,if not further described in an exhibit attached to this document. §4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. §4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,or approvals given by the Owner,or a material change in the Project including,but not limited to, size,quality,complexity,building systems,the Owner's schedule or budget for Cost of the Work,constructability considerations,procurement or delivery method,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications,or other documents(as required pursuant to Section 6.7),when such revisions are required because the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes or equipment; .3 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material research,energy modeling,or LEED® certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes,laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner,Construction Manager or the Owner's other consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; .9 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .12 Assistance to the Initial Decision Maker,if other than the Architect. §4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; AIA Document B132Tm—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may 13 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUne L4, ZU i e rXIIIDIL H - UOrltraUL inciUainy rrepesai aria Kr- r-.2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders,and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner,Construction Manager or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(1)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial Completion,identified in Initial Information,whichever is earlier. §4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached,the Architect shall notify the Owner: .1 ( )reviews of each Shop Drawing, Product Data item,sample and similar submittals of the Contractor .2 ( )visits to the site by the Architect over the duration of the Project during construction .3 ( )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 ( )inspections for any portion of the Work to determine final completion §4.3.4 If the services covered by this Agreement have not been completed within ( )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES §5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria, including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. §5.2 The Owner shall retain a Construction Manager to provide services,duties and responsibilities as described in AIA Document C 132-2009, Standard Form of Agreement Between Owner and Construction Manager.The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager,and any further modifications to the agreement. §5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule.The Owner shall adjust the Project schedule,if necessary,as the Project proceeds. §5.4 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1,(2)the Owner's other costs,and(3)reasonable contingencies related to all of these costs.The Owner shall furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and the Construction Manager.The Owner and the Architect, in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. §5.4.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. AIA Document 13132" —2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAII Document,or any portion of it,may 14 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUfIE✓ L1+, LU I�J tXHIDIL N - uuntraci Ir1ciucli 1g t-rupusai ami mr-r §5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §5.6 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures; designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. §5.7 The Owner shall furnish services of geotechnical engineers,which may include but are not limited to test borings, test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. §5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. §5.9 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. §5.10 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. §5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. §5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor through the Construction Manager,and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents.Communications by and with the Architect's consultants shall be through the Architect. §5.13 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction. §5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK §6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's consultants during the Construction Phase only,including compensation for reimbursable expenses at the job site,if any.The Cost of the Work does not include the compensation of the Architect,the costs of the land, rights-of-way,financing,contingencies for changes in the Work or other costs that are the responsibility of the Owner. AIA Document B132'"—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAE Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may 15 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrlO L4, LU l y CXlllUIL M - uuturact Ir1GIUUlrI(y. F'rupusai arm Kr-t- §6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. §6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service, revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however,the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. §6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. §6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager,shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget,and the Owner shall cooperate with the Architect in making such adjustments. §6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager,revise the Project program, scope,or quality as required to reduce the Cost of the Work;or .3 implement any other mutually acceptable alternative. §6.6 If the Owner chooses to proceed under Section 6.5.2,the Architect,without additional compensation,shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. §6.7 After incorporation of modifications under Section 6.6,the Architect shall,as an Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES §7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project.If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. §7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. §7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the AIA Document B132T"—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA* Document,or any portion of it,may 16 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 12'04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUlle L4, Z_U I LXHIDII H - InGIUUIIty t-WpUSal arIU Mrr Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Construction Manager, Subcontractors, Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. §7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. §7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign,delegate, sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES §8.1 General §8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the method of dispute resolution selected in this Agreement within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. §8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager, contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. §8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. §8.1.4 The Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7. §8.2 Mediation §8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. §8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other AIA Document B132' —2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAI Document,or any portion of it,may 17 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrlc L4, LU I y CX111U1t H - l..Urllrcict Ir1civamty I-'ropusai drlU Mr-t- appropriate demand for binding dispute resolution but, in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. §8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.ff the Owner and Architect do not select a method of binding dispute resolution below,or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Specify) §8.3 Arbitration §8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by,mediation shall be subject to arbitration which shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement,unless the parties mutually agree otherwise.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration. §8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. §8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. §8.3.4 Consolidation or Joinder §8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common issues of law or fact,and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). §8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. AIA Document 13132T —2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is [nit. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAfi Document,or any portion of it,may 18 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) Jut1D LSF, ZU I D r-XHIDII H - uoritract Irlcluairly rropusal arlu mr-r §8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION §9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services,the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'written notice. §9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. §9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. §9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. §9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. §9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS §10.1 This Agreement shall be governed by the law of the place where the Project is located,except that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. §10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009,General Conditions of the Contract for Construction. §10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. §10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect AIA Document B1327"—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAI Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may 19 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June z,4, zu I �j cxmuit H - uciruract IrICIUU111y rrupasal anU mr-r for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. §10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. §10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. §10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION §11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: Part 1 Services to be billed hourly not to exceed$252,159 based on Section 5.4.3 Fee Table in Exhibit A Proposal dated 23 May 2019 prepared by 359 Design. §11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) §11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3,the Owner shall compensate the Architect as follows: Hourly rates for additional services to be based on Section 5.4.3 Hourly Rate Table in Exhibit A Proposal dated 23 May 2019 prepared by 359 Design. §11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent( %),or as otherwise stated below: §11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,the compensation for each phase of services shall be as follows: Schematic Design Phase percent ( %) Design Development Phase percent ( %) Construction Documents Phase percent ( %) Bidding or Negotiation Phase percent ( %) AIA Document B132r"'—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of It,may ZO result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June Lit, LV I�J CXII[DIl /A - uonlracl Irlcluuing F'ruposal arlU mr r Construction Phase percent ( %) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. §11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. §11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate($0.00) §11.8 Compensation for Reimbursable Expenses §11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services,dedicated data and communication services,teleconferences,Project Web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 Renderings,models,mock-ups,professional photography,and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11 Other similar Project-related expenditures. §11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus percent( %)of the expenses incurred. §11.9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5,or the Architect terminates this Agreement under Section 9.3,the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing,using and maintaining the Project as follows: §11.10 Payments to the Architect §11.10.1 An initial payment of ($ )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. AIA Document 8732' —2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is ]nit. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA& Document,or any portion of it,may 21 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrlO LIF, LU IU CXHIUIt /A - UUrltfaut inciumig r ruposai aria mr-r §11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid ( )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) §11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. §11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: §12.5 Tax-Exemption. All purchases of supplies,construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. §12.6 Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Architect shall be,and shall perform as,an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the Owner. No agent,employee,or servant of Architect shall be,or shall be deemed to be,the employee,agent or servant of the Owner. Owner 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 Owner to its employees including,but not limited to,workers'compensation insurance and unemployment insurance, are available from Owner 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 consultants during the performance of this contract. Architect shall indemnify Owner 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. §12.7 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: Owner: City Manager City of Aspen 130 South Galena Street Aspen,Colorado 81611 With a copy to: James R.True,Esq. City Attorney 130 South Galena Street Aspen,Colorado 81611 §12.8 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. Architect agrees to meet all of the requirements of Owner's municipal AIA Document B132""—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAx Document is (nit. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAA Document,or any portion of it,may 22 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June L4, Lu ie CxnlUit M - UUnlract incivain(g, rioposai aria mr- - code, Section 13-98,pertaining to non-discrimination in employment. §12.9 Waiver. The waiver by the Owner 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 Owner. Forbearance or indulgence by the Owner 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 Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. §12.10 Execution of Agreement by Owner. 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 Owner unless duly executed in accordance with the requirements of the Owner's municipal code by the Mayor of the City of Aspen,or a duly authorized official in his absence,following approval of City Council. §12.11 Illegal Aliens—CRS 8-17.5-101 &24-76.5-101 §12.11.1 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 Consultant 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. §12.11.2 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. .4"Services"means the furnishing of labor,time,or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. §12.11.3 By signing this document,Consultant certifies and represents that at this time: .1 Consultant 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 Consultant 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. §12.11.4 Consultant hereby confirms that: A Consultant shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. .2 Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under the Public AIA Document B1 32T"—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAI Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAI Document,or any portion of it,may 23 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) June L4, zu [y Cxrwit H - contract incivainy t-roposal ana Kir Contract for Services. .3 Consultant 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 Consultant 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. §12.11.5 If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien,Consultant shall: .1 Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with an illegal alien;and .2 Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the illegal alien;except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. §12.11.6 Consultant 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. §12.11.7 If Consultant 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, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102,C.R.S. §12.12 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. §12.13 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. §12.14 Indemnification Architect agrees to indemnify and hold harmless the City of Aspen, 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,to the extent and for an amount represented by the degree or percentage 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 wrongful act,omission, error,professional error,mistake, negligence,or other fault of the Architect,any subcontractor of the Architect,or any officer,employee,representative,or agent of the Architect or of any subcontractor of the Architect,or which arises out of any workmen's compensation claim of any employee of the Architect or of any employee of any subcontractor of the Architect. The Architect agrees to investigate,handle,respond to,and to provide defense for and defend against,any such liability,claims or demands at the sole expense of the Architect,or at the option of the City,agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with,any such liability,claims,or demands.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. §12.15 Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts,each of which shall be deemed an original,and all of which together shall constitute one agreement binding on the Parties,notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore,each Party consents to the use of electronic signatures by either Party. The Scope of Work, AIA Document B132Tm—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is [nit. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAI Document,or any portion of it,may 24 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA I software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) JUrle L4, LU ly LXrl1D1I H - l.UrltraCt Irimuirig r'roposai aria rcrr and any other documents requiring a signature hereunder,may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record,or a paper copy of an electronic documents,or a paper copy of a document bearing an electronic signature,on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. ARTICLE 13 SCOPE OF THE AGREEMENT §13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. §13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 132Tm-2009,Standard Form Agreement Between Owner and Architect,Construction Manager as Adviser Edition .2 AIA Document E20ITm-2007,Digital Data Protocol Exhibit,if completed,or the following: .3 AIA Document E202Tm-2008, Building Information Modeling Protocol Exhibit,if completed,or the following: .4 Other documents: Exhibit A Proposal dated 23 May 2019 Prepared by 359 Design Exhibit B Request for Proposals 2019-046 Outreach,Design,Engineering& Modular Facilitation for the Burlingame Ranch Phase 3 Affordable Housing Development dated April 19, 2019 This Agreement is entered into as of the day and year first written:ab�ovfl OWNER(Signature) ARtHlTffCT(Signature) Will Hentschel - 359 Design, its Manager (Printed name and title) / (Printed name and title) J AIA Document 13132-—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA'' Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAf Document,or any portion of it,may 25 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA I software at 12:04:58 ET on 06/13/2019 under Order No.2783005221 which expires on 08/21/2019,and is not for resale. User Notes: (1180185401) ILI-- gi6ft �v ,I CXIIIUIr H - uornram incivaing rroposai aria r•cr-r 2019-046 Burlingame Ranch Phase 3 Affordable Housing - Architect/Design Services PREPARED FOR PREPARED BY BURLINGAME RANCH PHASE 3 ASPFF i r'r` REQUEST FOR PROPOSAL 11 23 may 2019 JUfI@ L4, LU I�j tXriiuit N - uoiitrdCL Ir1CIUC]Ifl(g. I-'rupusaI aria mrr m Ln Kl ' e _ rn c c 0 w v, 1O min $ J_ LU z QI C •6 W t L S 0 0 d o U LL Z 0 O f0 d v- CN R R ¢ Q m V L 0 C .� .� LL > •1YR+ L O 7 7 O0 R L . . . • X X U i-- cn m a W W wo 0 0 0 o Q m m o 0 0 0 0 =_ a X X < W w ►� .. e ■ rI Val _ _ _ • i r ■R T 1 . Q F- CO W - u JUfle L4, LU ly CXrIIDIL H - uontract I(1CIUairig t-roposai aria Krr M O C CT)- 0O - � � . U ujO U) z w F Z LLJ PRIM 21 1 � ;f _ li: June L4, zu i a r-miam H - uontraci incivainy rrupusai aria mr-r y c n ,n w w C w c ' 0 m c o 8.- - « o w o a p L m �. 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KK■! ■ e &£ f! � Z D 0 ƒ \ CO % # < » Q ) C- I & \C) 7 I J < = Z _ o , < } � l� : , .! !!- ■, ��s ,�_ ! ` / /�t�.f •\ �|\/! |I/ \!/!!!\/� � ` !� • , ■ ! �� ,� � �.1, < � 1� � }�§!! • ; -!�|;°|�`!/°§�||! ! ! ! ! | ,;� ; �= !l=�tl.� b ;!ll !!!■ !§ co� _ » LU i / juff!kH%fff zi cxnwit H - uoritract inciuUiny rraposai aria mr-r- 8 *A id r REQUEST FOR PROPOSALS )F ASPEN Outreach, Design, Engineering & Modular Facilitation for the Burlingame Ranch Phase 3 Affordable Housing Development 2019-046 CITY OF ASPEN, COLORADO r■ - ' 1 City of Aspen 130 South Galena Street Aspen, CO 81611 (970)920-5000 www.cityofaspen.com uuff!k `1 &ip r-mmit H - uornraci Incluaing r-ropasal aria r<rr .i,I►►E (_4 ASPEN REQUEST FOR PROPOSALS Sealed proposals will be received at the City of Aspen Purchasing office at 2:OOP.M., MAY 23, 2019, at which time the proposals will be opened and reviewed for the following City of Aspen project: 2019-046 OUTREACH,DESIGN, ENGINEERING&MODULAR FACILITATION FOR THE BURLINGAME RANCH PHASE 3 AFFORDABLE HOUSING DEVELOPMENT The City of Aspen is in the process of developing a large-scale affordable housing subdivision at Burlingame Ranch in Aspen, Colorado. Two phases of this subdivision have previously been completed. This Request for Proposals (RFP)seeks proposals for A/E design team services including outreach, design, engineering& modular facilitation. The project includes but is not limited to development of 79 affordable condominiums in 8 new buildings along with necessary grading, excavation, foundations, utility service lines, curb/gutter, permeable paver areas, stormwater facilities, roadways, parking areas, retaining walls, carport structures, landscape and irrigation systems necessary for integrated completion of the planned residential community at Burlingame Ranch. Complete proposal packages are available to download from www.bidnetdirect.com.Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering. Upon completing registration, click on "Start Looking for Solicitations" and select the purchasing group "Rocky Mountain E-Purchasing System".Then click on City of Aspen to see City of Aspen bid opportunities. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest.The City further reserves the right,in the best interests of the City,to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S.Section 24-72-200.1 (CORA),any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. The Proposal must be placed in an envelope securely sealed therein and labeled: "Proposal for 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR THE BURLINGAME RANCH PHASE 3 AFFORDABLE HOUSING DEVELOPMENT".The City cannot accept late, faxed, or emailed proposals. Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price,the evaluation criteria set forth in the RFP shall be considered in judging which Proposal is in the best interests of the City. BY ORDER OF THE CITY OF ASPEN, COLORADO Rebecca Hodgson 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19,2019 Page 1 JU ffS�ft fU6y CxnlDIt H - uuntracl Incluaing F'rDpDsal aria Kr-t' i TABLE OF. f 1.0 Introduction.............................................................................................................................................3 1.1 Invitation to Proposers...............................................................................................................3 2.0 Project Description..................................................................................................................................3 2.1 Project Summary........................................................................................................................3 2.2 Project Information....................................................................................................................4 2.3 Multifamily Buildings and Condominium Units..........................................................................5 2.4 Additional Infrastructure..........................................................................................................10 2.5 Amendments............................................................................................................................12 3.0 A/E Design Team Scope of Services.......................................................................................................12 3.1 Team Structure.........................................................................................................................12 3.2 Initial Contract and Add Services..............................................................................................12 3.3 Part 1: Community Outreach, City Council Presentation and Direction..................................13 3.4 Part 2: Detailed Design, Engineering, Document Production, Modular Facilitation and Permitting..........................................................................................................................14 3.5 Part 3: Construction Administration, Project closeout and Warranty.....................................16 3.6 Project Schedule.......................................................................................................................17 4.0 RFP Process............................................................................................................................................17 4.1 Registration ..............................................................................................................................18 4.2 RFP Schedule............................................................................................................................18 4.3 Questions..................................................................................................................................18 4.4 Proposal Submission and Format.............................................................................................18 4.5 Evaluation Criteria....................................................................................................................19 5.0 Required Proposal Elements .................................................................................................................19 5.1 Lead Firm and Team Qualifications..........................................................................................19 5.2 Relevant Project Experience.....................................................................................................20 5.3 Additional Expertise Sought.....................................................................................................20 5.4 Fee Worksheet, Schedule, Contract, Insurance .......................................................................21 6.0 Additional Requirements.......................................................................................................................21 6.1 Contract....................................................................................................................................21 6.2 Insurance..................................................................................................................................22 6.3 Interests of the City of Aspen...................................................................................................22 6.4 Confidentiality..........................................................................................................................23 7.0 List of Attachments................................................................................................................................23 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 2 uuff5,ftffp cxnlolt H - uaritract Incluaing rrupusal ana mr-r i ASPEN 1.0 INTRODUCTION A thriving workforce who live in the community where they work is a fundamental cornerstone of the year-round Aspen-area community. But the gap between free market home prices and rents in the Aspen area as compared to what local workers can afford to pay still precludes many local workers from living in the same community where they work. Planning for new development of affordable workforce housing is necessary to not only stem the loss of workforce housing in the free market, but also to offset the effects of job growth and retirement. The City of Aspen is committed to supporting affordable workforce housing because it supports a stable local community that is invested in the present and the future.Opportunities for people to live in the community where they work foster improved year-round vitality in Aspen's neighborhoods, a more resilient local economy, reduced transportation impacts, increased citizen participation in civic affairs, non-profit activities and recreation programs. In turn, this adds value to Aspen's tourism-based economy in the form of an overall improved visitor experience—enhanced by an appreciation of Aspen's genuine, year-round, lights-on community and diverse mix of people—which keeps visitors coming back to the Aspen area year after year. 1.1 INVITATION TO PROPOSERS The purpose of this Request for Proposals(RFP) document is to solicit outreach, design, engineering and modular facilitation services proposals from qualified A/E design firms or teams for Phase 3 of the Burlingame Ranch affordable housing development in Aspen, CO. To allow the City of Aspen (Owner)to fully understand your firm or team's qualifications, experience, capabilities and approach to the project, please prepare and submit a detailed proposal based on the requirements set forth in this RFP. 2.0 PROJECT DESCRIPTION 2.1 PROJECT SUMMARY The City of Aspen is in the process of developing a large-scale affordable housing subdivision at Burlingame Ranch in Aspen, Colorado. Previously, two phases of this subdivision have been completed. The City of Aspen received land use approval in 2011 for development of 79 affordable condominiums in 8 multifamily buildings for Phase 3 of development at Burlingame Ranch. In addition to multifamily dwelling facilities, the project also includes all necessary grading, excavation, foundations, utility service lines, curb/gutter, permeable paver areas, stormwater facilities, roadways, parking areas, retaining walls,carport structures, landscape and irrigation systems necessary for integrated completion of the planned residential community at Burlingame Ranch. This Request for Proposals(RFP) seeks proposals for comprehensive A/E design team services including outreach, design, engineering & modular facilitation. The design services contract is expected to be broken into three separate phases of work; Part 1: Community outreach, City Council presentation and direction; Part 2: Detailed design, engineering, document production, modular facilitation and permitting; and Part 3: Construction administration, project closeout and warranty. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 3 iu[N6%ff6y cxmuit m - uoritract Incluaing rroposal aria mrr fig I' I I 1 !FASPEN 2.2 PROJECT INFORMATION Due to the existing project approvals in place,all designs must conform to the planned development(PD)plan set which has previously been recorded with the Pitkin County Clerk and Recorder.All designs must also comply with applicable codes and with the 2011 development approval ordinance as well as the recorded development agreement.These documents are available in the List of Attachments. Development approval for the next phase of the Burlingame Ranch affordable housing development was executed by Aspen City Council on July 25, 2011 in Ordinance 22 of 2011(the Ordinance)and includes 10-year vested rights. The approvals in place allow for a current build-out of an additional 79 condominiums in 8 buildings along with associated infrastructure. The development agreement (or "Development Commitment" as it is entitled) was recorded with the Pitkin County Clerk and Recorder on April 9, 2013 under reception #598455 and sets forth the City's responsibilities as developer in greater detail than described in the Ordinance. The subdivision plans or Planned Development plan set (PD plans) was filed with the Pitkin County Clerk and Recorder on April 9, 2013 under reception# 598457. In the PD plans,the architectural character of the buildings remains consistent with the previous phase, and the unit sizes, unit configurations and quantities are also set forth.The phasing plan in the recorded PD plan set calls the remaining area of the site"Phase II B",although it can be referred to as "Burlingame 3" or"Phase 3" for simplicity. Burlingame Ranch is located approximately 2.5 miles northwest of downtown Aspen and can be accessed from CO State Highway 82 by turning West onto Harmony Road and following Harmony Road for approximately 1/2 mile to Burlingame Ranch. Previously,two phases of this subdivision have been completed and are 100%occupied with full-time residents with many families and children in the neighborhood. Burlingame Ranch { Harmony Road ►. t' North 1 ,, CO SH-82 . ,ti. tet`'�`,' �•� ` �, ," � r . . •" :. a sI f a t Downtown Aspen 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 4 uufffk6tffp r-mmiL H - t,cantract Inclucaing rrcapusal ansa mr-r 2.3 MULTIFAMILY BUILDINGS AND CONDOMINIUM UNITS The upcoming phase of development(Phase 213,A.K.A. Phase 3)consists of 79 condominiums in 8 buildings. Since buildings 1-7 were part of the prior phase of development and are now existing on site, the Phase 3 buildings to be developed include building numbers 8 through 15. Burlingame Ranch .� fir. co `'r , J ct•. '. 4t ] W�11 t J 4' 1. •� �llj 1 - � l I.• f.� � 1..._ Jnr f. ,. . �� ^pr:• Five of the eight Phase 3 buildings are 3-levels and made up of two adjoi ni ng'pods',which are essentially separate buildings joined by a central staircase with an integrated roof structure (buildings 8, 9, 12, 13, 14). .i Building 12 will be significantly like existing 333/335 Paepcke Drive shown above. Buildings 8, 9, 12, 13 & 14 have 3 levels, but only 2 levels are visible from the uphill (west) side as shown above. The red arrow indicates the location of the central staircase between the two pods which leads down to the lower level (east) of the building. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19,2019 Page 5 iu��kHtffp cxnluit H - contract Inclualng r-roposai ano r�rr I ASPEN Three levels are visible from the downhill (east) side of Buildings 8, 9, 12, 13 & 14 as shown below. The units on the lower level have a window well in the kitchen,facing west, where the unit is below grade. r x� r Three of the eight remaining buildings will be two-story buildings which are not made up of adjoining pods (Buildings 10, 11, 15). This style of building did not exist in the previous phase and are designed for less-sloping, infill areas (rendering of west side shown below). t 10 • > 7 2019-046 OUTREACH, DESIGN, ENGINEERING&MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 6 JUCJtftff�y tXnlDll N - uuntraut irlcivainy F-rupasai aria mr-rr �d� i A.SPFN The Phase 3 program consists of an approved maximum floor area of 85,790 square feet with a total of 84,160 square feet of net livable area in the 79 condominium units. The condominium units are a mix of flats and multi- level townhomes with (25) 1-bedroom units, (17) 2-bedroom units and (37) 3-bedroom units. Three of the four flats in Phase 3 are shown below. See the PD plan set for additional information. UNIT F'LANS 9 n 0 . .I r MOW" 't 1 ma Ill• , 0 1,31 L , !1 f•F:..0'i i.I It'll 11 lit'. Vi )lh'.:'.I1 µ1.;;6iT I:1, 'I I I':A!1 'I•k; - 1•.RV:1VA Ull i (1 1.264 1,iU'i)lt l Below is a table with program information for each unit and each building, including net livable area for all units and maximum allowable floor area for each building: Unit Building Zoning Phase 3 Unit Address Bed- Bath- Level Config. Net Income Net Floor Building rooms rooms Area Category Area Area Maximum 8A 223 Paepcke 3 1.75 Lower Flat 1260 4 Drive 101 8A 223 Paepcke 2 1.75 Lower Flat 1000 3 Drive 102 8A 223 Paepcke 3 1.75 Middle Flat 1270 4 Drive 201 8A 223 Paepcke 2 1.75 Middle Flat 1030 3 Drive 202 8A 223 Paepcke 1 1 Upper Flat 720 3 Drive 301 8A 223 Paepcke 2 1.75 Upper Flat 1030 2 Drive 302 8B 225 Paepcke 1 1 Lower Flat 690 4 Drive 101 8B 225 Paepcke 1 1 Middle Flat 690 3 Drive 201 8B 225 Paepcke 3 2.5 Multi- TH 1370 4 Drive 202 Level 8B 225 Paepcke 3 2.5 Multi- TH 1370 3 Drive 203 Level 8B 225 Paepcke 3 2.5 Multi- TH 1400 4 Building Building 8 Drive 204 Level 8 Total Total 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 7 JUff!kftff ZJ cxnIDII H - U01`11.rauL Incivalny rrapasal aria mr-r �d i 8B 225 Paepcke 1 1 Upper Flat 720 3 12550 12130 Drive 301 9A 173 Paepcke 3 1.75 Lower Flat 1260 4 Drive 101 9A 173 Paepcke 2 1.75 Lower Flat 1000 2 Drive 102 9A 173 Paepcke 3 1.75 Middle Flat 1270 4 Drive 201 9A 173 Paepcke 2 1.75 Middle Flat 1030 2 Drive 202 9A 173 Paepcke 1 1 Upper Flat 720 3 Drive 301 9A 173 Paepcke 2 1.75 Upper Flat 1030 4 Drive 302 9B 175 Paepcke 1 1 Lower Flat 690 2 Drive 101 9B 175 Paepcke 1 1 Middle Flat 690 2 Drive 201 9B 175 Paepcke 3 2.5 Multi- TH 1370 4 Drive 202 Level 9B 175 Paepcke 3 2.5 Multi- TH 1370 3 Drive 203 Level 9B 175 Paepcke 3 2.5 Multi- TH 1400 3 Building Building Drive 204 Level 9 Total 9 Total 9B 175 Paepcke 1 1 Upper Flat 720 2 12550 12130 Drive 301 10E 155 Paepcke 3 1.75 Lower Flat (Alt) 1300 4 Drive 101 10E 155 Paepcke 1 1 Lower Flat 720 4 Drive 102 10E 155 Paepcke 3 1.75 Lower Flat(Alt) 1270 3 Drive 103 10E 155 Paepcke 3 1.75 Upper Flat (Alt) 1300 3 Drive 201 10E 155 Paepcke 1 1 Upper Flat 720 3 Building Building Drive 202 10 Total 10 Total 10E 155 Paepcke 3 1.75 Upper Flat(Alt) 1300 2 6610 7650 Drive 203 11E 0045 Mining 3 1.75 Lower Flat (Alt) 1300 2 Stock Pkwy 101 11E 0045 Mining 1 1 Lower Flat 720 2 Stock Pkwy 102 11E 0045 Mining 3 1.75 Lower Flat(Alt) 1300 3 Stock Pkwy 103 11E 0045 Mining 3 1.75 Upper Flat (Alt) 1300 3 Stock Pkwy 201 11E 0045 Mining 1 1 Upper Flat 720 3 Building Building Stock Pkwy 202 11 Total 11 Total 2019-046 OUTREACH, DESIGN, ENGINEERING& MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19,2019 Page 8 jufffk Itffp CxnloiL H - uoriLraci incivamy r-raposai aria rcrr 1d 0% 4111 I 4'ASPEN 11E 0045 Mining 3 1.75 Upper Flat (Alt) 1300 4 6640 7650 Stock Pkwy 203 12C 115 Paepcke 2 1.75 Lower Flat 1000 2 Drive 101 12C 115 Paepcke 3 1.75 Lower Flat 1260 3 Drive 102 12C 115 Paepcke 2 1.75 Middle Flat 1030 3 Drive 201 12C 115 Paepcke 3 1.75 Middle Flat 1280 4 Drive 202 12C 115 Paepcke 2 1.5 Multi- TH 1050 4 Drive 203 Level 12C 115 Paepcke 2 1.5 Multi- TH 1050 2 Drive 204 Level 12C 115 Paepcke 1 1 Upper Flat 730 2 Drive 301 12C 115 Paepcke 3 1.75 Upper Flat 1300 3 Drive 302 12D 113 Paepcke 1 1 Lower Flat 690 4 Drive 101 12D 113 Paepcke 3 1.75 Lower Flat 1260 2 Drive 102 12D 113 Paepcke 1 1 Middle Flat 670 2 Drive 201 12D 113 Paepcke 3 1.75 Middle Flat 1300 3 Drive 202 113 Paepcke Multi- 12D Drive 203 2 1.5 Level TH 1050 2 12D 113 Paepcke 1 1 Upper Flat 720 3 Building Building Drive 301 12 Total 12 Total 12D 113 Paepcke 2 1.75 Upper Flat 1030 3 15420 15670 Drive 302 13A 63 Paepcke Drive 3 1.75 Lower Flat 1260 3 13A 63 Paepcke Drive 2 1.75 Lower Flat 1000 3 10 13A 63 Paepcke Drive 3 1.75 Middle Flat 1270 2 13A 63 Pae2 ke Drive 2 1.75 Middle Flat 1030 2 13A 63 Paepcke Drive 1 1 Upper Flat 720 3 13A 63 Paepcke Drive 2 1.75 Upper Flat 1030 3 13B 65 Paepcke Drive 1 1 Lower Flat 690 3 101 13B 65 Paepcke Drive 1 1 Middle Flat 690 2 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19,2019 Page 9 JU ff!k ft ff�y Cxr]IDll H - uoritraut Incluaing rroposal aria Krr _)F ASPEN 13B 65 Paepcke Drive 3 2.5 Multi- TH 1370 2 202 Level 13B 65 Paepcke Drive 3 2.5 Multi- TH 1370 2 203 Level 13B 65 Paepcke Drive 3 2.5 Multi- TH 1400 2 Building Building 204 Level 13 Total 13 Total 13B 65 Paepcke Drive 1 1 Upper Flat 720 2 12550 12130 14B 40 Paepcke Drive 1 1 Lower Flat 690 3 101 14B 40 Paepcke Drive 3 2.5 Multi- TH 1370 2 102 Level 14B 40 Paepcke Drive 3 2.5 Multi- TH 1370 4 103 Level 14B 40 Paepcke Drive 3 2.5 Multi- TH 1400 3 104 Leve I 14B 40 Paepcke Drive 1 1 Middle Flat 690 2 14B 40 Paepcke 1e Drive 1 1 Upper Flat 720 2 14F 50 Paepcke Drive 3 2.5 Multi- TH 1420 3 101 Level 14F 50 Paepcke Drive 3 2.s Multi- TH 1380 4 102 Level 14F 50 Paepcke Drive 2 1.5 Multi- TH 1070 2 Building Building 103 Level 14 Total 14 Total 14F 50 Paepcke Drive 2 1.5 Multi- TH 1090 3 11200 10,780 104 Level 15E 0033 Mining 3 1.75 Lower Flat(Alt) 1300 3 Stock Pkwy 101 15E 0033 Mining 1 1 Lower Flat 720 2 Stock Pkwy 102 15E 0033 Mining 3 1.75 Lower Flat (Alt) 1300 3 Stock Pkwy 103 15E 0033 Mining 3 1.75 Upper Flat (Alt) 1300 3 Stock Pkwy 201 15E 0033 Mining 1 1 Upper Flat 720 3 Building Building Stock Pkwy 202 15 Total 15 Total 15E 0033 Mining 3 1.75 Upper Flat (Alt) 1300 4 6640 7650 Stock Pkwy 203 2.4 ADDITIONAL INFRASTRUCTURE 2.4.1 Parking: Phase 3 also includes (10) carport structures which allow each condo unit to have one assigned carport parking space. Within the carport structures, there are (86) parking-space-sized bays, which are utilized as follows: (79)carport parking spaces with integral locking storage closet, (4)trash sheds,(2)transit stations with 2019-046 OUTREACH, DESIGN, ENGINEERING& MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 10 JUff�Cftff��J cxnlDiL H - uoritract muucamy rropusal arta mrr f ASPEN mail facilities, and (1) maintenance storage shed.The trash,transit and storage conditions are exiting at the prior phase and can also be seen in the PD plan set. In addition to the carports,there are many surface parking spaces.The master plan in the PD plan set shows (66) remaining spaces to be developed,with (11)spaces in parking lots, (17)spaces perpendicular to the roadway, and (38) parallel parking spaces in the ROW which are paved with permeable pavers.The ordinance defines the total quantity of parking required for the subdivision, which includes the prior phases, but it appears there may be a potential discrepancy of one parking space between the PD master plan and the ordinance. Thus the ordinance needs to be verified versus the PD master plan, and a zoning compliance analysis needs to be performed and vetted with the zoning compliance officer. 2.4.2 Earth Retention:To the west of the development is Deer Hill which has a conservation easement in place. Some of the carport structures are located at the base of Deer Hill and are used for earth retention along with numerous benched boulder walls in between the carport structures. The total length of retaining required is approximately 1,000 feet and varies in height across the base of the hill. There is also a trail bench above the retaining structures which must be planned. It is important that the language about the boundary of the conservation easement be researched for planning the retaining walls and the trail along the base of the hill. 2.4.3 Roadway, Curb/Gutter: In its present condition, Paepcke Drive ends at a cul de sac located between Phase 2 building 7 and Phase 3 building 8. For Phase 3, Paepcke Drive must be continued south from that point along the existing dirt road base and tied into the intersection with Harmony Road, Forge Road and Mining Stock Parkway. The length of the road extension is approximately 1,100 feet. The roadway is 20' wide with varying conditions at each edge, such as permeable pavers in locations where there is parallel parking and concrete v-pan in locations where carport structures exist. At the transit stop locations, the roadway requires a concrete transit pad. 2.4.4 Stormwater Facilities:There is a master drainage study for the subdivision,and the stormwater facilities for the subdivision are shown in the PD Plans. The storm sewer mains for Phase 3 must be verified for compliance with all current state and local requirements, particularly the City of Aspen Urban Runoff Management Plan. 2.4.5 Utilities: Most of the Phase 3 electric,water and sewer mains are already in place under the road base which was installed for the continued Paepcke Drive loop.This was done as part of the access and infrastructure project which preceded the development of the prior Phase 2 buildings and was deemed necessary since there were above-ground, high-voltage Holy Cross transmission lines which had to be placed underground at the time. The as-built conditions of the utility mains need to be verified, and the remainder of any mains and service lines must be planned per the PD plan set. 2.4.6 Landscape and Irrigation: The PD plans also detail the remaining landscape which is integrated with the prior phases and includes numerous open lawn areas, hundreds of trees and shrubs, and walkway connections to create a homogeneous walkable community. Those internal walkway connections are also integrated into the larger trail connection plan. The irrigation system is also shown in the PD plans and needs to be integrated with the system in the prior phase as well. Special care will be needed to integrate a raw water irrigation source in a manner compliant with the ordinance and the development agreement. 2019-046 OUTREACH, DESIGN, ENGINEERING& MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19,2019 Page 11 �u �fCl B�iu�y cxriwit H - uuntract Incluaing rroposal aria mrr (a h,w I i f ASPEN 2.5 AMENDMENTS Per the ordinance,changes which represent a material change to the uses,intensity,character,or nature of the development shall be reviewed for approval by City Council at a public hearing. One primary project goal is to successfully fulfill the project requirements without additional public hearings for any such material changes. 3.0 A/E DESIGN TEAM SCOPE OF Community outreach and PR services are sought for education of the public on the previously-approved elements of the project and to receive feedback from stakeholders on potential incremental design modifications which could be made to improve upon the previous phase of the development. The design services sought also include "modularization" of the building designs from the PD plans and facilitation of the modular construction process. Design services scope is also required for the civil and utilities engineering needed to complete the grading, excavation,foundations, utility service lines,curb/gutter, permeable paver areas,stormwater facilities,roadways, parking areas, retaining walls, carport structures, landscape and irrigation systems. The City of Aspen (Owner) will pursue a collaborative project development team. All project participants are expected to embrace basic teamwork principles such as mutual respect and trust, transparency, collaborative problem-solving, open communication and professionalism at all times. 3.1 TEAM STRUCTURE The Owner's collaborative project development team is planned to consist of: • City of Aspen staff • Design team including architect, civil, structural, MEP, landscape architect and PR • Program Manager/Owner's Agent* • Preconstruction Estimator and/or Contractor at Risk* • Commissioning Agent* • Additional entities as needed** *These professionals will be brought on at the appropriate time—potentially after the community outreach effort. ** To facilitate modular development, the City may also engage a modular consultant and/or a modular/prefab factory. 3.2 INITIAL CONTRACT AND ADD SERVICES The design team contract for outreach,design,engineering,and modular facilitation is expected to be broken into three separate phases of work: Part 1: Community outreach, City Council presentation and direction Part 2: Detailed design, engineering, document production, modular facilitation and permitting Part 3: Construction administration, project closeout and warranty 2019-046 OUTREACH, DESIGN, ENGINEERING& MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 12 iuffi 6ff1v j r-moit H - uontract Incluaing rroposal aria r<rr VA 111;f I ASPEN The initial contract award will consist only of Part 1. When approved, Part 2 of the contract will be added upon completion of Part 1. When approved, Part 3 will be added upon completion of Part 2. 3.3 PART 1: COMMUNITY OUTREACH, CITY COUNCIL PRESENTATION AND DIRECTION Services expected include items identified in the attached contract as well as, but not necessarily limited to, the following: 3.3.1 Establish weekly team meetings with Owner and team to plan activities and work toward completion of activities based on the contract. 3.3.2 Research and understand details of the existing approvals in Ordinance, Development Agreement, PD Plans and other pertinent documents. 3.3.3 Research and understand what worked and what could be done better related to the prior phase of development at Burlingame Ranch. 3.3.4 Study the PD plans and as-built plans from the prior phase and research/formulate a preliminary `modularized' approach to the next phase of buildings. 3.3.5 Study the PD plans and as-built plans from the prior phase and research/formulate a preliminary approach to the design of the civil infrastructure and utilities. 3.3.6 Research and identify stakeholders such as neighbors, citizens-at-large, homeowners' associations, community groups, regulatory departments and bodies as well as additional possible interested parties. 3.3.7 Schedule and plan approximately four(4)community outreach events to be held July through September, and reach out to stakeholders to create interest and excitement about such events to generate participation. Coordinate as needed since City of Aspen may choose to utilize community outreach events to co-host outreach for additional projects utilizing other resources. 3.3.8 Interface with City of Aspen Communications Director to find opportunities to integrate and multiply communications regarding community outreach events and online feedback mechanism. 3.3.9 Present the project as currently approved and recorded to stakeholders at community outreach events, engage with those in attendance, and collect written feedback regarding numerous themes and topics from stakeholders during such events. 3.3.10 Present the project as currently approved and recorded to stakeholders using a public-facing website and include the ability for stakeholders to provide written feedback regarding numerous themes and topics via email or equivalent means. 3.3.11 Based on research and community feedback, formulate and present any incremental design improvements(not significant design changes)from prior phase which may advance the qualities of being highly livable, reasonably maintainable, sustainable, durable and cost efficient. 2019-046 OUTREACH, DESIGN, ENGINEERING& MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 13 JU ff!k6%(1u y CXriiuit H - uaruract Iricivaing rroposai aria Krr R ASPEN 3.3.12 Based on research and community feedback,formulate and present construction approach topics—such as modular construction and construction phasing—which would be most beneficial given the challenges of developing in the local environment. 3.3.13 Verify modular building approach by researching and engaging with a short list of potentially preferred factories or other third-party modular facilitation consultants who can perform such verification. 3.3.14 Categorize, catalogue,and distill public feedback and additional research into meaningful presentation of recommendations to Aspen City Council. 3.3.15 Solicit and receive direction from City Council on any proposed incremental design modifications upon heading into the document production, permitting,and construction effort. 3.3.16 Solicit and receive direction from City Council on construction phasing, modular building approach and any other challenges upon heading into the document production, permitting, and construction effort. 3.4 PART 2: DETAILED DESIGN, ENGINEERING, DOCUMENT PRODUCTION, MODULAR FACILITATION AND PERMITTING Services expected include items identified in the attached contract as well as, but not necessarily limited to, the following: 3.4.1 Continue weekly team meetings with Owner and team to plan activities and work toward completion of activities based on the contract. 3.4.2 Upon receipt of go-ahead from City Council, production of all documents needed for building permit application, building permit processing and contract documents including project specification. 3.4.3 Coordinate and integrate input from project stakeholders and ensure compliance with project requirements. 3.4.4 Work with preconstruction estimator throughout the design process to keep Owner updated in an iterative manner. 3.4.5 Work with City of Aspen regulatory departments such as Community Development, Engineering, Zoning, Parks, Utilities to verify that all facilities are designed in compliance with the Ordinance, Development Agreement, PD Plans, all pertinent codes and current standards. 3.4.6 Make incremental improvements (not significant design changes) from prior phases of development which advance the qualities of being highly livable,reasonably maintainable,sustainable,durable and cost efficient. 3.4.7 Integration of design input from PD plan set, stakeholders, City Council and all team members. 3.4.8 Research and establish regulatory requirements for the building (egress,fire, life safety). 3.4.9 Research existing surveys and work with Owner to procure updates as required for design and permitting. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 14 JUCJt� �y r_xmult m - t_.,u ltra(;i im;ivaing r-rupusai aria Kr-I- f � 0 ASPEN 3.4.10 Research existing geotechnical reports and work with Owner to procure updates as required for design and permitting. 3.4.11 Research existing drainage studies and verify drainage submittal requirements with City Engineering Dept. 3.4.12 Research and establish sustainability targets and proposed systems. 3.4.13 Selecting major building systems and setting performance requirements. 3.4.14 Outline or Performance Specification for civil /infrastructure (with the aim of a full spec soon). 3.4.15 Outline or Performance Specification for modular(including height requirements). 3.4.16 Develop a package consisting of 'modularized' building designs and performance spec, and shop the package among short list of factories (with or without third party modular consultant). 3.4.17 Research and establish requirements, process, protocols with local and state building officials regarding the modular permitting process. 3.4.18 Production of plans for permit application for grading, foundations, utility service lines, curb/gutter, permeable paver areas,stormwater facilities, roadways, parking areas, retaining walls,carport structures, landscape and irrigation systems. 3.4.19 Work with Owner to evaluate, negotiate, select and hire modular fabricator based on numerous factors including capabilities, quality, price, delivery and more (potential factory tours). 3.4.20 Work with factory engineers to implement all building dimensions, building systems, interiors, delivery sequence, assembly requirements, etc. 3.4.21 Work with factory engineers to establish demarcation of off-site built elements and on-site built elements such as roofs, balconies, porches, etc. 3.4.22 Production of plans for permit application for foundations and on-site built elements. 3.4.23 Prepare for modular permitting process, work with factory and produce necessary documents. 3.4.24 Provide descriptive information for fabrication and construction of architecturally related scope. 3.4.25 Finalize specifications and additional construction contract documents including schedule. 3.4.26 Review factory modular shop drawings (iterative as needed) and verify compliance with the existing approvals in Ordinance, Development Agreement, PD Plans, codes, standards and other pertinent requirements. 3.4.27 Prepare all necessary building permit application documents, checklists, analyses, reports, etc. 3.4.28 Perform building permit pre-submittal coordination. 3.4.29 Submit building permit application(s) including follow-up submittals as needed. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19,2019 Page 15 .Junft ff p r-mult H - contract Inclualng rroposal ana mr-r 4F ASPEN 3.4.30 Facilitate the building permit application through the process, both local and state and with regular checking up and updates to Owner. 3.4.31 Coordinate receipt of regulatory comments to the application, research and re-submittal of responses to regulatory comments as needed. 3.4.32 Respond to additional inquiries related to the building permit application process and facilitate permit issuance, both local and state for modular. 3.5 PART 3: CONSTRUCTION ADMINISTRATION, PROJECT CLOSEOUT AND WARRANTY Services expected include items identified in the attached contract as well as, but not necessarily limited to, the following: 3.5.1 Participate in Owner/Architect/Contractor weekly team meetings to plan activities and work toward completion of activities based on the contract. 3.5.2 Overall responsibility for Construction Contract Administration from a design perspective. 3.5.3 Work with on-site constructor and modular fabricator for pre-construction planning. 3.5.4 Work with on-site constructor and modular fabricator on any value engineering substitutions. 3.5.5 Work with on-site constructor and modular fabricator to establish submittal schedule. 3.5.6 Review and process submittals, coordinate submittal responses from all design consultants . 3.5.7 Review and respond to RFI's, coordinate RFI responses from all design consultants. 3.5.8 Review constructor pay applications,factory invoicing. 3.5.9 Work with builder, coordinate any design modifications due to unforeseen field conditions. 3.5.10 Issue design change documents to respond to field conditions, RFIs, other changes. 3.5.11 Review change requests to confirm entitlement. 3.5.12 Work with constructor and Owner's quality assurance consultant to ensure the construction is in conformance with construction documents and design intent. 3.5.13 Issue substantial and final completions documents. 3.5.14 Post-completion warranty involvement may include 1-year walkthrough and additional work related to any significant warranty issues which may arise. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 16 JU ff!k6%ff ZJ tXnlUlt /A - uuntract Incluain(g, rrupusai aria mr-r t ASPEN 3.6 PROJECT SCHEDULE The schedule below is subject to change and should be utilized or modified in the proposal as part of the response to section 5.4.2 wherein the Proposer is required to provide a schedule. The intent of the dates shown below is to get through outreach, design and construction as quickly as reasonably possible without causing a cost premium for rushing or expediting the project, and given the scale of the project as well as the public and regulatory processes involved in the different parts of the engagement. Community outreach events and online efforts require sufficient time for planning and advertising in order to be most effective. Community outreach events and online efforts may be best spread over a 3-to 4-month period in order to achieve sufficient participation and uptake in the community for a successful public process. June 2019—December 2019 Part 1: Community outreach, City Council presentation and direction January 2020—December 2020 Part 2: Detailed design, engineering, document production, modular facilitation and permitting January 2021—June 2022 Part 3: Construction administration, project closeout and warranty 4.0 RFP PROCESS Sealed proposals will be received at the City of Aspen Purchasing office at 2:OOP.M., MAY 23,2019, at which time the proposals will be opened and reviewed for the following City of Aspen project: 2019-046 OUTREACH,DESIGN, ENGINEERING&MODULAR FACILITATION FOR THE BURLINGAME RANCH PHASE 3 AFFORDABLE HOUSING DEVELOPMENT Submit RFP responses to: Ms. Rebecca Hodgson City of Aspen 130 S Galena Street Aspen,CO 81611 Proposals may be delivered in person,by courier, Federal Express or any other delivery service.The use of any delivery service, including registered mail,does not relieve the Respondent of the responsibility that proposals be received by prior to the deadline. The selection process will consist of proposal evaluations by the selection committee, and Proposers will be notified of further process thereafter. See below for information regarding registration, RFP proposal schedule, proposal submission and format and evaluation criteria. In addition to price, the evaluation criteria set forth below may be considered in judging which Proposal is in the best interests of the City. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 17 iuff!k6%&jp cxnut H - uuntract Inclualny rruposal anu rcrr rd I I" :_,I ASPEN 4.1 REGISTRATION If your firm or team intends to submit a proposal for this RFP, you must send an email to rebecca.hodRson@citvofaspen.com as soon as possible and indicate that you are the contact person for your firm or team. The purpose of this registration is to make sure that your firm or team receives all of the addenda published subsequent to the initial RFP release, including all questions submitted and answers provided. Registration does not obligate submission of a proposal. 4.2 RFP SCHEDULE At this time,the following process and timeline is anticipated.The City reserves the right to modify the process or timeline: RFP Issued April 19, 2019 RFP Questions Close May 17, 2019 Proposals Due May 23, 2019, 2:OOPM Evaluation period May 24-30, 2019 Notifications May 31, 2019 Finalist Interviews June 6-7, 2019 Signed Contract Due June 13, 2019 City Council Approval June 24, 2019 4.3 QUESTIONS Direct all questions via email to rebecca.hodRson@citvofaspen.com and include the subject line: "Question about 2019-046 OUTREACH& DESIGN FOR BURLINGAME PHASE 3". The City reserves the right,at its sole discretion as deemed in the best interests of the City of Aspen,to disqualify any candidate for phone calls or other direct contact with City staff other than via the email address provided in this section.The purpose for this Q&A procedure is so that the City may track all questions, issue addenda and make sure that all respondents have access to all questions and all answers related to this RFP. Staff will collect questions as submitted up until May 17 and intend to publish answers to questions in addenda each Friday during the RFP period. 4.4 PROPOSAL SUBMISSION AND FORMAT Proposal submission requires one (1) hardcopy of the proposal, printed entirely on double-sided 8.5x11 paper, and one(1)electronic submittal on an accompanying USB flash drive.With the exception of a plastic binding comb or spiral, please otherwise refrain from submitting unnecessary plastic binding materials.The electronic submittal must be compiled into one single pdf file and should be reduced to less than 20MB file size. Proposal hardcopy and flash drive should be placed in a sealed envelope or box, labeled with your contact information and clearly labeled on the outside of the envelope or box: "Proposal for 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR THE BURLINGAME RANCH PHASE 3 AFFORDABLE HOUSING DEVELOPMENT". If using a carrier's envelope or box, it must be marked on the outside of it as well. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 18 JUfffkI ff6ZJ cxnlun H - uoritract Inclucaing rrapasal ana mr-r 01 i 'I ASPEN Proposals must be received by 2:OOP.M., MAY 23, 2019, Rebecca Hodgson, Aspen City Hall, 130 South Galena Street, Aspen, Colorado, 81611. The City cannot accept late,faxed,or emailed proposals.Weather conditions often delay carrier package delivery. It is your responsibility to allow sufficient time for package delivery and to verify that your proposal was received. Proposals received after the specified closing date may be returned unopened. 4.5 EVALUATION CRITERIA The City of Aspen reserves the right to select the proposer that it deems, in its sole discretion, to have presented a proposal that is in the best interests of the City of Aspen. In addition to price, the evaluation criteria and weightings listed below may be considered in judging which Proposal is in the best interests of the City of Aspen and are subject to change by the selection committee based on the best interests of the City of Aspen: 25% Response to section 5.1 Lead Firm and Team Qualifications 25% Response to section 5.2 Relevant Project Experience 25% Response to section 5.3 Additional Expertise Sought 25% Response to section 5.4 Fee Worksheet, Schedule, Contract, Insurance S.0 REQUIRED PROPOSAL ELEMENTS Proposals are required to include all information requested in this section. Please organize your response by using the same section names and item numbers as shown below.Additional information may be requested at a later time. 5.1 LEAD FIRM AND TEAM QUALIFICATIONS 5.1.1 Provide the name of lead architectural firm, address, and telephone number. If the firm has multiple offices, include information about the parent company and branch office separately. Identify office from which project will be managed and this office's proximity to the project site. 5.1.2 What year was the firm established?What is the total number of firm's full-time employees? 5.1.3 Firm's annual revenue for each of the past five years 5.1.4 Provide a listing and description of all current litigation involving the lead firm. 5.1.5 Provide a copy of the lead firm's most recent Income Statement and Balance Sheet. 5.1.6 Provide name, email and phone number for firm's primary contact person for this project. Describe your level of commitment that this person will be the point of contact throughout the entire project. 5.1.7 Provide a list of all subconsultants on the team. Include with each an explanation as to why this subconsultant is best suited for working on this project. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 19 iufffkHtffp r-mmit H - contract Inclualng rrupusal aria r<rr- I I c 4 ASPEN 5.1.8 Provide a proposed team staffing chart, for the firm and the entire team of subconsultants, which identifies individual names and areas of responsibility. Provide professional qualifications and description of the level of experience for key personnel and particularly highlight experience pertinent to this project. 5.1.9 Provide a statement of firm's capability to absorb additional workload, availability of personnel, and commitment to provide services on a timely basis. 5.2 RELEVANT PROJECT EXPERIENCE 5.2.1 Please provide a sampling of no less than 4 and no more than 6 similar projects completed. Please order the projects as follows: First, please highlight any similar projects completed where your firm/team had a significant role in facilitating modular construction. Next, please describe any similar projects completed which were as intensive as this project in terms of civil, utilities and infrastructure. Please also describe any similar projects completed within the City of Aspen or Pitkin County, CO. Otherwise, describe any similar projects completed in mountainous locations over 7,000 feet elevation. Be sure to include relative size of each project in square feet and dollars as well as owner's contact information and contractor's contact information. Explain how these sample projects best suit your firm to perform the work described in this RFP. 5.2.2 Describe your firm or team's level of experience and understanding regarding projects within the City of Aspen and the associated zoning and permitting requirements. Explain any particular challenges you see and how you will manage those. Any familiarity or previous involvement with the PD for the prior phase of Burlingame Ranch should also be explained. 5.2.3 Describe the firm and team's qualifications to successfully design and facilitate implementation of roadways, parking areas, retaining walls,carport structures, utility service lines,stormwater infrastructure and landscape and irrigation systems. Describe any particular challenges you see in implementing the scope of work for this project and how you intend to manage that. Describe any particular care that you see necessary as it relates to as-built conditions for the prior phase(s) of the subdivision. 5.2.4 Based on the information provided in the scope of the project section of this RFP, provide a comprehensive outline of the steps you propose in order to meet the services required in this RFP. Note where and why you are adding, changing or otherwise deviating from the information provided in the scope of the project section of this RFP. To the extent possible, this detail should indicate what is to be done, who individually, and by name is responsible to do it, and when it is to be completed. 5.3 ADDITIONAL EXPERTISE SOUGHT 5.3.1 Describe the firm or team's ability to review and analyze existing PD plans and make them work for modular without a need to make significant changes to the PD. Describe any challenges you see for performing this task on this project and how you will manage those. 5.3.2 Describe the firm or team's understanding of modular plant pipelines and efficiency that can be realized using modular with the current designs. 5.3.3 Describe any potential for integration of offsite and onsite construction, particularly roofs and decks. 2019-046 OUTREACH, DESIGN, ENGINEERING& MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 20 `'uff Ck6fr rf)p cxriwit H - uoritrac;t Inc ivamy rrupusal aria mr-r I J ASPEN 5.3.4 Describe your level of expertise with modular design as it relates to multifamily building codes and state and local permit process and effect on project sequencing and timeline. 5.3.5 Review Section 11, part D on page 14 of the attached Ordinance 22 of 2011 and describe your recommendation for an appropriate energy efficiency and sustainability goal which could be sought (and which could avoid being deemed a substantial PD amendment). Describe how this can be integrated into modular construction. 5.3.6 Describe your firm's understanding of the modular factory/fabrication landscape and how to negotiate and facilitate modular box design, pricing, purchasing, tracking, delivery and assembly. Provide recommendations on how Owner should engage with the landscape of factories and eventually purchase from a factory. What has worked best on your other projects? 5.3.7 Describe any additional third parties which you would recommend for a higher level of due diligence in facilitating the process of modular design, procurement and construction. Fully describe reasons for this and how you recommend this be arranged. Have you done this on any of your other projects? 5.4 FEE WORKSHEET, SCHEDULE, CONTRACT, INSURANCE 5.4.1 Review Section 3.0 A/E Design Team Scope of Services and describe any additions, modifications, deletions you see necessary - particularly for sections 3.3 Part 1, 3.4 Part 2, 3.5 Part 3. Describe your team/firm's approach/ability to perform the services described. 5.4.2 Review Section 3.6 Project Schedule and provide a schedule, timeline or list of milestone dates in this section of your response that validates general adherence with the timing outlined in project schedule provided. Provide rationale for any modifications deemed necessary and describe any implications. 5.4.3 Please fill out the Fee Worksheet and include the Project Fee table and the Hourly Rates table in this section of your response. Make any changes as you see necessary in the formatting of the forms, but keep the same general approach to help the evaluators. 5.4.4 Provide a statement regarding your firm's ability to sign the attached contract. See section 6.1. 5.4.5 Describe the ability of your firm/team to meet the insurance requirements in the contract (do not simply list your coverages). The insurance requirements are shown below in section 6.2 and are included in the attached contract documents. 6.0 ADDITIONAL REQUIREMENTS 6.1 CONTRACT Your firm will be required to sign the attached contracts documents. If necessary, include in your response to section 5.4.4 any modifications needed, keeping in mind that this is included in the evaluation criteria. 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 21 �u��lCI��B�fu�y Cxrmli H - contract Inclualny rroposal aria mrr I ASPEN 6.2 INSURANCE The attached contract documents include the following insurance requirements. Use this information for your response to section 5.4.5.The Architect shall maintain the following insurance until termination of the Agreement. • Commercial General Liability with policy limits of not less than ONE MILLION DOLLARS($1,000,000.00)for each occurrence and ONE MILLION DOLLARS ($1,000,000.00) in the aggregate for bodily injury and property damage. • Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than ONE MILLION DOLLARS($1,000,000.00) per accident for bodily injury, death of any person,and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. • The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required above and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. • Workers' Compensation at statutory limits. • Employers' Liability with policy limits not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each employee, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) policy limit. • Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than TWO MILLION DOLLARS ($2,000,000.00) per claim and TWO MILLION DOLLARS($2,000,000.00) in the aggregate. • Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. • The Architect shall provide certificates of insurance to the Owner that evidence compliance with these requirements. 6.3 INTERESTS OF THE CITY OF ASPEN 6.3.1 The City of Aspen reserves the right to reject any or all Proposals or accept what is, in its sole judgment, the Proposal which is in the City's best interest.The City further reserves the right, in the best interests of the City, to modify this RFP process as it sees fit or waive any technical defects or irregularities in any and all Proposals submitted. 2019-046 OUTREACH, DESIGN, ENGINEERING&MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 22 iu��k6tffp cxniulr H - uurnracr Incivalny rrapusal aria r<rr I ASPEN 6.3.2 Proposals received after the deadline may not be accepted or considered. Receipt by the City of Aspen after the deadline shall not be construed as acceptance of the proposal. Proposals will be logged as to date/time received. 6.3.3 The successful Respondent is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the owner. 6.4 CONFIDENTIALITY Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA),any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. If any information contained within your proposal is in your opinion confidential, please note the confidential material as such and the City of Aspen will try to maintain confidentiality to the extent possible under state law. —11 7.0 LIST OF Be sure to obtain the attachments listed below: • Fee Worksheet • Ordinance 22 of 2011 • Development Agreement • PD Plan Set • Contract documents:AIA B101 (modified), AIA A201, CoA Standard Terms and Conditions 2019-046 OUTREACH, DESIGN, ENGINEERING & MODULAR FACILITATION FOR BURLINGAME RANCH PHASE 3 April 19, 2019 Page 23