HomeMy WebLinkAboutresolution.council.109-13 RESOLUTION NO.109
Series of 2013
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO,AND STUDIO B FOR FINAL
DESIGN AND PERMITTING SERVICES RELATED TO A RUBEY PARK REMODEL
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON
BEHALF OF THE CITY OF ASPEN,COLORADO.
WHEREAS a contract between the City of Aspen, Colorado and Studio B, is annexed
hereto and made a part thereof,
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 a contract between the City of
Aspen,Colorado and Studio B, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager of the City of Aspen to execute said contract on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the Ot of Aspen on the 2nd day
of December, 2013. P
Steven Ska ron,Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held on the day hereinabove stated.
Kathryn . och, City Clerk
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF ASPEN AND SCOTT A. LINDENAU,ARCHITECT,P.C. d.b.a. STUDIO
B ARCHITECTURE & INTERIORS
CONTRACT NO. 2013-142
This Contract is made and entered into this 2nd day of December, 2013 ("Effective Date") between the
CITY OF ASPEN, a municipality and political subdivision of the State of Colorado ("The City") and
SCOTT A. LINDENAU, ARCHITECT, P.C., doing business as STUDIO B ARCHITECTURE +
INTERIORS, a corporation organized pursuant to the laws of the State of Colorado (the
"CONTRACTOR"). The City and Contractor may hereinafter from time to time be referred to as
"Party" or"Parties".
RECITALS:
WHEREAS, The City desires to engage a qualified and experienced CONTRACTOR to provide
architectural and engineering consulting services as described in Exhibit A — Scope of Services attached
hereto ("Services"); and
WHEREAS, The City has chosen CONTRACTOR to provide the Services following a
competitive procurement process wherein Solicitation No. 13-051 Request for Qualifications ("RFQ")—
Architectural and Engineering Consulting Services for the Final Design of the Rubey Park Transit
Center, attached as Exhibit F and incorporated herein by reference, was issued, and CONTRACTOR
submitted a Statement of Qualifications in response to the RFQ, attached hereto as Exhibit E and
incorporated herein; and
WHEREAS, the CONTRACTOR has represented to The City that it is sufficiently qualified and
experienced to provide those services described in Exhibit A and The City has relied on such
representations.
NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, The
City and the CONTRACTOR agree as follows:
ARTICLE 1 —SCOPE OF SERVICES
The required Services are as enumerated and described in Exhibit A — Scope of Services, which
document is attached hereto and incorporated herein.
ARTICLE 2—COMPENSATION AND PAYMENT
The terms for Compensation and Payment are set forth in Exhibit B — Compensation and Method of
Payment for Professional Services, attached hereto and incorporated herein.
ARTICLE 3—TERM OF CONTRACT
CONTRACTOR shall commence the Services on the Effective Date set forth above. The City shall
have the option to renew the contract for three (3) additional twelve (12) month periods beginning on
Contract No.:2013-142
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January 1, 2015, subject to annual appropriations. Any extension of the Term of Contract will be in
writing and signed by both parties to the Contract in the form of a Contract Amendment as set forth in
Article 12 below.
Notwithstanding anything to the contrary contained in this Contract, no charges shall be made to The
City nor shall any payment be made to the CONTRACTOR in excess of the amount for any services
provided without written approval in accordance with a budget adopted by the City Council in
accordance with provisions of the Colorado Revised Statutes. Moreover,the parties agree that The City
is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being
budgeted and appropriated.
ARTICLE 4—NEGOTIATED RATE
The contract is a Fixed-Price, Labor Hour contract based upon the negotiated hourly labor rates as
specified in Exhibit B—Compensation and Method of Payment.
(1) The Contract will be based upon the CONTRACTOR'S submitted fee schedule; however, The
City reserves the right to negotiate fees for any specific project.
(2) The total dollar amount of the Contract as specified in Exhibit B —Compensation and Method of
Payment may only be modified by written agreement of both parties to the Contract in the form
of a Contract Amendment as specified in Article 12 below.
(3) The negotiated hourly labor rates may only be modified by written agreement of both parties to
the Contract in the form of a Contract Amendment as specified in Article 12 below.
ARTICLE 5—ORDER OF PRECEDENCE OF THE CONTRACT DOCUMENTS
In the event of inconsistency between provisions of the Contract Documents, the inconsistency will be
resolved by giving precedence in the following order:
(1) Contract Amendments;
(2) This Professional Services Contract between The City of Aspen and Scott A. Lindenau,
Architect, P.C. d.b.a. Studio B Architecture & Interiors, including Attachment B—Compensation
and Method of Payment for Goods and Services;
(3) Attachment A—Scope of Services;
(4) Attachment E — Solicitation No. 13-051 Request for Qualifications for Architectural &
Engineering Consulting Services for the Final Design of the Rubey Park Transit Center, fully-
conformed and inclusive of all addenda to the RFQ.
ARTICLE 6—PROJECT AUTHORIZATION AND PERFORMANCE
Following contract execution, The City will issue a"Notice to Proceed"to CONTRACTOR, which shall
authorize and direct CONTRACTOR to begin work on the Contract. The CONTRACTOR shall begin
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work no later than seven (7) calendar days after the effective date of the Notice to Proceed for the
Contract, or three (3) calendar days after receipt of the Notice to Proceed, whichever is later.
ARTICLE 7—THE PROJECT MANAGER
The Project Manager for this Contract is John D. Krueger, Director of Transportation, unless otherwise
designated in writing by the City Manager.
ARTICLE 8—INDEPENDENT CONTRACTOR
CONTRACTOR shall perform the Services required under this Contract as an Independent Contractor,
not as an agent or employee of The City. CONTRACTOR has no authority to make any statement,
representation, or commitment of any kind or to take any action binding upon The City, without The
City's written authorization. The City is only interested in the results achieved by the Services
performed by the CONTRACTOR; the manner of legally achieving those results is the responsibility of
the CONTRACTOR.
All of the Services required by this Contract shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in the Services shall be fully qualified.
Furthermore, it is understood that The City will not provide insurance or benefits of any nature to the
CONTRACTOR, its employees, or subcontractors.
The CONTRACTOR agrees that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of its Services hereunder.
The CONTRACTOR further agrees that in the performance of the Contract, no person having any such
interests shall be employed.
ARTICLE 9—INVOICING AND PAYMENT
(l) The City will pay CONTRACTOR, as full and complete compensation for completion of the
Services and assuming all duties, responsibilities, and obligations under the Contract, costs
pursuant to Exhibit B — Compensation and Method of Payment for Professional Services of this
Contract.
(2) In accordance with the requirements of Exhibit B — Compensation and Method of Payment for
Professional Services of this Contract, CONTRACTOR shall submit to The City's Project
Manager complete, properly supported and audit-worthy invoices for the Services performed.
CONTRACTOR may submit no more than one (l) invoice to The City for every 30 calendar
days of the Term of Contract.
(3) The City will make payment to CONTRACTOR, conditioned upon compliance by
CONTRACTOR with all other provisions of the Contract and CONTRACTOR furnishing The
City with the following:
i. CONTRACTOR's properly supported and audit-worthy invoices for the Services
performed.
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Solicitation No.: 13-051 Rubey Park Final Design
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ii. Proof satisfactory to The City that there are no unsatisfied claims and that no
other indebtedness exists in connection with the Services.
iii. All documents, records, correspondence, and deliverables which CONTRACTOR
and other persons performing the Services are required to provide to The City
under the Contract.
(4) The invoices shall be in a form satisfactory to The City and shall reference The City Contract
No. 2013-142. The invoices shall be submitted to The City's Project Manager at the following
address:
Original Invoice to:
The City of Aspen
130 South Galena
Aspen, CO 81611
ATTN: John D. Krueger, Director of Transportation
(5) Payment terms are net 30 calendar days following receipt of a correct and audit worthy invoice
by The City.
(6) The invoices submitted to The City for payment shall include the applicable The City contract
number; total invoice amount (including itemized amounts charged for labor and materials); total
number of labor hours expended and labor billing rates; invoice billing period; description of the
Services performed during the invoice billing period (including completed Deliverables) and
any other information that The City may reasonably require.
(7) The presentation of the invoices by CONTRACTOR to The City as set forth in this Article
constitutes an express warranty and representation by CONTRACTOR to The City that the
Services have progressed to the point indicated and that the quality of the Services is in
accordance with this Contract.
(8) No approval of any invoice, nor any payment, final or otherwise, nor any use or approval of
deliverables by The City shall itself constitute Acceptance of the Services.
(9) The City may withhold all or part of any amounts due CONTRACTOR to protect The City from
a loss, including but not limited to, losses caused by the following:
i. Failure of CONTRACTOR to make proper payments to its subcontractors for
Services.
ii. Failure of CONTRACTOR to carry out and/or remedy the Services in accordance
with the Contract.
iii. CONTRACTOR's breach of warranties.
(10) By acceptance of final payment under the Contract, CONTRACTOR waives any and all
further claims against The City arising out of or in connection with performance of the
Services performed under the Contract.
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Solicitation No.: 13-051 Rubey Park Final Design
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(11) CONTRACTOR shall maintain books and records supporting all amounts invoiced to The
City. CONTRACTOR shall preserve such books and records for the duration of this Contract
and for three (3) years thereafter, during which time The City and its representatives shall have
access to such books and records and shall have the right to make any copies thereof for the
purpose of auditing or verifying invoices or for any other reasonable business purpose.
(12) CONTRACTOR warrants and represents that all books and records specified above shall be
complete and accurate and that The City may rely on such records and books for any purposes.
If CONTRACTOR becomes aware that such records are inaccurate or incomplete,
CONTRACTOR will promptly notify The City in writing.
ARTICLE 10—EMPLOYMENT OF THE CITY'S PERSONNEL
The CONTRACTOR shall not employ any person or persons in the employ of The City for any work
required by the terms of this Contract without the written permission of The City, except as may
otherwise be provided for herein.
ARTICLE 11 —REVIEW OF WORK
Authorized representatives of The City may, at all reasonable times review and inspect the Services,
financial reports, and data collected under the terms of this Contract and any amendments thereto. All
reports, drawings, studies, specifications, estimates, maps, and computations prepared by or for the
CONTRACTOR pursuant to this Contract, shall be available to authorized representatives of The City
for inspection and review at all reasonable times. Acceptance shall not relieve the CONTRACTOR of
its professional obligation to correct, at its expense, any of its negligent errors in the work.
ARTICLE 12—CHANGES
(1) The City shall have the right, without additional consent from CONTRACTOR and without
invalidating the Contract, to add, delete, or change the required Services.
(2) Contract Amendments. The City shall issue Contract Amendments to make additions, deletions,
or changes to the required Services. To initiate a Contract Amendment, The City shall send
CONTRACTOR a Request for Contract Amendment. Upon receipt, CONTRACTOR shall
prepare an estimate of the effects of the change on the Contract Budget and/or Term of Contract.
Upon agreement between CONTRACTOR and The City on the effects of the change, The City
will issue a Contract Amendment specifying any change to the Contract Budget or the Term of
Contract.
(3) The Contract Budget and/or Term of Contract shall be subject to adjustment only by Contract
Amendment(s).
ARTICLE 13—SUBSTANTIAL CHANGES
If, prior to the satisfactory completion of the Services required under this Contract, The City materially
alters the scope, character, complexity, or duration of the Services from those required under the
Contract, a Contract Amendment may be executed between the parties.
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Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
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Minor changes in the Services which do not involve increased compensation, extensions of time or
changes in the goals and objectives of the Services may be made by written notification of such change
by either The City or the CONTRACTOR with written approval by the other party.
ARTICLE 14—ERRORS AND OMISSIONS
(l) No advantage shall be taken by the Contractor in the omission of any part or detail which goes to
make the execution of the service complete even though such part or detail is not named in the Scope
of Service.
(2) If the CONTRACTOR's designs, drawings or specifications contain errors or deficiencies, the
CONTRACTOR shall be required to correct the errors or deficiencies at no increase in price to The
City. When errors are discovered during construction, the CONTRACTOR is liable for correction of
the design, drawings or specifications at their own cost, and for the difference between what the
"correct" construction will cost (as a change order issued to the construction contractor) and what it
would have cost in the original contract had the drawings been correct. This includes any tear-out
that needs to be performed.
ARTICLE 15—INDEMNIFICATION
(1) Professional Liability. The CONTRACTOR shall exercise in its-performance of the Services the
standard of care normally exercised by nationally recognized organizations engaged in
performing comparable services. The CONTRACTOR shall be liable to The City for any loss,
damages or costs incurred by The City for the repair, replacement or correction of any part of the
project which is deficient or defective as a result of any failure of the CONTRACTOR to comply
with this standard.
(2) Indemnification. To the fullest extent permitted by law and except for all professional liability
claims, damages, losses and expenses, the CONTRACTOR shall indemnify, defend, and hold
harmless The City and its agents and employees from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from the
performance of the Services, provided that any such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the project itself) including the loss of use resulting there from, but only to
the extent caused by the negligent act or omission of, or breach of contract by, the
CONTRACTOR, any subcontractor of the CONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless
The City and its agents and employees from and against all professional liability claims,
damages, losses and expenses, including but not limited to attorneys' fees, arising out of or
resulting from the performance of the Services, provided that any such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property (other than the project itself) including the loss of use resulting there from,
but only to the extent caused by the negligent act or omission of, or breach of contract by, the
CONTRACTOR, any subcontractor of the CONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
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Solicitation No.: 13-051 Rubey Park Final Design
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Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this
Contract. The City may, if it so desires, withhold the payments due the CONTRACTOR so long
as shall be reasonably necessary to indemnify The City on account of such injuries.
In any and all claims against The City or any of its agents or employees by any employee of the
CONTRACTOR, any subcontractor of the CONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Contract shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for the
CONTRACTOR or any subcontractor.
The parties agree that nothing contained herein waives or is intended to waive any protections
that may be applicable to The City under the Governmental Immunity Act, §24-10-101 et. seq.,
C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided
by law, and subject to any applicable provisions of the Colorado Constitution and applicable
laws.
ARTICLE 16—INSURANCE
(1) Procurement — CONTRACTOR and its subcontractors shall procure and maintain, until all of
their obligations have been discharged, including until any warranty periods under this Contract
are satisfied, insurance against claims for injury to persons or damage to property which may
arise from or in connection with the performance of the Work performed hereunder by the
CONTRACTOR, its agents, representatives, employees, or subcontractors.
(2) Minimum Requirements—The insurance requirements herein are minimum requirements for this
Contract. The City in no way warrants that the minimum limits contained herein are sufficient to
protect the CONTRACTOR from liabilities that might arise out of the performance of the Work
under this Contract by the CONTRACTOR, its agents, representatives, employees, or
subcontractors and CONTRACTOR is free to purchase such additional insurance as may be
determined necessary.
(3) CONTRACTOR shall procure and maintain in effect the following types of insurance at least as
broad and with limits of liability not less than those stated below.
a. Commercial General Liability Insurance - Occurrence form including bodily injury,
property damage, premises and operations coverage, products and completed operations
coverage, coverage for independent contractors, personal and advertising injury coverage,
and broad form contractual liability.
Limits of Liability
General Aggregate: $2,000,000
Each Occurrence: $1,000,000
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Solicitation No.: 13-051 Rubey Park Final Design
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b. Workers Compensation and Employer's Liability Insurance
Limits of Liability
Workers Compensation: Colorado Statutory Limits
EL: Bodily Injury by Accident—per employee: $100,000
EL: Bodily Injury by Disease—per employee: $100,000
Employer's Liability (EL) Policy Limits: $500,000
c. Business Automobile Liability
Limits of Liability
Combined Single Limit(Bodily Injury& Property Damage): $1,000,000
d. Professional Liability
Limits of Liability
General Aggregate: $1,000,000
(4) Primary Insurance — The CONTRACTOR's insurance coverage shall be primary insurance with
respect to The City, its City Council, officials, agents, and employees. Any insurance or self-
insurance maintained by The City, its officers, officials, agents, or employees shall be in excess
to the coverage of the CONTRACTOR's insurance and shall not contribute to it.
(5) The City as Additional Insured — The City shall be named as an additional insured party under
the CONTRACTOR's Business Automobile Liability and Commercial General Liability
policies, providing that such insurance is primary with respect to claims made by The City, and
these policies shall be occurrence-based policies, and shall specifically provide that all coverage
limits are exclusive of costs of defense, including attorney fees. The CONTRACTOR shall
provide certificates of insurance to The City indicating compliance with this paragraph.
(6) Waiver of Subrogation—CONTRACTOR and The City waive all rights against
a. each other and any of their vendors, agents and employees, each of the other, and
b. The City, CONTRACTOR, and any of their contractors, subcontractors, agents and
employees for damages caused by fire or other perils to the extent covered by property
insurance provided under the contract or other property insurance applicable to the Work,
except such rights as they may have to proceeds of such insurance held by The City as
fiduciary.
(7) CONTRACTOR shall require its agents and employees, by appropriate agreements, written
where legally required for validity, to obtain similar waivers in favor of other parties enumerated
herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A
waiver of subrogation shall be effective as to a person or entity even though that person or entity
would otherwise have a duty of indemnification, contractual or otherwise, did not pay the
insurance premium directly or indirectly, and whether or not the person or entity had an insurable
interest in the property damaged. This requirement for a waiver of subrogation does not apply to
CONTRACTOR's Professional Liability insurance policy.
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Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
(8) CONTRACTOR and Subcontractors — CONTRACTOR shall require all of its subcontractors to
provide the aforementioned coverage at levels that the CONTRACTOR and its subcontractors
may consider necessary and any deficiency in the coverage or policy limits of the subcontractors
will be the sole responsibility of CONTRACTOR.
(9) Contractual Liability— The insurance provisions in this Contract in no way affect the liability of
CONTRACTOR or the indemnity covenants stated elsewhere in this Contract.
(10) Deductibles and Self-Insured Retention—All deductibles and/or self-insured retention amounts
must be declared to and approved by The City. At the option of The City, the insurer shall
either reduce or eliminate such deductibles or self-insured retentions with respect to The City,
its City Council, officials, agents, or employees.
(11) Acceptability of Insurers — Insurance is to be placed with insurers duly licensed in the State of
Colorado and with an "A.M. Best" rating of not less than "A:VII" at the time of placement of
the insurance policies. The City in no way warrants that the above required minimum insurer
rating is sufficient to protect the CONTRACTOR from potential insurer insolvency.
(12) Certificates of Insurance — Before commencing performance on the Contract, CONTRACTOR
and its subcontractors must furnish certificates(s) of insurance (using ACORD form or
equivalent)to The City evidencing:
a) Insurance coverage acceptable to The City.
b) Signature by person authorized by insurer to bind coverage on its behalf.
c) Effective expiration dates of policies.
d) The City must be given written notice, in accordance with policy terms, of all cancellation,
non-renewable, or material changes in policy.
e) The City is added as Additional Insured party on the Commercial General Liability and
Business Automobile Liability policies.
f) A waiver of subrogation endorsement has been attached to the Worker's Compensation and
General Liability policies.
g) Any deductible and/or self-insured retention.
h) Any policy endorsements that restrict or limit coverage.
i) Any exclusion(s)to the policy which are not part of the standard form.
j) Certificate of Insurance title block format is as follows: The City of Aspen, 130 South
Galena, Aspen, CO 81611, ATTN: John D. Krueger, Director of Transportation.
CONTRACTOR shall also provide The City with 30 days written notice of all Contractor-
initiated cancellation, non-renewal, or material changes of Policy of Insurance. Failure to
maintain the insurance policies as required by this Contract or to provide evidence of renewal is
a material breach of the Contract.
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Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
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ARTICLE 17—SUBLETTING,ASSIGNMENT, OR TRANSFER
It is understood by the parties to this Contract that the work of the CONTRACTOR is considered
personal by The City. The CONTRACTOR agrees not to assign, sublet, or transfer any or all of its
interest in this Contract without prior written approval by The City.
The City reserves the right to review all subcontracts prepared in connection with the Contract, and the
CONTRACTOR agrees that it shall submit to The City any proposed subcontract documents together
with subcontractor cost estimates for review and written concurrence of The City no later than five (5)
business days in advance of their execution.
Any contract between the CONTRACTOR and any subcontractor shall comply with all provisions of
this Contract. The City's approval of any assignment, sublet, or transfer shall not release the
CONTRACTOR of any obligation under this Contract. As between The City and the CONTRACTOR,
the CONTRACTOR shall be fully responsible for the acts and omissions of the subcontractors and
persons either directly or indirectly employed by the CONTRACTOR. Nothing contained in this
Contract shall create any contractual relation between any subcontractor and The City.
All subcontracts in the amount of $10,000.00 or more shall include the provisions set forth in this
Contract.
ARTICLE 18—TERMINATION
(1) Termination for Cause: If the CONTRACTOR fails to perform in the manner called for in this
Contract or if the CONTRACTOR fails to comply with any other provisions of this Contract,
The City may terminate this Contract for cause. Termination shall be effected by serving a
notice of termination on the CONTRACTOR setting forth the manner in which the
CONTRACTOR has breached or is in default. The CONTRACTOR will only be paid the
contract price for services performed in accordance with the manner of performance set forth in
this Contract.
If it is later determined by The City that the CONTRACTOR has an excusable reason for not
performing, such as a strike, fire, flood or other events which are not the fault of or are beyond
the control of the CONTRACTOR, The City, after setting up a new delivery of performance
schedule, may allow the CONTRACTOR to continue work or treat the termination as a
termination of convenience.
The City in its sole discretion may, in the case of a termination for cause, allow the
CONTRACTOR an appropriate period of time to cure the breach or default. In such case, the
notice of termination will state the time period in which cure is permitted and other appropriate
conditions. If the CONTRACTOR fails to remedy to The City's satisfaction the breach or
default, The City shall have the right to terminate this Contract without any further obligation to
the CONTRACTOR. Any such termination for breach or default shall not in any way operate to
preclude The City from also pursuing all available remedies against the CONTRACTOR and its
sureties for said breach or default.
(2) Termination for Convenience: The City may terminate this Contract for its convenience at any
time by giving written notice to the CONTRACTOR of such termination and specifying the
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effective date thereof, at least five (5) business days before the effective date of such termination.
If the Contract is terminated by The City for convenience, the CONTRACTOR will be paid
compensation for those Services actually performed. Partially completed tasks will be
compensated for based on a signed statement of completion to be submitted by the
CONTRACTOR which shall itemize each task element and briefly state what work has been
completed and what work remains to be done.
ARTICLE 19—APPLICABLE LAWS AND VENUE AND CONTRACT DISPUTES
This Contract shall be governed by the laws of the State of Colorado. This Contract shall be deemed
entered into in Pitkin County, State of Colorado. At The City's option, the location for settlement of any
and all claims, controversies and disputes arising out of or related to this Contract or any breach thereof,
whether by alternative dispute resolution or litigation, shall be proper only in either county.
Disputes arising in the performance of this Contract, which are not resolved by agreement of the parties,
shall be decided in writing by the City Manager prior to any commencement of an action in court or
alternate dispute resolution concerning any disputes. The decision of the City Manager will state the
reason for the action taken and shall inform the CONTRACTOR of its right to administrative review by
the Aspen City Council acting as the City's Procurement Appeals Board. The decision of the City
Manger shall be final and conclusive unless within 60 calendar days from the date of delivery of the
decision to the CONTRACTOR, the CONTRACTOR delivers a written appeal to the City Attorney for
consideration by the City Procurement Appeals Board.
In connection with any such appeal, the CONTRACTOR shall be afforded an opportunity to submit
written evidence in support of its position. The appeals proceeding shall be de novo. A decision on the
appeal shall be made by the City Council acting as the City Procurement Appeals Board and shall
become binding upon the CONTRACTOR unless within 60 calendar days from the date of delivery of
the decision to the CONTRACTOR, the CONTRACTOR delivers a written request to the City Attorney
for alternative dispute resolution or litigation. Unless otherwise directed by The City, CONTRACTOR
shall continue performance under this Contract while matters in dispute are being resolved.
In addition to the requirements of Article 22 in this Contract entitled "Notices", a copy of any written
notices, appeals, and documents pertaining to a contract dispute under this Article shall also be delivered
to The City's Procurement Officer and Attorney.
CONTRACTOR agrees that the economic loss rule shall not serve as a limitation on The City's right to
pursue tort remedies in addition to other remedies it may have against CONTRACTOR. Such rights and
remedies shall survive the project or any termination of this Contract.
ARTICLE 20—SEVERABILITY
If any provision of this Contract is held to be invalid, illegal, or unenforceable for any reason, the
validity, legality, and enforceability of the remaining provisions of this Contract will not be adversely
affected.
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Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
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ARTICLE 21 —ASSIGNABILITY
The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be
binding upon the successors and assigns of the parties hereto.
ARTICLE 22—NOTICES
(1) All official notices and communications under this Contract shall be in writing and shall be deemed
to have been duly given (i) on the date of delivery if delivered personally to the party to whom
notice is given, or (ii) at the date of actual receipt if mailed by U.S. Postal Service, postage prepaid,
return receipt requested.
(2) Notices and other communications shall be directed to the parties at the addresses listed below:
Notice to CONTRACTOR:
Studio B Architecture+ Interiors
ATTN: Scott Lindenau, AIA, President
501 Rio Grande Place, #104
Aspen, Colorado 81611
Copy to: Gilbert Sanchez, AIA, Principal
Notice to the City:
City of Aspen
ATTN: Rebecca Hodgson, City of Aspen, Procurement Officer
130 South Galena
Aspen, CO 81611
Copy to: John Krueger, City of Aspen, Director of Transportation
(3) Telephonic and electronic mail communications and facsimile transmittals may be used to expedite
communications, but neither shall be considered official communications under this Contract unless
and until confirmed in writing in accordance with this Article 22,paragraph (1)above.
ARTICLE 23—OWNERSHIP OF DOCUMENTS
The CONTRACTOR agrees that all reports, drawings, computer disks, specifications, survey notes,
estimates, maps, computations, and other data prepared by or for it under the terms of this Contract shall
be delivered to, become, and remain the property of The City upon termination or completion of the
work. The City shall have the right, at its sole risk, to use the same without restriction or limitation and
without compensation to the CONTRACTOR other than that provided for in this Contract. In the event
of reuse by The City, The City shall indemnify, defend and hold harmless CONTRACTOR from any
and all claims or demands arising from such reuse by The City. The CONTRACTOR shall not have the
right to use same for sale or other benefit without express written permission from The City, which
permission shall not be unreasonably withheld. CONTRACTOR shall be allowed to retain a copy of the
same for its records and as may be required by law
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
12
ARTICLE 24—PATENT AND RIGHTS IN DATA
If patentable discoveries or inventions should result from work described herein, all rights accruing from
such discoveries or inventions will be the sole property of The City. However, The City agrees to and
does hereby grant to the CONTRACTOR an irrevocable, non-exclusive, non-transferable, and royalty-
free license to practice each invention in the manufacture, use, and disposition according to law of any
article or material and in use of any method that may be developed as a part of the work under this
Contract.
ARTICLE 25—COPYRIGHTING
The CONTRACTOR and The City agree that any papers, interim reports, forms, and any other material
which are part of the Work under this Contract are to be deemed a "work for hire," as such term is
defined in the Copyright Laws of the United States. As a"work made for hire", all copyright interests in
said works will vest in The City upon creation of the copyrightable work. If any papers, interim reports,
forms, or other material which are a part of work under this Contract are deemed by law not to be a
"work for hire", any copyright interests of the CONTRACTOR are hereby assigned completely and
solely to The City. Publication rights to any works produced under this Contract are reserved by The
City.
ARTICLE 26—PUBLICATION AND PUBLICITY
Articles, papers, bulletins, data, studies, statistics, interim or final reports, oral transmittals, or any other
materials reporting the plans, progress, analyses, results, or findings of work conducted under this
Contract shall not be presented publicly or published without prior written approval by The City.
All releases of information, findings, and recommendations shall include a disclaimer provision and all
published reports shall include that disclaimer on the cover and title page in the following form:
"The contents of this publication reflect the views of the author(s), who is (are) responsible for the facts
and accuracy of the data presented herein. The opinions,ftndings, and conclusions in this publication
are those of the author(s) and do not necessarily reflect the official views or policies of those of the City
of Aspen, or the United States Department of Transportation or any of its' subsidiaries. This
publication does not constitute a standard, specification, or regulation."
If any information concerning the Services, their conduct, results, or data gathered or processed should
be released by the CONTRACTOR without prior approval from The City, the release of same shall
constitute grounds for termination of this Contract without indemnity to the CONTRACTOR. In
addition, the CONTRACTOR shall indemnify and hold harmless The City, its officers, employees, and
agents from any liability arising from such unauthorized release of data.
Any request for information directed to the CONTRACTOR, pursuant to the Colorado Open Records
Act, by the public shall be immediately redirected to The City for handling. The City shall be
responsible for providing the response to requests under the Colorado Open Records Act. The
CONTRACTOR acknowledges and agrees that all records of the Services and the work, including
records of the CONTRACTOR and its subcontractors are subject to the Colorado Open Records Act,
C.R.S. 24-72-201 through 24-72-309 et seq.
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
13
ARTICLE 27—COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR shall comply with all relevant requirements of all Federal, State, and local laws.
The CONTRACTOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CONTRACTOR, to solicit or secure this Contract, and that it
has not paid or agreed to pay any company or person, other than a bona fide employee working solely
for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, The City shall have the right to annul this Contract without liability, or in its
discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 28—CONFLICTS OF INTEREST
The City employees and Council are bound by the City of Aspen's Code of Ethics and Standards of
Conduct. The City Code of Ethics and Standards of Conduct prohibits City employees and Council
engaged in the award and administration of contracts, or any person acting on their behalf, from
accepting, directly or indirectly, any gift with a value of more than a nominal amount, including meals
or tickets to sporting events, from any person with whom the employee interacts on official The City
business. Therefore, CONTRACTOR, or its subcontractors or suppliers, may not make gifts or favors to
any The City employee or Council. It is a violation of the City Code of Ethics and Standards of Conduct
for any City employee to accept any such gift or favor.
ARTICLE 29—WARRANTIES
The CONTRACTOR shall exercise in its performance of the Services the standard of care normally
exercised by nationally recognized organizations engaged in performing comparable services.
CONTRACTOR further warrants and agrees that it, and any persons assigned by CONTRACTOR, shall
perform this Contract in compliance with all relevant requirements of federal, state, and local laws,
statutes, acts, ordinances, rules, regulations, codes, or standards.
ARTICLE 30—NONWAIVER
No failure or waiver or successive failures or waivers on the part of either party, its successors or
permitted assigns, in the enforcement of any condition, covenants, or article of this Contract shall
operate as a discharge of any such condition, covenant, or article nor render the same invalid, nor impair
the right of either party hereto, their successors or permitted assigns, to enforce the same in the event of
any subsequent breaches by the other party hereto, its successors or permitted assigns.
ARTICLE 31 —MERGER
This Contract constitutes the entire agreement of the parties, all prior discussions, representations, and
agreements being merged herein. The Contract may not be changed, modified, extended, or amended,
nor any provision thereof waived, except by a written amendment executed by duly authorized
representatives of the respective parties. The captions in this Contract are for convenience only and
shall not affect the substantive meaning of any provision herein.
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
14
ARTICLE 32—NO THIRD PARTY RIGHTS
Except as expressly set forth herein, the representations, warranties, terms, and provisions of this
Contract are for the exclusive benefit of the parties hereto and no other person or entity shall have any
right or claim against either party by reason of any of these terms and provisions or be entitled to
enforce any of these terms and provisions against either party.
ARTICLE 33—ATTACHMENTS
Any attachment or exhibit to this Contract will be incorporated into and made a part of this Contract. In
the event of a conflict between the provisions contained in the body of this Contract and any attachment
or exhibit, the terms in the body of this Contract will control.
ARTICLE 34—SEPARATE COUNTERPARTS
This Contract may be executed in one or more counterparts, each of which, when so executed, shall be
deemed to be an original. Such counterparts shall together constitute and be one and the same
instrument.
ARTICLE 35—IMMIGRATION COMPLIANCE
To the extent this Contract constitutes a public contract for services pursuant to C.R.S. 8-17.5-101 et
seq.,the following provisions shall apply:
(1) CONTRACTOR certifies that, prior to executing this Contract, it has confirmed the employment
eligibility of all employees who are newly hired for employment to perform work under this
Contract through participation in either the E-verify program administered by the United States
Department of Homeland Security and the Social Security Administration (the "E-verify
Program"), or the employment verification program administered by the Colorado Department of
Labor and Employment(the"Colorado Verification Program").
(2) CONTRACTOR shall comply with all reasonable requests by the Colorado Department of Labor
and Employment made in the course of an investigation undertaken pursuant to the authority
established in C.R.S. 8-17.5-102(5).
(3) To the extent required by C.R.S. 8-17.5-102(1), by submitting a proposal or bid, the
CONTRACTOR certifies that at the time of proposal or bid submission it did not knowingly
employ or contract with an illegal alien who will perform work under this Contract, and that the
CONTRACTOR will participate in the E-verify Program or the Colorado Verification Program
in order to verify the employment eligibility of all employees who are newly hired for
employment to perform work under this Contract.
ARTICLE 36—REGULATORY COMPLIANCE
The work to be performed as the Services under this Contract may be financed, in part, by grants
provided under programs of the Federal Transit Act, as amended, and as such is subject to the Terms and
Conditions set forth in the grant agreements. CONTRACTOR understands that Federal laws,
regulations, policies, and related administrative practices applicable to the Contract may be modified
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
15
from time to time. CONTRACTOR acknowledges that the most recent of such Federal requirements
will govern the Contract at any particular time, unless the Federal Government determines otherwise.
Likewise, new Federal laws, regulations, policies, and administrative practices may be established after
the Contract is executed and may apply to the Contract. The laws and regulations detailed in this
Contract include, but are not limited to, those that will be applicable to the Contract. To the extent
applicable, CONTRACTOR shall comply with the Federal, State, and Locally imposed requirements
contained in this Contract.
ARTICLE 37—NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) THE CITY and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying Contract,
absent the express written consent by the Federal Government, the Federal Government is not a
party to this Contract and shall not be subject to any obligations or liabilities to THE CITY,
CONTRACTOR, or any other party (whether or not a party to that Contract) pertaining to any
matter resulting from the underlying Contract.
(2) The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FHWA or other USDOT agency. It is further agreed
that the clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
ARTICLE 38—PROGRAM FRAUD AND FALSE OR
FRAUDULENT STATEMENTS OR RELATED ACTS
(1) The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Contract. Upon
execution of the underlying Contract, the CONTRACTOR certifies or affirms the truthfulness
and accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying Contract or the FHWA assisted project for which this Contract work
is being performed. In addition to other penalties that may be applicable, the CONTRACTOR
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR
to the extent the Federal Government deems appropriate.
(2) The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FHWA under authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
CONTRACTOR, to the extent the Federal Government deems appropriate.
(3) The CONTRACTOR agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FHWA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
16
ARTICLE 39—ACCESS TO RECORDS
The following access to records requirements apply to this Contract:
(1) Where the Purchaser (The City) is the FHWA Recipient or a subgrantee of the FHWA Recipient
in accordance with 49 C. F. R. 18.36(1), the CONTRACTOR agrees to provide the Purchaser
(The City), the FHWA Administrator, the Comptroller General of the United States or any of
their authorized representatives access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this Contract for the purposes of making audits,
examinations, excerpts and transcriptions.
(2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONTRACTOR agrees to maintain all books, records, accounts, and reports required under
this Contract for a period of not less than three (3) years after the date of termination or
expiration of this Contract, except in the event of litigation or settlement of claims arising from
the performance of this Contract, in which case CONTRACTOR agrees to maintain same until
the Purchaser (The City), the FHWA Administrator, the Comptroller General, or any of their
duly authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(1 1).
(4) FHWA does not require the inclusion of these requirements in subcontracts.
ARTICLE 40—FEDERAL CHANGES
CONTRACTOR shall at all times comply with all applicable FHWA regulations, policies, procedures,
and directives, including without limitation those listed directly or by reference in the Master Agreement
between Purchaser (The City) and FHWA, as they may be amended or promulgated from time to time
during the term of this Contract. CONTRACTOR's failure to so comply shall constitute a material
breach of this Contract.
ARTICLE 41 —CIVIL RIGHTS
The following requirements apply to the underlying Contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.
§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal
transit law at 49 U.S.C. § 5332, the CONTRACTOR agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, sex,
age, or disability. In addition, the CONTRACTOR agrees to comply with applicable Federal
implementing regulations and other implementing requirements FHWA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying Contract:
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
17
a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332,
the CONTRACTOR agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor",
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity", as amended by Executive Order No. 11375, "Amending
Executive Order l 1246 Relating to Equal Employment Opportunity", 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of
the Contract. The CONTRACTOR agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
CONTRACTOR agrees to comply with any implementing requirements FHWA may
issue.
b. Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the
CONTRACTOR agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the CONTRACTOR agrees to comply with any
implementing requirements FHWA may issue.
c. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act", 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
CONTRACTOR agrees to comply with any implementing requirements FHWA may
issue.
(3) The CONTRACTOR also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FHWA, modified only if necessary to
identify the affected parties.
ARTICLE 42—DISADVANTAGED BUSINESS ENTERPRISES (DBE)
(1) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The City's specific contract goal for DBE participation on this project has
been established at 10.25%.
(2) The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
18
CONTRACTOR to carry out these requirements is a material breach of this Contract, which may
result in the termination of this Contract or such other remedy as The City deems appropriate.
Each subcontract the CONTRACTOR signs with a subcontractor must include the assurance in
this paragraph (see 49 CFR 26.13(b)).
(3) The CONTRACTOR will be required to report its DBE participation obtained through race-
neutral means throughout the Term of Contract.
(4) The CONTRACTOR is required to pay its subcontractor (s) performing work related to this
contract for satisfactory performance of that work no later than 15 calendar days after the
CONTRACTOR's receipt of payment for that work from The City. In addition, the
CONTRACTOR may not hold retainage from its subcontractors.
(5) The CONTRACTOR must promptly notify The City, whenever a DBE subcontractor performing
work related to this Contract is terminated or fails to complete its work, and must make good
faith efforts to engage another DBE subcontractor to perform at least the same amount of work.
The CONTRACTOR may not terminate any DBE subcontractor and perform that work through
its own forces or those of an affiliate without prior written consent of The City.
ARTICLE 43—INCORPORATION OF FEDERAL TERMS AS REQUIRED BY THE UNITED
STATES DEPARTMENT OF TRANSPORTATION(USDOT)'
The preceding provisions include, in part, certain Standard Terms and Conditions required by USDOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by USDOT, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Contract. The CONTRACTOR shall not perform any act, fail to perform
any act, or refuse to comply with anything The City requests which would cause The City to be in
violation of the USDOT's terms and conditions.
ARTICLE 44—ENERGY CONSERVATION
The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
ARTICLE 45—DEBARMENT AND SUSPENSION
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is
required to verify that neither the CONTRACTOR, its principals as defined at 49 CFR 29.995, or
affiliates as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and
29.945.
The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its proposal, CONTRACTOR certifies as follows: The certification in this
clause is a material representation of fact relied upon by The City. If it is later determined that the
CONTRACTOR knowingly rendered an erroneous certification, in addition to remedies available to The
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
19
City of Aspen, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The CONTRACTOR agrees to comply with the requirements of 49 CFR
29, Subpart C throughout the Term of Contract. The CONTRACTOR further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
ARTICLE 46—FLY AMERICA REQUIREMENTS
The CONTRACTOR agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air
carriers for U.S Government-financed international air travel and transportation of their personal effects
or property, to the extent such service is available, unless travel by foreign air carrier is a matter of
necessity, as defined by the Fly America Act. The CONTRACTOR shall submit, if a foreign air carrier
was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag
air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event,
provide a certificate of compliance with the Fly America requirements. The CONTRACTOR agrees to
include the requirements of this section in all subcontracts that may involve international air
transportation.
ARTICLE 47—TITLE VI
During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in
interest agrees as follows:
(1) Compliance with Regulations: The CONTRACTOR shall comply with the regulations relative
to non-discrimination in federally assisted programs of the United States Department of
Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (the "Regulations"), which are herein incorporated by reference and
made a part of this Contract.
(2) Non-discrimination: The CONTRACTOR, with regard to the Work performed by it during the
Contract, shall not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The CONTRACTOR shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
Contract covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, including procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the CONTRACTOR for
Work to be performed under a subcontract, including procurements of materials or leases
of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR
of the CONTRACTOR's obligations under this Contract and the Regulations relative to non-
discrimination on the grounds of race, color, or national origin.
(4) Information and Reports: The CONTRACTOR shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
detennined by THE CITY or the Federal Transit Administration ("FTA") to be pertinent
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
20
ti
to ascertain compliance with such Regulations, orders and instructions. Where any information
required of the CONTRACTOR is in the exclusive possession of another who fails or refuses to
furnish this information the CONTRACTOR shall so certify to THE CITY, or the FHWA as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the CONTRACTOR's non-compliance with non-
discrimination provision of this Contract, THE CITY shall impose contract sanctions as it or the
FHWA may determine to be appropriate, including but not limited to:
(6) Withholding of payments to the CONTRACTOR under the Contract until the CONTRACTOR
complies; and/or
(7) Cancellation, termination, or suspension of the Contract, in whole or in part.
(8) Incorporation of Provisions: The CONTRACTOR shall include the provisions of paragraphs (1)
through (6) of this Article in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
CONTRACTOR shall take such action with respect to any subcontract or procurement as The
City or the USDOT may direct as a means of enforcing such provisions including sanctions for
non-compliance provided, however, that in the event the CONTRACTOR becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
CONTRACTOR may request The City enter into such litigation to protect the interests of The
City, and, in addition, the CONTRACTOR may request the United States federal government to
enter into such litigation to protect the interest of the United States.
[Remainder of page intentionally blank]
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
21
i
IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the
day and year above first written.
SCOTT A.LINDENAU,ARCHITECT,P.C. d.b.a. CITY OF ASPEN
STUDIO B ARCHITECTURE&INTERIORS ho6r-� V
$y: By; L l
Gilbert Sanchez,AIA Stephen H.Barwick
Principal Aspen City Manager �
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Contractor Address: Address:
501 Rio Grande Place, #104 130 South Galena
Aspen,Colorado 81611 Aspen, Colorado 81611
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APPROVED AS TO FORM AND
LEGALITY j
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,-"James R.True
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Aspen City Attorney C
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Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
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22 f
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EXHIBIT A
SCOPE OF SERVICES
[Excerpted from Solicitation No. 13-051, Part I1 Scope of Services]
The entire range of services required to reach the Project Milestones should be identified by the
Proposer. The following list is not intended to be a comprehensive or exclusive list of all services to be
provided during the contract term. Proposers are encouraged to include subcontractors on their teams
that can provide all of the listed services, in addition to those that are self-identified. The key project
milestones are displayed in the table below.
Proposers are expected to assess their ability to meet milestones and prepare a work plan to achieve the
milestones before proposing. Alternative approaches and milestones that achieve a building permit by
the end of March 2015 are open for negotiation.
Proposer is expected to describe their approach and capacity to meet the Expected Completion
dates listed in the table below:
Preliminary Design Completed October 2013 Completed by Schematic Design
Team
Final Design Notice to Proceed December 2013
FIR Design January 2014
FOR Design July 2014
Final Land Use Permit Approvals November 2014
Development Documentation December 2014
Recordation
Building Permit Application December 2014
Construction Begins Mid April 2015
Construction Stops/Completed Thanksgiving 2015
2.1.1 The successful Proposer is expected to perform all tasks associated with the design and
permitting of the Rubey Park Transit Center renovations that allow construction to begin by not
later than mid-April 2015:
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
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2.1.1.1 Administration
TASKS NOTES ON TO
Manage Subcontractors
Lead Weekly Team Meetings
Prepare monthly Status Reports
Coordinate Scheduling with other City Projects
Contract Administration
Design Quality Control
Public Presentations and Outreach:
• Two (2)public Open Houses;
• Six to eight(6-8)public hearings;
• Two (2)presentations to community
groups; and,
• Two (2)presentations to Funding Partners
2.1.1.2 Civil Engineering
• FIR Design
• Geometry
• Utilities
• Site
• Drainage
• Stormwater
• Structures
• Geology
• Traffic Control
• Electrical
• Mechanical
• Lighting
• Snowmelt(possible)
• Structural
• ADA/Pedestrian Access
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
24
1 .
Consultation and Review with impacted agencies &
departments:
• Engineering,
• Parks,
• Transportation,
• Utilities,
• Parking, and
• RFTA
• FOR Design
• Geometry
• Utilities
• Site
• Drainage
• Stormwater
• Structures
• Geology
• Traffic Control
• Electrical
• Mechanical
• Lighting
• Snowmelt(possible)
• Structural
• ADA/Pedestrian Access
Drawings for Permit Set, Bid Set, Construction Set
Plats and Plans needed to achieve Land Use and
Building Permits
Construction Management Plan
As-Built Survey
Other services customarily provided for PUD and
Building Permit
Comprehensive Drainage Plan and Design —
Following the City's Urban Runoff Management
Plan
Geotechnical survey and pavement design—
construction recommendations for earthwork and
construction recommendations for bituminous or
concrete pavements
Memorandum of Design Utilities— contact impacted
utility companies or districts and share FIR and FOR
designs with these companies
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
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2.1.1.3 Landscape Architecture
FIR Design landscape, irrigation,
wayfinding, outdoor fixtures and
furnishings, specifications to allow cost
estimation
FOR Design landscape,. irrigation,
wayfinding, outdoor fixtures and
furnishings, specifications to allow cost
estimation
Consultation and Review of FIR and
FOR design with City and RFTA staff
Visual Aids for permitting and
presentations — Colored 24 x 26 site
plans with landscaping, fixtures, and
furnishings and two vignette drawings
depicting the sense of place at site.
Other services customarily provided for
PUD and Building Permit
2.1.1.4 Transportation Planning
TASKS NOTES ON ABILITY TO
FIR Circulation, Staging, and
Loading/Unloading Transit Plans
Consultation and Review with City and
RFTA staff
FOR Circulation, Staging, and
Loading/Unloading Transit Plans
Final Quality of Service Traffic Plan
Other services customarily provided for
PUD and Building Permit
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
26
2.1.1.5 Architecture
FIR Building Plans for Cost
Estimation, Staff Review, Commercial
Design Review and PUD Preparation
60% Building Plans for Cost
Estimation
FOR Building Plans
Interior and Exterior Lighting Plan
Commercial Design Review Set
Bid Set
Construction Set
Materials Palette and Visual Aids for
Pennitting and Presentations
Other services customarily provided for
PUD and Building Permit
Construction Phase Quality Control and
Acceptance
Building Operations and Maintenance
Manual
2.1.1.6 Land Use Planning
T,XSKS NOTES ON ABILITY TO
Pre-Application and DRC Meetings
Coordinate and Prepare Applications
for Planned Unit Development, Growth
Management Commercial Design
Review Historic Review (if needed)
Address Issues raised by Staff and
Public
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
27
TASKS NOTES ON' ABILITN' TO
Represent City as Applicant in
Hearings, Legal Notice Compliance
Other services customarily provided for
PUD and Building Permit
Prepare and file Development Plan and
Agreement
2.1.1.7 Independent Construction Cost Estimation
FASKS NOTES ON ABILITY TO
Cost Estimation of 60%Design
Value Engineering Analysis
2.1.1.8 Construction Services-By Relevant Team Member
Onsite Inspections
Construction RFI and RFP support
Submittal Reviews
Quality Assurance
Materials Testing
2.1.1.9 Energy
TASKS NOTES ON AMLITY TO
Assessment of FIR Design and
Recommendation to Design Team for
Energy-Efficiency and Renewable
Energy
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants:CDOT FASTER;FHWA Federal Lands Access Program
28
TASKS
NOTI"s ON AMLITY TO
FOR Bid Set and Construction Set
Plans and Specifications, as needed
Operating Manual for achieving Energy
Savings
Post-Occupancy Commissioning
2.2 Special Project Requirement. All work is to be performed under the direction and supervision,
appropriate to the task, of a Colorado-Licensed Professional Engineer, a Colorado-Licensed
Professional Land Surveyor, a Colorado-Licensed Architect, a Colorado-Licensed Landscape
Architect, a Colorado-Certified Industrial Hygienist, or, as appropriate, any combination of the
foregoing.
The Land Use Approval timeline is Staffs best guess at this time. Proposers should be prepared to
be flexible, as the process is heavily dependent upon a variety of factors, including
• The ability to get on an agenda;
• Changes to the PUD process currently under review by the Aspen City Council, and
• The extent of comments from various review boards.
Proposers should indicate how they will effectively navigate the land use process through the
Historic Preservation Commission (HPC), Planning & Zoning Commission (P&Z), and Aspen City
Council. Staff anticipates the following reviews will be required for this process, though
consolidation of Conceptual and Final PUD may not be feasible depending on the extent of changes
proposed:
1. Conceptual Design review with HPC;
2. Consolidated Conceptual and Final PUD review and GMQS review with P&Z;
3. Consolidated Conceptual and Final PUD review and GMQS review with City Council; and
4. Final Design review with HPC.
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
29
EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
A. Total Compensation. The contract is a Fixed-Price, Labor Hour contract based upon the
negotiated rates as specified in the attached documents labeled as Exhibit C and Exhibit D.
(1) The document entitled "Attachment B-Detailed Fee Matrix for The Rubey Park Final Design,
November 15, 2013 —(3 pages)," and attached hereto as Exhibit C shall govern charges to
The City for all Services included in the Scope of Work (Exhibit A).
(2) The document entitled"Attachment D-Team Hourly Rates," and attached hereto as Exhibit
D shall govern charges to The City for all Services performed outside of the scope of work,
or"add-on services" as mentioned in Section 2.3 Contract Information of the RFQ.
(3) It is understood by both parties that the maximum compensation under this Contract shall not
exceed Six Hundred Twenty-Four Thousand,Nine Hundred Fifty-Eight and no/100
Dollars($624,958.00). The maximum compensation under this Contract may only be
modified by written agreement of both parties to the Contract in the form of a Contract
Amendment as specified in Article 12 of the Contract.
B. Contract Allocation
CONSULTANT TEAM SERVICE FEE
Studio B Architecture +Interiors Architecture $179,140.00
Bluegreen Landscape Architecture $131,440.00
Bluegreen Planning $ 69,300.00
Sopris Engineering Civil Engineering $121,900.00
Fehr&Peers Transportation Planning $ 14,443.00
KL&A Structural Engineering $ 39,750.00
Beaudin Ganze Consulting Engineers MEP $ 50,085.00
Rider Levett Bucknall Cost Estimating $ 18,900.00
$624,958.00
C. General Terms and Conditions
(1) For full and complete compensation for all work, materials, and services furnished under the
terms of this Contract, the CONTRACTOR shall be paid an amount not to exceed the total
contract budget specified in Section B, above.
(2) The total cost of the Contract shall not exceed the contract budget specified in Section B
above unless The City determines that there is a requirement for a substantial change in the
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
30
scope, character, or complexity of the work from that originally negotiated for the Contract
and issues a Contract Amendment.
(3) The City shall pay the CONTRACTOR for actual Services performed in accordance with
Article 8 of the Contract.
(4) The CONTRACTOR expressly agrees that he shall do,perform and carry out in a
satisfactory and proper manner, as determined by The City, all of the work and services
described in the Contract.
(5) Should the services under the Contract be terminated for convenience by The City,pursuant
to Article 16 of the Contract,the CONTRACTOR shall be paid based upon the percentage of
work completed at the point of termination.
D. Partial Payment. Payment for Services performed under the Contract shall be made based on
actual services completed and substantiated by detailed invoices and other such documentation
that The City may reasonably require. Such invoices and other documentation will be verified
by The City, and payment will be made by The City to the CONTRACTOR in the full amount of
the actual services completed, less the total of all previous payments, up to the amounts
identified in Exhibit B, above.
E. Final Payment. Upon completion, delivery and acceptance of all work contemplated under the
Contract,the CONTRACTOR shall submit one (1)final invoice statement for the balance of the
work performed.
The CONTRACTOR agrees that acceptance of this final payment for the Contract shall be full
and final settlement of all claims arising against The City for work done, materials furnished,
costs incurred, or otherwise arising out of this Contract and shall release The City from any and
all further claims of whatever nature, whether known or unknown, for and on account of said
Contract, and for any and all work done, and labor and materials furnished, in connection with
same.
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
31
EXHIBIT C
SCHEDULE OF CHARGES
[Please see next three unnumbered pages entitled "Attachment B-Detailed Fee Matrix for The Rubey
Park Final Design,November 15, 2013"]
Contract No.: 2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
32
DETAILED FEE MATRIX FOR THE RUBEY PARK FINAL DESIGN
S7UDIO A APMMMU•INTERIORS
ATTACHMENT B
TASKI SIVD' ft.(c-E"
$6—M
—-------------
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33
DETAILED FEE MATRIX FOR THE RLIBEY PARK FINAL DESIGN
STUDIO B ARCHITECTURE+INTERIORS
NOVEMBER 15,2013
TASK STUDIO B)A,chlteclure) BLUEGREEN(Landscape) BIUEGREEN IPIanningl SOPRIS ENGINEERING ICIVII) FEHR&PEERS(T,anspO,tatl0n) KL&A ISt1U[tufal) BEAUDtN GANZE(MEPI RIB ICOSI EStimat ingl TASK TOTALS
S Est.Hrs. $ Est.Hrs. $ Esl.Hrs. $ Ezt.Hrs. $ EzC Nrs. $ Es[.Hrs. $
ARCHITECTURE
FIR Dezig.s 130%Dezignl- $6,500.00 1387
Plans far CDSt Estimation.St aft Review,Commercial Design Review by HPC&
PUD Preparation
FOR Design(6O%Design): $32,540.00
Plans for Cost Estima[i.0 Staff Review,Commercial Design Review by HPC&
PUD Preparation
Consultation&Review of FIR&FOR Uesign with City&RFTA Sca/f $1,20000)swings(.,Perm ll Set,Bid Set&Construction set $58,00000.dding&Negptia[i.n $6,]60.00
al Aitls for Permuting&Prawn I., $6,000.00 40
Task SU b-Total $111,000.00 )40 $0.00 0 $0,00 0 $000 p $000 0 $0.00 $000 0 $0.00 0 $111,00000 740
LAND USE PLANNING
Pre-Application&DRC Meeting $3,160.00 23
Coordinate,Prepare Ayplicalions for PUD,GMOS&Commercial Design Review
by HPC $45,800.OD 339
Al,rest Issues P.-d by Stag Public Included
Represent Clty as Applicant In Hearings&Legal Notice Compliance $1,600.00 12
Prepare/File Development Plan&Agreement $5,400.00 00
Task SUb-Total $0.00 C $Doc 0 $55,96000 415 $000 C SO C. $0.00 0 $0.00 0 $0.00 0 $55,96000 415
INDEPENDENT CONSTRUCTION COST ESTIMATION
cast Estimation pf 6o%Design 5a,] 6z
Value Engineering gnalysis o0 00
$4,)00.00 1a
Task SUb Total $D.00 $D.OD D $D.DD ol $D.DO Cl .""I 0
5.Dol ol $0.00 $13,400.00 96 $13,40000 96
CONSTRUCTION SERVICES
Onsile Observali.ns $6,750.00 45 $3,]00.00 21 $2,500 DO 10 $2,110.00 1] $2,000.00 35
c-111.1tion RFI&RFP Support $9100000 60 $4,900.00 36 $3,50000 25 $3,500.00 27 $4,500.00 35
SubmiUal Reviews $9,000.00 60 $4,800.00 36 $3,500.00 25 $3,500.00 27 $4,500.00 35
Quality Assurance $5,6]000 J. $2,820.00 21 $2.100.00 15 $2,080.00 16 $1,400.00 11
Materials Testing 55,500.00 39
Task SUb-T.lal $30,420.00 203 716,120.00 119 50.00 0 $1),100.00 122 $O.DO $11,250900 87 $12,40000 95-$000-o $87,290.00 626
ENERGY/MEP ENGINEERING
Assessment of FIR Design&Rec.mmentlati0ns to Design Team for Energy
EfOciency&Renewable Energy Included
FIR Design(30%)Design $2,040.00 16
FOR Design(60%Design) $8,611000 67
Consultation&Review of FIR&FOR Design with City&RFTA Staff $520.00 4
Drawings for Permit Set,Bid Set&Construction Set $1],100.00 132
Bidding&Negotiation
$2,300.00 I9
Operation Manual for Achieving Energy Savings
ccupancy Commissioning $52D.00 4
$2,290.00 19
Task SUb Tmal $0.00 0 $0.00 $0.00 $000 0 $0.00 0 $000 0
$33p50.00 25> $0.00 0 $33,450.00 257
2 34
DETAILED FEE MATRIX FOR THE RLIBEY PARK FINAL DESIGN
STUDIO B ARCHITECTURE+INTERIORS
NOVEMBER 15,2013
IKI STU010B Archdecivre) BLUEGREEN UI dscape) BLUEGREEN PI-ii!� SOPRIS ENGINEERING ICivili fEXR►PEERS ITransportatian) KlBA I5[ruclvra0 BEAUOIN GANZE IMEP) RIB ICOSt EStimat'ing) TASK TOTALS
$ fsl.Nrs. $ Ezt.H $ Est.Hrs. $ Est. Est.Hrs. $ Est.Hrs. $ Est,Hrs. $ Est.Hrs. $ 1 EzE Hrs.
STRUCTURAL ENGINEERING
FIR 2¢5:92(3096)2¢5:92
FOR 2eiign(6096 2¢5:92) $1,600.00 12
$6,)40.00 52
nivltation&RF—g,tFlR&F0 Sm,Bpd wit h 1.11 nstru RITA SO
ion Set $520.00 4
Drawings for Permit Set,Bid Set d Construction Set $14,24000 110
Bidding&Negotiation
$1,8)500 14
Tazk SUbTOtal $0.00 0 $2.00 p $0.00 0 $0.00 0 $000 D $24,9)500 192 $2.00 $0.00 0 $24,97500 192
FEE SUB-TOTALI 169,00000 1 112) $124,000.00 919 $63,000.00 467 $115,000.00 821 $]3,130.00 B2 $3),500.00 288 $4),250.00 363 $18,000.00 129
ESTIMATED REIMBURSABLE E%PENSES $10,140.00 $7,440.00 $E,3.WI 1 $6,900.00 $1,313.00 $2,250.00 $2,835.00 $90000
FEE-REIMBUR5ABLE SUB-TOTAL $1)9,14000 $131,440.00 $69,300.00 1 $121,900.00 7$14,443.00 $39,)50.00 $50,085.00 $18,900.00
PROIER TOTAL $624,958.00 4196 hours
35
EXHIBIT D
SCHEDULE OF CHARGES
[Please see next unnumbered page entitled "Attachment D-Team Hourly Rates"]
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
36
ATTACHMENT D
j]
a- fit I ev-I u i e - j v I e?,"''
final design for the rubey park transit center
solicitation no. 13-051
team hourly rates
studio b architecture + interiors Lehr& peers
design P"Incipal $Ill-,,,) [xincippl $�.)00(k!-$315 00
Principai 9 assocs ate S1 ib Gtf)- $230.00
assoc:l ate 'S 12 0.CYO-$19500
.Issocial(�
profp.ct manaqer
sr nin, enqnpe!q-flanne? $125,(YD-$175-CIO
aTchilect S 1201 engl1wrer/pial1r](N $95,00 -$135-00
lnt(mo, OcsigFIC!, 11;12 G s("nic), V?chrlical supjxw S12(1(K,)- 5165 00
irilein SI 001YO-$1.1)5.00
;:id I ni r wt r at oe S6 adTTllrl1St[at!Vf-,,supporl S40- )00 -$126,00
I
wchruc,an SBfia.Clk, - $13000
bluegreen nien $50.00 -$9wjo
lio, 'Is"Joc $1 ki & a, inc.
a-,SDCiale sf naor ';I(-Itf
staff
S160
5125
protect rrf fry c1er S1 10
sopris engineering pros(-)c[ S1 10
S1,00
pr if wfpa. S I S90
Pr1r1,--JPa, sum-y",,, /0
project rllainaU f", Ow lc:rAl
surve y fll all aLJ47rr beaudin gauze consulting engineers
"IF V PY pupf—vts!-v S 19!-,
S:V 010 PlllCjj,
14 5
rider levett bucknall prr):oct r�ngflof-r 5130
(?"Igilwer 11 120
17r, u.ii,ra $1T33 e l $110
IS 1(1 C,11 d S�4(�
Ad diiedi;; d"t
C',-i4d -ywr S80
-v,nio� cost n-i'viag(,i S12 I cad d t c,�hr)idan I i,74
5121 68
S1 V S 5�
citz-fical supp-gi
final design for the rubey park Ira3af cenfer
EXHIBIT E
CONTRACTOR STATEMENT OF QUALIFICATIONS
[Contractor's Statement of Qualifications, including the Best and Final Offer, in response to Solicitation
No. 13-051 Request for Qualifications for the provision of Architectural and Engineering Consulting
Services for the Final Design of the Rubey Park Transit Center is incorporated herein.]
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
38
a r c h i t e c t s
November 15, 2013
VIA EMAIL
Collina D. Washington
Procurement Manager
Roaring Fork Transportation Authority
1340 Main Street
Carbondale, CO 81623
BEST AND FINAL OFFER
SOLICITATION NO. 13-051
A&E CONSULTING SERVICES FOR FINAL DESIGN OF RUBEY PARK
TRANSIT CENTER
Dear Collina:
This letter represents our Best and Final Offer to provide Architectural and Engineering Consulting
Services for the Final Design of the Rubey Park Transit Center in Aspen, Colorado. We are in
receipt of your Request for Best and Final offer dated November 14, 2013, and our responses to
your questions and requests for clarification are incorporated in this letter and the attached
documents.
PROJECT DESCRIPTION
We understand the Project to be the renovation of the existing Rubey Park Transit Center and
specific adjacent Right-of-Ways in the downtown core of Aspen, Colorado as identified on
Attachment A— Rubey Park Project Boundaries. Per Solicitation No. 13-051, the Project requires
the following:
• Design Development and Construction Documents for concrete work, onsite amenities,
and building renovation of the Rubey Park Transit Center, located in Aspen, Colorado
• Construction Cost Estimation and Value Engineering
• Permitting Planned Improvements
Studio B shall provide all professional Consulting Services stipulated in Solicitation No. 13-051.
The Project shall comply with all applicable codes & approvals required by the City of Aspen and
other relevant jurisdictions.
ARCHITECT'S DESIGNATED REPRESENTATIVE
The Architect's Designated Representative is:
Gilbert Sanchez, AIA
Principal
501 Rio Grande Place, Suite 104
Aspen, CO 81611
Phone: 970.920.9428
Fax: 970.920.7822
Email: gilbertCa)-studiobarchitects.net
39
RESPONSIBILITIES OF STUDIO B
• Studio B shall perform these 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.
• Studio B shall perform these services as expeditiously as is consistent with such
professional skill and care and the orderly progress of the Project as outlined in the
attached Project Schedule.
• Studio B shall coordinate these services with those services provided by the Client and the
Client's Consultants if any.
RESPONSIBILITIES OF THE CLIENT
• The Client shall provide relevant information in a timely manner regarding requirements for
the Project.
• The Client shall provide Studio B with any relevant Project Budget information including
periodic updates.
PROJECT SCHEDULE
The Project shall be completed as outlined on Attachment C — Proposed Project Schedule.
PROJECT DELIVERABLES
The Project Deliverables shall include the following:
• Monthly Status Reports
• FIR Documents as required by CDOT or as amended by the Client
• FOR Documents as required by CDOT or as amended by the Client
• Applications & Support Documents as required by the City of Aspen for PUD, GMQS &
Commercial Design Review by HPC
• Building Permit Documents as required by the City of Aspen
• Bidding Documents
• Construction Documents
• Other Deliverables identified in Attachment B— Detailed Fee Matrix for the Rubey Park
Final Design
PROFESSIONAL FEES
The fee for the Design Services outlined in this Proposal shall be six hundred twenty-four
thousand nine hundred fifty-eight dollars ($624,958.00). The estimated fee distribution and
reimbursable expenses are outlined in Attachment B— Detailed Fee Matrix for the Rubey Park
Final Design. The matrix is based on the Consultants' average billing rates and is an estimate
only of anticipated fee distribution for the duration of the Project. The actual circumstances of the
Project may require adjustments to the fee distribution.
The fee breakdown for the Architect and the Consultant Team shall be:
• Studio B Architecture + Interiors (Architecture) $179,140.00
• Bluegreen (Landscape Architecture) $131,440.00
• Bluegreen (Planning) $69,300.00
• Sopris Engineering (Civil Engineering) $121,900.00
40
Best Pnl Fi a' Offer S V tc, N Fags 3
• Fehr& Peers (Transportation Planning) $14,443.00
• KL&A (Structural Engineering) $39,750.00
• Beaudin Ganze Consulting Engineers (MEP) $50,085.00
• Rider Levett Bucknall (Cost Estimating) $18,900.00
Total Fee $624,958.00
The Consultant Team's hourly rates are identified in Attachment D—Team Hourly Rates.
The Client may request work that is beyond the scope of this Proposal which shall be completed
as an Additional Service at the Consultant Team's Hourly Rates or as mutually agreed upon.
EXCLUSIONS
The following are not included in the fee for services outlined above:
1. Permit and Approval Fees required by the City of Aspen or other applicable
jurisdictions.
QUALITY CONTROL
The Studio B Consultant Team shall exercise a professional standard of care to complete the
Project in a timely manner and that satisfies the goals, objectives, program and vision established
by the completed Schematic Design phase. Quality Control is a vital factor in the overall success
of any project and requires both focused input and management. Our process includes the
following:
• Generating a tightly coordinated and approved set of design development documents.
• Careful Production Planning: A Work Plan coordinated with the Project Schedule that
considers the production times required for each task in its appropriate phase and
coordinating each of the consultant's production schedules.
• Consistent Documentation Standards: The establishment of documentation standards (in
conjunction with the Client's standards) such as drawing formats and specification formats.
• Maintaining Current Documents and Tracking Revisions: As updates of documents are
issued, dates and reasons for revisions are noted on the sheets. These revisions and
issues are further listed in a master list of documents maintained by Studio B as part of the
project manual.
• CAD drawings files are shared to insure each Consultant shares the other's most current
information. Common sheets are combined on the computer and inconsistencies easily
identified.
• Team Coordination Meetings: Meetings to document coordination and revision issues, to
review schedules, budgets, design criteria, permitting, etc. shall be schedule at Project
milestones. The Client or the Client's representative may elect to participate in these
meetings. These are expected to occur prior to the conclusion of 30% Design, 60% Design
& 90% Design.
• Program & Document Checklists: Studio B develops custom checklists for each Project to
assist in the verification of Program compliance and that documents are coordinated and
comprehensive.
41
Bes'E and ; Offer I I itch'`:?#t s a Page'a
Offered by:
*qj-6
Gilbert Sanchez, AIA
Principal, Studio B Architecture + Interiors
501 rio grande place suite 104 aspen co. 81611 970.920.9428 fax 970.920.7822
w w w .stud iobarchitects.net
42
' r
ATTACH M ENT A
3i3
i�
!i
I
off-site improvements E
a.
h
rubey park project boundaries
43
a
ATTACHMENT C
arcn�t s proposed project schedule
architecture a nteri�ar
i
i
D J F M A M J J A S 0 N D J F M A -0 N
E ` PR GRAM + SCHEMATIC DESIGN C NEI (VIA ION
P'ugy nt:r vtg &F r,iM1 iHi Cyr° i i asu'si
• r on,i lxt
' DESIGN DEVELOPMENT"
R �nE Bu! 1 ng
t`{ °irvF Rut 1 ria r' rrr s
ve,n r a F,in irry " a . it si.1P_e
E:cfinp C of I t ",11, r iS
Earl I �.r S r_:n :u�tyr,y
s �tl Jf-[1mf r7l]f F
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COtST UCTION DOCL MEN TS
.
r r)rt ult pt i
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CONSTRUCTION A MINI TR TIO
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final design for the rubey park traUt center
4k
EXHIBIT F
SOLICITATION DOCUMENTS
[Solicitation No.13-051 Request for Qualifications for the provision of Architectural and Engineering
Consulting Services, fully conformed, is wholly incorporated herein by reference.]
Contract No.:2013-142
Solicitation No.: 13-051 Rubey Park Final Design
Grants: CDOT FASTER;FHWA Federal Lands Access Program
45