HomeMy WebLinkAboutresolution.council.070-21 RESOLUTION #70
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CUSHING TERRELL, 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 Agreement
Between Owner and Architect between the City of Aspen and Cushing Terrell, 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 Agreement
Between Owner and Architect between the City of Aspen and Cushing Terrell, a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 271h day of July, 2021.
Torre, Mayor
I, Nicole Henning, 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 July 27, 2021.
Nicole Henning, City Clerk
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EXHIBIT A - CONTRACT WITH EXHIBITS
-a� Document B132 - 2009
Standard Form of Agreement Between Owner and Architect, Construction Manager as
Adviser Edition
AGREEMENT made as of the 27th day of July in the year 2021
(In words, indicate day, 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 status, 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
130 South Galena Street Deletions Report that notes added
Aspen,CO 81611 information as well as revisions to the
standard form text is available from
and the Architect: the author and should be reviewed.A
(Name, legal status, address and other information) vertical line in the left margin of this
document indicates where the author
Cushing Terrell has added necessary information
303 E. 17th Ave, Ste 105 and where the author has added to or
Denver CO 80203 deleted from the original AIA text.
This document has important legal
for the following Project: consequences.Consultation with an
(Name, location and detailed description) attorney is encouraged with respect
to its completion or modification.
Aspen"Lumberyard"project as described in Exhibit B City of Aspen Request for This document is intended to be used
Proposals 2021-150 Architecture&Engineering Design Team for the"Lumberyard" in conjunction with AIA Documents
Affordable Housing Development dated April 19,2021 Al32TM-2009,Standard Form of
Agreement Between Owner and
The Construction Manager: Contractor,Construction Manager as
(Name, legal status, address and other information) Adviser Edition;A232m-2009,
General Conditions of the Contract
TBD for Construction,Construction
Manager as Adviser Edition;and
The Owner and Architect agree as follows. C132TM-2009,Standard Form of
Agreement Between Owner and
Construction Manager as Adviser.
AIA Document A232TM-2009 is
adopted in this document by
reference.Do not use with other
general conditions unless this
document is modified.
Init. AIA Document B'132--2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
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 I.
(Paragraph deleted)
§ 1.1.1 The Owner's program for the Project:
(Paragraph deleted)
As described in Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team
for the"Lumberyard"Affordable Housing Development dated April 19,2021,and additionally described in Exhibit A
Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
§1.1.2 The Project's physical characteristics:
(Paragraph deleted)
Aspen"Lumberyard"project site as described in Exhibit B City of Aspen Request for Proposals 2021-150
Architecture&Engineering Design Team for the"Lumberyard"Affordable Housing Development dated April 19,
2021
§ 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1:
Cost of work will be established no later than at the completion of Part 1:Customized Schematic Design
§ 1.1.4 The Owner's anticipated design and construction schedule:
.1 Design phase milestone dates,if any:
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and
July 14,2021
.2 Commencement of construction:
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 2
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and
July 14,2021
.3 Substantial Completion date or milestone dates:
Substantial Completion date will be determined no later than at the completion of Part 6:Construction
Documents
.4 Other:
n/a
§ 1.1.5 The Owner intends to retain a Construction Manager adviser and:
(Note that, if Multiple Prime Contractors are used, the terns "Contractor"as referred to throughout this Agreement
will be as if phtral 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 of the Project not provided elsewhere, such as environmentally responsible
design or historic preservation requirements.)
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.5:
CMa is TBD
§ 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
§ 1.1.1D 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:
TBD
.2 Cost Consultant(if in addition to the Construction Manager):
TBD
.3 Land Surveyor:
TBD
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 3
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
.4 Geotechnical Engineer:
TBD
.5 Civil Engineer:
.6 Other consultants:
§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.4:
(List name, address and other information.)
Laura Dougherty
§1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
§ 1.1.12.1 Consultants retained under Basic Services:
.1 Structural Engineer:
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
.2 Mechanical Engineer:
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
.3 Electrical Engineer:
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
§ 1.1.12.2 Consultants retained under Additional Services:
§ 1.1.13 Other Initial Information on which the Agreement is based:
Owner's anticipated sustainability goals shall be determined through a process as described in Exhibit A Cushing
Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
§ 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 tinder 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.
Init. AIA Document B132"-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA,'
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 4
11:22:12 ET on 07/20/2021 under Order No.9023199266 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
t accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
§ 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 Forth 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.
§ 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
§ 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,except workers'compensation,
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.
Init. AIA Document B132--2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 5
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
§ 2.6.9 Deductible: The Architect shall pay any amounts not covered tinder 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 as described in
attached Exhibit A Coshing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021,and
Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for the
"Lumberyard"Affordable Housing Development dated April 19,2021.
The initial contract includes:
Part l:Customized Schematic Design,and
Part 2:Supporting the Land Use Entitlements Application
As described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July
14,2021,and Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for
the"Lumberyard"Affordable Housing Development dated April 19,2021.
Additional portions of work may be added as the project moves forward,by amendment:
Part 3:Design Development
Part 4: Supporting the Land Use Entitlements Project Review Process
Part 5:Planned Development Documentation
Part 6:Construction Documents
Part 7:Supporting the Building Permit Application Process
Part 8:Construction Administration
Part 9:Project Closeout and Warranty Support
As described in attached Exhibit A Cashing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July
14,2021,and Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for
the"Lumberyard"Affordable Housing Development dated April 19,2021.
Services other than those specified 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.
§ 3.1.4 The Architect shall submit information to the Owner and 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.
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This documentwas produced by AIA software at 6
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
f accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
§ 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance
of non-conforining 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
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.
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,*'AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 7
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
f accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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§ 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.
§ 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
Init. AIA Document B732'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 8
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
of bids or proposals;(3)determining the successfitl 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 froth 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 A232Tm-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.
§ 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
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
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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 tinder,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.
§ 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.
Init. AIA Document B132'—2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 10
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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§ 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
Documents 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.
§ 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
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 1
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08121/2021,is not for resale,is licensed for one-time use only,and may only be used in
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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.)
Refer to Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
Services Responsibility Location of Service Description
(Architect, Owner (Section 4.2 below or in an exhibit
or attached to this document and
Not Provided 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 B252Tm-2007
4.1.10 Value analysis B204T"L-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)
4.1.22 Commissioning B211Tm-2007
4.1.23 Extensive environmentally responsible design
4.1.24 LEED11 certification B214TM-2012
4.1.25 Historic preservation B205Tm-2007
4.1.26 Furniture,furnishings,and equipment design
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 12
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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B253TNt-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;
.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;
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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.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 daring 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
TBD upon addition of construction phase services by amendment
§ 4.3.4 If Part I and Part 2 as described in section 3.1 have not been completed within ten ( 10 )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.
§ 6.3 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.
§ 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.
[nit. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 14
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§ 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 daring 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.
§ 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.
[nit. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 15
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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§ 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 slims when due,tinder this Agreement.The Architect shall obtain similar nonexclusive licenses from the
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
Init. ALA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 16
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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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.Tile 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
tinder 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 eimployees 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 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 GO days
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 17
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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. If 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: (Spec)
§ 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.
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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§ 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.
§ 9.31f 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
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 19
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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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 infortnation 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:
The initial contract includes:
Part 1:Customized Schematic Design,and
Part 2:Supporting the Land Use Entitlements Application
Progress billing,not to exceed,as described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and
appended July 9,2021 and July 14,2021.
Additional portions of work may be added as the project moves forward,by amendment:
Part 3:Design Development
Part 4:Supporting the Land Use Entitlements Project Review Process
Progress billing,not to exceed,as described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and
appended July 9,2021 and July 14,2021.
Additional portions of work may be added as the project moves forward,by amendment:
Part 5:Planned Development Documentation
Part 6:Construction Documents
Part 7: Supporting the Building Permit Application Process
Part 8:Construction Administration
Part 9:Project Closeout and Warranty Support
As described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July
14,2021,and Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for
the"Lumberyard"Affordable Housing Development dated April 19,2021.
§ 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows:
(Paragraph deleted)
Additional services may be added by written amendment
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§ 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:
Additional services may be added by written amendment
§ 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 ten percent( 10 %),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:
Refer to fee schedule in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021
and July 14,2021
Schematic Design Phase percent ( %)
Design Development Phase percent ( %)
Construction Documents Phase percent ( %)
Bidding or Negotiation Phase percent ( %)
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.)
Refer to schedule of rates in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,
2021 and July 14,2021
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;
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 21
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.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.
§ 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 45 days ( )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 antral interest agreed upon.)
3.25% %
§ 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 tinder 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
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 22
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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
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 Worker Without Authorization prohibited—CRS§8-17.5-101 &§24-76.5-101
§ 12.11.1 Purpose. During the 2021 Colorado legislative session,the legislature passed House Bill 21-1075 that
amended current CRS §8-17.5-102(1),(2)(a),(2)(b)introductory portion,and(2)(b)(III)as it relates to the
employment of and contracting with a"worker without authorization"which is defined as an individual who is unable
to provide evidence that the individual is authorized by the federal government to work in the United States. As
amended,the current law prohibits all state agencies and political subdivisions,including the Owner,from knowingly
hiring a worker without authorization to perform work under a contract,or to knowingly contract with a Consultant
who knowingly hires with a worker without authorization to perform work under the contract. The law also requires
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 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.
Init. AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 23
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
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EXHIBIT A - CONTRACT WITH EXHIBITS
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.
5."Worker without authorization"means an individual who is unable to provide evidence that the individual is
authorized by the federal government to work in the United States
§ 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 workers without authorization.
§ 12.11.4 Consultant hereby confirms that:
1.Consultant shall not knowingly employ or contract with a worker without authorization 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 a worker without authorization to perform work under the
Public 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.
40 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 tinder the Public Contract for
Services knowingly employs or contracts with a worker without authorization,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 a worker without authorization: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 worker without authorization;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
a worker without authorization.
§ 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.
Init. AIA Document l3132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This documentwas produced by AIA software at 24
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one time use only,and may only be used in
accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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§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,and employees
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,but only to the extent and for an amount represented by the degree or percentage of negligence,or
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 extent of the Architect's obligation to indemnify
or hold harmless any indemnity obligee may be determined only after the Architect's liability or fault has been determined
by adjudication,alternative dispute resolution,or otherwise resolved by mutual agreement between the Architect and the
indemnity obligee.
§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,
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 forth 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 E201 Tm-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:
(Paragraph deleted)
Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for the
"Lumberyard" Affordable Housing Development dated April 19,2021
Init. AIA Document B732"-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 25
11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
This Agreement is 3q4w*;of the day and year first written above. DoeuSigned by:
.C.016f la.t, Vti l w,tt ,
OWNER(Signature) ARCHITECT(Signature)
Sara Ott Wayne Freeman Principal
(Printed name and title) (Printed name and title)
Init. AIA Document 6132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 26
11:22:12 ET on 07/20/2021 under Order No.9023199266 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only be used in
t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
Additions and Deletions Report for
AIA®Document B 132- —2009
This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added
to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original
AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part
of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by
AIA software at 11:22:12 ET on 07/20/2021.
PAGE 1
AGREEMENT made as of the 27th day of July the year 2021
City of Aspen
130 South Galena Street
Aspen,CO 81611
CushingTrrell
303 E. 17th Ave, Ste 105
Denver CO 80203
Aspen"Lumberyard"proiect as described in Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&
Engineering Design Team for the"Lumberyard"Affordable Housing Development dated April 19,2021
TBD
PAGE 2
„„ „ „
As described in Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team
for the"Lumberyard"Affordable Housing Development dated April 19,2021.and additionally described in Exhibit A
Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
Additions and Deletions Report for AIA Document 13132"-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,*'AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 1
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
Aspen"Lumberyard"project site as described in Exhibit B City of Aspen Request for Proposals 2021-150
Architecture&Engineering Design Team for the"Lumberyard"Affordable Housing Development dated April 19,
2021
(Pr-eN,ide total and,if known,a line item breakdown.)
Cost of work will be established no later than at the completion of Part 1:Customized Schernatic Design
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and
July 14,2021
PAGE 3
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and
July 14,2021
Substantial Completion date will be determined no later than at the completion of Part 6:Constniction
Documents
n/a
[ X Unknown at time of execution
n/a
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
name,
CMa is TBD
Chris Everson,City of Aspen Affordable Housing Project Manager,(970)429-1834,chris.everson0cityofaspen.com
(List name,legal status,addFess and etheF infoFmation.)
Additions and Deletions Report for AIA Document 13732'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 2
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents",Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
TBD
9.2..6,3.22.7,9.3.2,3.3.3 Inc 346 cn 6.3 6.31,c4 and iiG)
TBD
TBD
PAGE 4
TBD
Laura Dougherty
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
As described in Exhibit A Cashing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
As described in Exhibit A Cushing Terrell Proposal dated ME 27,2021 and appended July 9,2021 and July 14,2021
As described in Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended Jttly 9,2021 and July 14,2021
Owner's anticipated sustainabilitygoals shall be determined through a process as described in Exhibit A Cashing
Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
§ 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such
information may materially ehange a* ,^Mange,and in that event,the Owner and the Architect shall appropriately
adjust the schedule,the Architect's services and the Architect's compensation.
PAGE 5
§ 2.6.1 Comprehensive General Liability with policy limits of not less than Two Million dollars($2,000,000)for
each occurrence and in the aggregate for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not
less than F$-3-One Million($ 1,000,000)combined single limit and aggregate for bodily injury and property damage.
Additions and Deletions Report for AIA Document 13132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 3
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail
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EXHIBIT A - CONTRACT WITH EXHIBITS
§ 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:-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,except workers'compensation,
shall contain aprovision 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 sea.,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 tinder these policies because of a deductible on
the insurance policies provided by the Architect.
PAGE 6
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and inelude usual and eustemary
includes services as
described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,
2021,and
Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for the
"Lumberyard"Affordable Housing Development dated April 19,2021.
The initial contract includes:
Part 1:Customized Schematic Design,and
Part 2:Supporting the Land Use Entitlements Application
As described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July
14,2021,and Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for
the"Lumberyard"Affordable Housing Development dated April 19,2021.
Additional portions of work may be added as the project moves forward,by amendment:
Part 3:Design Development
Part 4:Supporting the Land Use Entitlements Project Review Process
Part 5:Planned Development Documentation
Additions and Deletions Report for AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 4
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
Part 6:Construction Documents
Part 7: Supporting the Building Pen-nit Application Process
Part 8:Construction Administration
Part 9:Project Closeout and Warranty Support
As described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July
14,2021,and Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for
the"Lumberyard"Affordable Housing Development dated April 19,2021.
Services other than those specified are Additional Services.
§ 3.1.4 The Architect shall submit information to the Owner and Construction Manager and participate in developing
and revising the Project schedule as it relates to the Architect's services.
PAGE 11
§ 3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Such changes
shall be a€feeted-affected by written order issued by the Architect through the Construction Manager.
PAGE 12
(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.)
Refer to Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
PAGE 14
TBD upon addition of construction phase services by ainendinent
§ 4.3.4 If the seFv ees sevexedbythis A eefflORt haN,e not been eempleted within—( Part 1 and Part 2 as described
in section 3.1 have not been completed within ten ( 10 )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.
PAGE 17
§ 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 binding-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.
PAGE 18
[,XX1 Litigation in a court of competent jurisdiction
PAGE 20
The initial contract includes:
Part 1:Customized Schematic Design,and
Part 2:Supportine the Land Use Entitlements Application
Proeress billing,not to exceed,as described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and
appended July 9,2021 and July 14,2021.
Additional portions of work may be added as the project moves forward,by amendment:
Part 3:Design Development
Additions and Deletions Report for AIA Document 6132"-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 5
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
Part 4:Supporting the Land Use Entitlements Project Review Process
Progress billing,not to exceed,as described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and
appended July 9,2021 and July 14,2021.
Additional_portions of work may be added as the proiect moves forward,by amendment:
Part 5:Planned Development Documentation
Part 6:Construction Documents
Part 7: Supporting the Building Permit Application Process
Part 8:Construction Administration
Part 9:Project Closeout and Warranty Support
As described in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July
14,2021,and Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Env Bering Desi€n Team for
the"Lumberyard"Affordable Housing Development dated April 19,2021.
Additional services may be added by written amendment
PAGE 21
e eF basis e
Additional services may be added by written amendment
§ 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 ten percent( 10 %),or as otherwise stated below:
Refer to fee schedule in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021
and July 14,2021
Refer to schedule of rates in attached Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,
2021 and July 14,2021
PAGE 22
§ 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 45 days ( )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.
3.25% %
Additions and Deletions Report for AIA Document 6132--2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 6document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail
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§12.5 Tax-Exemption. All purchases of supplies,constntction 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 perfonn 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 tinder 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 daring 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,Esg.
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
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 Worker Without Authorization prohibited—CRS 0-17.5-101 &424-76.5-101
§ 12.11.1 Purpose. During the 2021 Colorado legislative session,the legislature passed House Bill 21-1075_that
amended current CRS U-17.5-102(1),(2)(a),(2)(b)introductory portion,and(2)(b)(111)as it relates to the
Additions and Deletions Report for AIA Document 6132"-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 7
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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employment of and contracting with a"worker without authorization"which is defined as an individual who is unable
to provide evidence that the individual is authorized by the federal government to work in the United States. As
amended,the current law prohibits all state agencies and political subdivisions,including the Owner,from knowingly
hiring a worker without authorization to perform work tinder a contract,or to knowingly contract with a Consultant
who knowingly hires with a worker without authorization to perform work under the contract. The law also requires
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 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.
5."Worker without authorization"means an individual who is unable to provide evidence that the individual is
authorized by the federal government to work in the United States
S 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 workers without authorization.
12.11.4 Consultant hereby confirms that:
1.Consultant shall not knowingly employ or contract with a worker without authorization to perform work tinder 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 a worker without authorization to perform work tinder the
Public Contract for Services.
3.Consultant has confirmed the employment eli ig bility of all employees who are newly hired for employment to
perform work tinder the public contract for services through participation in either the e-verifypro@ram or the
department program.
40 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 a worker without authorization,Consultant shall:
1.Notify such subconsultant and the Owner within three days that Constltant has actual knowledge that the
subconsultant is employing or subcontracting with a worker without authorization:and
2.Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to
Additions and Deletions Report for AIA Document 131132--2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 8
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract Documents6 Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
this section the subconsttltant does not stop employing or contracting with the worker without authorization,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 emoloved or contracted with
a worker without authorization.
$ 12.11.6 Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Emnlovtnent 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.
02.12 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.
412.14 Indemnification Architect agrees to indemnify and hold harmless the Cily of Aspen, its officers,and employees
from and against all liability, claims, and demands, on account of injury, loss,or damage, including without limitation
claims arising from bodily iniury personal injury,sickness,disease,death,property loss or damage,or any other loss of
any kind whatsoever,but only to the extent and for an amount represented by the degree or percentage of negligence,or
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 extent of the Architect's obligation to indemnify
or hold harmless any indemni1y obligee may be determined only after the Architect's liability or fault has been determined
by adjudication alternative dispute resolution or otherwise resolved by mutual agreement between the Architect and the
indemnity obligee.
412.15 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,
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 den the effect or enforceability of the Agreement solely because it is in
electronic form or because an electronic record was used in its fonnation. 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.
PAGE 25
Exhibit A Cushing Terrell Proposal dated May 27,2021 and appended July 9,2021 and July 14,2021
Exhibit B City of Aspen Request for Proposals 2021-150 Architecture&Engineering Design Team for the
"Lumberyard" Affordable Housing Development dated April 19,2021
Additions and Deletions Report for AIA Document B132'-2009.Copyright 1992 and 2009 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This 9
document was produced by AIA software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/2112021,is not for resale,is licensed for
one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail
copyright@aia.org.
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EXHIBIT A - CONTRACT WITH EXHIBITS
Certification of Document's Authenticity
AIA® Document D401 -2003
I,Wayne Freeman,hereby certify,to the best of my knowledge,information and belief,that I created the attached
final document simultaneously with its associated Additions and Deletions Report and this certification at 11:22:12
ET on 07/20/2021 under Order No.9023199268 from AIA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA®Document B 132TM—2009,Standard Form of
Agreement Between Owner and Architect, Construction Manager as Adviser Edition,as published by the AIA in its
software,other than those additions and deletions shown in the associated Additions and Deletions Report.
Docusigned by:
U� W), Fvt,t INA,
(Signed)
Principal
(Title)
7/20/2021 1 8:34:20 AM PDT
(Dated)
AIA Document D401- -2003.Copyright®1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"
"AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA
software at 11:22:12 ET on 07/20/2021 under Order No.9023199268 which expires on 08/21/2021,is not for resale,is licensed for one-time use only,and may only
be used in accordance with the AIA Contract Documentse'Terms of Service.To report copyright violations,e-mail copyrightCmaia.org.
User Notes: (1680886642)
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EXHIBIT A - CONTRACT WITH EXHIBITS
Christopher Everson
From: Wayne Freeman <WayneFreeman@cushingterrell.com>
Sent: Wednesday,July 14,2021 9:38 AM
To: Christopher Everson
Cc: Asal Vojdani;Laura Dougherty
Subject: Re:2021-150 Lumberyard Design Team RFP Process H Request for additional
information
Attachments: Updated Fees for Lumberyard Affordable housing-Fees.pdf; Updated Fees for
Lumberyard Affordable housing-hours.pdf, Updated Fees for Lumberyard Affordable
housing-Hrly Rates.pdf
July 14, 2021
Chris Everson
Affordable Housing Development Senior Project Manager
Capital Asset Department
130 South Galena St.
Aspen, CO 81611
RE: Added information Lumberyard Affordable Housing Project
Chris,
Thank you for the continued opportunity to provide additional information about the augmentation of our team
and how we plan to integrate added team members into the overall process. I am in the process of completing
a project here in Basalt today and have limited time but I want to meet your deadline so I will strive to be
thorough but succinct.
We are proposing to add Connect One Design (Cl D)from Aspen/Basalt and Desman from Denver to our
team. You are no doubt familiar with both firms. We think they round out our team and fill critical areas of
need as well as complimenting the talents of our existing team.
We have worked with C 1 D for the past several years throughout Colorado's Western Slopes and have enjoyed
their unique insight of many of Colorado's ski towns. I have personally grown to rely on the C1 D team as
trusted partners and often seek their opinion on projects in Montana, Idaho and other places where we
work. We have a close working relationship and we often enter projects as co-leaders. Heather Henry
routinely leads portions of projects with my full confidence to direct Cushing Terrell project staff as
necessary. She and Nora Bland of Cushing Terrell work seamlessly together leading public outreach portions
of projects. Heather has directed design solutions for a full team of landscape architects, architects, planners
and graphic designers on projects where CT was the project lead. While CT generally is the lead design firm
on projects and responsible for project delivery, I trust Gyles and Heather to direct portions of my staff during
key site planning elements of projects.
C1 D will take the lead on site design and utilize Cushing Terrell landscape architecture staff for support,
documentation and production. We have successfully followed this model previously with our two firms. C1 D
is local and will be a valuable asset as"boots on the ground"throughout the course of the Lumberyard
Affordable Housing Project.
Desman will focus on leading the team in parking design and alternatives. Throughout the project they will
lead design of underground parking structures and parking structure alternatives. We have previously worked
1
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EXHIBIT A - CONTRACT WITH EXHIBITS
with Desman and feel comfortable working as a collaborative team to find the best solution for this very unique
project.
Attached is an updated spreadsheet of our fee proposal. While it is difficult to peer down the road of where the
project may take us we understand it is important to Aspen to be confident of not-to-exceed costs as far into
the design process as possible. We have updated our proposal costs to extend a guaranteed fee for the first
four(4) phases of design. We've included all updated team members into the mix.
Please feel free to call me with questions and/or comments. We are looking forward to getting started and
working with your team on this exciting project.
Best Regards,
CUSHING TERRELL
Wayne Freeman
Principal
Cushing Wayne Freeman PLACLARB
Principal
Terrell,
,'-,406.599.7109 (i� cushingterrell.com
CTA is now Cushing Terrell.
From: Christopher Everson <chris.everson@cityofaspen.com>
Date:Tuesday,July 13, 2021 at 11:25 AM
To:Wayne Freeman <WayneFreeman@cushingterrell.com>
Cc:Asal Vojdani<asal.vojdani@cityofaspen.com>, Laura Dougherty<Laura Dough erty@cushingterrell.com>
Subject: RE: 2021-150 Lumberyard Design Team RFP Process H Request for additional information
Wayne,
On behalf of our team,thank you very much for taking the time to assemble your thorough response to the City of
Aspen's request for additional information.
Our team would like to request at this time that you please update your proposed tables of rates, hours and fees(pages
74-79 of your proposal dated May 27,2021)to include the team augmentation for Community Outreach and Parking
Consultant as discussed in your clarification letter dated July 9, 2021. Please include a description of the services and
benefits that the team augmentation would bring to the project process.
Please also re-iterate,to the extent that you are able,your commitment to any portions of scope for which rates, hours
and fees are guaranteed not to exceed—for each part of the scope where you are able to do so.And describe any
additional modifications which you see fit to include in your updated offer.
We hope to have your response by end of day,Wednesday,July 14. However,this being very short notice, please let us
know if an additional day would be necessary to prepare and submit these materials.
Thank you for your continued participation and patience as we move forward with this process.
2
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EXHIBIT A - CONTRACT WITH EXHIBITS
-Chris
c•};fir.j'��
4
IUN
Chris Everson
Affordable Housing Development Senior Project Manager
Capital Asset Department
130 South Galena St.
Aspen, CO 81611
p 970.429.1834
c 970.319.7529
chris.everson@citvofaspen.com
From:Wayne Freeman<WayneFreeman@cushingterrell.com>
Sent: Friday,July 9,20218:48 AM
To:Christopher Everson<chris.everson@cityofaspen.com>
Cc:Asal Vojdani<asal.vojdani@cityofaspen.com>; Laura Dougherty<LauraDougherty@cushingterrell.com>
Subject:2021-150 Lumberyard Design Team RFP Process H Request for additional information
Chris,
Thank you for the opportunity to submit additional information about our team regarding your questions. Attached you
will find our responses as well as additional graphic information and example projects relative to contextual design in a
few other mountain communities. I am taking the opportunity of send you a file share separate from this email that
contains a presentation on schematic design for the Montana Heritage Center recently completed for funding in Helena,
MT. Many of the same Cushing Terrell staff that are on our team for the Lumberyard project developed the Heritage
Center. I think it conveys much of our early design process, how we approach sustainability goals and particularly what
goes into successful public outreach and diverse and often competing client structures. It's a large file so look for the file
share email that will allow you to download the presentation.
We are honored to be considered a finalist for this project. The Lumberyard Affordable Housing project meets so many
elements of our firm goals on doing business. It gives us an opportunity to continue our pursuit of helping ordinary
people better their lives by providing creative,functional and affordable housing. Equally important,it will challenge our
team to look deep into our sustainability knowledge-base to craft a plan in the affordable housing sector that treads
lighter on the planet.
It's always good to talk face to face on big decisions. I'm happy to be in Aspen with a little notice. If you're available
Tuesday or Wednesday I will be in town next week arriving Monday afternoon.
On behalf of our team,thanks again.
Wayne
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DocuSign Envelope ID:4AFA2443-E5D0-4941-89E0-AAOBA8D37FE7
EXHIBIT A - CONTRACT WITH EXHIBITS
Architecture & Engineering Design Team
for the
"Lumberyard" Affordable Housing Development
2021-150
CITY OF ASPEN, COLORADO
i
- s ',�. �,,. W �: -� gyp:,•_"� ,.r,^! '4-
7
yG-' u. •�'�f
City of Aspen
, 130 South Galena Street
A�P� Aspen,CO 81611
(970)920-5000
CITY OFASPEN www.cityofaspen.com
Date Issued:April 19,2021
Proposals Due: May 27,2021,2:OOPM MDT
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REQUEST FOR PROPOSALS
Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website
(www.bidnetdirect.com) until 2:OOpm (MDT), May 27, 2021, at which time the proposals will be opened and
reviewed, for the following City of Aspen project: 2021-150 Architecture & Engineering Design Team for the
"Lumberyard"Affordable Housing Development.
The City of Aspen ("City") has begun a design process for a large-scale affordable housing development at City-
owned property in Aspen and Pitkin County, Colorado ("Project"). To this point, three rounds of community
outreach have been completed, and a conceptual master plan has been developed. This Request for Proposals
("RFP") seeks proposals for Architecture & Engineering ("A&E") Design team services for the remainder of the
City's role in developing the Project.
As currently conceived, the Project includes but may not be limited to development of 310 units of affordable
housing in numerous multifamily buildings on four adjacent City-owned properties totaling 10.5 acres. Design
considerations include further program development and sensitivities related to density,height and massing along
with additional characteristics such as landscape area,traffic and parking, neighborhood character, noise and air
quality,energy efficiency&sustainability,childcare,implementation phasing and community uptake.
There will be a pre-bid conference at 10:OOAM on April 23, 2021. Complete RFP documents are available to
download at www.bidnetdirect.com. Candidates must be registered to view the bid packages.There is no fee to
register.Call 1-800-835-4603 if you need assistance registering. Proposals must be submitted by uploading to the
Bidnet Direct website.
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 accept a late
submittal or 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. Candidates should
identify any portion of their proposals which they consider confidential.
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.
City of Aspen
130 South Galena Street
Aspen,CO 81611
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1.0 INTRODUCTION.......................................................................................................................................3
1.1 INVITATION TO PROPOSERS.......................................................................................................3
2.0 PROJECT DESCRIPTION............................................................................................................................4
2.1 PROCESS SUMMARY...................................................................................................................4
2.2 PROJECT SITE..............................................................................................................................5
2.3 PROJECT INTRODUCTION ...........................................................................................................6
2.4 CURRENT PROGRESS..................................................................................................................7
2.5 TECHNICAL STUDIES...................................................................................................................8
3.0 SCOPE OF SERVICES.................................................................................................................................9
3.1 PART 1:CUSTOMIZED SCHEMATIC DESIGN................................................................................9
3.2 PART 2:SUPPORTING THE LAND USE ENTITLEMENTS APPLICATION.......................................16
3.3 PART 3:DESIGN DEVELOPMENT...............................................................................................17
3.4 PART4:SUPPORTING THE LAND USE ENTITLEMENTS PROJECT REVIEW PROCESS.................18
3.5 PART 5: PLANNED DEVELOPMENT DOCUMENTATION............................................................19
3.6 PART 6:CONSTRUCTION DOCUMENTS....................................................................................19
3.7 PART 7:SUPPORTING THE BUILDING PERMIT APPLICATION PROCESS....................................21
3.8 PART 8:CONSTRUCTION ADMINISTRATION ............................................................................21
3.9 PART 9: PROJECT CLOSEOUT AND WARRANTY SUPPORT........................................................24
4.0 RFP PROCESS.........................................................................................................................................25
4.1 QUESTIONS...............................................................................................................................25
4.2 RFP SCHEDULE..........................................................................................................................25
4.3 PROPOSAL SUBMISSION AND FORMAT...................................................................................26
4.5 EVALUATION CRITERIA.............................................................................................................26
5.0 PROPOSAL CONTENT AND FORMAT......................................................................................................26
5.1 LEAD FIRM AND TEAM QUALIFICATIONS.................................................................................26
5.2 RELEVANT PROJECT EXPERIENCE.............................................................................................27
5.3 ADDITIONAL EXPERTISE SOUGHT......................................................................................28
5.4 PROPOSED HOURLY RATES,HOURS AND FEES,SCHEDULE,CONTRACT, INSURANCE......28
6.0 ADDITIONAL REQUIREMENTS................................................................................................................29
6.1 CONTRACT................................................................................................................................29
6.2 INSURANCE...............................................................................................................................29
6.3 INTERESTS OF THE CITY OF ASPEN...........................................................................................30
6.4 CONFIDENTIALITY.....................................................................................................................30
7.0 LIST OF ATTACHMENTS.........................................................................................................................30
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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 community where
they work. Planning for new affordable workforce housing is necessary not only to offset the effects of job growth
and retirement, but also to offset the loss of workforce housing in the free market due to luxury redevelopment
and conversion of long-term local rentals to short-term luxury rentals.
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 contributes to visitors returning to the Aspen area year after year.
1.1 INVITATION TO PROPOSERS
The purpose of this Request for Proposals (RFP) is to solicit proposals for Architecture & Engineering ("A&E")
Design team services for the remainder of the City's role in developing the Project.
The Project will be a multi-year effort,and the City of Aspen may remain the developer of the Project(or portions
of the Project),or the City may enter into agreements with(a)private developer(s)who may ultimately implement
the Project(or portions of the Project).
The initial contract award for this RFP will include only Part 1 as described in Section 3.0 Scope of Services.
Additional portions of scope are anticipated to be added as additional services as the project moves forward.
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.
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2.1 PROCESS SUMMARY
Beginning June 2019,the goal of the lumberyard conceptual master plan effort was to create community-vetted
conceptual design alternatives for the development of affordable housing at the City's 10.5-acre lumberyard
property.An initial round of community outreach occurred fall 2019,and a second round occurred in early 2020.
At an Aspen City Council ("Council") work session in July 2020, the project team presented its initial conceptual
master plan options,and Council provided the team with direction for plan refinements aiming toward 300+units.
The team later presented preliminary results of the third round of community outreach in October 2020, and
Council agreed directionally to pursue underground parking,some four-story massing in key areas,increasing the
number of 1- and 2-bedroom units, an increase to the amount of ownership units, including childcare on site,
allowing the adjacent Aspen Airport Business Center ("AABC") to provide commercial services via free market
opportunities, and paring back a proposed co-living portion of the project - all while maintaining 300+ units on
the site.
The project team subsequently presented the final results of the third round of community outreach in November
2020 along with a refined 310-unit conceptual master plan, and Council expressed trepidation about numerous
characteristics of the 310-unit plan. Primary concerns included the use of 100% underground parking and the
demographics of the project's target user mix(i.e."who is this housing for?").Council also expressed a preference
to maintain a schedule which could allow for construction to begin in 2024.
At a Council work session on March 8, 2021, staff proposed to issue an RFP to facilitate selection of a full A&E
design team and for continuing the design process into the SD phase-but to do so with a customized SD scope of
work which would begin with a 'parking alternatives analysis'to respond to the Council's concerns about the use
of 100%underground parking.
It should be noted that the City expects to issue an RFQ for Public-Private Partnership ("PPP") development and
financing interest near the end of the SD design phase.This could lead to City negotiations with private developers
who may at some point take over the design and entitlements process.This approach is TBD, and any potential
development partnerships may or may not materialize.The City currently intends to stay on a path toward a 2024
construction start,whether or not a private developer is later brought on board via agreements with the City. In
the event that no private development ends up being part of the process,the City may likely continue in the role
of developer as it has in the past for many such affordable housing developments in Aspen.
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2.2 PROJECT SITE
The project site address is 38005 Colorado Highway 82,Aspen,CO 81611 and is approximately 3.5 miles northwest
of downtown Aspen,as illustrated in the image below:
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As shown on this context map on the project website,the site is located in close proximity to the Pitkin County
Airport and the Aspen Airport Business Center.The 10.5-acre site is made up of four adjacent parcels which are
anticipated to be consolidated into a single project site as part of the entitlements process. Each parcel is owned
by the City of Aspen,and descriptions are available for each below,from north to south:
105 AABC is 2.976 acres in area and currently has a mini storage facility operation on the site.The City of Aspen
purchased the site in 2020, along with the existing mini storage operation. The property is currently not within
Aspen City limits but meets the criteria for annexation and is expected to be annexed into the City as part of the
entitlements process. The City plans to discontinue the mini storage operation and develop the property for
affordable housing.
37925 HWY 82 is 3.1 acres in area and is currently the northern portion of the Builders FirstSource lumberyard
operation. The City purchased the property in 2002 for the purpose of developing affordable housing and has
continued to lease the property to the lumberyard operator since the time of purchase.This parcel was previously
annexed into the City of Aspen,and the City plans to terminate the lumberyard operator's lease and develop the
property for affordable housing.
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38005 HWY 82 is 1.64 acres in area and is currently the southern portion of the Builders FirstSource lumberyard
operation. The City purchased the property in 1997 for the purpose of developing affordable housing and has
continued to lease the property to the lumberyard operator since the time of purchase.This parcel was previously
annexed into the City of Aspen,and the City plans to terminate the lumberyard operator's lease and develop the
property for affordable housing.
PARCEL ID 273503100805 has been owned by the City of Aspen since 2002 and was also previously annexed into
the City of Aspen. The property is partly covered by a conservation easement, and the language in the
conservation easement specifically allows the property to be developed up to the toe of the slope of Deer Hill.
The developable area is approximately 2.75 acres, and the City plans to subdivide the developable portion and
consolidate it into the project site to be used for the development of affordable housing.
2.3 PROJECT INTRODUCTION
The Lumberyard project will be a significant addition to the inventory of affordable housing in the Aspen and Pitkin
County Community and could be as much as 10%of the inventory once fully implemented.And as potentially the
largest affordable housing development in the Aspen and Pitkin County community,as well as the project crucial
visual impact as part of the entrance to Aspen experience, this project will be of great community focus and
attention.
Please note that some of the information on the project website is out of date and should be supplemented as
described in the notes listed below:
Note 1:The most up-to-date 310-unit plan which was presented to City Council on November 23,2020 is not
shown on this web page and is instead available here.
Note 2:The most up-to-date presentation for the current 310-unit plan from the November 23,2020 Aspen City
Council work session is not is not shown on the project website and is instead available here.
Note 3: The most up-to-date Outreach 3 Summary Report which was presented to Aspen City Council on
November 23,2020 is not shown on the project website and is instead available here.
The project website at www.aspenlumbervard.com includes the following pages which contain a significant
amount of background information about project work completed to date:
Home — Flyover view of the project site which illustrates proximity to Deer Hill, CO Hwy 82 and Pitkin County
Airport
Proiect Intro—Includes a 3-minute project introduction video as well as project themes and a project timeline
Conceptual Plans—Prior to fall 2020,studies had ranged from 140 units with two-and three-story buildings and
100%surface parking up to 500+units with four-story buildings and 100%underground parking. Concept Studies
A, B and C shown on this page were based on feedback from Council in July 2020 and were further refined based
on preliminary results of the outreach 3 effort in fall 2020.These plans were presented to Council in October 2020
and are representative of Council's process of zeroing in on the 300+unit range of density.
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Events—The events from the third round of community outreach in fall 2020 are listed,and there are virtual open
house videos which provide additional information about the process which was occurring at the time.
Document Library—This page provides additional documents which were pertinent throughout 2020, including
maps,early massing studies and conceptual unit plans. Numerous reports are available here as well,including the
Greater Roaring Fork Regional Housing Study Colorado Dept. of Transportation Highway 82 Access Control Plan,
and Summary Reports for Outreach 1 and Outreach 2. Numerous additional presentations are also included, up
to the October 26,2020 Aspen City Council work session.
2.4 CURRENT PROGRESS
The current status of the Lumberyard affordable housing design process is at a stage between conceptual master
planning and schematic design.The most recent 310-unit conceptual site layout is shown below and is part of the
310-unit conceptual master plan.
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PARKING ENTRANCE
The access roadways in the conceptual masterplan are designed to comply with the Colorado Dept. of
Transportation (CDOT) access control plan (ACP)for this area of Colorado State Highway 82.The entrance to the
Lumberyard site,adjacent to Mountain Rescue,is noted on the CDOT ACP as"BMC West".The section of frontage
road noted on the CDOT ACP which connects "BMC West" and "AABC 200", which is shown on the masterplan
above, does not exist today. Based on feedback throughout the community outreach effort, this seamless
connection with the AABC considered crucial for neighborhood integration and community uptake.The CDOT ACP
also call for a fully controlled intersection at the entrance to the Lumberyard site.
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The residential program included in the 310-unit conceptual masterplan is as follows:
Rental Units: Ownership Units:
48 Studio Units 401-Bedroom Units
1001-Bedroom Units 42 2-Bedroom Units
64 2-Bedroom Units 16 3-Bedroom Units
The plan includes 432 underground parking spaces,which is based on the Aspen municipal code requirement of
1 parking space per bedroom for studio-and 1-bedroom units and 2 parking spaces per unit for 2-and 3-bedroom
units.Any reduction to the code-required parking quantity would be a decision of Aspen City Council instead of a
project team decision. If the project team can provide information to Council that parking reductions would be
warranted,and if Council can become fully confident that impacts of any proposed amount of parking reduction
could be appropriately mitigated,then it may be possible to reduce the parking space quantities.
The current plan includes about 33% open site landscape area with a mixture of about three-quarters 3-story
buildings and one-quarter 4-story buildings. The plan also includes a shuttle station and community lawns and
play areas. To this point, City Council has decided to allow commercial services to be provided via free market
opportunities at the adjacent AABC,although there is a childcare facility currently shown on the plan,adjacent to
the AABC,which is considered a crucial component of the project.
At one point in the process, the ownership units were all located at the south end of the site, but based on
feedback from the community outreach effort, the quantity of ownership units was increased, and due to that
increase,the ownership units were moved to the east side of the site.
When Aspen City Council reviewed the most recent 310-unit conceptual master plan on November 23, 2020,the
primary concerns cited were the use of 100% underground parking and the tight spacing among some of the
buildings.
Council also expressed some concern about building heights and orientation and a desire to push the ownership
units back to the south end of the site, if possible. Other concerns cited at the time were about noise mitigation
and about the demographics of the project's target user mix(i.e. "who is this housing for?").Council additionally
expressed a desire to see innovation used to solve problems and also expressed a preference to maintain a
schedule which could allow for construction to begin in 2024.
Proposed actions for satisfying the concerns cited are described in the "Scope of Services"section below.
2.5 TECHNICAL STUDIES
In addition to traffic and parking, and due to the close proximity to Hwy 82 and the Pitkin County Airport,there
have been concerns raised about noise and air quality.This package of preliminary technical studies includes the
following:
• Preliminary Technical Studies Summary(DHM Design)
• Preliminary Utility assessment(Roaring Fork Engineering)
• Preliminary Traffic study(Fehr&Peers)
• Existing Conditions Survey(True North)
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• Geotechnical Study(for an adjacent parcel, HP Kumar)
• Noise Impact Assessment(Engineering Dynamics)
By the time of award of this contract, there may be additional information available from Pitkin County on air
quality and traffic study due to the County's work on the nearby airport expansion effort which is in process. But
to date,there have been no substantiated reports of inappropriate air quality.
Continued study of the technical areas identified, and potentially more, will be needed to support the land use
entitlements application and public hearing process.
The initial contract award related to this RFP will include Part 1:Customized Schematic Design.Additional parts of
scope are planned to be added as additional services as the project moves forward:
Part 1: Customized Schematic Design (initial contract award)
Part 2: Supporting the Land Use Entitlements Application (future add services)
Part 3: Design Development (future add services)
Part 4: Supporting the Land Use Entitlements Project Review Process (future add services)
Part 5: Planned Development Documentation (future add services)
Part 6: Construction Documents (future add services)
Part 7: Supporting the Building Permit Application Process (future add services)
Part 8: Construction Administration (future add services)
Part 9: Project Closeout and Warranty Support (future add services)
3.1 PART 1: CUSTOMIZED SCHEMATIC DESIGN
The Part 1 Customized Schematic Design scope is meant to first test and verify,or otherwise suggest appropriate
modification to the current 310-unit master plan. From there,the goal is to prepare sufficient schematic design
documentation to support the land use entitlements application and process.
In order to test and verify,or otherwise suggest appropriate modification to the current 310-unit masterplan,the
project team aims to respond the concerns raised by Aspen City Council in November 2020.These include, and
may not throughout the remaining process be limited to, the items listed below, and each is discussed further
below:
• Use of 100%underground parking
• Tight spacing between buildings
• Some concern about building heights and orientation
• Relocating ownership units to south end of site
• Noise Mitigation
• Innovation
• Demographics of target user mix(i.e."who is this housing for?")
• Maintain a schedule for construction to begin in 2024
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Use of 100%underground parking—Parking Alternatives Analysis
The parking issue is a fundamental,threshold question—which could potentially drive considerable redesign,and
which could cause a timing setback for City Council. In terms of site design(building interiors notwithstanding), a
high level of livability is often maintained by reducing the impacts of encroachment by buildings,cars,and people
through creative building and access drive spacing and orientation along with the provision of open site landscape
area and amenities which enhance opportunities for aesthetic and peaceful enjoyment in harmony with the
surrounding neighborhood.
But increasing wealth inequality, lack of affordable housing and skyrocketing land and development costs have
created heightened pressure to increase density at new affordable housing facilities like the Lumberyard. This
pressure presents a significant new challenge to the customary notion that affordable housing facilities in Aspen
and Pitkin County should maintain a high level of livability for those community members who reside at such
facilities.
In the early stages of the conceptual master planning process, the team created a few very rough site
arrangements which explored a wide range of density options,from a low of about 140 units up to over 500 units.
Although, most of those plans included some amount of surface parking, it did not take long for the project team
to recognize that the impacts of 100%surface parking begin to significantly impact livability in an adverse way as
the density reaches 20 units per acre and above.And at nearly 30 units per acre in the current 310-unit plan,100%
underground parking seemed to be a necessary burden in order to maintain a sufficient level of livability.
But underground parking is costly in many ways including initial cost, ongoing maintenance cost, disposition of
excavated material,environmental impacts,access convenience and more.And the project team has verified that
Aspen City Council would like it to be the initial task of the A&E Design team to review the parking arrangements
in the current 310-unit masterplan by performing a parking alternatives analysis which would study impacts of
varying levels of above-ground parking in place of the current plan for 100%underground parking.
The parking alternatives analysis should be one of the first steps to be performed by the A&E Design team as part
of the schematic design process.To do this,the project team has proposed that the following alternative site plan
possibilities should be examined:
a. Baseline:The current 310-unit plan with 100% underground parking, 33% open site landscape area and
an average building height of 3.25 stories(as currently designed)
b. Alternative A with 310 units, 67% underground parking, 33% podium parking, 33% open site landscape
area and an average building height of 4 stories
c. Alternative B with 310 units, 34% underground parking, 33% podium parking, 33% surface parking, 22%
open site landscape area and an average building height of 4 stories
d. Alternative C with 310 units and with reduced parking distributed as 0% underground parking, 50%
podium parking, 50%surface parking, 20%open site landscape area and an average building height of 4
stories
Potential alternate: Consider whether an appropriate alternate for this task should be consideration for a
dedicated parking structure or structure(s).The challenge with this approach would be maintaining density and
livability with the additional necessary surface area which such structure(s)would use.
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The parking alternatives analysis should include visual site plan layout representation of each alternative and an
excavation study including excavation quantities and disposition options. Some means of comparing,at least on
a relative basis, both initial cost and ongoing maintenance cost will need to be included in the exercise as well.
Automobile circulation,open site landscape area and potential conflict areas should be highlighted to convey the
notion of livability impacts.
The alternatives shown above seem logical for testing to the project team,but improvements to the analysis would
be welcome.The quantities described in the alternatives listed above are estimated, and should vary as needed
for best results,and of course should be noted for each case.This parking analysis effort should be included in the
scope of services proposed as part of any proposal submitted for this RFP.The remainder of the scope of services,
and surely the outcome of the overall project design, will be highly dependent on the outcome of the parking
alternatives analysis.
It will be necessary to present the findings of the parking alternatives analysis to Aspen City Council. Estimates of
such work session meetings/presentations have been included in the list of public meetings/presentations later
in this RFP.
Tight spacing between buildings
There are some pinch points between buildings in the 310-unit master plan which appear to need attention.
Application of pertinent dimensional standards or best practices for the project may be helpful in understanding
how to optimize the spacing between buildings. It will also be important to understand sun and shading in some
of these areas to understand how snow will pile and freeze/thaw in the alpine environment.
If the A&E Design team so chooses,it may be possible,and perhaps even most efficient,to incorporate addressing
concerns about spacing between buildings, building heights and orientation and relocating ownership units to
south end of site into the work performed during the parking alternatives analysis. If instead it is more difficult
than it may seem, these tasks may also be performed after the conclusion of the parking alternatives analysis.
One way or another,the A&E Design team will need to address these concerns for Council as part of the SD effort.
Some concern about building heights and orientation
Building orientation will also be important to review for the purposes of appropriate sunlight, roof aspects and
potential for solar p/v opportunities,and other important details. It may be important to note for this exercise,as
well as for overall solar exposure and fenestration,that mechanical systems in City of Aspen affordable housing
projects do not typically include cooling.
Relocating ownership units to south end of site
The ownership facilities will need to be separate from the rental portion of the site and will be subdivided as part
of the land use entitlements process.Parking facilities for rental versus ownership areas will need to be sufficiently
separated to the extent possible as well. Although some amount of shared infrastructure/commonality may be
acceptable,it may be best to separate these where possible avoid future maintenance/management complication
since the ownership facilities will most likely end up becoming part of a private owners'association.
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Noise Mitigation
The south end of the site may have a higher degree of noise impacts, and thus may require a higher degree of
noise mitigation techniques such as earthen berms,engineered structures,and/or articulating or otherwise noise-
mitigating facades, windows, and potential other elements as needed and/or where possible. Noise mitigation
techniques should also be considered to the extent necessary and/or recommended across the entire frontage of
the facility,once again as needed and/or where possible.
Innovation
Aspen City Council has expressed an interest in seeing innovation in building forms and for solving challenges such
as those posed by parking, noise and an overall approach to environmental sustainability.
A comprehensive sustainability program will be necessary for the project and will need to be studied during the
SD process and proposed to Aspen City Council for adoption.Recent City of Aspen housing projects have produced
facilities able to achieve a net site Energy Use Intensity(EUI)of slightly below 30 kBtu per sq ft per yr. Aspen City
Council has expressed an interest in seeing what it might take to get to a net zero development and may also be
interested in near-net-zero development if sufficient energy generation offset can be implemented. Aspen City
Council has also expressed limited interest in utilizing green roofs and/or rooftop gardens and decks for the
purpose of simultaneously providing both sustainability elements and amenities, if possible. Any
recommendations for the use of green roofs and or rooftop gardens should consider trade-offs of alternate uses
and should also consider maintenance needs and overall feasibility in Aspen's cold and snowy climate.
The use of factory-built modular construction may be an additional opportunity for innovation which can be
considered—particularly for repeatability and implementation efficiency. It is expected that the City (if the City
remains the developer in the long run) and/or any private developer will be highly interested in construction
efficiencies and mitigating impacts of on-site construction in series through the use of concurrent factory-built
project elements or a full factory-built modular approach to project implementation. During the conceptual
masterplan process, the project team created unit layouts which are roughly based on dimensional parameters
used in factory-built modular construction,such as 15'x 33'or thereabouts.All unit designs will also be subject to
the minimum size requirements in the Aspen/Pitkin County Housing Authority(APCHA) Development Policies and
Procedures. It is also important to note that the City of Aspen typically aims to satisfy ADA Type B dimensional
standards for all affordable housing units.This is of course in addition to required Type A units.
Not only should the unit layouts be further honed throughout the SD process for the ability to utilize a modular
approach to building, but building forms which utilize a factory-built modular approach to construction (or a
similarly efficient approach to implementation), should also be considered for the purpose of innovation. The
building forms which were in process during the conceptual masterplan process stopped short utilizing tactics
which could be used to creatively use space and mitigate noise impacts, and such options should be considered.
At one time, the team looked at some examples of such innovation and creative use of space and pushing and
pulling of forms to create articulation.
See example below,credit: NIL Architects.
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I J
y
To be clear,this is not to suggest that the visual character and material palette of the facilities at the Lumberyard
should look like the example shown above. The question of architectural character was put to the community
during the outreach 3 process, and the most preferred sets of sample images for the neighborhood context are
shown below,which might be described as a mixture of mountain and mountain modern forms often seen nearby
to the project site and throughout the Aspen and Pitkin County region. City Council has directionally concurred
with this character approach. `
fr.
k t1l
/r
The potential use of innovative building forms within the character context shown above will be a creative exercise
for the A&E design team to hone throughout SD and further along in the design process.
Demographics of target user mix(i.e."who is this housing for?")
The City of Aspen is in the process of commissioning an update to a 2012 affordable housing needs analysis which
will provide information which can be used to satisfy this concern. Prior work on the building program was based
upon the Roaring Fork Regional Housing Study and should be updated with the results of the update to the 2012
study. The City's affordable housing needs update analysis is anticipated to illustrate an update to the level of
relative need at varying income levels and household sizes.
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No action on this is needed for this RFP process—just know that this information will be provided by the City of
Aspen and will be available for use by the A&E team to update and further develop the residential program as the
process moves forward.
Maintain a schedule for construction to begin in 2024
The project timeline below, which works backwards from 2024, has been publicly conveyed and should be
maintained to the extent possible. Although it will be difficult to submit a land use entitlements application in
2021,future portions of the process may be possible to condense to make up lost time.
2024 Construction Begins
2023 Building Permit Application Review and Approval
Building Permit Application Development and Submittal
Contracting and Procurement
Construction Documents Production
2022 Development Agreement Completion and Recording
Planned Development Completion and Recording
Detailed Design Process
Land Use Approval Process
2021 Land Use Application Review
Land Use Application Submittal
Land Use Application Development
Community Outreach
Schematic Design
2020 Conceptual Design
Community Outreach
2019 Community Outreach
Implementation Phasing Study
• An initial implementation phasing study should be performed as part of the SD effort. City staff and
Planner will provide additional support.
Technical Studies:
• Proposal should include advancement of the technical studies as needed to support the SD level of design
completion. Please review the technical studies completed to this point and estimate updates as you see
appropriate for this portion of scope.
Community Outreach:
• Include 1 Tranche of Community Outreach as part of the SD effort
Assume Each "Tranche"of Community Outreach Shall Consist of:
1 Mass email effort
1 Advertising effort
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1 Online meeting/conference with public participants
1 Online Survey, including prep, posting, publishing results
1 In-Person Outreach Event,approx.3 hours plus prep and display materials
1 Outreach Summary Report
1 Presentation of Outreach Results in 1 Public Meeting
Public Meetings:
• Assume two(2)additional City Council work session Public Meetings in the SD effort
Assume Each Public Meeting will consist of one 3-hour in-person meeting. Include preparation for presentation
and staff as appropriate.Weekly project team meetings and additional follow-up meetings to support the design
effort should also be anticipated.
Balance of AIA SD Scope of Work
The balance of the Part 1 Customized Schematic Design scope consists of typical AIA SD Scope of Work as per
Article 3 of the attached contract.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
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• 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.
• 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.
• 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
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.
• 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.
3.2 PART 2: SUPPORTING THE LAND USE ENTITLEMENTS APPLICATION
In preparing the land use entitlements project review application,the Part 2 Supporting the Land Use Entitlements
Application scope described here is meant to fill the detail gap to the extent needed to fulfill the requirements as
described in Aspen Municipal Code Section 26.445.050. (This is for the purpose of preparing the application for
submittal,not for supporting the development review and approval process,which is described in Part 4.)
It is anticipated that the SD deliverables will fall somewhat short of sufficient detail for the land use entitlements
project review application.Filling the detail gap in this manner is proposed fortime efficiency,ratherthan running
through an entire DD process to reach the level of detail needed to submit the initial project review application.
Please review the requirements in the code section cited above and estimate the level of effort needed to fill the
gap as described and to produce exhibits as needed forthe land use project review application.These deliverables
will be in addition to typical SD deliverables and should be customized for the application.
The City staff and the City's Planner will draft and assemble the land use entitlements application documentation
package and will lead the land use entitlements process.The conceptual master site plan design team led by DHM
Design was originally hired by the City in 2019 to perform community outreach and conceptual master site
planning and was not intended to be the full A&E design team for entire development process. DHM is essentially
being replaced in the design role by the A&E design team. But the City currently plans to directly retain DHM as
project Plannerforthe purpose of drafting and assembling all of the necessary land use application documentation
package.
The A&E design team is expected to provide a high level of support to the process of drafting and assembling the
land use application documentation package. Design team should work with the Planner and with Owner's staff
to schedule production of deliverables as needed for production of application exhibits as required.
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Any proposal by the A&E design team to further supplement planning services as a sub-consultant should be
explained in the proposal and should be made clear as to whether it is meant to be supplemental services or
otherwise a proposed alternate.
Implementation Phasing Study
• Please estimate effort to advance the implementation phasing study for sufficient presentation in the
application
Technical Studies:
• Please estimate advancement of the technical studies for sufficient presentation in the application
Community Outreach:
• Please include 1 Tranche of Community Outreach to prepare the application
Assume Each "Tranche"of Community Outreach Shall Consist of:
1 Mass email effort
1 Advertising effort
1 Online meeting/conference with public participants
1 Online Survey, including prep, posting, publishing results
1 In-Person Outreach Event,approx.3 hours plus prep and display materials
I Outreach Summary Report
1 Presentation of Outreach Results in 1 Public Meeting
Public Meetings to Support Creating the Application
• Include 1 additional Public Meetings with City Council to review the application prior to submission
Assume Each Public Meeting Shall Consist of one 3-hour in-person meeting. Include preparation for presentation
and staff as appropriate.
3.3 PART 3: DESIGN DEVELOPMENT
It is anticipated that the DD process should begin at the moment the application is accepted by the City of Aspen
Community Development Department. In fact,it is anticipated that the following two Parts of scope will be added
simultaneously and will run concurrently:
Part 3: Design Development
Part 4: Supporting the Land Use Entitlements Project Review Process
The Part 3 Design Development scope consists of typical AIA DD Scope of Work as per Article 3 of the attached
contract. Additional presentations to Aspen City Council will be necessary during this part of the process to
continue to seek approval as the designs are advanced and as more information about the project is made
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available.Weekly project team meetings and additional follow-up meetings to support the DD process should also
be anticipated.
AIA DD Scope of Work
• 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,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.
• 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.
• 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 and request the Owner's approval of the
Design Development Documents.
3.4 PART 4: SUPPORTING THE LAND USE ENTITLEMENTS PROJECT REVIEW PROCESS
The City expects to utilize the Planned Development review process described in Chapter 26.445 Planned
Development of the City of Aspen Municipal Code. Please review the requirements and estimate the effort
required to support the process as required.
During the project review process, architect will lead the A&E design team to coordinate responses to questions
and comments from one meeting to the next throughout the review process, through completion. Depending
upon the quality, completeness, level of regulatory compliance and community uptake of the application
submitted,this process can require numerous iterations to reach completion.
Assume the following Public Meetings to Support the Land Use Entitlements Process
• Assume 6 additional Public Meetings with City Council
• Assume 3 additional Public Meetings with Planning and Zoning
Assume Each Public Meeting Shall Consist of one 3-hour in-person meeting. Include preparation for presentation
and staff as appropriate.
The A&E design team should anticipate the need for preparation and presentation for all such Public Meetings.
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3.5 PART 5: PLANNED DEVELOPMENT DOCUMENTATION
After the project has been approved under a land use Ordinance and Scope Parts 3 and 4 near completion, it will
be necessary to begin Part 5 to produce the Planned Development (PD)documentation to the satisfaction of the
development approval Ordinance. Such documentation typically requires production and recording of a
comprehensive PD Plan set which will memorialize the approved project, typically at the DD level. The Planner
and City Staff will simultaneously need to produce a Development Agreement,and it should be expected that the
A&E design team will need to provide some support to that effort as well.
The Planner will work with City staff to negotiate and produce the Development Agreement which will
memorialize regulatory conditions which the project will need to satisfy. Production of the PD docs and the
Development Agreement is anticipated to occur concurrently and will require coordination among the project
team to continue moving forward to completion and recording of the necessary documentation to the satisfaction
of the regulatory staff.
The completed PD documentation is expected to satisfy the DD phase of design, and is expected to make ready
for the production of implementation (construction)documents.
Weekly project team meetings and additional follow-up meetings to support the design effort should also be
anticipated.
3.6 PART 6: CONSTRUCTION DOCUMENTS
It may be unlikely that the Construction Documents process will include implementation of the entire project.
Instead a first phase or phases of implementation may be more likely. That said, for the sake of removing
unknowns in the bidding process,the scope of work described in this section should be considered as if the entire
project will be implemented in its entirety.
Weekly project team meetings and additional follow-up meetings to support the design effort should also be
anticipated.
The Part 5 Construction Documents scope consists of typical AIA CD Scope of Work and Bidding and Negotiation
Services as per Article 3 of the attached contract.
• 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.
• The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
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• 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.
• 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.
• 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 and request the Owner's approval of the
Construction Documents.
• 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.
• Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
• 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.
• 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.
• Proposal Documents shall consist of proposal requirements, and proposed Contract Documents.
• 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.
• 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.
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3.7 PART 7: SUPPORTING THE BUILDING PERMIT APPLICATION PROCESS
Preparation of CD documentation should be aimed specifically at satisfying the building permit application
process, and should include production of ALL BUILDING PERMIT APPLICATION MATERIALS required for building
permit application submittal. Information about the building permit application requirements and process are
available at the City of Aspen website.
Building permit application checklists should be created and tracked to ensure production of all necessary building
permit application materials tot eh satisfaction of the local(and potentially state) regulatory process.
The architect shall perform the building permit application submittal process through the required regulatory
application process. Architect shall work toward final acceptance of all building permit application materials by
such regulatory department staff.
During the regulatory review process, architect will lead the A&E design team to coordinate responses to
regulatory questions and comments throughout the regulatory review process,through completion and issuance
of building permits. Depending upon the quality, completeness and level of regulatory compliance of the
application materials submitted,this process can require numerous iterations to reach completion.
Weekly project team meetings and additional follow-up meetings to support the design effort should also be
anticipated.
3.8 PART 8: CONSTRUCTION ADMINISTRATION
It may be unlikely that the Construction Administration process will include implementation of the entire project.
Instead a first phase or phases of implementation may be more likely. That said, for the sake of removing
unknowns in the bidding process,the scope of work described in this section should be considered as if the entire
project will be implemented in its entirety.
Weekly project team meetings and additional follow-up meetings to support the design effort should also be
anticipated.
The Part 7 CA scope consists of typical AIA CA Scope of Work and Bidding and Negotiation Services as per Article
3 of the attached contract.
• The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth
below and in AIA Document A232TM-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.
• 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
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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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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
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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.
• 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.
• 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.
• The Architect shall maintain a record of the applications and certificates for payment.
• 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.
• 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.
• 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
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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.
• 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.
• 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.
• 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.
• The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents 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.
• The Architect shall maintain records relative to changes in the Work.
3.9 PART 9: PROJECT CLOSEOUT AND WARRANTY SUPPORT
It may be unlikely that Project Completion will occur at one time and may instead occur in phases. That said,for
the sake of removing unknowns in the bidding process, the scope of work described in this section should be
considered as if the entire project will be implemented in its entirety.
Project team meetings would only occur occasionally and would be scheduled in an ad hoc manner during this
time.
The Part 8 Project Completion scope consists of typical AIA CA Scope of Work and Bidding and Negotiation Services
as per Article 3 of the attached contract, however it is anticipated that a 2-year warranty period will be necessary
and that support for ongoing warranty issues will be required throughout the warranty process.
• 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.
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• 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.
• 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.
• 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 Ownerto review the facility
operations and performance.
Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website
(www.bidnetdirect.com) until 2:OOpm (MDT), May 27, 2021, at which time the proposals will be opened and
reviewed, for the following City of Aspen project: 2021-150 Architecture & Engineering Design Team for the
"Lumberyard"Affordable Housing Development.
The selection process will consist of proposal evaluations by the selection committee,and Proposers will be notified
of further process thereafter. 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.
4.1 QUESTIONS
Candidates should post pertinent questions on the Bidnet Direct website,www.bidnetdirect.com,no later than May
13,2021.Answers will be posted online for all Candidates to review. It is the Candidate's responsibility to check the
website for Q&As,addendums, RFP Clarifications,and other important information.
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 19,2021
Pre-Bid Conference April 23,2021, 10:OOAM (see link below)
RFP Questions Close May 13,2021
Proposals Due May 27,2021,2:OOPM
Evaluation/clarification period May 28-June 11,2021
Finalist Notifications June 11,2021
Finalist Interviews June 14-18,2021
Signed Contract Due June 21,2021
City Council Approval June 29,2021
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Use the link below to join the Pre-Bid Conference on April 23, 2021 at 10:OOAM.
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Learn More I Meeting options
4.3 PROPOSAL SUBMISSION AND FORMAT
Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The electronic
submission must be compiled into a single PDF document plus the unprotected Excel workbook of hourly rates,
hours and fees. Please reduce file size to the extent possible.The name of the documents must contain the City
project number and firm's name. Proposals are due by:2:00pm(MDT), May 27,2021.
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 Proposed Hours and Fees,Schedule,Contract, Insurance
Please format your submittal to include the items specifically listed below. Please be thorough in addressing the
items but note that the Owner is also looking for a team member that can demonstrate effective and concise
communication. In addition to the PDF submittal, please also submit the Excel workbook of hourly rates, hours
and fees as an unprotected Excel file. Mark and sections or pages containing sensitive information as confidential
if necessary.
5.1 LEAD FIRM AND TEAM QUALIFICATIONS
5.1.1 Provide a short narrative or cover letter expressing the nature of your interest in the project. Include the
team leader's name and contact information for all communication related to this RFP process.
5.1.2 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.
5.1.3 What year was the firm established?What is the total number of firm's full-time employees?
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5.1.4 Firm's annual revenue for each of the past five years.
5.1.5 Provide a listing and description of all current litigation involving the lead firm and any subconsultants.
5.1.6 Provide a copy of the lead firm's most recent Income Statement and Balance Sheet.
5.1.7 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.
5.1.8 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.
5.1.9 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.
5.1.10 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 Provide a sampling of approximately five similar projects completed and describe any pertinence to the
Lumberyard project.Suggested priority for listing projects is as follows:
1. Affordable housing or residential projects completed of similar size and community sensitivity
2. Similar projects completed within the City of Aspen or Pitkin County,CO
3. Similar projects completed'in mountainous locations over 7,000 feet elevation
4. Similar projects completed which utilized innovation or forward-thinking design elements
5. Similar projects completed where your firm/team had a role in facilitating modular construction
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.
5.2.1 Describe the firm and team's ability to successfully design and facilitate implementation of the
Lumberyard project. Describe any particular challenges you see in implementing the scope of work for
this project and how you intend to manage that.
5.2.2 Describe,if you have one,the firm and team's vision for the Lumberyard project.Otherwise,describe the
firm and team's vision for an overall approach to the Lumberyard design process. Include any parallel
experiences that you may draw from or any opportunities that you see and how those might help achieve
success.
5.2.3 Provide an outline of the steps you propose in order to meet the scope of services required in this RFP.
5.2.4 Describe your firm or team's level of experience and understanding regarding projects within the City of
Aspen and the land use entitlements and building permitting processes. If none, describe your firm or
team's level of experience with challenging regulatory environments and how those experiences may help
you with the Lumberyard project. Explain how your firm is prepared to manage this sensitive community-
facing project in a challenging regulatory environment.
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5.3 ADDITIONAL EXPERTISE SOUGHT
5.3.1 Describe the firm or team's experience with any similar approach to a sensitive community-facing
residential project and whether you see this approach working toward success. Describe any alternates
to the overall design approach, or supplemental elements, which you would suggest for achieving
community and owner uptake and overall project success in a challenging regulatory environment.
Describe any innovation that you may consider bringing to the overall design process.
5.3.2 Describe the firm or team's experience with any parking challenges such as that described herein. Discuss
whether the parking alternatives analysis as described in section 3.1 may help achieve community and
owner uptake of overall project design.Include any alternate or supplemental suggestions which you think
would enhance the approach described. Describe any innovation that you may consider bringing to the
parking alternatives analysis.
5.3.3 Describe the firm or team's experience with developing a comprehensive sustainability program in the
manner described in section 3.1. Describe an approach that you see as fit for this project and how you
may incorporate innovation into this part of the project design.
5.3.4 Describe the firm or team's experience with using modular construction in the innovative manner
described in section 3.1. Describe whether you think this will be an approach that you see as fit for this
project and how you may incorporate innovation of this kind. 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.
5.4 PROPOSED HOURLY RATES, HOURS AND FEES, SCHEDULE, CONTRACT, INSURANCE
5.4.1 For each Part described in Section 3.0 Scope of Services, fill out the Excel workbook of rates, hours and
fees and include a screenshot or copy of the tables of proposed hourly rates, hours and fees in your
proposal document as well. Make any modifications to the table as you see appropriate for the project,
but please try to keep the same general format to help the evaluators. Describe any alternates as
necessary,and please be clear in describing what is your base bid and then how alternates would replace
or otherwise modify the base bid scope,hours,fees and/orschedule.Include annual escalation as needed.
Provide clear notes or other form of delineation in your proposal document and in your worksheet
about your ability to guarantee rates and estimated hours going forward for each Part of Scope to be
added as future additional services. If you are unable to guarantee rates,hours or fees for some of the
scope Parts described in Section 3 Scope of Services,please explain clearly so that the evaluation team
can see what you can and cannot guarantee as part of your proposal.
5.4.2 Provide a proposed schedule, timeline or list of milestone dates which will be achievable in your
estimation and describe the degree to which (and why)this varies from the desired timeline as described
in Section 3 of this RFP. If there is a need to vary the timeline from that described earlier in this RFP
document, please provide description of how so and rationale for such modification to the timeline.
5.4.3 Provide a statement affirming your ability to meet the insurance terms listed in the attached proposed
contract.If you are unable,you must describe any specific exceptions taken to the insurance requirements
listed in the attached proposed contract. Exceptions taken to the insurance terms after selection, if not
included in the written proposal, may be grounds for disqualification.
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5.4.4 Provide a statement affirming your ability to sign the attached proposed contract, including all terms as
currently written. If you are unable,you must describe any specific exceptions taken to the written terms
in the attached proposed contract. Exceptions taken to contract terms after selection, if not included in
the written proposal, may be grounds for disqualification.
6.1 CONTRACT
The selected firm will be asked to sign the attached proposed contract document. Provide a response in your
proposal to section 5.4.5 above.
6.2 INSURANCE
The attached proposed contract document includes the insurance terms displayed below. Provide a response in
your proposal to section 5.4.4 above.
§ 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.
§ 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.
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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.
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.
Be sure to obtain the exhibits listed below:
• Excel workbook of hourly rates, hours and fees (.xlsx)
• Proposed AIA B132 Contract Document(modified with specific City of Aspen terms and conditions)