HomeMy WebLinkAboutresolution.council.138-14 RESOLUTION 4138
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CHARLES CUNNIFFE ARCHITECTS AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Design Services for the Wheeler Opera House 2nd Floor and additional projects ,
between the City of Aspen and Charles Cunniffe Architects, a true and accurate
copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Design Services for the Wheeler Opera House 2"d Floor and additional
projects, between the City of Aspen and Charles Cunniffe Architects, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the-Cit C u cil of the City of
Aspen on the 24"' day of November, 2014.
Steventify
adron, Mayo
I, Linda Manning, duly appointed and acting City Clerk do 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, November 24, 2014.
r
Linda Manning, Ci Clerk
TAa C,•y of A�pan
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN,Colorado, ("City") and Charles Cunniffe Architects, Colorado ("Architect").
For and in consideration of the mutual covenants contained herein,the parties agree as follows:
1. Scope of Services. Architect shall perform in a competent and professional manner the
Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Architect shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for .the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Architect.
3. Payment. In consideration of the work performed, City shall pay Architect Three
Hundred Sixty Three Thousand Eiaht Hundred Seventy Five Dollars ($363,875.00) in the event
that all Phases are performed as requested by City. The City shall have the option of asking Architect
to perform any number of Phases of the Project. Payment shall be based upon the Fee Proposal, for
phases performed. The City shall notify Architect of phases it wishes to have performed via formal
written Notices to Proceed. fees ' elud adds anal t wo - . �
�� a•• � r
Pre-Planning Phase: $56,000
Design Phase: $92,000
Final Planning&Permitting: $110,000
Construction: $50,000
Roofing Consultant Allowance $23,000
Expenses: travel, lodging,per diem $32,875
Mailing, &reproduction
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions of
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another, the provision in the Contract Document listed first below shall govern, except as otherwise
specifically stated:
a. Agreement
b. Request for Proposals & Scope of Services
C. Proposal/Cost estimate and attachments, including all written
representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Architectural Services.
5. Compliance With Procurement Code. The Architect acknowledges that this Agreement
is entered into subject to the requirements of the City of Aspen Procurement Code, Title 4, of the
Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of said
Procurement Code, and such requirements are incorporated herein by this reference (copies of the code
are available upon request to the City for a nominal charge). Architect shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procurement Code shall be deemed as a waiver of any action or defense that the
Architect may have against the City by reason of such violation of the Procurement Code.
6. Non-Assignability. Both parties recognize that this contract is one for specific services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Architect of any of the responsibilities or
obligations under this agreement. Architect shall be and remain solely responsible to the City for the
negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Architect to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
may be due to any sub-Architect.
7. Termination for Default or for Convenience of City.
a. Termination by. City. The performance of services under this Agreement may be
terminated by the City:
1. Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten(10) days (or longer as the City may allow
or shorter, but not less than three (3) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand-delivery or
mailing to the Architect of a notice specifying the default. If mailed, said notice
shall be sent by certified mail, return receipt requested, to the address specified
herein for Architect.
The Architect shall not be in default be reasons of any failure in performance of
this Agreement in accordance with its terms if such failure arises out of causes
beyond the control and without the fault or negligence of the Architect. Such
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causes may include, but are not restricted to, acts of God, natural disasters,
strikes, or freight embargoes, but in every case the failure to perform must be
beyond the control of the Architect. Upon request of the Architect, the City
shall ascertain the facts and failure, and, if the City shall determine that any
failure to perform constituted a valid commercial excuse, the performance shall
be revised accordingly and notice of default withdrawn; or
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Architect a written notice of termination, specifying the reasons
therefor, and the effective date of such termination. The effective date shall not be
earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3)
business days. The notice of termination shall be sent regular first-class mail to the
address of the Architect herein provided. The Architect or the City may terminate this
Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees
shall be eared after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Architect shall become the
property'of the City. Notwithstanding the above, Architect shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Architect, and the City may withhold any payments to the Architect
for the purposes of set-off until such time as the exact amount of such damages due the
City from the Architect may be determined.
C. Termination Procedure. After the effective date of the notice of termination for default
or for the convenience of the City, unless otherwise directed by the City, the Architect
shall:
1. Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subArchitects to the extent that they relate to the
performance of work terminated by the notice of termination.
4. With the.approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in part in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 3 hereinabove,
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.including costs incurred and profit to the date of termination (but not for future profit,
which shall not be paid), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, however, that in
the event of default by the Architect, no extra costs incurred because of termination
shall be paid to the Architect and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Architect on account of any default. Such
claim must be submitted promptly, but in no event later than thirty (30) days from the
effective date of termination, unless one or more extensions are granted in writing by
the City. Upon the Architect's failure to submit a claim in the time allowed, the City
may review the information available to it and determine the amount due the Architect,
if any, and pay the Architect the amount as determined.
e. Termination Settlement. Subject to Paragraph.5.d, the Architect and City may negotiate
the whole or any part of the amount or amounts to be paid, upon termination for default
or the convenience of the City.
f Remedies. The Architect shall have the right of appeal from any determination made by
the City under this termination section; except that if the Architect has failed to submit
his claim within the time provided in Paragraph 5.d, above,and has failed to properly
request an extension, he shall have no right of appeal. In any case where the City has
made a determination of the amount due under Paragraph 5.d. or 5.e., above, the.City
shall pay the Architect: (1) the amount the City has determined if there is no right of
appeal or if timely appeal has been taken, or (2) the amount finally determined on such
appeal if an appeal has been taken.
g. Method of Appeal. If the Architect disagrees with the City's determination under
Paragraphs 5.d. or 5.e., he can appeal this decision in writing to the City. Such appeal
must be made in writing within twenty (20) days of receipt in writing of the City's
determination. The City shall have twenty (20) days in which to respond in writing to
the appeal. The City's response shall be final and conclusive unless within thirty (30)
days from the date of receipt of such response the Architect submits the dispute to a
court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Architect warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Architect, to solicit
or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a
,bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. For a breach or violation of
this contract without liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
9. Independent Architect Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Architect shall be, and shall perform as, an independent Architect who agrees to use his
or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
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Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
work are under the sole control of Architect. None of the benefits provided by City to its employees
including, but not limited to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Architect. Architect shall be solely and
entirely responsible for its acts and for the acts of Architect's agents, employees, servants and
subArchitects during the performance of this contract. Architect shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or contributions imposed or required under unemployment insurance, social
security and income tax law, with respect to Architect and/or Architect's employees engaged in the
performance of the services agreed to herein. ARCHITECT, AS AN INDEPENDENT
ARCHITECT, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS
AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. Architect agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-Insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, which arise out of or are in any manner connected
with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be
caused in whole or in part by, the negligent act, omission, error, Architect error of the Architect, any
subArchitect of the Architect, or any officer, employee, representative, or agent of the Architect or of
any subArchitect of the Architect, or which arises out of any workmen's compensation claim of any
employee of the Architect or of any employee of any subArchitect of the Architect. The Architect
agrees to investigate, handle, respond to, and to provide defense for and defend against, any such
liability,claims or demands at the sole expense of the Architect, or at the option of the City,agrees to
pay the City or reimburse the City for the defense costs incurred by the City in connection with, any
such liability, claims, or demands. The Architect also agrees to bear all other costs and expenses
related thereto, including court costs and attorney fees, whether or not any such liability, claims, or
demands-alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Architect for the portion of the judgment attributable to such act, omission, or other fault of the City,
its officers,or employees.
11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense,
87 policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Architect pursuant to Section 10 above in amounts and aggregates as stated
below. Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The Architect shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 10 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,
or types.
(b) Architect shall procure and maintain, and shall cause any subArchitect of the Architect to
procure and maintain, the minimum insurance coverages listed-below. Such coverages shall be
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procured and maintained with forms and insurance acceptable to the City.✓All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Architect pursuant to Section 8 above. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory
minimums. Evidence of qualified self-insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX
HUNDRED THOUSAND DOLLARS($600,000.00) aggregate. The policy shall be applicable
to all premises and operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent Architects, products, and
completed operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than THREE HUNDRED
THOUSAND .DOLLARS ($300,000.00) each occurrence and THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) aggregate with respect to each Architect's owned,
hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interest provision. If the Architect has no owned
automobiles, the requirements of this Section shall be met by each employee of the Architect
providing services to the City under this contract.
(iv) Architect Liability insurance with the minimum limits of TWO HUNDRED
FIFTY THOUSAND DOLLARS. ($250,000) each claim and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that provided
by Architect. No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The Architect shall
be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Architect's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
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canceled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City
may offset the cost of the premiums against monies due to Architect from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers, or its employees.
12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of'the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Architect for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Architect reasonable notice of any changes in its membership or participation in CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's
State.of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is
84-6000563.
14. Ownership of Design Materials and Documents.
a. The copies or other tangible embodiments of all design materials, whether or not such
materials are subject to intellectual property protection, including but not limited to
documents, shop drawings, computer programs developed for the Project or if such
programs are not the property'of Architect or SubArchitect, data, plans, drawings,
sketches, illustrations, specifications, descriptions, models, as-built documents, and any
other documents developed, prepared, furnished, delivered or required to be delivered
by the Architect or SubArchitect to City under the Contract Documents (collectively
"Design Materials").shall be and remain the property of the City whether or not the
Project is commenced or completed; provided, however, that City makespayment for
the documents in accordance with this Agreement. During the term of the Agreement,
the Architect shall be responsible for any loss or damage to the Design Materials, while
the Materials are in the possession of the Architect or any of its SubArchitects, and any
AGI-981 Pagel
such Design Materials lost or damaged shall be replaced or restored at the Architect's
expense. The intellectual property ,rights, if any, to the contents of or concepts
embodied in the Design Materials shall belong to the Architect or its Design
SubArchitects in accordance with their contractual relationship and may be copyrighted
by them in the United• States or in any other country, or be subject to any other
intellectual property protection.
b. As to those Design Materials subject to copyright or as to which patent or trademark, or
any other form of intellectual property protection has been, is or will be obtained, the
Architect grants to City as of the date that the Design Materials are delivered or
required to be delivered to the City, a world-wide, paid-up, nonexclusive,
nontransferable (except as provided) license for the term of intellectual property
protection, for the City to use, reproduce and have reproduced, display and allow others
to display and to publish and allow others to publish, in any manner, at any time and as
often as it desires; with or without compensation to the Architect or any third party
subject to the following restrictions: (a) All copyright and other intellectual proprietary
rights in or relating to any of the Design Materials, shall remain the property of the
Architect or Design SubArchitect whether or not the Project is constructed. , It is
understood that, except, as provided in this paragraph, the Architect and Design
SubArchitect shall have the right to use any detail,part, concept or system(s) shown on,
specified in, or inferable from the Design Materials on any other project and to retain
copies for the Architect's or.Design SubArchitect's future use; (b) City shall not,
without prior written consent of the Architect or Design SubArchitect use Design
Materials or documents, in whole or in part, for the 'construction of any other project.
If, however, City agrees to indemnify the owner of the intellectual property rights
against liability arising from the misuse or incorrect use of Design Materials by City,
City shall be entitled to, at no additional cost to the City, use such materials and
documents for additions, improvements, changes or alterations to the Project after
completion. If Architect is in default under this Contract and the Contract is terminated,
City shall be entitled to use the Design Materials for completion of the Project by others
without additional compensation, or a release, indemnification or other action by City;
(c) Any reproduction of the Design Materials or part of them shall be faithful and
accurate to the original and of good quality; (d) City shall not remove or alter, and shall
reproduce and prominently display on all copies made by City, the copyright notice and
other.proprietary legends appearing on the Design Materials when delivered to City.
The restrictions set forth in (c) and (d) above shall be imposed by City on any third
party to whom the City allows to display or publish the Design Materials.
C. It is understood that City considers the Project's aggregate architectural expression(that
is, the overall combination of the Project's visually apparent design features) and any
distinctive individual features, to be unique and of commercial value, and the Architect
and its Design SubArchitects agree not to design or build, or allow other third parties
the use of the Design Materials to design or build another structure(s) having a
substantially similar architectural expression so that an average person would relate the
structure(s) to the Project. Architect and its Design SubArchitects shall, however, be
free to use individual features from the Project or combinations of features in other
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projects, so long as the Architect complies with the first sentence of this paragraph.
Architect shall include this provision in its contracts with its Design subArchitects and
provide copies of these agreements to City.
d. As of the conclusion of the Project, or in the event of termination of the Agreement,
Architect shall turn over to City any of the Design Materials referred to in above which
have not yet been submitted to City. Architect shall submit the Design Materials to
City within ten days of the conclusion of the project, or date of termination. In the
event of the failure by Architect to make such delivery as provided above, Architect
shall pay City any damages City may sustain from the failure.
15. Annual Appropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis.
It is understood that payment under any agreement is conditional upon annual appropriation of funds
by said governing body and that before providing services or materials for which funds have not been
appropriated.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City: Architect:
City Manager Charles Cunniffe
City of Aspen Charles Cunniffe Architects
130 South Galena Street 610 East Hyman Avenue
Aspen, Colorado 81611 Aspen, Colorado 81611
18. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
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19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance
or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Architect to which the same may apply and, until complete
performance by Architect of said term, covenant or condition,the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
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20. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City
Manager or Mayor(or duly authorized official in his absence) to execute the same.
21. Illegal Aliens—CRS 8-'l 7.5-101 &24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House
Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to
the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and
political subdivisions, including the Owner, from knowingly hiring an illegal alien to perform work
under a contract, or to knowingly contract with a Architect who knowingly hires with an illegal alien
to perform work under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have been
designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the Owner.
1. "E-verify program"means the electronic employment verification program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, that is jointly administered by the United States Department of
Homeland Security and the social security Administration, or its successor program.
2. "Department program"means the employment verification program established
pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Architect or a
subArchitect not involving the delivery of a specific end product other than reports that are
merely incidental to the required performance.
C. By signing this document, Architect certifies and represents that at this time:
1. Architect shall confirm the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services; and
2. Architect has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal aliens.
d. Architect hereby confirms that:
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1
1. Architect shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for:Services.
2. Architect shall not enter into a contract with a subArchitect that fails to certify to
the Architect that the subArchitect shall not knowingly employ or contract with an illegal alien
to perform work under the Public Contract for Services.
3. Architect has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services through
participation in either the e-verify program or the department program.
4. Architect shall not use the either the e-verify program or the department
program procedures to undertake pre-employment screening of job applicants while the Public
Contract for Services is being performed.
5. If Architect obtains actual knowledge that a subArchitect performing work
under the Public Contract for Services knowingly employs or contracts with an illegal alien,
Architect shall:
i. Notify such subArchitect and the Owner within three days that Architect
has actual knowledge that the subArchitect is employing or subcontracting with an
illegal alien; and
ii. Terminate the subcontract with the subArchitect if within three days of
receiving the notice required pursuant to this section the subArchitect does not stop
employing or contracting with the illegal alien; except that Architect shall not terminate
the Public Contract for Services with the subArchitect if during such three days the
subArchitect provides information to establish that the subArchitect has not knowingly
employed or contracted with an illegal alien.
6. Architect shall comply with any reasonable request by the Colorado Department
of Labor and Employment made in the course of an investigation that the Colorado Department
of Labor and Employment undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
7. If Architect violates any provision of the Public Contract for Services pertaining
to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this
Agreement. If this Agreement is so terminated,Architect shall be liable for actual damages to
the Owner arising out of Architect's violation of Subsection 8-17.5-102, C.R.S.
22. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
AGI-981 Page 11 _
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and .understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
AGI-991 Page 12
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
Dated:
ATTESTED BY: CITY OF ASPEN, COLORADO:
/ of
By:
- ARCHITECT:
WITNESSED.BY: j.dRtES cv�tNt{�g AF itT�GTs
APPROVED AS TO FORM BY: REVIEWED BY:
Ci AttomeyPro a r
1P W-11/13/2014-M:\city\citya[ty\amb\agI-981.doc
AGI-981 Page 13
J
Exhibit A-Agreement for Professional Architectural Services
PROPOSED WORK PLAN AND FEE PROPOSAL
Charles Cunniffe Architects (CCA) and Quinn Evans Architects (QEA) has a team of qualified
design professionals and consultants able to provide the best possible project for the
Wheeler Opera House. CCA will provide a strong leadership role and local presence for the
Client (Wheeler and Aspen Asset Management staffs) from initial design through construction and
closeout phases. Thorough and efficient communication and coordination with all parties will
be key in ensuring a successful project which accomplishes the Client's goals and requirements,as
described in the RFP document.CCA will act as the main project coordinator,and help facilitate the
approval process involving the client, Board of Directors,public groups and City Council.CCA enjoys a
good working relationship with City Departments,as well as being involved with the Aspen Facilities
Master Plan process.
The CCA team will utilize a good understanding of the goals and background of this project for the
Wheeler, in order to provide an accelerated start to the project. Together with KLA structural and REG
mechanical engineers, CCA is already familiar with existing conditions related to the structural
and mechanical options for the Second Floor Lobby,as well as conditions for the HVAC-7
replacement.
While CCA has many years of design experience with historic buildings in A spen, Quinn Evans provides
valuable added expertise with many successful historic theaters/ performing arts facilities and
related interiors projects.
The CCA Team will work closely with the Client and Contractor (through the CMC process) to help
ensure that the desired improvements at the Wheeler are accomplished within the desired budget
and challenging schedule parameters.We will be dedicated to providing the Client with
complete information about the project through all phases, as well as opportunities to be
involved with design decisions. We realize the Wheeler staff has valuable information related
to the operation, maintenance, and desired improvements of the various areas and systems of
the Wheeler, and welcome their involvement. CCA will pay special attention to coordinating
information related to all decisions in advance with the Client,so as to include their input in matters
related to design, approvals, value engineering, infrastructure, finishes, and construction issues.
PREDESIGN/PLANNING PHASE
(November 16 - January 4, 2015)
Initial Discovery
This initial six week phase will be extremely important in accomplishing subsequent goals
within the desired schedule period.
To accomplish this, CCA would propose to have our architects, REG mechanical and KLB.A structural
engineers perform an initial one week 'discovery' effort at the Wheeler to investigate and
document existing conditions related to the project scope (First Floor Lobby, Second Floor
Lobby, Roof). This will provide valuable information to assist with accurate design decisions with
regard to relative cost/schedule impacts. It would also be helpful during this process to have some
construction investigation assistance to provide temporary access in select locations.
On site Charreffe
The second activity of this phase (during the second week) would involve a multi-day team
AG]-981 Page 14
'charrette' on-site meeting involving the design team to meet and gather information from the
Wheeler and Asset Management staffs and to review project goals, existing conditions, and
building systems.
If so desired, public/user groups could also have input in this process,at the Client's discretion.
Alternative design approaches would be reviewed with Wheeler technical and senior staff
and city representatives. A roundtable design planning session will allow for valuable interface
and exchange of design strategies and ideas for accomplishing desired improvements for Wheeler staff,
patrons and user-groups.Our goal from this activity will be to confirm a recommended plan or
alternate designs to be developed for further consideration.
The final activity of this site charrette will involve review and presentation of project goals and initial
design alternatives for Client review.
Design Planning and Evaluation Studies
Overthe next two to three weeks the design team would develop design issues and alternatives for
further review and discussion with the Client.Coordination meetings with the Client (and video or
phone with remote consultants) will be held to coordinate the design planning effort.Meeting notes
recording results and action items will be distributed to the design team and client.
Presentation and Review
A second on site design meeting including Quinn Evans will be scheduled during the fifth week to
present and review the refined design plans with the Client for critique and approval.
DESIGN PHASE
(January 4- February 15, 2015)
The design team will continue the detailed development of the design plan,address overall
layouts and typical detail approaches to the various issues to be addressed in the renovation,as
well as an initial cost estimate.
Additional site visits will be coordinated for key disciplines and regular weekly on- site meetings will
be held with CCA, the Client, and others (Quinn Evans) attending by video or phone
conference.QEA will make an additional site visit to participate in review meetings with the Client,the
Wheeler Board, Aspen Asset Management,the CMC contractor,and City Council.
Code reviews with Building Department officials will be completed to insure compliance with
applicable codes and ordinances. We will also schedule an initial constructability review with the
CMC contractor and Client.
The Design Team will assist with the integration of the CMC into the into the project with design,
constructability, and cost reviews, as well as critical path planning for the preconstruction and
construction phases.
Refined Design Development' level drawings including architectural, structural, mechanical,
electrical, lighting, technology sound system plans and specifications, and a second cost
estimate for the project.
FINAL PLANNING
AGI-981 Page 15
(February 15 - August 31,2015)
The Design Team willwork with the CMC to reconcile cost estimates for submission to the Client
collaboratively by the Architect and Contractor.
Based on the successful completion of the work described in the phases above, the CCA team will
complete detailed construction documents,including all disciplines required for construction and
with the continuing weekly review and input of the Client and CMC.
Final reviews and approvals will be completed as required for permitting of the project. The
CCA/ QEA team will continue to coordinate construction planning with the CMC and Client
regarding long lead time reviews, shop drawings, and submittals, required to facilitate the desired
schedule.
The Design team will assist the CMC with construction management plan as required by permitting
and the Client's needs.
CONSTRUCTION PHASE
(August 31 - December 11, 2015)
The Design Team will be available to respond to construction clarifications, submittal reviews and
unforeseen condition resolution on a daily basis.Weekly on-site meetings will be held with the Client,
Contractor,Architect, and any other pertinent consultants or subcontractors to anticipate and resolve
issues before they impact the project. Meeting notes and action items will be distributed to the
Project Team. QEA will participate in weekly meetings by phone and make several site visits during
the construction phase. It is also important to provide for adequate scheduling of final inspections
punch lists by the Architects, Client (if so desired) and Consultants and follow-up by the Contractor
to provide a finished project before December 11.
COMMISSIONING AND CLOSEOUT
(December 4 - December 11,2015)
The Design team will assist the CMC and Client's consultant, CxA, in coordinating for fully functional
systems by Dec. 4, 2015 to allow for a full week of commissioning prior to Dec. 11, 2015.
Architect and consultants will review CMC supplied owner's manuals for completeness.
AGI-981- Page 16
Wheeler-Opera House - Project'Schedule
The following outlines,our understanding'iof thetasks associated with.the'development of this project.
° We,have,indicated-an,anticipated time schedule and milestones as we understand them at'this.time:
tasks y
Pre.-Design/Planning 6weeks _. . _.
�..
Client.meeting/program review t day
.Code Review
7•st team site meeting-*CCA-w/KL&A:® �-
BuildingDiscoveryAnalysis. ,. 1 day
�DesignCharrette-Entire DesignAeom {2 day
Develop.conceptuol'designs _
'Design planning&.evaluationstudies
Conceptualdesign cost
Presentation&Review, -
-
2nd Team.site'meeting-.Entire.Design Team' � 23days
Design Phase I '6 weeks
Detailed design development
Code review w/bldg.officials
Design cost estimate
Final Planning/Constr. Doc.-Phase h�<- -+ zsweeks
Develbiaconstruction documents 77
;Construction cost estimate 1,777= 7,777M
Building permit
-Construction Phase Isweeks 5
Constructiornphose -
Perform:construction administration services -
Commi'ssioning Phase i week
Perform:building.commissioning _
Certificate of•occupancy
Owner-occupancy ®�.
FEE PROPOSAL
FEE PROPOSAL
Charles Cunniffe Architects has reviewed the Request For Proposals for Architectural Design Services
for the Wheeler Opera House Second Floor Remodel and Additional Related Projects. Based on
the requirements of the RFP we propose to provide comprehensive professional design services for
Pre-Design Planning through Construction Administration for a lump sum Fee of Three Hundred and
Eight Thousand and 00/100 Dollars ($308,000). Further we propose a fee of Thirty Two Thousand Eight
Hundred Seventy Five Dollars and 00/100 Dollars ($32,875) for projected travel, lodging, per diem,
mailing, and reproduction expenses for the project.
Our fee Structure is broken down as follows:
PHASE PROFESSIONAL FEES& EXPENSES
Pre-Design/Planning Phase (SD's) $56,000
Design Phase (DD) $92,000
Final Planning 8. Permitting (CD's) $110,000
Construction (CA) $50,000
Subtotal $308,000
Allowance for Roofing Consultant $23,000 (in addition to services fee above)
Total $331,000
(Note: The,above fee assumes a construction cost of$2,500,000. Including an owner's
contingency of$250,000. The overall design team fee is comprised of approximately$126,000
in specialty engineering and consultant service fees. Further descriptions of these services/fees
is available upon request. We have estimated that this project will involve approximately 3,400
man-hours of work on behalf of all Design Team members combined.) The above fees include
assumptions for the mechanical design which will need to be verified in a project scoping
meeting.
58 Charles Cunniffe Architects