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HomeMy WebLinkAboutresolution.council.007-15 RESOLUTION #7 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND 359 DESIGN AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract amendment for Architectural services between the City of Aspen and 359 Design, 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 contract amendment for Architectural services between the City of Aspen and 359 Design, 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 .12th day of January 2015. ' Steven Skadron, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 12, 2015. Linda Manning City Clerk EXHIBIT A - Page 1 of 38. Contract Amendment#1 To the City of Aspen Agreement for Professional Architect Services between the City of Aspen and 359 Design dated 12/9/2014 for Burlingame Phase II Single Family Homes 1-4 The Agreement between City and Architect is amended effective January 12, 2015, as follows: 1. Contract will include the following scope of work and associated fees per the attached proposal: 1 Project Setup and Refinement $5,000.00 (already included in base contract) 2 Permit Documents $114,852.00 (including options 1,2&3) 3 Bid Process $11,940.00 4 Permit and Post Permit Acceptance $31,300.00 5 Construction Administration $38,510.00 Total $201,602.00 2. City and Architect agree that any unused services will not be billed/paid. 3.The contract schedule is as follows: 1 Project Setup and Refinement 12/15/2014—1/12/2015 2 Permit Documents 1/12/2015—4/1/2014 3 Bid Process 3/20/2015—4/27/2015 (Based on 909 Permit Documents) 4 Permit and Post Permit Acceptance 4/1/2015—6/1/2015 5 Construction Administration 6/1/2015—5/31/2016 . OWNER Architect City o Aspen 359 Design Signa re Signature Print Name Print Name Do C- ,/zs Date Date ,1 EXHIBIT A - Page 2 of 38 ARM Tha City oY Avpvx AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and J'S1 Da-e�A �(\ , 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. Com lep tion. 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. PaLg-n . In consideration of the work performed, City shall pay Architect in the event that all Phases are performed as requested by City. The City shall have the option of asking Architect to perform any number of Phases of the Project. Payment shall be based.upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it wishes to have performed via formal written.Notices to Proceed. Fees including any additional services or reimbursable expenses shall not exceed the following amounts for each given phase: Plann' g Ph/se; �fw�`�Lrt �NrJ , S ch atic P se: � - ex».r>1 P, . D sign De "lo t' Phase: onstra lon D ument Phase: Biddi and egotiation Phase: FOR- Tau MAJ,,J(,ANI 'Pta aSS 1 Co ructio Phase: Sl tJ 6 LC ANI ty`J No M ES' 1--`} 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 AGI-981 Page 1 _ EXHIBIT A - Page 3 of 38 another, the provision in the Contract Document listed,first below.shall govern, except as otherwise specifically stated: a. Agreement b. G. Proposal/Cost estimate and attachments, including all written representations of Architect — ?TU?V-'A�`" '3S__5 17 E sl b,_ d, ingt'R.xe�i£1}39 tA-pry-�£Ai'3" � Qrr�lnrvnnfn� f-�4i�ro i�.i . 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 perforin 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 of 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. AGI-981 Page 2 — EXHIBIT A - Page 4 of 38 The Architect shall not be in default be reasons of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Architect. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control of the Architect. Upon request of the Architect, the City shall ascertain the facts and failure, and, if the City shall determine.that any failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or 2. Whenever for any reason and in its sole discretion the City shall determine that such termination is in its best interest and convenient. b. Notice of Termination. In the event of tennination 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 tennination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Architect shall become the property of the City. Notwithstanding the above, Architect shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Architect, and the City may withhold any payments to the Architect for the purposes of set-off until such time as.the exact amount of such damages due the City from the Architect may be determined.. C. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of the City, unless otherwise directed by the City, the Architect shall: 1. Stop work under the Agreement on the date specified in the notice of termination. 2. Place no further orders for materials, services or facilities. 3. Terminate all orders and subArchitecis 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 tennination on orders or reimbursable in whole or in part in accordance with this Agreement. AGI-981 Page 3 EXHIBIT A - Page 5 of 38 d. Termination Payment. After the effective date of a notice of tennination for the convenience of the City, the Architect shall submit to the City his termination claim in the form of a final invoice in accordance with the provisions in Section 3 hereinabove, including costs incurred and profit to the date of termination (but not for ftiture profit; which shall not be paid), and costs incurred because of termination, which tennination 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 tennination 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 tennination, 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 detennination made by the City under this tennination 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. AGI-981 Page 4 EXHIBIT A - Page 6 of 38 9. Independent Architect Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Architect shall be, and shall perform as, an independent Architect who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this.contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect's agents, employees, servants and subArchitects during the performance of this contract. Architect shall indemnify City against all liability and loss in connection with, 'and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or .required under unemployment insurance, social security and income tax law, with respect to Architect and/or Architect's employees engaged in the performance of the services agreed to herein. ARCHITECT, AS AN INDEPENDENT ARCHITECT, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THIS AGREEMENT. 10. Indemnification. Architect agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the negligent act, omission, error, Architect error of the Architect, any subArchitect of the Architect, or any officer, employee, representative, or agent of the Architect or of any subArchitect of the Architect, or which arises out of any workmen's compensation claim of any employee of the Architect or of any employee of any subArchitect of the Architect. The Architect agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the.Architect, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The Architect also agrees to bear all other costs and expenses related thereto., including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its 'officers, or its employees, the City shall reimburse the Architect for the portion of the judgment attributable to such act, omission,or other fault of the City,its officers, or employees. 11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other 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 AGI-981 Page 5 .. EXHIBIT A - Page 7 of 38 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 insufficient amounts, duration, or types. (b) Architect shall procure and maintain, and shall cause any subArchitect of the Architect to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Architect pursuant to Section 8 above. In the case of any claims-made policy,the necessary'retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of no less than the state of Colorado statutory minimums. Evidence of qualified self-insured status may be substituted for the Workmen's. Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX HUNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent Architects, products, and completed operations. The policy shall contain a severability of interests provision. (iii)- Comprehensive Automobile.Liability insurance with minimum:combined single limits for bodily injury and property damage of not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and THREE HUNDRED THOUSAND DOLLARS ($300,000.00) aggregate with respect to each Architect's owned,hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall, contain a severability of interest provision. If the Architect has no owned automobiles, the requirements of this Section shall be met by each employee of the Architect providing services to the City under this contract. (iv) Architect Liability insurance with the minimum limits of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), eachclaim 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. AGI-981 Page 6 EXHIBIT A - Page 8 of 38 (d) The certificate of insurance provided.by the City shall be completed by the Architect's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least-thirty (30) days prior written notice has been, given to the City. (e) Failure on the part of the Architect to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City may offset the cost of the premiums against monies due to Architect from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person,and $600,000 per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City,its officers, or its employees. 12. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen , Finance Department and are available to Architect for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Architect reasonable notice of any changes in its membership or participation in CIRSA. 13. Exem tion 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 AGI-981 Page 7 EXHIBIT A - Page 9 of 38 other documents developed, prepared, furlushed, delivered or required to be delivered by the Architect or SubArchitect to City under the Contract Documents (collectively "Design Materials") shall be and remain the property of the City whether or not the Project is commenced or completed; provided, however, that City makes payment for the documents in accordance with this Agreement. During the term of the Agreement, the Architect shall be responsible for any loss or damage to the Design Materials, while the Materials are in the possession of the Architect or any of its SubArchitects, and any such Design Materials lost or damaged shall be replaced or restored at the Architect's expense. The intellectual property rights, if any, to the contents of or concepts embodied in the Design Materials shall belong to the Architect or its Design SubArchitects in accordance with their contractual relationship and may be copyrighted by them in the United States or in any other country, or be subject to any other intellectual property protection. b. As to those Design Materials subject to copyright or as to which patent or trademark, or any other form of intellectual property protection has been, is or will be obtained, the Architect grants to City as of the date that the Design Materials are delivered or required to be delivered to the City, a.world-wide,paid-up,nonexclusive,nontransferable(except as provided) license for the term of intellectual property protection, for the City to use, reproduce and have reproduced, display and allow others to display and to publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation to the Architect or any third party subject to the following restrictions: (a) All copyright and other intellectual proprietary rights in or relating to any of the Design Materials, shall remain the property of the Architect or Design SubArchitect whether or not the Project is constructed. It is understood that, except as provided in this paragraph, the Architect.and Design SubArchitect shall have the right to use any detail, part, concept or system(s) shown on, specified in, or inferable from the Design Materials on any other project and to retain copies for the Architect's or Design SubArchitect's future use; (b). City shall not, without prior written consent of the Architect or Design SubArchitect use Design Materials or documents, in whole or in part, for the construction of any other project. If,however, City agrees to indemnify the owner of the intellectual property rights against liability arising from the misuse or incorrect use of Design Materials by City, City shall be entitled to, at no additional cost to the City, use such materials and doe-uments 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. AGI-981 Page 8 EXHIBIT A - Page 10 of 38 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 stnicture(s) having a substantially similar architectural expression so that an average person would relate the structure(s) to the Project. Architect and its Design SubArchitects shall, however, be free to use individual features from the Project or combinations of features in other projects, so long as the Architect, complies with the first sentence of this paragraph. Architect shall include this provision in its contracts with its Design subArchitects and provide copies of these agreements to City. d. As of the conclusion of the Project, or in the event of termination of the Agreement, Architect shall turn over to City any of the Design Materials referred to in above which have not yet been submitted to City. Architect shall submit the Design Materials to City within ten days of the conclusion of the project, or date.of termination. In the event of the failure by Architect to make such delivery,as provided above, Architect shall pay City any damages City may sustain from the failure. 15. Annual Appropriations. If the Agreement awarded.as a result of a bid or request for proposals.extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any agreement is conditional upon annual appropriation of funds by said governing body and that before providing services or materials for which funds have not been appropriated. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein maybe hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Architect: cry rt t s E✓�RSc 0 t v.x- WE City of Aspen E.5I60 130 South Galena Street L,f,A X Aspen, Colorado 81611 -b*0-4trL- CO 9-7� aZ-� . 1 k3A 3o7- F8' -9131 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. AGI-981 page 9 .. EXHIBIT A - Page 11 of 38 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 ten-n. No terin, 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 teen, covenant, or condition to be performed by Architect to which the same may apply and, until complete perfonnance by Architect of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager or Mayor(or duly authorized.official in his absence)to execute the same. 21. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101. a. Purpose. During the 2006 Colorado legislative session,the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions,including the Owner, from knowingly hiring an illegal alien to perform work ' under a contract, or to knowingly contract with a Architect who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program"means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended,that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program"means the employment verification program established pursuant to Section 8-17.5-102(5)(e). 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 perfonnance. C. By signing this document, Architect certifies and represents that at this time: AGI-981 Page 10 EXHIBIT A - Page 12 of 38 1. Architect shall confirm the employment eligibility of all employees who are newly hired for employment to perfonn work under the public contract for services; and 2. Architect has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not illegal aliens. d. Architect hereby confirms that: 1. Architect shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Architect shall not enter into a contract with a subArchitect that fails to certify to the Architect that the subArchitect shall not knowingly employ or contract with an illegal alien to perforin work under the Public Contract for Services. 3. Architect has confirmed the employment eligibility of all employees who are newly hired for employment to perforin 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. AGI-981 Page 11 _ EXHIBIT A _ Page 13 of 38 7. If Architect violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this . Agreement. If this Agreement is so terminated,Architect shall be liable for actual damages to the Owner arising out of Architect's violation of Subsection 8-17.5-102, C.R.S. 22. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or.amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect.or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change.or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. AGI-981 Page 12 — EXHIBIT A - Page 14 of 38 i 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 ASPEt i,COLORADO: ARCHITEC E VVITNESSED BY: By. APPROVED AS TO FORM BY: REVMWED BY: /City Attorney Project Manager !PW-12A 20144vt'citybityattyLzmhtagl-981 Am r i t AGI-981 Page 13� EXHIBIT A - Page 15 of 38 City of Aspen Standard Terms and Conditions—Architectural Services 0 City of Amip4el STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENTS AGC-981 Page 1 EXHIBIT A - Page 16 of 38 City of Aspen Standard Terms and Conditions—Architectural Services �Yersion AGC-981> AGC-981 Page 2 EXHIBIT A - Page 17 of 38 City of Aspen Standard Terms and Conditions-Architectural Services CITY OF ASPEN, COLORADO STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT (Version AGC-981) These standard terms and conditions have been prepared by the City of Aspen to be incorporated by reference into Agreements entered into between the City of Aspen and architects or professional architectural firms for professional architectural services. The provisions herein are interrelated with other standard contract documents customarily used by the City of Aspen and a change in one may necessitate a change in others. Whenever a conflict exists in the terms and conditions of this document and the Agreement, the terms and conditions set forth in the Agreement shall take precedence. ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES 1.1. GENERAL I.I.I. The Architect shall perform the services undertaken according to the Agreement with the City. The part of the project for which Architect is to provide services pursuant to the Agreement with the City is hereinafter called This Part of the Project. 1.1.2. The Architect shall designate, when necessary, a representative authorized to act in the Architect's behalf with respect to This Part of the Project. 1.1.3. The Architect's services shall be performed in character, sequence and timing so that they will be coordinated with those of the City and all other consultants for the Project. 1.1.4 The Architect shall recommend to the City the obtaining of such investigations, surveys, tests,analyses and reports as may be necessary for the proper execution of the Architect's services. 1.1.5 The Architect shall provide progress copies of drawings, reports, specifications and other necessary information to the City and other consultants. All aspects of the Work designed by the Architect shall be coordinated by the Architect, and the Architect shall also become familiar with the Work designed by the City and other consultants as necessary for the proper coordination of the Project. AGC-981 Page 3 EXHIBIT A - Page 18 of 38 City of Aspen Standard Terms and Conditions—Architectural Services 1.1.6 The Architect shall cooperate with the City in determining the proper share of the construction budget to be allocated to This Part of the Project. 1.2 BASIC SERVICES The Scope of Work document shall set forth the Basic Services which the Architect has agreed to perform. The Scope of Work may consist of one or.more of the following phases. The terms and conditions set forth below apply to those phases which have been made a part of the Scope of Services. SCHEMATIC DESIGN PHASE 1.2.1 The Architect shall ascertain the requirements for This Part of the Project and shall confirm such requirements with the City. 1.2.2 The Architect shall review alternative systems with the City, attend necessary conferences, prepare necessary analyses, drawings and other documents, be available for general consultation, and make recommendations regarding basic systems for This Part of the Project. When necessary, the Architect shall consult with public agencies and other organizations concerning utility services and requirements. Cost of This Pat4 of the Wejeet based on eur-rent area, volume or-other-unit eests, as direeted by the Qty DESIGN DEVELOPMENT PHASE 1.2.4 When authorized by the City,the Architect shall prepare from the Schematic.Design Studies approved by the City the Design Development Documents. These shall consist of drawings and other documents to fix and describe This Part of the Project, including materials, equipment, component systems and types of construction as may be appropriate, all of which are to be approved by the City. 1.2.5 The Afehiteet shall submitte the City further- St-At-efflent Of Probable CenstFuetion Cost of This Pat4 of the Projec4 CONSTRUCTION DOCUMENTS PHASE 1.2.6 When authorized by the City, the Architect shall prepare from the Design Development Documents drawings and specifications setting forth in detail the requirements for the construction of This Part of the Project, all of which are to be approved by the City. The Architect shall prepare AGC-981 Page 4 EXHIBIT A - Page 19 of 38 City of Aspen Standard Terms and Conditions—Architectural Services the Drawings and Specifications in such fonnat as the City may reasonably require. 1.2.7 The Afehiteet shall advise the Gity of any adjustments to previous Statements of Pfebable 1.2.8 The Architect shall assist the City as necessary in connection with the responsibility for filing the documents concerning This Part of the Project required for the approval of governmental authorities having jurisdiction over the .Project. Architect shall develop and assemble _ comprehensive building permit submittal package(s) and shall assist the City and/or its Agent(s) in meeting all necessary building permit submittal requirements. Architect shall seek comments from building permit review process. and shall develop and submit appropriate responses to facilitate timely issuance of building pen-nit(s). BIDDING OR NEGOTIATION PHASE 1.2.9 if required by the City, the Architect shall assist the City's project engineer in obtaining and evaluating bids or negotiated proposals, and in awafding and preparing ^^*ffi^+s f^"^ nstru^t:^^ CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.2.10 The Construction Phase will commence with the award of the Contract for Construction and together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due or, in the absence of a final Certificate for Payment or of such due date, sixty days after the date of Substantial Completion of the Work, whichever occurs first. - 1.2.11 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall assist the City in the Administration of the Contract for Construction with respect to This Part of the Project, as set forth below and in General Conditions of the Contract for Construction. 1.2.12 The Architect shall visit the site at intervals appropriate to the stage of construction for This Part of the Project or as otherwise agreed with the City in writing, to become familiar with the progress and quality of the Work for This Part of the Project and to determine if such Work is proceeding in accordance with the Contract Documents. The Architect shall keep the City informed of the progress and quality of the Work for This Part of the Project and shall guard the City against defects and deficiencies in such Work of the Contractor. 1.2.13 The Architect shall at all times have access to the Work for This Part of the Project wherever it is in preparation or progress. AGC-981 Page 5 EXHIBIT A - Page 20 of 38 City of Aspen Standard Terms and Conditions—Architectural Services 1.2.14 The Architect, based on observations at the site and on evaluations of the Contractor's Applications for Payment, shall assist the City in determining the amounts owing to the Contractor for This Part of the Project and shall certify such amounts to the City. Such certification shall be in writing if requested. 1.2.15 .Certification by the Architect to the City of an amount owing to the Contractor shall constitute a representation by the Architect to the City that, based on the Architect's observations at the site as provided in Subparagraph 1.2.12 and the data comprising the,Contractor's Application for Payment, the Work for This Part of the Project has progressed to the point indicated; that in the Architect's professional opinion, the quality of such Work is in accordance with the Contract Documents (subject to an evaluation of such Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated by the Architect); and that the Contractor is entitled to payment in the amount certified. r 1.2.16 Upon written request of the City, the Architect shall furnish to the City, within 10 days , written interpretations of the Contract Documents prepared by the Architect, if, in the opinion of the City, such interpretations are necessary for the proper execution or progress of the Work. 1.2.17 The Architect shall render written recommendations, within 10 days ^ reasonable + �', on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of This Part of the Project or the interpretation of the Contract Documents. 1.2.18 The Architect shall assist the City in detennining whether the City shall reject Work for This Part of the Project which does not conform to the Contract Documents or whether special inspection or testing is required. 1.2.19 The Architect shall review and approve, or take other-appropriate action upon, and forward to the City for final disposition the Contractor's submittals such as Shop Drawings, Product Data and Samples with respect to This Part of the Project; but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken within 10 days Feasenable prOmptness so s to eause no dela The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.2.20 The Architect shall assist the City in preparing Change Orders for This Part of the Project for the City's approval and execution in accordance with the Contract Documents. The Architect shall recommend to the City minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. AGC-981 Page 6 EXHIBIT A - Page 21 of 38 City of Aspen Standard Terms and Conditions—Architectural Services 1.2.21 The Architect shall assist the City in conducting inspections, with respect to This Part of the Project,to determine the dates of Substantial Completion and final completion,and shall review . and approve, or take other appropriate action on, the Contractor's list of items to be completed or corrected and shall forward the list to the City for final disposition. The Architect shall assist the City. in receiving and forwarding for review written warranties and related documents required by the Contract Documents and assembled by the Contractor with respect to This Part of the Project. The Architect shall issue to the City a final certificate in writing with respect to final payment for This Part of the Project. 1.2.22 If at any time during This Part of the Project the Architect determines that it is necessary to provide more extensive representation at the site for the Architect to fulfill the Architect's responsibilities at the site as described hereinabove, the Architect shall provide one or more Project Representatives, as necessary, to assist the Architect. Such Project Representatives shall be selected,employed and directed by the Architect. 1.3 ADDITIONAL SERVICES The following Services are not included in Basic Services unless specifically included in the Scope of Work. They shall, however, be provided if requested in writing by the City, and they shall be paid for by the City as provided in the Agreement, in addition to the compensation for Basic Services. 1.3.1 Providing financial feasibility or other special studies. 1.3.2 Providing planning surveys, site,evaluations, environmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.3.3 Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the construction Phase. 1.3.4 Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information related thereto. 1.3.5 Preparing documents for alternate, separate or sequential bids, or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase,when requested by the City. 13.6 Providing coordination of work performed by separate contractors or by the City's own forces. AGC-981 Page 7 EXHIBIT A - Page 22 of 38 Cit,,open Standard Terms and Conditions—Architectural Services 1.3.7 Providing services in connection with the work of a construction manager or separate consultants retained by the City. 1.3.8 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material,equipment and labor. 1.3.9 Providing engineering services or special consultants related to interior design services and other similar services required for, or in connection with, the selection, procurement or installation of furniture, furnishings and related equipment. 1.3.10 Providing services for planning tenant or rental spaces. 1.3.11 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or are due to other causes not solely within the control of the Architect. 1.3.12 Preparing_Drawings, Specifications and supporting data, and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.3.13 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities,and providing services required in connection with construction performed by the City. 1.3.14 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 1.3.15 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or the Contractor under the Contract for Construction. 1.3:16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction, based on marked-up prints, drawings and other data furnished by the Contractor to the City. 1.3.17 Providing extensive assistance in the utilization of any equipment or system, such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, AGC-981 Page 8 EXHIBIT A - Page 23 of 38 City of Aspen Standard Terms and Conditions—Architectural Services training personnel for operation and maintenance, and consultation during operation. 1.3.18 Providing services after issuance to the City of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.3.19 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.20 Providing services of consultants for other than the normal engineering services for This Part of the Project. 1.3.21 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 The City shall, with reasonable promptness, provide all available information regarding the requirements for This Part of the Project. 2.2 The City shall designate, when necessary, a representative authorized to act in the City's behalf with respect to This Part of the Project. The City, or such authorized representative, shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. Architect's invoice shall be for the period ending the 25th day of each month. The invoice should be received by the City's Project Manager no later than the l st of each month. 2.8 If the City observes or otherwise becomes aware of any fault or defect with respect to This Part of the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Architect. 2.9 The City shall consult with the Architect before issuing interpretations or clarifications of the Architect's Drawings and Specifications and shall request the recommendation of the Architect before acting upon Shop Drawings, Product Data, Samples or other submissions of the Contractor, or upon Change Orders affecting This Part of the Project. 2.11 The City shall advise the Architect of the identity of other consultants participating in the Project and the scope of their services. AGC-981 Page 9 EXHIBIT A - Page 24 of 38 City of Aspen Standard Tenns and Conditions—Architectural Services 2.12 The City shall review the Architect's work for compliance with the City's program and for overall coordination with the City's and other engineering requirements. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost of the Project shall be the total cost or estimated cost to the City of all elements of the Project designed or .specified by the City or the City's consultants. The Construction Cost of This Part of the Project shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Architect. 3.2 The Construction Cost of the Project or of This Part of the Project shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the City and, the City's consultants. 3.3 Construction Cost does not include the compensation of the City's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the City as provided in Article 2. 3.4 Evaluations of the City's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. 3.5 If a fixed limit of Construction Cost has been established, the City and the Architect shall establish, if practicable, a fixed limit of Construction Cost for This Part of the Project. If such a fixed limit is established, the Architect, after consultation with the City, shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents with respect to This Part of the Project, and to make reasonable adjustments in the scope of This Part of the Project to bring it within the fixed limit. If required, the Architect shall assist the City in including in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum related to This Part of the Project occurring after execution of the Contract for Construction. 3.5.1 If the Bidding or Negotiation Phase for This Part of the Project has not commenced within three months after the City receives the Construction Documents any Project budget or fixed limit of Construction Cost for This Part of the Project established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices in the construction industry between AGC-981 Page 10 EXHIBIT A - Page 25 of 38 City of Aspen Standard Terms and Conditions—Architectural Services the date of submission of the Construction Documents to the City and the date on which bids or proposals are sought. proposal,as provided in Stibpar-agmph 3.5.1) is e*eeeded by the lowest bena fi.de bid or-negotiated within sueh fixed limit for- This Paft of the Pr-ojeet. if it was not praetieable to establish a fixed liffl-it of Genstruetion Cost for-This-Part of the--, Rr-qjeet, and if the, JA;A,p.;t hAnp J4-di.,hid Ar RegE)tiateJ proposal, the Detailed Estimate of Construetion Cost of the Statement of Probable Gonst-fuetion Constfuetion Cest of the entire Project, the Cit�, may require that the-Dr-a-,-A,itigs and Speeifieations pfepar-ed by the Arehiteet be Fnedified without additional eompensation as neeessai-y to make them bear-a rzeasonable peAion ef the bur-den of redueing the Gonstr-tietion Gest ef This Paft of the Pr-ejee se &4 the fixed lifnit of Gonstr-tietion Cost fer the entire Pr-ojeet is fiet exeeeded. The providing of stieh seR,iee shall be the limit ofthe AFehiteet's rzesp onsibilit�,in this r-egafd, and having done so the Agreemei3t-. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave,holidays,vacations,pensions,and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the,Project (to the extent they are reimbursable by the City for the expenses listed in the following Subparagraphs;provided that Architect shall not be reimbursed for expenses unless prior written approval therefore has been obtained from City., 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approvals of authorities having jurisdiction over the Project. 1 AGC-981 Page 11 EXHIBIT A - Page 26 of 38 City of Aspen Standard Terns and Conditions—Architectural Services 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect, the City and the City's consultants. 5.1.3 Expense of data processing and photographic production techniques when used in connection with Additional Services. 5.1.4 If authorized in advance by the City,expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups requested by the City. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF SERVICES 6.1.1 Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made on the basis set forth in the Agreement. 6.1:2 The City shall disclose to the Architect, prior to the execution of this Agreement, any contingent or other special provisions relative to compensation. 6.1.3, The Architect'shall submit, in timely fashion, invoices for Basic Services, Additional Services and Reimbursable Expenses. The City shall review such invoices and, if they are- considered incorrect or untimely,the City shall review the matter with the Architect and confirm, in writing to the Architect within ten days from receipt of the Architect's billing, the City's understanding of the disposition of the issue. 6.1.4 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensation for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in the Agreement. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and AGC-981 Page 12 EXHIBIT A - Page 27 of 38 City of Aspen Standard Terms and Condition's-Architectural Services services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting. principles and shall be available to the City or the City's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Except for reference and coordination purposes in connection with future additions or alterations to the Work. Drawings and Specifications prepared by the Architect in instruments of service are and shall be the property, of the City whether the Project for which they are made is executed or not. The Architect shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for such information and reference. The Drawings and Specifications may be used by the City on other projects, or for completion of this Project by others. 8.2 The Architect shall maintain on file, and make available to the City, design calculations for This Part-of the Project, and shall furnish copies thereof to the City on request. 8.3 Submission or distribution to meet official regulatory requirements, or for other purposes in connection with the Project, is not to be construed as publication in derogation of the City's or the Architect's rights. JPW-12/15/14-M:\city\cityatty\arch\agc-981.doc 1 i I AGC-981 Page 13 `-LXa, �)� Padge 2$of 3 3.59 DESIGN Waterproof)for the architectural components of the overall development. We will provide Initial Interior Designs during the design and documentation process and incorporate the required work into the submittals required by Planning, Engineering, and Building Department reviews. 359 DESIGN's proposal includes a full service approach of evolving the current Schematic Design through . Construction Documents within the expectations communicated in our conversations. Our intent is to be an effective, integral component of the project team and to respond to the needs of the City Staff throughout the duration of the project. We have included all necessary interfaces with the Client as well as Client-retained consultants and vendors. For the purposes of this proposal,we have assumed that the General Contractor will be involved during the permit process and the design team will have access to that Contractor as a resource during design activities. WORK PLAN Our proposed Work Plan,is generally described as.- 1. s:1. Project Set-up and Refinement A. Project Set-up- We will work with the City of Aspen to determine project schedule. We will also help set-up all City held contracts. Final Scope for the.upcoming stages will beset during this phase.Internally, we will set backgrounds to ensure that all consultants are starting work from Day 1 of the Base Scope of the project. B. PUD Design Document Refinement—We will work with you to investigate the current design to examine if it can satisfy some recent requests: We will evolve the plan with you to get it to the ideal plan. One that is repetitive, livable,visitable,and constructible. We will also work with all consultants to arrive at a plan that technically works At the completion of PUD Design Document Refinement, documents may be sent out for trend cost modeling by a Cost Estimator. The correspondence with the CE is included in our fee. Many times, the result of attaining this information results in Change requests or changes in scope. It is common that changes in scope, size and level of detail occur during the design process. Changes after this stage will result in fee increases based on the extent of the revision. 2. BASE PROPOSAL A. 50%Construction Documents.All approved designs and modifications from the first cost modeling exercise or items not fully documented in PUD Design Document Refinement are inputted into the computer in Revit format allowing the most accurate and detailed drawings available.We will meet with you and collect your ideas,comments, requirements and requests from each meeting,which will direct the development of the design with the design team and all consultants. The time this phase takes is contingent upon the client's ability to make decisions in a timely manner. All levels of details are discussed until we achieve the desired results. At the completion of 50% Construction Documents,all items that we have been aware of with major cost impacts will be documented. Most products will be specified at this point,though particular model numbers or colors may still not be selected. 359 Design-710 West Colfax, Denver, C4-303-884-9131_-whentschel@359arch.com EXHIBIT A -Page 29 of 38 359 ' D IGN December 8,2014 Chris Everson City of Aspen 130 S.Galena Street,2nd Floor Aspen,CO 81611 Re: Burlingame Ranch Phase II,Single Family Residences Lots 1-2,3-4 Proposal for Architectural and Design Team Services Dear Chris Thank you for allowing us to propose the services of 359 DESIGN to you. We greatly appreciate the opportunity to respond to your request.We feel that our team is uniquely qualified to serve in the role of Architect for the residential nature of this project.We.are uniquely positioned to evolve the PUD design of these products.As,in the past(while at another firm)were have been directly responsible for the current design and state of the residential buildings.We feel that incredible efficiency can be realized,by utilizing a team that is innately aware of all of the design decisions leading to this point of the design. This proposal is intended to give you an idea how we see the components coming together to give you forward momentum on the project. SCOPE OF THE PROJECT The scope of the project includes the evolution of a previously contemplated design of 2 duplex properties(lots 1-2,&3-4)totaling 4 units within the Phase 11 of Burlingame Ranch in Aspen,Colorado. The current design has Lots 1-2 with approximately 1,825 sq.ft.above ground and an optional basement of 911 sq.ft.75%below grade. Lots 3-4 have approximately 1,783 sq.ft.on a sloping site,with the lower level being partially buried.All four lots have individual site conditions and unconditioned garages.We have used the PUD Drawings from January 2013 as the illustrating general concept. The resulting design scope includes a refinement of the design followed by an exercise to get to a permit submittal. Following the permit submittal,an alternate contractor bid process will occur and will coincide with the Permit correspondence and an evolution to final construction documents. Lastly an Alternate Construction administration stage will occur. The residential buildings,as currently planned,will be situated as duplexes and will tie into the existing infrastructure of Burlingame Ranch Phase I and II. The amenities and services are targeted at a higher range affordable for sale product. The design will be properly integrated with the immediate site.The design of the single family residential buildings will include interior design to exterior finishes inclusive of Structural Systems,MEP(Option 1-3-see Design Options),Civil and Landscape Design. It is contemplated that fire suppression and low voltage are design build and are parallel with the for sale product. These systems will evolve through the course of the design process. SCOPE OF ARCHITECTURAL SERVICES The scope of this proposal addresses 359 DESIGN's role in consultation to your team. In the context of this discussion,359 DESIGN will provide architectural services including the consulting design services of Structural Engineering,.Mechanical, Electrical and Plumbing(MEP) Engineering(as outlined in the options stated below), &Life Safety as required for permit submittal by the City of Aspen. We have followed the parameters of the City of Aspen,New Residential Building Permit Submittal Guide and Checklist(as of November 24,2014)as a guide. We will also include Landscape Architecture and Specialty Consultants(Acoustics, Parking& 359 Design-71.0 West Colfax, Denver, CO-303-884-9131-whentschel@359arch.com EXHIBIT A - Page 30 of 38 359 DESIGN Documentation during this phase will include: • All site features,decks,drives,walks,gardens and landscaping. • Overall Floor Plans for all Levels • All Unit Plans with Kitchen design,flooring, appliances and storage requirements. - - • All exterior elevations • - All interior Elevations of Kitchens and Bathrooms • Bath designs and fixtures. - • Schedules: Door and window sizes, manufacturers and types. • Reflected Ceiling Plans with Ceiling heights and details. - • Roof Plan with Roof design, materials and roof access. • Outline Finishes-Wall finishes and details,flooring materials. • Overall Sections at all critical positions within the building • Wall Sections at all critical locations _ • Stair Plans and Sections with Stairways and railings. • Wall Details, Roof, Deck and Floor Details • Initial Miscellaneous Details - • Structural Framing Plans, Evolved Details and Sections • Mechanical equipment requirements, locations and zoning. • 3D hand sketches of special features. B. Preparation of the 90%Construction Documents/Permit Set for the architectural and landscape architectural components of the site plan&the residential buildings based upon the approved 50% Construction Documents and Specifications. This milestone includes all.disciplines within the design team and will incorporate drawings, narratives and/or specifications as determined to be necessary for permit. The final documents being ready for the City of Aspen to start permitting and construction. It is important that all major changes are completed at this time as new changes are billable and become quite costly as the documents turn from 20 pages to 60 or so pages involving many outside consultants. Documentation during this phase will include: • Evolution of all documents completed within 50%Construction Documents. • All Detailing required for Permitting • Roof plans,Sections and Details m Site retaining details o Foundation design (pilings if required by soil testing) Foundation schedule • Structural slab design • Steel schedule(as needed) • Roof truss plan—girder truss(downloads) Beam schedule(as needed) ® Roof strapping plan(uplifts) a Strapping schedule ® Connections and details 359 Design-710 West Colfax, Denver, CO-303-884-9131.-wheritschei@359arch.com EXHIBIT A - Page 31 of.38 359 DESIGN • Truss to structure connections • Truss to truss connections (by truss company) Depending on Scope Option for MEP Final Mechanical, Electrical and Plumbing Drawings done on architects backgrounds noting: o A/C duct layouts. Supply and returns,duct sizes Equipment location,size and specifications • Heat load calculations to size units due to amount of windows and orientation Energy code calculations to size efficiency of units • Electrical load requirements to coordinate with electrical calculations. • Drip line drainage • Mechanical Unit installation connections Refrigerant lines • Electric Panel schedule • Electrical Distribution Closets • Electronic riser and notes • Circuited electric plan • Generatorr distribution plan if requested • Coordination with appliance schedule Coordination with electrical fixture schedule • Coordination with mechanical schedule • Solar photovoltaic panels and engineering(if used) o Plumbing Schedules • Plumbing and drainage diagrams ' 2. Alt 1—Bid Process With the client,359 Design(and select members.of our consultant team)will attend the pre bid conference,answer questions during the bid period, &produce additional information as needed. We will review all bids for inclusions and exclusions. We will verify that scope is covered. As needed we will sit in on interviews and work with the client to procure the contractor. 3. Alt 2—Permitting and Final.Documents During the Permit drawing review phase,359 Design will attend any regulatory meetings required. Our consultants are limited to two Instances during this period. We anticipate 2 rounds of permit comments and responses. In addition,during this time,we will refine interior elements of the design and construction detailing that does not affect the permit review or significantly affect the price. Following the last round of comments from the Building Department,our design team will produce 100%Construction Documents. We have reviewed the City of Aspen New Residential Building Permit Submittal Guide and Checklists located at http://www.aspenpitkin.com/Departments/Community-Development/Building/.We agree that our scope can cover items typically requested by the Design Team. Not included in our scope: Valuation Adjustment Affidavit and Construction Bid o Anything related to Asbestos 359 Design-710 West Colfax, Denver, CO-303-884-9131-whentschel@359arch.com EXHIBIT A - Page 32 of 38 M A`D IG N • Energy Code Compliance (if Option 2 or greater is selected for the Mechanical Engineer Scope) • REEMP Documents • Soils Report • Smuggler Superfund Soil removal Permit • Signed Special Inspection and Testing Agreement • Permit Fees We agree to submit all the Drawing Review Submittal Requirements as of November 25,2014,with the exception of: • Site Survey information 4. Alt 3-CONSTRUCTION PHASE Provide full Construction Phase services including; up to 2x monthly in-person construction meetings with weekly owner/architect/contractor Meetings(2x a week via phone),submittal reviews and documentation of normal design clarifications and minor contract modifications. This phase includes all disciplines within the design team(though consultants to-,359 will be on site significantly less). We have assumed a 12-month construction schedule in a single phase. Additional site visits may be provided as requested by the Client or as construction phasing requires. 5. Renderings&Illustrations;if requested,359 DESIGN will develop a 3D digital model of the development and develop up to two illustrative renderings for use by the Client. Multiple views of the model are available in this scope without rendering techniques applied. This work will be performed at hourly rates. DESIGN TEAM 359 DESIGN is proposing a design team that has been assembled to directly respond to the residential nature of the project.The selected Design Team represent significant experience with this project type and similar locales. Project Manager Will leads the team's efforts and will be serving as the client's point of Will Hentschel,Principal contact throughout the project and as project manager managing the Director of Design&project technical documentation &construction administration. He will also lead Manager the residential creative process and evolve the current design solutions. Project Architect Joe will serve as project architect dictating and drawing the technical Joe Sammartino documentation of the residential components.Joe will also be the Project Architect architect of record. Staff/Support Rachel Quinn—Project Designer Emily Connelly-Interiors 359 Design-710 West.Colfax, Denver, CO-303-884-9131-whentschel@359arch.com EXHIBIT A - Page 33 of 38 359 DESIGN_ Consultants Structural Engineering Structural Engineering for building elements and site improvements.SEG SGM—John Partch, Project will work with wood supplier and steel consultants on the building Lead st ru ctu re. Civil Engineering Site Documentation and incorporation with City Engineering. Sopris Engineering,Jesse Coordination with all consultants. Swann Landscape Architecture Site Landscape Design,Site Detailing, Landscape counts and instructions. Design Workshop, Mike Albert, Coordination with all consultants. Paul Squadrito MEP Engineering Living Comfort and Performance Engineering for building elements and SGM, mike Surbrier site improvements. Coordination with all consultants. Ben Preston, Project Lead Miscellaneous Engineering Acoustic Engineering&Waterproof/Snow Management EXCLUSIONS/CLARIFICATIONS, 1. Other Client provided consultants,such as legal services and associated surveying,geotechnical engineering, environmental analysis,environmental graphics,communications,dry utilities,fire suppression and specialty lighting are excluded. We have included coordination with these consultants if the schedule of their work coincides with ours. 2. The final residential building program and configuration will be a result of the Design Review Stage of the previous PUD design. This stage will determine the building size,footprints and interior fit outs/guide specifications. The design will help establish the infrastructure needs as they align with the developer and City goals/codes. 3. The below fee for residential program should be considered a final fee based on the current contemplated design. Any modification in unit numbers or substantial modification in sizes (beyond 30%increase or decrease),will alter the fee through Contract Addendums. 4. Scope does not include residential market studies or third party surveys/questionnaires. 5. The design of specialized systems, including but not limited to;solar,signage, communications/data systems,security systems,sound systems and low voltage systems are not included,however coordination with these vendors/suppliers has been included. 6. Interior Design options beyond a single option of the buildings is not included.Though we are open to discuss additional scope for owner modifications 7. We have assumed that the General Contractor,as is typical in this market,will provide any Fire Alarm and Fire Sprinkler system(s)on a Design/Build basis from the performance specifications produced as a component of the Construction Documents. 359 Resign-710 West Colfax, Denver, CO-303-884-9137.-Whentschel@359arch:com EXHIBIT A - Page 34 of 38 359 Dmk "ESIGN 8. Scope of work does not include construction cost estimating by the architectural teams; but we have included assistance during the selected Contractor's efforts in.budgeting/estimating. Scope does not include Client provided independent materials testing or third party construction inspection. FEE 359 DESIGN will provide the described design services through Permit Submittal for the fee of$82,850 as outlined below, plus standard reimbursable expenses. The fees within the proposal are based on hourly projects to complete the scheduled work. Project Setup and Refinement $ 5,000 1 - Base.Proposal for Permit Documents ■ Architecture&interiors $ 24,650 ■ Mechanical Electrical and Plumbing $ 16,500 U Structural Engineering $ 11,700 ■ Landscape Design $ 7,000 ■ Specialty Consultants(Waterproof,Acoustics) $ 2,000 ■ Civil Engineering $ 12,000 ■ Civil Drainage Report,Lots 1&2 $ 81000 Options stated below affect scope and are mainly mechanical and as a result structural in nature. Under the above quoted option,we see that efficiency can be gained by setting up the design parameters and vetting the MEP systems,which would be further executed as design build. Options are as follows(see attached Exhibit 1 for Order of magnitude): Option 1—Included in above Scope • Mechanical Systems Options Vetting and Design Development Narrative. Remainder would be Design Build by GC. Lighting System Design and Plumbing Fixture Selection Option 2—Includes Option 1 scope plus a Full Mechanical Systems Design and CA. Electrical and Plumbing Design- $ 20,500 Option 3—Includes Option 1-2 scope plus $ 12,500 o Full Cooling Design Options and Construction Documentation ALTERNATE SERVICES(see attached fee matrix(Exhibit A)for a full breakdown of fee estimates Alt 1--Bid Process $ 11,940 Alt 2—Permit and Post Permit Acceptance $ 31,300 Alt 3—Construction Administration $ 38,510 359 Design-710 West Colfax, Denver, CO=.303-884-9131-whentschel@359arch.com EXHIBIT A - Page 35 of 38 3 5 9 .D ES 140 JF4 N Reimbursable expenses directly attributable to work performed for this project includes,but is not limited to, Items such as travel,printing, long distance phone/fax calls,presentation materials, CAD plots, mail and delivery charges,and will be billed at cost plus ten percent. TERMS AND CONDITIONS The enclosed Work Plan identifies the anticipated sequence of services. A Lien waiver will be executed with all payments from City of Aspen to 359 Design. 359 Design will pay consultants as listed in this agreement including mechanical,electrical and Plumbing, Structural Engineering, landscape design,and civil engineering. 359 Design will obtain notarized lien releases with each payment made. These notarized lien releases will be held by 359 Design and transmitted digitally to the City of Aspen each time a payment is made. Payments are due and payable thirty days from the date of the invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the rate of 1.5%per month. An initial payment of$2,500 is due prior of the 'start of any work. This amount will be applied to the first invoice Additional services not outlined above will be performed on an hourly or stipulated fee basis when requested and authorized in writing by Client. Hourly fees will be based upon an "Hourly Rate Schedule." The design team's liability shall be limited for client's damages,to the maximum extent permitted by law,to the amount of$1,000,000 orthe design team's fees collected,whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. As.the Americans with Disabilities Act(ADA)and applicable building codes are subject to various and possibly contradictory interpretations,the design team will use its reasonable professional judgment to interpret these and other governing regulations to the extent they are known and applied to the project. The design team does not warrant or guarantee that the project will comply with all regulations or interpretations of.applicable codes, rules, and regulations as they apply to the project. It is intended by the parties to this Agreement that the Architect's services in connection with the project shall not subject the Architect's individual employees,officers or directors to any personal legal exposure for the risks associated with this project. Therefore,and notwithstanding anything to the contrary herein,The Owner agrees that as the Owner's sole and exclusive remedy,any claim,demand or suit shall be directed and/or asserted only against the Architect,a Colorado corporation,and not against any of the Architect's employees, officers or directors. PROPOSAL.ACCEPTANCE This proposal is valid for 3 months from date of signature and may be amended or extended after that time by mutual agreement of both parties. Please indicate your.acceptance of this proposal by signing both copies of. this proposal, returning one executed copy to our office for our files. Upon receipt we will format a version of our standard Agreement for Architectural Services and forward for execution. 359 Design-710 West Colfax, Denver, CO-303-884-9131-whentschel@359arch.com EXHIBIT A - Page 36 of 38 UPI G N 3 9 D 1 "' Thank you for this opportunity. We look forward to discussing how 359 DESIGN and our team may assist you on this PAd other projects in your portfolio. off • Date: �') J `r Date: / y Chris -verson,City of Aspen,Capital Assets Will Hentschel,359 Design,LLC Attachments: Exhibit A-Fee Matrix i I i 359 Design-710 West Colfax, Denver, C0=303-884-9131-whentschel@359arch.com 359 Design-Burlingame SFRs 1/2 314 Fee Nlalrix Exdvbit A ' r�t� November 27,2014' I t l Burlingame SFR's X • 2 14076 Last Updated 11/24/14 Project Start-up/Plan Base Proposal Alt 1-Bid Process Alt 2-Permit/Post Alt 3-Construction Estimated Total Fee w/Alt 1-3) r Architecture/Interiors Firm Refinement App to Acceptance Administration ...i... 1 ; :.:... K • :. :.•.. �...41. 'J-- 50 0 ' ': hY 'Y. qr-'•.. .. �,., '7.*00,h +. ..t .':i�-.. O 960 0 Estimated Reimbursable $600.00 $1,445.50 $594 $1,8451 $2,096 $7,10 359 Fees $5,600 $22,096 $6,534 $20,295 $23,056 $78,100 Project Set-up and Base Proposal Alt 1-Bid Process Alt 2-Permit/Post Alt 3-Construction Estimated Total Fee w/Alt 1-3J Consultants-Estimated Firm Refiement App to Acceptance Administration Mechanical/Electrical/Plumbing(Opt 1) SGM $0 $16,500 $500 $4,700 $5,800 $27,500 JJ Structural SGM $0 $11,700 $1,000 $1,000 $5,800 $19,500 Landscape Design Workshop $0 $7,000 $2,000 $1,650 $1,650 $12,300 Civil Sopris $0 $12,000 $1,000 $1,500 $2,000 $16,500 Civil-Drainage Report-Lots 1/2 Sopris $0 $8,000 $500 $2,000 $0 $10,500 Waterproof/Snow Management BC&E $0 $1,000 $500 $1,000 $1,500 $4,000 Acoustics \ DLAdams $0 $1,0(30 $500 $1,000 $800 $3,300 S ..:•:... }Y..,.E:..:,.b, ......;. .'. .:2„ConSU)Lant5 w i `,.:i.":>.,t.Ubtotal Estimated Reimbursable 5.0% $0 $2,860 $300 $643 $878 $4,680 Consultants Fees $0 $60,060 $6,300 $13,493 $18,428 $98,280 Base Proposal Base Proposal. Alt 1-Bid Process Alt 2-Permit/Post Alt.3-Construction Estimated Total.Fee w/Att 1-3) SUMMARY App to Acceptance" Administration . -F-E o Reim 50 885 Duration(in months) 41.01 2.51 1.0 1.5 12.0 Design Fees/Month $5,0001 $31,1401 $11,940 $20,867 $3,209 Sched.Completion Early March 2015 I Early March 20151 Mid April 2015 May 2015 May 2016 Project Setup Base Proposal Alt 1-Bid Process Alt 2-Permit/Post Alt 3-Construction Estimated Total Fee w/Alt 1-3) Options-Value Added Firm App to Acceptance Administration Mechanical/Electrical/Plumbing(Opt 2) SGM $0 $17,100 $800 $0 $2,600 $20,500 Mechanical/El ectrical/Plurn bing(Opt 3) SGM $0 $10,200 $500 $0 $1,500 $12,200 Commisioning JSGM $0 $0 $0 $0 $5,500 $5,500 1)See Inclusions&Exclusions in Section 5 2)Mechanical/Electrical/Plumbing Optionl-Mechanical Systems Options and Design Development Narrative.Remainder would be Design Build by GC.Ught System Design,Plumbing/Appliance Fixture Selection 3)Mechanical/Electrical/Plumbing Option 2-All Scope In Option 1 plus full Mechanical Systems Design and CA.Electrical ND Plumbing Design 4)Mechanical/Electrical/Plumbing Option 3-All Scope in Option 1/2 plus full Cooling Design 3S9DESIGN EXHIBIT A - Page 38 of 38 AC 11/25/22014014CERTIFICATE OF LIABILITY INSURANCE DATE' IVYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT . NAME: Olson&Olson Ltd PHONE FAX IC, - A/C Noi:303 5655 S Yosemite Street#101 EMAIL Greenwood Village CO 80111 ADDREss INSURERS AFFORDING COVERAGE NAIC# INSURER A:Vallev Forge Insurance Co 20508 INSURED 365AR-1 INSURER B:COntinental Casualty Company4 359 Architecture LLC INSURER C: ' dba 359 Design, LLC INSURER D:Columbma Casualty Co 01127 710 W Colfax Ave Denver CO 80204 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:731228288 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.' NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCENSR WVD POLICY NUMBER MMIDDIYYYY MM/DDIYYYY LIMITS A GENERAL LIABILITY 8011429377 /1/2014 /1/2015 EACH OCCURRENCE - $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE (RENTED PREMISESS Ea occurrence) $300,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X7 POLICY PR0. LOC $ A AUTOMOBILE LIABILITY 6011429377 /1/2014 /112015 COMBINEDSING LIMIT Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS Ix X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident $ B X UMBRELLA LIAR X OCCUR 6011431159 /1/2014 /1/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED x I RETENTION$10,000 $ - r; WORKERS COMPENSATION 1 - 170387 2/24/2013 /1/2015 X WC STATU- I I OTH- AND EMPLOYERS'LIABILITY Y I N ORY LIMITS ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? Y❑ N I A (Mandatory in NH) E-L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability AEH591874869 /1/2014 /1/2015 Per Claim $1,000,000 Claims-Made Form Aggregate $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) General Liability includes Hired Auto and Non-Owned Auto. Contract work. Additional Insured(s):City of Aspen and the City's officers and employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Aspen ACCORDANCE WITH THE POLICY PROVISIONS. 130 S Galena St Aspen CO 81611 - AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 359