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resolution.council.086-23
RESOLUTION #086 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF ASPEN AND GILBERT SANCHEZ ARCHITECT AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a change order for Old Powerhouse Preservation Design and Construction Administration Services, between the City of Aspen and Gilbert Sanchez Architect, a true and accurate copy of which is attached hereto as Exhibit "II"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that change order for, $225,819.57 between the City of Aspen and Gilbert Sanchez Architect 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 20th day of June 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, June 20, 2023. Nicole Henning, City lerk DocuSign Envelope ID: 3FDBOD04-26CF-4346-A554-9B361C10FE50 CITY OF ASPEN General Information Vendor Change Order Number Date of Issuance Project Name Change Order Form Gilbert Sanchez Architect PLLC Change Order #002 May 17, 2023 Old Powerhouse Preservation Project Project Number 151420 Project Completion Date 1 5/31/2025 Project Manager COA Account Code Evan Pletcher 000-119-81200-XXXXX-51420 Project Information Description Of Service The original contract being utilized for this project was approved by Council as Resolution #015, 2017 for the Old Powerhouse Preservation Project Between Studio B Architects and the City. This Contract was amended when Gilbert left Studio B and went out on his own and the City decided to continue working with Gilbert Sanchez Architect directly on the project. The original contract was intended to cover the entire redevelopment project Project design began in 2017, but was put on hold when the City shifted its focus to building the new City Hall. The project team pivoted to set the OPH up for temporary office use for City Staff and ACRA. Add services #001-#004 reflect the additional services required by the architect to design the OPH for temporary use. Upon completion of City Hall, the OPH project for which the Architect was originally contracted was restarted. 1 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Description Of Change Order Contract Information Original Contract Amount Previous Change Order(s) Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) Final Contract Amount l(Including All Change Orders) Revised Completion Date This change order is for Phase IV (the final phase)of the project which includes Design Development, Final Design, and Construction Administration. This change order will provide design services, permit review, and design team coordination, including construction administration services, through construction. 100% construction documents will be produced, and a complete permit package submitted. $310,850 $69,860 $225,819.57 $606,529.57 5/31/2025 Signature 1. Contractor (Required) 2. Project Manager (Required) �� P 3. Department Head °ocuSigned br. (Required) S"v IeseeeAaZDAVUSA. 4. — . Procurement Officer br:(Required) [D*euSl9ned {, JJAki 5. City Attorney (Required ECC"Slipadby, . Based On Value Of pocvSigned by, JbAL �`i �' Thresholds) aa2FQAd0A55G90... 6. City Manager (Required ' DeeuSignaA 6y Based On Value Of SAM I:. Thresholds) 6/12/2023 11 1:30:13 PM Mi 6/12/2023 1:27:49 PM M[ Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy "Change Orders And Add Services Request" (page 30). 2 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 TABLE OF CONTENTS Contract Summary:_ Page 4 Change Order #00Z Pate 5 Change Order #001: Pace 14 Add Service #004: Page 19 Add Service #003: P Add Service #002: _Page 1 Add Service #001: _ Page 22 Original Contract: P Project Transfer Agreement - Studio B to Gilbert Sanchez: Page 83 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Fee Billed Remaining Original 2016 Contract $310,850.00 Add Service #1- Exist'g Mech $3,200.00 Add Service #2 - ACRA TI $9,000.00 Add Service #3 - Phase II CA $14,560.00 Add Service #4 - Gas vs. Electric Analysis $5,200.00 Adjusted 2016 Contract $342,810.00 $117,754.57 $225,055.43 2022 Concept Design Adjusted 2016 Contract $37,900.00 $18,775.00 $19,125.00 $380,710.00 $130,969.68 $244,180.43 Remaining from Adjusted 2016 Contract $244,180.43 Change Order #002 Amount $225,819.57 Adjusted 2016 Contract Amount $606,529.57 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 OLD POWERHOUSE REMODEL / PHASE IV SUPPLEMENT TO THE AGREEMENT FOR ARCHITECTURAL SERVICES C/O Jack Wheeler V Concept One Group jackv@conceptonegroup.com Dear Jack, This letter outlines revisions to the Architectural Services identified in our AIA 13101-2007 Agreement dated February 13, 2017. These services have previously been modified at the request of the City of Aspen to accommodate the City's changing needs. Phase I (Temporary location of City offices on the second floor) and Phase II (Temporary location of ACRA on the first floor) were completed in 2017 and 2018. Phase III consisted of conceptual design for the permanent location of city offices in the facility and was completed earlier this year. This document addresses the anticipated scope of work for the Design + Documentation Services for Phase IV which is intended to accommodate long-term City of Aspen office use as identified in the Phase III Conceptual Design approved by City Council. REVISIONS TO THE AGREEMENT ARTICLE 1.1 Add the following: Phase IV Design + Documentation Scope of Work: 1. Architect / Gilbert Sanchez Architect PLLC + Galambos Architects, Inc. a. Schematic Design b. Land Use Approvals: Stream Margin, Historic Preservation, Commercial Design + GMQS c. Design Development d. Construction Documents e. Construction Administration fees are estimated and will be billed hourly. 2. Civil Engineering Services / River City Consultants, Inc. a. Schematic Design b. Land Use Approvals: Stream Margin, Historic Preservation, Commercial Design + GMQS c. Design Development d. Construction Documents e. Construction Administration fees are estimated and will be billed hourly. 3. Preservation Consultant / Wiss Janey Elsner Associates, Inc. a. Schematic Design b. Land Use Approvals: Stream Margin, Historic Preservation, Commercial Design + GMQS c. Design Development d. Construction Documents e. Construction Administration fees are estimated and will be billed hourly. 4. Structural Engineer / Glenwood Structural & Civil, Inc. a. Schematic Design b. Land Use Approvals: Stream Margin, Historic Preservation, Commercial Design + GMQS c. Design Development d. Construction Documents e. Construction Administration fees are estimated and will be billed hourly. gilbert sanchez architect pllc / 82 south magnolia pond place / the woodlands, tx / 77381 / grsanchezaia@gmail.com 5 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 MEP Engineer / IMEG Consultants Corp. a. Schematic Design b. Land Use Approvals: Stream Margin, Historic Preservation, Commercial Design + GMQS c. Design Development d. Construction Documents e. Construction Administration fees are estimated and will be billed hourly. 6. Surveyor / Sopris Engineers a. Updated Site Improvement Survey ARTICLE 1.2 Add the following: A preliminary Project Schedule (Exhibit F) is attached. The Project Schedule may be impacted by the City of Aspen's Land Use process including required approvals by City staff, the Historic Preservation Commission and Aspen City Council. The Project Schedule may be adjusted by mutual agreement. ARTICLE 11.5 Add the following. For Phase IV Design + Documentation compensation, see Exhibit G attached. ARTICLE 11.7 Add the following. For Phase IV Design + Documentation Standard Hourly Rates, see Exhibit H attached. By Archivef 1 Gilbert Sanchez, AIA Principal, Gilbert Sanchez Architect PLLC Date: 5/17/23 By Client: City of Aspen Date: gilbert sanchez architect pllc / 82 south magnolia pond place / the woodlands, tx / 77381 / grsanchezaia@gmail.com 2 6 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 e 2) EXHIBIT F deliverables + schedule M J J A S O N D N J F M A M J J N M min SCHEMATIC DESI N C n9rm A roved nceptu I Design i ' Pr BliminarySite De ign, Floc r Plans, Elevation + Sect ns Develop Praliminary Material Palette Develop Pm4iminiary Structural + MEP Building System Establish Sistainability Goals CD a' Coordinate Design m a & Owner's C nsultan s 0 : Confirm Pr gram C mplianc Confirm B Iding Code + Zoring Comi fiance As silt GC i vith Cost Estimati ig 3"months e'sl. LAN U5 APP OV L Stream Margin F eview A(Iministrz live App at HPC R view for Minor D(velop nt + Cor imercial Design Standar is 4 a HPC R,,commer dations Counc I for Plat ined Del telopme it + GM W ) Counci Approva for Plan ied Dev 31opmen + GM a-C m _ J O U DES GN D VE PM NT Refine 3itePlan Floor Plans, Ele eaflons + Section r 3 Devela Materia Palette 1) Refine wilding ystems Coordil iate Desil in Team & Cwne 's Const Itants Confirri i Prcgfan Compli ince c ConfifriBuildin Code + Zoning i pproval Complia ice O' o Confir CompliEnceMh8ustain bilityGcals Assist 3C with C ost Estir iating CONSTRUCTION DOCUMENTS r Prepa e Const r iction D Dcurrien s Pre pa a Specif cations Coord nale De ign Tea i & Cwj er's C oi 1sultanls Confir n Prograii Compliance Confir n Buildin I Code Land L se Appi oval Gor ipliance 3 Confir n Compl ance wi h 5usla nability 3oals O O ER ITTIN - Su brr it Buildin I Permit D mume r is -- -- - -- — City of P spen Pe mit Revio w PRICING NEGOTIATION VE Pre are & S jbmit Pri cing Doo iments — Revie Contrac r Bids Assist G with V lue Engii ieering CC NST UCT ON ADW ISTRATIO 4 12 months est• (Stop E of Worl to be N agotlat ) ConStft clion 4 servals n 0 Mori tor Car 5tructlorProgre is E s Alend Pri jest Site Meetini is a Re few Suit stitu lion Reques is o E Res and to ontract r Requ sts for Iiiformation U Review ubmltt Is 2 N C: O C O U - U 2 i c o U old powerhouse remodel DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 EXHIBIT G CHANCE ORDER + CONTRACT AMOUNTS Original 2016 Contract Amount Previous Change Orders! $310,850.00 $69,860.00 Current Change Order $225,819.57 Final Contract Arnountj 1 $606,529.57 gilbert sanchez architect pllc / 82 south magnolia pond place / the woodlands, tx / 77381 / grsanchezaia@gmail.com DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 g03M EXHIBIT H 2023 HOURLY RATES FOR GILBERT SANCHEZ, AIA Not for Profit/Civic Clients $200/Hr Private/Commercial Clients $250/Hr Legal Expert/Design Consulting $300/Hr DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 2023 HOURLY RATES FOR GALAMBOS ARCHITECTS John Galambos $225/Hr Project Manager $180/Hr Project Architect/Job Captain $120/Hr Intern Architect $90/Hr Administrative $75/Hr 10 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 LABOR RIVERCITY CON e is LTA NTS EXHIBIT B RATE SCHEDULE Principal $180.001hr Principal -Expert Witness $275.001hr Senior Professional Engineer $155.001hr Senior Professional Land Surveyor $160.00/hr Design Engineer/Technical Lead $130.001hr Professional Land Surveyor $135.00fir Senior CADD/GIS Technician $100.0011hr CADD Technician $90.001hr Project Coordinator / Planner $80.001hr Field Surveyor BoundarytTopo $145.00/hr Field Surveyor Construction Staking $155.00/hr Field Technician $90.00/hr Utility Locator $95.001hr Engineering/Survey Intern $60.001hr Clerical $45.001hr MISCELLANEOUS Reproduction Paper $0.25/sf Mylar $15.00/sheet Vehicle mileage (based on current IRS Mileage Rate) Recorded Document Research Cost Materials Cost + 10% Rental equipment Cost + 10% Travel expenses (out of town) Cost + 10% Third party charges will be passed through to the client at invoice plus 10% for handling. A late charge of 1.5% per month (18% annual) will be added to any unpaid invoice after 30 days. DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B361C10FE50 I STRUCTURAL & CIVIL, INC. ENGINEERS i C 0 N S T H U C T 9 R S 2023 Schedule of Rates and Reimbursable Principal-in-Charge................................................................... $260/hr Project Manager........................................................................ $200/hr Project Engineer........................................................................ $170/hr Structural Tech/Drafting............................................................ $150/hr Administrative............................................................................ $100/hr Reimbursable Expenses ............................................. Direct Expenses Mileage...........................................................................$0.63 per mile Consultants................................................................. Direct Expenses In-house Letter & Legal copies............................................$0.25/sheet (Large orders only) In-house Engineering Size Prints (D size)...........................$2.70/sheet (Large orders only) z:\jobs\design\00001-glen standards\templates\gsc\rates\stdratesschedule220512.docx 812 Pitkin Avenue, Glenwood Springs, CO 81601 1 970-928-0135 I e-mail: gsc@sopris.net 12 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 2023 STANDARD HOURLY RATES (rates adjusted annually) Senior Client Executive / Senior Market Director/ VP $310 Client Executive / Market Director $275 Project Executive $255 Senior Project Manager II $230 Senior Project Manager 1 $190 Senior Engineer Technical Specialist $240 Senior (Engineer / Planner / Consultant) III $230 Senior (Engineer / Planner / Consultant) 11 $200 Senior (Engineer / Planner / Consultant) 1 $180 Project (Engineer / Planner / Consultant) 11 $160 Project (Engineer / Planner / Consultant) 1 $150 (Graduate Engineer-Designer/Coordinator/Consultant) IV $130 (Graduate Engineer - Designer / Coordinator / Consultant) 111 $115 Senior Technical Specialist $205 Senior (Designer / Authority / Analyst) 111 $185 Senior (Designer / Authority / Analyst) 11 $175 Senior (Designer / Authority / Analyst) 1 $155 Project (Designer / Authority / Analyst) 11 $145 Project (Designer / Authority / Analyst) 1 $135 (Designer/Authority) 11 $110 (Desi ner / Authority / Intern) 1 $105 HIT Strategy Executive $300 Senior Construction Administrator $175 Construction Administrator $145 Senior Virtual Design Coordinator $135 Virtual Design Coordinator $125 Senior Virtual Design Technician $120 Virtual Design Technician $95 Administrative Assistant $85 *These rates are for staff located in the office providing the rates. Staff based in one of IMEG's other offices may have different billing rates. These rates can be provided upon request. 13 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 RESOLUTION #095 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF ASPEN AND GI]LBERT SANCHEZ ARCHITECT PLLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a change order for Old Powerhouse Preservation Design Services, between the City of Aspen and Gilbert Sanchez Architect PLLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that change order for, $37,900 between the City of Aspen and Gilbert Sanchez Architect PLLC 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 9th day of August 2022. 7KVL-� Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, August 9, 2022. L4bc&L Nicole Henning, City Clerk 14 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 ... ce pt G up Cullamrallon opportunity Guidance July 26, 2022, Mr. Rob Schober Capital Asset Director City of Aspen 130 South Galena Street Aspen, CO 81611 CITY OF ASPEN — CITY' OFFICES: GILBERT SANCHEZ ARCHITECT'MC PROPOSAL Dear Rob: The,purpose of this letter is to recommend the approval of the Gilbert Sanchez Architect PLLC Proposed Change Order to master contract agreement: which was executed on February 13, 2017, under resolution 15.2017. BACKGROUND In 2017, the City started work on the City Offices project and changed direction to accommodateACRA while City Offices was built. Now, Council'has .directed the team to -go back to the original plan to make the Old Powerhouse the permanent space for additional City offices and a possible public meeting room. This proposal is to reset the schematic design'tothe Old Powerhouse through. permit documents. PROJECT COSTS The cost of this proposed change orderis $37,000.00 for new schematic design, process. Construction Administration will be handled in future change orders. As the design team. understands the overall scope of the project there may be future design change orders. Total Cost of Proposed Change Order, $37AW Best.Regards, Jack Wheeler President Concept One Group, Inca 15 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381ClOFE50 OLD POWERHOUSE REMODEL / PHASE III SUPPLEMENT TO THE AGREEMENT FOR ARCHITECTURAL SERVICES C/O Jack Wheeler Concept One Group wheelerQconceptonegroup.com Dear Jack, This letter outlines revisions to the Architectural Services identified In our AIA 13101-2007 Agreement dated February 13, 2017. These services have previously been modified at the request of the City of Aspen to accommodate the City's changing needs. Phase I (Temporary location of City offices on the second floor) and Phase II (Temporary location of ACRA on the first floor) were completed in 2017 and 2018. This document addresses the anticipated scope of work for the Schematic Design tasks for Phase III which is intended to accommodate long-term City of Aspen office use. REVISIONS TO THE AGREEMENT ARTICLE 1.1 Add the following: Phase III Schematic Design Scope of Work: Architect / Gilbert Sanchez Architect PLLC a. Schematic Design ■ Space Programming Floor Plans • Roof Plan • Elevations • Exterior Lighting Plan • Preliminary Finish Selections • Coordination of the Design Team b. Pre -Application Conference with City of Aspen c. HPC Application + Initial HPC Review d. Three Progress Review Meetings w/ City Staff e. City Council Review 2. Civil Engineering Services / TBD a. Utilities b. Stormwater Management • Site Plan Impacts • Landscape Coordination • Gutters + Downspouts 3. Preservation Consultant / Wiss Janey Elsner a. Building Assessment Masonry Preservation • Roof Assembly • Waterproofing gilbort sanchez architect pile / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmall.com 16 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 4. Structural Engineer / TBD a. Schematic Design Narrative Roof Assembly = Elevator 5. MEP Engineer / IMEG a. Review Previous Reports ■ Boller • Aftemative Energy Opportunities b. Schematic Design Narrative • Electrical • Mechanical Plumbing Fire Suppression 6. Landscape Architect / Bluegreen a. Tree Removal Identification b. Landscape Schematic Design • Site Plan Impacts • Civil Coordination • Gutters + Downspouts ARTICLE 1.2 Add the following: Documents for the Phase III Schematic Design tasks shall be completed by December 1, 2021. The date for HPC review is subject to the HPC calendar and remains to be determined. ARTICLE 11.5 Add the following: For Phase III Schematic Design work, see Exhibit E ByArchiteqU Lyg!��c — Gilbert Sanchez, AIA Principal, Gilbert Sanchez Architect PLLC Date: 10/08/21 By Client: Jack Wheeler Concept One Group Date: gllbert aanchez architect pile / 300 south spring street #202 / aspen, colorado 81611 / grsanchezala@gm all. cam 2 17 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Phase III COA;Old 'Powerh6use Remodel Lhasa' 10' 5ch4t'*atic:Deslsn, Work 'October 9, 2021 EXHIBIT E Firm or5ubconstuitant Role on project Fees Todd' Commems so Expenses GSA Architect $:ItAGO. $900 $ysr DD; ME Preservation +Rocflns $12,000, $12,500 TBD' :Civil Engineer 8f $2,000� $300 �3,300i it is anticpated that stvrmwater management for the project will be required. iaD Structural Engineer $1,500 $300 $1,800 IMEG' MEP Engineer $2,000 $l,000 $3,006 Fire Protectlon'(spiTnkler+619tm)'Wormance spec only Bluegreen t.andscapeArchitect $2,506 $goo $2,800 Work lneludesstormwatehmanagarkht solutions. 0 0 0 design Team Fee Total $35,000 $2,900 $37,goo 18 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 OLD POWERHOUSE REMODEL ADDITIONAL SERVICES AGREEMENT #4 Evan Pletcher Asset Department City of Aspen 130 South Galena St. Aspen, CO 81611 Dear Evan, This letter shall serve as an addendum to our executed Agreement dated February 13, 2017 for Architectural Design Services for the City of Aspen's Old Powerhouse Remodel Project. This contract adjustment will allow for professional services requested by the Owner and as outlined below. The general terms of the Agreement shall apply to these Additional Services unless noted otherwise. SCOPE OF ADDITIONAL SERVICES SCOPE OF WORK The Architect's Consultant shall provide an analysis + recommendations regarding replacement mechanical equipment (gas vs. electric) for the Old Powerhouse. PROJECT SCHEDULE The Consultant's report has been submitted to the Owner. PROJECT DELIVERABLES The Architect's Consultant shall provide a written report. COMPENSATION FOR ARCHITECTURAL REVIEW SERVICES The fee for Additional Services as outlined in this letter shall be billed as indicated in the table below. Hourly billings will be at the rates established in our executed Agreement. The total fee is estimated to be $5,200.00. MEP Analysis + Recommendation Report Fixed $5,200 By Architect: Gilbert Sanchez, AIA Principal Date: 1 /18/18 By Owner: City of Aspen Date: gilbert sanchez / architect / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmail. 1o�m DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 OLD POWERHOUSE REMODEL ADDITIONAL SERVICES AGREEMENT #3 Evan Pletcher Asset Department City of Aspen 130 South Galena St. Aspen, CO 81611 Dear Evan, This letter shall serve as an addendum to our executed Agreement dated February 13, 2017 for Architectural Design Services for the City of Aspen's Old Powerhouse Remodel Project. This contract adjustment will allow for professional services requested by the Owner and as outlined below. The general terms of the Agreement shall apply to these Additional Services unless noted otherwise. SCOPE OF ADDITIONAL SERVICES SCOPE OF WORK The Architect shall provide Construction Administration Services as outlined in this Agreement for the Phase II work of the Project. PROJECT SCHEDULE Work will commence upon the signed acceptance of this proposal and proceed within the Project Construction Schedule provided by McDonough Construction on September 7, 2017. The Project Construction Schedule is currently estimated at 8 weeks. PROJECT TASKS + DELIVERABLES The Architect's tasks + deliverables for this Additional Service shall be as folllows: • Weekly OAC Meetings by the Architect • Weekly Site Observations + Reports by the Architect • One Site Observation + Report by the Architect's Consultant • Monitor Compliance with the Construction Documents • Respond to Contractor Requests for Information • Review Submittals + Mock-ups • Assist with Project Closeout including Punchlist + Certifying Substantial Completion COMPENSATION FOR ARCHITECTURAL REVIEW SERVICES The fee for Additional Services as outlined in this letter shall be billed as indicated in the table below. Hourly billings will be at the rates established in our executed Agreement. ARCHITECTURE I Construction Administration Tasks + Hourly 48 estimated hrs; $9,360 CA Deliverables Outlined Above REIMBURSABLE EXPENSES Expenses, including travel related expenses, for these Additional Services are estimated to be $400.00. By Architect: Gilbert Sanchez, AIA Principal Date: 9/ 11 /17 By Owner: City of Aspen Date: gilbert sanchez / architect / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmail.com 20 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 OLD POWERHOUSE REMODEL ADDITIONAL SERVICES AGREEMENT #2 Evan Pletcher Asset Department City of Aspen 130 South Galena St. Aspen, CO 81611 Dear Evan, This letter shall serve as an addendum to our executed Agreement dated February 13, 2017 for Architectural Design Services for the City of Aspen's Old Powerhouse Remodel Project. This contract adjustment will allow for professional services requested by the Owner and as outlined below. The general terms of the Agreement shall apply to these Additional Services unless noted otherwise. SCOPE OF ADDITIONAL SERVICES SCOPE OF WORK The Architect shall provide an additional interior building permit package to accommodate temporary occupancy of the Old Powerhouse facility by ACRA. PROJECT SCHEDULE Building permit submittal is targeted for the week of August 14, 2017. PROJECT DELIVERABLES The Architect shall provide design consultation + documents suitable for permit application and submit for a building permit for the temporary occupancy of the facility by ACRA. COMPENSATION FOR ARCHITECTURAL REVIEW SERVICES The fee for Additional Services as outlined in this letter shall be billed as indicated in the table below. Hourly billings will be at the rates established in our executed Agreement. The total fee is estimated to be $9,000.00. ARCHITECTURE Design Consultation, Documentation Hourly $3,200* + Permit Submittal MEP I Design Consultation, Documentation I Hourly I $5,800 + Permit Submittal *The actual estimated fee for the architectural scope of work is $5,200,00. We are estimating a savings of $2,000.00 in the Phase I + II fee for the architectural scope and can apply that amount to this Additional Service. The resultant additional fee for architecture is $3,200.00. REIMBURSABLE EXPENSES Reimbursable Expenses shall be as outlined in our executed Agreement. No additional expenses are anticipated. By Architect: Gilbert Sanchez, AIA Principal Date: 8/10/17 By Owner: City of Aspen Date: gilbert sanchez / architect / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmail. tom DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 OLD POWERHOUSE REMODEL ADDITIONAL SERVICES AGREEMENT #1 Evan Pletcher Asset Department City of Aspen 130 South Galena St. Aspen, CO 81611 Dear Evan, This letter shall serve as an addendum to our executed Agreement dated February 13, 2017 for Architectural Design Services for the City of Aspen's Old Powerhouse Remodel Project. This contract adjustment will allow for professional services requested by the Owner and as outlined below. The general terms of the Agreement shall apply to these Additional Services unless noted otherwise. SCOPE OF ADDITIONAL SERVICES SCOPE OF WORK The Architect's MEP consultant, MKK, shall investigate and analyze the existing HVAC system and provide a report with recommendations to improve zoning + controls for the temporary occupancy of the Old Powerhouse facility. PROJECT SCHEDULE Work will commence upon the signed acceptance of this proposal and proceed within the Project Schedule established in the executed Agreement. PROJECT DELIVERABLES The Architect's MEP consultant, MKK, shall provide a written report with recommendations for improvements to the zoning + controls of the existing HVAC system during the facility's temporary occupancy. COMPENSATION FOR ARCHITECTURAL REVIEW SERVICES The fee for Additional Services as outlined in this letter shall be billed as indicated in the table below. Hourly billings will be at the rates established in our executed Agreement, MKK ANALYSIS OF I Investigation, Analysis + Hourly NTE $2,800 EXISTING HVAC Report w/ Recommendations REIMBURSABLE EXPENSES Travel related expenses for these Additional Services are estimated to be $400.00. By Architect: Gilbert Sanchez, AIA Principal Date: 8/10/17 By Owner: City of Aspen Date: gilbert sanchez / architect / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmail.com 22 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 zx DrAIA Document B101 TM - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the thirteenth day of February in the year 2017 (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other Information) The author of this document has added Information needed fortis completion. The author may also City f Aspen ty oP have revised the text of the original 130 South Galena St AIA standard form. An Additions and Aspen, Colorado 81611 Deletions Report that notes added Information as wag as revisions to and the Architect: the standard form text Is available (Name, legal status, address and other information) from the author and should be reviewed. A vertical line In the left Studio B Architects margin of this document Indieetea 501 Rio Grande Place, Ste. 104 where the author has added Aspen, CO 81611 necessary Information and where the author has added to or deleted for the following Project, from the original AIA text. (Name, location and detailed description) This document has Important legal consequences. Consultation with an Old Powerhouse Project ] attorney Is encouraged with respect 590 N. Mill St to Its completion or modification. Aspen, CO 81611 The Owner and Architect agree as follows. Init. AIA Document 0101' -� 2p07 formerly 8151"-1997). Copyright 01074, 1978.1087, 1597 and 2007 by7he AmOcan hi t e ofArchitechs.Nl rights reserved. WARNING. This AM Document Is prolircled by.lf.S, Copyright Law and lntomalional Troatles. Unauthorized coproduction er disirlhutton of thlr AiAe Document, or any portion of it, may result In cover@ civil and criminal ponallIes, and will be prasuculod to the maximum axUnl passlWe r under the law. TK5 document was produced by AEA 90wers at 11:18:24 an 01191 2017 under Qtdar No.4022618764 1 which expires on COMM017. and Is not for reside. ( User Notes: 1379101264) 23 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS. PROVISIONS 11 COMPENSATION 12 SPECIALTERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article .1 and in optional Exhibit A, Initial Information: The City of Aspen is in the process of developing a Plan to implement a complete repair and renovation of the Aspen Country Inn, The Scope of Services are described in the Request for Proposals ^ Architect/Design Services, dated December 18, 2015. The project will be divided into 5 phases, as follows A Conceptual Design .2 Schematic Design .3 Design Development .4 Fihal Design .5 Construction Administration § 1.2 The.Status of the Project: A proposed project schedule is as follows: Total Design Time: Fifty -Two (52) weeks; includes twelve (12) weeks for HPC review. Conceptual Design: Four (4) weeks Schematic Design: Eight (8) weeks Design Development: Twelve (12) weeks Init AIA nocument 51011" — 2007 Lormariy 9151-—1007). CapyrlghlM 1974, 1978, 1987,1997 and 2007 by The American Inslltule of Archllesfs. All rights reservad. WARNING: Thle AIA beeumont Is protected by U.S. copyright Law and Intcmdponal Tranflos. Unauthorized reproduction or dletrIbutloh 2 of this AIA' document, or any portion of It, may result In Severe clvll and rAminal penalties, and wilt be prosecuted 10 the maximum extent possible / under the law. This doeutnenl was produced by AIA software sl 11:10:24 on 0119NP017 under Order No.4022818784_1 w{ifch oTires on 0910312017, and is notlorresele. User Notes: (1379101254) 24 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Final Design CD: Sixteen (16) weeks Permits Submitted NO LATER THAN: TBD Construction & Closeout; TBD § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: TBD .2 Substantial Completion date: i TBD § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in'that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shidl provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Piojedt. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project, § 2.5 The Architect shall maintain the fallowing insurance for the duration of this Agreemea If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Ident(fy types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability Commercial General Liability insurance with minimum limit of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall contain a severabilityof interest's provision and a waiver of subrogation in favor of the Owner. ..2 Automobile Liability Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000,00) each occurrence with respect to each Architect's owned, hired and non -owned vehicles assigned to or used in performance of the Work. The policy shall contain a severability of interest's provision and a waiver of subrogation in favor of the Owner. .3 Workers' Compensation Init. AIA Dacum&n( 81U1m — 2007 Vormerly 1B151"-1997). Copyrl9hi 01974h1 taw and, l9R7 5 d 2007 by a The A Mclirl nitro of A bilocts. All lrlbulion his reserved. WARNING: 7hfs WA Document is protected by U.S. Copy p p of this ALO Document, or any portion of it, may result in ssvery clvll and criminal penalties, and will be prosecuted to the maximum extent possible 1 undar the law. This document was produosd by AIA software at 11:16:24 on 0113112017 under 0rder No.4022010780_1 which axplre8 on o9r0312017, ar}d Is rot for resole. User Notes: t1370101254 % 25 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 Workers' Compensation insurance to cover obligations imposed by applicable Colorado laws for any employee engaged in the performance of work under this contract, and En:ployers' LiabiNy,insurauce with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for cash accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE "DRED THOUSAND DOLLARS ($500,000.00) disease - each employee. The policy shall contain a waiver of subrogation in favor of the Owner. .4 Professional Liability Professional Liability insurance with the minimum limits of TWO MILLION DOLLARS ($2,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate, maintained through the statute of limitations. § 2.6 Insurance Policies: Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. § 2.7 Failure to maintain insurance: 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 Owner may immediately terminate this contract. §'2.8 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal orreplacement of each required policy of insurance. The insurance policies required by this Section shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire without at least 30 days'.prior written notice to the Owner. An additional certificate evidencing continuation of professional liability coverage shall be submitted with -the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. § 2:9 Governmental Immunity: The parties hereto understand and agree that Owner is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to Owner, its officers, or its employees, § 2.10 Owner's Insurance: The parties hereto understand that the Owner 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 Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA, Owner shall provide reasonable notice of any changes in its membership or participation. in CIRSA. ' § 2.11 Deductible: The Architect shall pay any amounts not covered under those polidics because of a deductible on the insurance policies provided by the Architect, ARTICLE 3 SCOPE OF ARCHITECTS BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, roofing, waterproofing, mechanical, landscaping, and electrical engiuecring services. Services riot set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the A:•chitect's services, and the Architect's consultants' services, consult with the Owner and tine Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner, § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information Ind.AIA Document 9101 "' — 2007 tormotiy B151 W—1997}. Copyrlpht a 1974, 197t1, 1987. 1497 and 20V by The American Instltula of ArChitecia. AI rights reserved. WARNING: rhis AIA� Document Is protected by V,S. Copyright Lew end Tntemallonal Trealles. Unauthorizad reproduction or distribution of this A3Ai Document, or any portion of it, may result In savors civil and criminal penalilas, and will ba prosecuted to the maximum extent posslblo u n d a r I h 0 few. Thfe docurneni wea produced byAlA software at 11,18:24 nn 01131M17 underOrdor No.44226187go_ 1 which aVita e on C910312017, and is not for resale. User Notes: (1379701264) 26 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 famished . by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 Architect shall be responsible for the coordination of all drawings and desigin documents relating to Architect's design annd used on the Project, regardless of whether sucb drawings and documents are prepared by the Architect, by Architect's consultants, or by the Owner's other consultants. Architect shall be responsible for the completcncss and accuracy of all drawings and specifications prepared by the Architect and the Architect's consultalnts, and all dimensional and layout information conuiuxed thereiut, Architect shall be responsible for the compliance of the plans and specifications with all applicable building codes, ordinances, regulations, laws and statutes. § 3.1.4 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the cornnencement of construction. § 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.6 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing tine Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.7 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or deliverymalhod and other initial information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) ahy inconsistencies discovered in the information; and (2),other information or consulting services that may be reasonably needed for the Project. § 3.2.31'he Architect shall present its preliminary evaluation to the Owner and shall discuss with the owner aitelmative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an Lutdrustanding with the Owner regarding the requirements of. the Project. § 3.2.4 Based on the "ect's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a pre]irninpry design illustrating the scale and relationship of the Project components. § 3.2.5 Based on lie Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other• documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include sorne combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architec( shall consider cmvirownenlally responsible design alternatives, such as material choices and building orientation, together with other considerations based oil program and aesthetics, in developing a design that AIA Doaument B10IIO — 2007 Lforinarly 01$11-1997). Copyrfght V 1974, 1078, 1987, 1997 and 2007 4y7he Arnodcan Inslltuto of Arohiloats. WI rights Intt. reserved. WARNING: This AIA Document l9 protected sly U.S. Copyright Law and Ent srnationaI Treaties. Una utha024d rap roduction or disuIbutton 5 of this AIAa ❑ocunwat, or any portion of 11, may result in severe deli and criminal ponaftles, and will be prosecuted to the maximum extent posslbie I under the law.Thls doeumant was produced byAIA software at II.16:24 on 01/aIi2o17 under Order No.402261678T1_1 which a)#res on 09An M17, and Is nolfor ressle. User Notes: ' (1370107264) 27 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-96381C10FE50 is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Ailicle 4., § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall assist the Contractor during development of estimates for the Cost id the Work, as well as actual participation in Value Engineering activities during each design stage. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES' § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe th6 development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect will assist with the update of the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4.CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6,4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparatibn of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary. and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall assist with the update of the estimate for the Cost of the Work at approximately the 50% Construction Documents stage, and after the 50% Construction Documents issue. § 3.4.5 The Architect, with the Construction Manager, shall submit the Construction Documents to the Owner, advise the Owner if any adjustments to the estimate of the Cost of the Work are necessary, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES AIA r1ocument 13101IN — 2a87 farmerfy 9151 m — 1907). Copyrighl Q 1974, 1078,1987. 1997 and 20Q7 by The Amarloan Insiftuto of Archllocls. All rights Init. rag0Nod. WARNING: Thto AlA� Doc umant la proloc19d by U.S. CopyrlghI Low and In tomattonat Treatie a, unauthorized repro duo tIon or dIatrlhutlon of thin A] At' Documsn1, or any portion of IL may result In cavare a I Y I I and criminal panaltios, and wlll be prosecuted to the maximum extent po9sibia under the Irw. This document was produoed by AIA software at 11:16:24 on 01/31/2017 under Order NoA022616780_1 which afrplroa on a310312017, and la MIA for resole. User Notes: (1379101254) 28 DocuSign Envelope ID: 3FDB0D04-26CF-4348-A554-9B381C10FE50 § 3.5.1 GENERAL The Architect shalt assist the Owner in establishutg a list ofprospective contractors. Following the Owner's approval of the Construction Documents, the Architect shrill assist Oho Owner in (1) obtaining eithta' competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 Omitted. .3 oiganizing and conducting a pre -bid conference for prospective bidders; .4 . preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; And .5 participate in the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3,5.3 NEGOTIATED PROPOSALS § 3,5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3,5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 Omitted. .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor asset forth below and in AIA Document A201Tm -2007, General Conditions of the Contract for Construction, as amended. .§ 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction •Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the Construction means, methods, tec}tniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to porform the Woik in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsiblo for, acts or omissions of the Contractor or Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect and the Architect's consultants shall visit the site at intervals appropriale to the stage of construction, or as otherwise required in Section 4.3.3, to bocomc generally.familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. In1t AIA Document 610iTM — 2007 ttarrnarly 8151�—1997). Copyrlgh! ❑ 1974. 1978, 1997, ISR7 and 2007 by Tha Amerfcan Inslltuto of Aroikocis. All flghts resorvad. WARNING: This AIA Dooulnant tt: protoctod by U.S. Copyright Lim and International Trealle5. Unauthorized raproductlon or disulbutlon of tma AIA° t)ocumont, or any portSon of It, may rasuti In soVaM civil and erlmInnI ponultlos, and w111 ba prosecuted 10 tune maximum Wont poosNo under tho Inw. This docurnontwas produaud by AIA saftwaru at 11:16:24 an 01131f2017 under Order No.4022618780_7 which erplres on 09103017, and Is not for resale. War Notes: (13791012ti4) 29 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 However, the Architect shall not be required to snake exhaustive or continuous on -site inspections to check the quality or quantity.of the Work. On the basis of the site visits, the Architect shall keep the Owner and Construction Manager reasonably informed about the progress and quality of tha portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2.The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of die Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employew.or other persons or entities performing portions of the Work, § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner, Construction Manager, or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.0.2.4'Interprotations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.4.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.0.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application'for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to•results of subsequent tests and inspections, (3) to correction of minor deviations from .the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhadstive or continuous on -site' inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.0.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. toil AIA Document 8101 w — 2007 Lfformarly 8151——1997). Cupyrlght Q 1974, 1978.1987, 1097 and 2007 by The Arnerdcan Inslllule of Archltacia. Al tights reserved. wARINING' This ALA Document Is protected by U.S. copyright Law end international Troalles. Unauthorized roprotiucttari or dtstrlbutlon of thla ALe Documsnt, or any portion of It, may rosuR In severe etv11 and erhrrinal ponaItlas, and will be prat aeuled to the maximum extant posslbIa I undor the iuw. This document was produced by AIA r.oftware at 11:18;24 on 01r3117 under Order Na.A022618780_1 which expires on 091Ml2017, end Is not for rssaIs. User Notes: (1379101254) 30 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 § '3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed hi the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, winch are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adegdacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6A.4 Subject to the pr❑visions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documonts. The Architect steal I set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect 'shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. T'he Contractor shall prepare Change Ordem for the Construction Manager's and Architect's review and Owner's approval. The Architect, Owner and Contractor execute Change Orders in accordance with the Contract Doaurrlents. The Architect shall prepare Construction Change Directives for the instruction of the Contract. The Architect and the Owner shall execute Construction Change Directives in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final comptction; issue Cr rtificates of Substantial Completion; receive fiom the Contractor and forward to the Owner, for the Owner's'review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6,6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect slialI inform the Owner about the .balance of the Contract Sum remaining to be paid the Contractor, including the amount to he retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) Init AIA nacument B10I" — 2007 prmady Bi5l'" — 1997). CopyrlghAO 1974, 1976. 1907, 1997 and 2007 by The Amarfcah institute of Archilects. 4A7I rights roeervad. WARNING: This AIA Vacument Is protected by U.B. Copyright Law end International Tre811e7, Unauthorized reproductloh or dTstribution 9 or tits A10 Document, or any portion of It, may result In severe civil and criminal penaltrea, and will he prosacutod to the maximum oxient possibio f undartho law. This document was produced by AIA software al 11:1824 on 01/3112017 Laid or Order Ne.402261878a_1 which aWras on 0910312017, and Is not for resale. User Notes: (1370101264) 31 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 affidavits, receipts, releases and waivers -of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents: § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project, The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide to the second column of the table below. In the third column indicate whether the service description is located in. Section 4.2 or in an attached exhibit .;f in an exhibit, identify the exhibit.) Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4.2'below or in an exhibit or - attached to this document and Not Provided identi ed below 4.1.1 Programming B202Tm--2009 NP 4.1.2 Multiple prelirainLq desilEs Architect Quantity of preliminary designs per Studio B Response to the RFP. i 4.1.3 Measured drawings Owner 4.1.4 Existing facilities surveys Owner, Architect 4.1.5 Site Evaluation and Planning B203T4-2007 NP § 4.1.6 Building Information Modeling 202TK-2008 NP 4.1.7 Civil engineering Architect 4.1.8 Structural cnginevEing Architect 4.1.9 Roofing and Envelope engineering Architect 4.1.10 Mechanical / Plumbing gggineering Architect 4.1.11 Electrical engineering Architect 4.1.12 Landscape desigg Architect 4.1.13 Architectural Interior Desi 252Tm2007 Architect 4.1.14 Value Analysis 204Tb 20071 Architect. Contractor Architect will assist Owner and Contractor in value analysis and participate in Value Engineering efforts at milestone desigu stages . will be led by others) fRow deleted) Architect, 4.1.15 Detailed cost estimating.Contractor 4.1.16 On -site Pro'cct R resentation 207TM--2008 NP Architect Issue for Construction Set of plans 4§ 1.17 Conformed construction documents ands I cs (Row deleted) - Architect RFls and ASIs may be an addendum to the drawing set and § 4.1.18 As-Desi ed Record drawings secs (Row deleted) 4.1.19 As -Constructed Record drawings Contractor 4.1.20 Post, occupancyoccupangy evaluation NP 14.1.21 FaciEty Support Services 210Tm-2007 NP 4.1.22 Tenant -related services NP 4.1.23 Coordination of Owner's consultants Architect, Contractor 4.1.24 Tcl mommunications/data design tJP AIA nocumnnt 8101m — 2007 prmorly MIN — 1997), Copyright 0 1974. 1078, 1967, 1gQ7 end 2007 by The Amnrloen inslitule of Arrhlhicis. AD rlghtr [nit. reserved. WARNING: This AIA Document ]a proteclod by U.S. Copyright taw ntid International Traatia4. Unauthorued reproduction or diotrlbutlon 1� of thla AIAe Document, or nny portion of it, may result In savere civil and criminal panaltios, and will be proxavutad to the maximum extent passible t under the law. This document was produced by AIA software at 11:16:24 on 01131R017 under Order 1Jo.402261 A790_1 which esquires on 0910312017, and Is not for regale. User Notes: (1379101264) 32 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 § 4.1.25 Security Evaluation and Planning 206 m-200 NP _ 4.1.26 Commissionin B211T"-20,0 NP 4.1.27 Environmentally responsible design Architect 4.1.28 Green Communities Certification NP 177nui 11P1010rif 4.1.29 Fast -track design services Architect 4.1.30 Historic Preservation 205TK-2007 NP § 4.1.31 Furniture, Fumishings, and Equipment Design NP 253T"-2007) § 4.1.32 Public presentations and City Council Architect Preparation for, and attendance at, public presentations, and City Council or other meetings If execution- of the above AIA service documents Is required, additional services by the architect maybe required, and would be negotiated with the Owner prior to enacting such services. § 4.2 Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this -document. § 4.3 Additional Services, other than those listed in Section 4.1 above, may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services under this Agreement, the Architect shall notit'y the Owner in writing with reasonable promptness and explain the facts and circumstances giving rise to the need. Upon recognizing the need to perform Additional Services related to the design under this Agreement, the Architect shall notify the Owner in wilting with reasonable promptness regarding those services The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .3 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the prat of the Owner or the 0wner's consultants or contractors; .4 Preparing digital data, other tban standard CAD, Revit, and .pdf files, for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .5 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner..... .6 If additional Construction Administration Services are required due to a change initiated by the 'Owner, or a delay beyond the control of the Architect, the Owner and A1'chiteef shall agree on an equitable adjustment; .7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; (Paragraph deleted) .8 Consultation' concerning replacement of Work resulting from fire or other cause during construction. § 4.3.2 `Fo avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner in writing with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal substantially out of sequence from the submittal schedule agreed -to by the Architect; AIA Document Ell 011 " — 2007 Vormedy 13151*1-19971. Copydghl Q 1974, 1970, 1907,1097 and 2007 byTho Amsdcan ]nsUlule of Archltocts. Al rights Intl. resurvod. WARNING: rhls AIA Doeurnant Is proiaelod by U.S. Copyright raw and Intemallonal Treat#os. lfnauthorizod roprodualon or distribution 11 otthlis A1Aa ooeumont, cr any portlon of It, may rosuit In sworn civil and crlminel penaltlar, and will be proseculcd to the maximum extant posslblo under the Jaw. This document was pro&csid by AIA eokware At 11:15:24 on 0113112017 under Order Na.4022818780 1 which arplms on 09J03 OW. and Is not for resale. 1379101254 Usor Notes: 1 33. DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 .2 Responding to the Contractor's requests for information where such information is available to the Contractor from a reasonable study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Inshvments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 90 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier, § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shaU notify the Owner: .1 Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 (1) One visit to the site per month in person by the Architect over the duration of the Project during construction for the purpose of conducting it Site Observation and preparing the issuance of a Field Report. .3 Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 Architect will patticipato in all weekly OAC Meetings, 3.4 per month. .5 The Architect will incorporate BFI's, ASI's, PR''s, CCD's, into Contract Documents, and complete the permit set. .6 The Architect will review and comment on the Meeting Minutes prepared by the Contractor for all OAC Meetings. .7 Substitutions: The Architect will respond to substitution requests as needed, none of which result in substantial revisions to the Contract Documents or extension of the Project Schedule. .8 The Architect will endeavor to be present for Pre -installation Conferences during monthly site visits. .9 Pay Applications: CM will review the Applications for Payment with the Contractor and make an initial recommendation regarding payment. Then the Architect will certify based on the Architect's site observations and project documentation. 10. Change Orders: CM will review proposed Change Orders with the Contractor and make an initial recommendation. The Architect will certify Change Orders. .11 Two (2) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within ( 48 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services, ARTICLES OWNER'S RESPONSIBILITIES § 5.1'Unless otherwise provided for under this Agreement, the Owner shall -provide information which is in the possession of the Owner to the Architect in a timely manner when requested of the Owner in writing by.the Architect. However the Owner is defined in this Agreement as the City of Aspen. Capital Asset Department. The responsibilities of the Owner herein do not include the actions or responsibilities of the building department, or any other jurisdictional or regulatory department of the City of Aspen. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6. 1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly' increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner has identified representatives authorized to act on the Owner's behalf with respect to the Project in Section I.I.I. The Owner shall render decisions in a timely manner in order to avoid unreasonable delay in the Architect's services. AIA 0acvment 9101 VA — 2007 farmsrty 9f 5t TA—1007). Copyright 0 1974. 1978, 1987. 19tt7 and Mir by The Amarlcan hatlivie of Archileote. All rights Init reserved. WARNING: Thin AIA�° ndcumunt Is protactsd by U.S. Copyrleht Law and lnternationel Treatlev. Unauthorized reproduction or distribution 12 of this Ate Document, or any portion of it, may result In severe cIVN and criminal penalties, and will be prosecuted to the moximum extent poealbis andorthe law. Thls document was produced byAIA software at 11:18!24 on 01131r2017 under Order No.402.2618780_1 which expires an 09 OV2017, and Is not far resale. Usar Nolen: (1379101254) 34 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 § 5.4 The Owner shall furnish surveys to describe physical characteristics, as necessary, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The Architect shall be entitled to rely on the accuracy and completeness of the infortnationl furnished by the Owner. § 5.5 The Owner shall funlisli services of geotechnicaI engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluatimis of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Arch it" t. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants, The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and deruonstratos that they are reasonably required by the scope orthe Project. The. Owtter shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests', inspections and reports required by law or the Contract Documents, such_ as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials, § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's instruments of Service. § 5.10 The Owner and Construction Manager may. communicate directly with the Contractor with a copy to the Architect. The Owner and Construction Manager shall communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall promptly notify the Architect of any direct communications that nnay affect the Archilect's services. Instructions to the Contractor shall be issued by the Architect to the Contractor in writing. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agrwment. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and pro frt. The Cost of the Work does not include tilt compcasatfon of the Architect, the costs of the land, rights -of -way, financing, and contingencies for changes in the Work or other costs that are die responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 51, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager's judgment as a design professional. It is recognized, however, drat neither the Architect nor the Owner has control over the cost of -labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating . conditions. Accordingly, the Construction Manager cannot and does not warrant or represent thatbids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Construction Manager, AIA 00CUMen1 13101'" - 2007 Votmarly B15i'"-19s7). CopyrlghtD 1974, 1078,1987, 1997 and 2007 byihe Amedom Irnlltuto of ArchMcls. All rights Init. m5arvod. WARNING: This WA Dacument is prolected by U.S. Copyright t rw and Intomatlpnal Treallrs. Unauthorized reproductlon or distribution 3 of thlc Al Doeumon1, a any portlpn of It, may result In severe dviI end criminal panaltles, and will ba prosAmtad to the max lmurn oxtant posVIbIQ r under the law. ThIB doolmant was produced by AIASDnworo at 11:16:24 on 0113112017 under Ord or NoA022618780_1 wtdch aJlros on 0210=17. and Is not fox resale. (1379101254) User Notes: 35 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 § 6.3 In preparing estimates of the Cost of Work, the Construction Manager 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; to make.reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents reasonable design alternatives within the defined program as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Construction Manager's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services by the Architect, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Construction Manager's es6rate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall snake appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner and Construction. Manager shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; ,3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or- .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. If the Owner's Program or scope is modified beyond solely reducing the Cost of the Work, the Architect may be entitled to Additional Services. Additional services would be negotiated prior to the work commencing. Minor adjustments to the quality would not impact this, ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such, information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect hereby assigns to the Owner, without reservation, all copyrights to all project -related documents, models, photographs, and other expression created by'the Architect. Among those documents arecertain "Instruments of Service," including the design drawings and the drawings and specifications that are included in the GMP Documents. The Owner's obligation to pay the Architect is expressly conditioned upon the Architect's obtaining a valid written comprehensive assignment of copyrights from his Consultants in terms identical to those that obligate the Architect to the Owner as expressed in this subparagraph, which copyrights the Architect, in turn, hereby assigns to the Owner. The Owner, in return, hereby grants the Architect a nonexclusive license to reproduce the documents for purposes relating directly to the Architect's performance of this Project, for the Architect's archival records, acid for the Architect's reproduction of drawings and photographs in the Architect's marketing materials. No other project -related documents may be reproduced for any other purpose without the express written permission of the Owner. No other copyrights are included in this grant of nonexclusive license to the Architect. This nonexclusive license shall terminate automatically and immediately upon the occurrence of either a breach of this Agreement by the Architect or termination. This nonexclusive license is granted to the Architect alone and shall not be assigned by the Architect to any other person or entity. Other provisions of this Agreement notwithstanding, this nonexclusive license shall terminate automatically upon an Architect's assigrument of this nonexclusive license to another or his attempt to do so. However, nothing in this paragraph shall be construed to AIA 0ocumnnt aialz1, — 2007 formerly B151T"—1097). Copyrlgh1® 1974. 1978, 1207, 1997 end 2007 by The American Insiitutn olArch liacts. All rights 1111t. renerved. WA4NlNG: Thls AIA� Document is protected by U.S. Copyright Law and tntornetional Troatles. Unauthorizod roproduotion or distribution 14 of eh[c Ale Document, or any portion of It, may result in severe chit and crtminsl penalties, and will bo prosecuted to the maximum axtont posslbio under the law. This document wee produced by AIA softwnre of 11:10:24 on 01131f2017 under Ordar No.4022G10780_ 1 which explres on 0810312017, and le riot for resale. User Notes: (1379101264) 36 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 preclude the Architect from, in turn, assigning to his Consultants a nonexclusive license coextensive with the Architect's applying to the documents originally cleated by that Consultant, § 7.3 If the Owner subsequently reproduces project -related documents or creates a derivative work based upon project -related documents created by the Architect, where permitted dr requn•ed by law, the Owner shall remove or . completely obIitera te the original professional seals, logos, and other indications on the documents of the identity of the Architect and his Consultants. However, if required by law, such identification with appropriate qualifying language or other statutorily prescribed in Formation identifying the original Architect may remain or be applied by the Owner or by a designee of the Owner. The Owner releases the Architect from any IiabiIity arising out of the Owner's subsequent reuse of the project -related documents created by the Architect without the participation and review of the Architect. § 7.3.1 Omitted. § 7.4 Prior to the Architect provid'ung to the ❑wncr any Instruments of Service.in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Iustruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 0,1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law. The Owner and. Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other fox damages, except such eights as they may have to the proccods of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 Omitted. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, to the extent that a lien may be applicable, the Architect may, proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution, § 82.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, carless the patties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction industry Mediation Procedures in effeci on the date of the Agreement. A request for mediation shall be ma& in writing, delivered to the other party to the Agreement, and filed with the person or entity atirninistering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § &2.3 The paltics shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another Icoa6on is mutually agreed upon, Agreements reached in mediation shall be enforceable -as settlemestt agreements in any court havingjurisdiction thereof. A]A nocumnnt 8101'�' — 2007 Vorm0rly B1S1T"—1697). copyrluht 01974. 1978, 19B7. 1997 and 2007 by The American Insdtule of Architects. All rlghta Init.re%orved. WARNING: Thh; WA 13"ument Is protected by U.S. Copyright Law and Ent*mettonal Trestles. Unsuthorlsed reproduction or dlatrlbutlon 15 of this Ale Document, ar any portion of it, may result In savare civil and criminal penalties, and wlp be ptnascuted to lho maximum extent possible l undor the law. Thla document was produced by AlA *oftware at 11:15:24 on 0W3112017 undor Order NoAD22e1878a 1 which e�plros on 09103f2017, and Is not for reeale. (1379101254) User Notes: 37 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 § 8.2,4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be (Paragraphs deleted) litigation in District Court, Pitkin County, State of Colorado, § 8.3 ARBITRATION Omitted, (Paragraphs deleted) § &3.4 CONSOLIDATION OR JOINDER Omitted. (Paragraphs deleted) § 8.4 LITIGATION § 8.4.1 Litigation. This Contract, and all matters interpreting it and arising under it shall be enforced in, and all parties do now submit to, the exclusive jurisdiction and venue of the District Court, County of Pitkin, State of Colorado, in the event of any litigation concerning this Contract, and regardless of where this Contract may be executed. Each party consents to and agrees to file a general appearance in the event that it receives service of process. § 8.4.2 Jury Trial Waiver, To the- fullest extent permitted bylaw, Owner and Architect specifically waive any right to a trial by jury in any court with respect to any contractual, tortious or statutory claim, counterclaim or cross -claim against the other arising out of or connected in any way to the project or the Contract Documents, The complex commercial and professional aspects of the Contract make a jury determination neither desirable nor appropriate. Architect shall include this provision in all of its subcontracts and purchase orders. § 8.4.3 Removal Waiver. To the fullest extent permitted bylaw, Owner and Architect specifically waive any right to remove any action to United States District Court for the District of Colorado, regardless of the presence of diversity of citizenship among or between the parties. Architect shall include this provision in all of its subconsultant contracts and purchase orders. § 8.4.4 Attorneys Tees: In the event that either party brings legal action to enforce arty provision of this Contract, the prevailing party shall be awarded all of its reasonable costs and expenses, including attomcy's fees, incurred by such party in connection with such action. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect of undisputed amounts properly due in accordance with this Agreement, the Architect may provide written notice of such failure. If the Owner fails to make payment within fourteen (14) days of receipt of such notice, such -failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this - Agreement, If the Architect elects to iuspend services, the Architect shall give an additional seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted, \ § 9,2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees For the remaining services and the time scht,Aulcs shall be equitably adjusted. § 9.3 If the Owner suspends the Project for•rnore than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may tenninate this Agreerent upon not less than seven days' written notice should the other party fail substantially to perform. in accordance with the terms of this Agreement through no fault ofthc party initiating the termination. If c termination by the Owner is subsequeutly determined to be wrongful, such termination shall automatically be converted into a termination for the Owner's convenience, AM Doc urnenl 9101'" — 2007 formerly D151 r'r — 1997). Copyright o 1974, 1978. 1987. 1997 and 2OD7 by The Amadcon Institute of Architects. All r10hts Init. reserved. WARNINGS This A1A� Document Is protected by U-5. Cnpyrlght Law and international Troallos. Unauthorizad roproductlon or distribution 16 of thlc Aje Document, or any portion of It, may mrult In savara civil and criminal penslttes, and will ba prosecuted to the maximum extant poaclblo under the law. This document was produced by AIA saflware at 11:16:24 on 01131=17 under Order No.402281 B7801 which arpfres an D$It7WN7, end Is not far resale. User Notes: (1370101264) 38 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 19.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's'convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to tminination, together with ReimbursaWc Expenses then due. § 0.7 Omitted. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement arc set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AiA Document A201 2007, General Conditions of the Contract for Construction, as amended. § 10.3 "Die Owner and Architect, respectively, bind themselves, their agents, successors, assigns to this Agreement, Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the Lender agrees to assume the Owner's rights and obligatioris under this. Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at Ieast 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope ofthis Agrocment. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, ltaxardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shell have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the 0wner's confidential or proprietary information. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10,6 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who deed to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect on the basis of lump sum amotatts for each Phases of Services, including an estimate of reimbursable expenses, as %slows See § 11.5 helow. See also Exhibit B, fee Worksheet. Estimated Total for Basic Services including Reimbursable F.,xpensesr $310,850.00 AFA nocument 810i'm -- 2407 tomwrly 9151"'—1907), Gopyrlglti ® 1974, 1978. 1987, 1997 and 2Qo7 by The Amerfcan Instllula orAmhlt tas. At rIgh1% Init. rrsorvad. wAf1NIND: This AIA Document to protected by U.S. Copyrlght Law and Intematlone Tmaties. Unnuthoruad reproduction or distribution 17 olihls A10 Document, or any portion of It, maY rasull In govere elvll and criminal penalties, and will be prosecuted to the maximum eoonl possible under the raw. Th13 document waa producer! by AIA sw'twaro at 11'4824 on OM112017 under OrdarNo.402281878a 7 which oxplroa on 0910=017, and Is not for resale. (1378101254) User NOW. 39 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 § 11.2 Services designated in Section 4.1 have been included in the Architect's Basic Services, and the Owner shall compensate the Architect (Paragraphs deleted) for such services on a lump sum basis included in Section 11.1 above. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: See Exhibit A — Schedule -of Hourly Billing Rates and Personnel Expenses. § 11,4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent (10%). § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Twenty-six percent ( 26 %) Design Development Phase Twenty-nine percent ( 29 %) Construction Documents Forty-five percent ( 45 %) Phase Bidding or Negotiation Phase Excluded percent ( 0 %) Construction Phase Excluded percent ( 0 %.) Total Basic Compensation one hundred percent ( 100 %) I § 11.6 Omitted, § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (Paragraphs deleted) See Exhibit A — Schedule of Hourly Billing Rates. § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition tq compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid -for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery, .6 Expense.of overtime work requiring higher than regular rates only for non-exempt employees, if authorized in advance by the Owner; .7 Finished professional renderings, physical models, mock-ups, professional photography, and presentation materials only when requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent (10%) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of AIA Doeumen1 13101r — 2007 formerly 6151 r" .-1997). Cop yrlph1® 197d, 1978, t987, 1997 and 2007 by Tha Amwr -.Pn IraclIkdo of ArrJAlnrjr. All righle Init. resnrvod_ WARNING: This AIA� Document Is protected by U.S. Copyright Law and Inlomallonai Tmatioc. Unauthorized roproductlon or dislrlbulion 18 of thIs AIA Docurnnnt, or any portion of It, may raauft 1n severe civil and crWnal psnoltlas, and wIII be proaacuted to the maximum oxtent poss]blo f under the law. This document was produced by AIA software at 11:16124 on 01/31/2017 under Order No.4022616780-1 which erplres on 0910312017, and Is not for resale. User Noleu: (1379101254) 40 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381 C1 OFE50 the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: $10.00 § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero ($0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owna"s account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. payments are due and payable within thirty (30) days of the Owner's receipt of a valid Application for Payment. Arnoturts properly due but unpaid sixty (60) days after the invoice date shall bear interest at the rate entered below. 8% ' Eight percent per annum. § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty br liquidated damages on the Architect, or to offset stuns requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, § 11.10.4 Rccords of Reimbursable Expenses, expenses pertaining to Additional Services,- and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: § 12.1 The Project shall be designed to be a fimctionally complete project, conforrning to the Aspen Energy Conservation Standards, and the Aspen/Pitkin County Efficient Building Program Regulations and Checklist. § 12.2 Site Snow Management: Designer acknowledges that the Project is to be built and maintained in an area of heavy seasonal snowfalls. General site snow removal and designated snow storage areas shall be addressed within the design of the project. The site must be designed maximize snow storage on the site. Designer shall demonstrate, no later than the Schematic Design stage, its approach to snow maintenance, and snow storage issues. § 12.3 Roof Snow Management: Architect acknowledges that the Project is to be built and maintained in an area of heavy seasonal snowfalls. The Project must be designed to manage the accumulation of snow on roofs. Roofs must designed to hold and. store snow until it melts naturally, or -be shed from the roof into safe areas. Entrances to the buildings must be protected under eaves. Roofs shall be designed to minimize gutters and snowmelt systems and support structural snow loads. Architect shall demonstrate, no later than the Schematic Design stage, its approach to roof snow -management issues. §12.4 No construction is pet7n'itted on Sundays, during the Food and Wine Festival in June (Friday through Sunday), Manorial Day weekend, 4th of July day and/or weekend if it falls on a Friday or Monday, Labor Day weekend, Thanksgiving day, and Christmas week (12125-1/1). § 12,5 Tax -Exemption. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or.Colorado State or local sales or use taxes, The Owner's State of Colorado tax identification number' is 98-04557. 'Itte.Owner's Federal Tax Identification Number is 84-6000563. § 12.6 Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed is establishing an employment relationship. Architect shall be, and shall perform as, an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the Owner. No agent, employee, or servant of Architect shall be, or shall be doomed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by AIA oocumant 91011e — 2007 Vormatly B1511—1987). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American tnsUt0la of Arcnitecls. Ait rights Init. roservod. WARNING. This A1A Document le protectod try U.S. Copyright Law and International Trentlos. Unauthor]xed reproduction or distribution 19 of this A10 document, or any portion of It, may result In severe civil and criminal penalties, and wUl bo praseculeel to the maxtreum extent possible 7 undorIhe faw. This docwnenl was produced by AIA software a 11:16:24 an 01/310017 under Ordar No.4022616780_1 wtllch explraa on 09109l2017, end is not For resale. User Notes: (1378101254) 41 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Owner to its eniployees'including, but not limited to, workers' compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Architect, Architect shall be solely and entirely responsible -for its acts and for the acts of Architect's agents, employees, servants and consultants dutyng the performance of this contract. Architect shall indemnify Owner against all liability acid lass in connection with, and shall assunte full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Architect and/or Architect's employees engaged in the performance of the services agreed to herein, § 12.7 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 130 South Galena Street Aspen, Colorado 81611 § 12.8 Non -Discrimination. No discrimination because of race, color, creod, sok, marital status, a$ectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract, Architect agrees to meet all of the requirements of Owner's municipal code, Section 13-98, pertaining to non-discrimination in employment, § 12.9 Waiver. The waiver by the Owner of any teen, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any otber term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the Owner. Forbearance or indulgence by the Owner in any regard' Whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence, § 12.10 Execution of Agreement by Owner. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner's municipal code by the Mayor of the City of Aspen, or a duly authorizer] official in his absence, following approval of City Council, § 12.11 Illegal Aliens— CRS 8-17.5.101 & 24-78.5.101 1 Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state'agencies and political subdivisions, including the Owner, from knowingly hiring an illegal alien to perform work under it contract, or to knowingly contract with a Consultant -who knowingly hires with an illegal alien to perform work under die 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 now law, .2 Defini Ions. 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, , l "13-verify program" means the electronic employment verification program created in Public Law 208, AiA Doc urn an1 61 DlTM — 2007 formerly 8151 f" —I 9R7). Cop yrfght 01974, 1970, 1987, 1997 and 2007 by Tho American Ins dluto of Archltecis. All rights (nit. reserved. WARNING: This A1A� Document Is proteoled by U.S. Copyright Lew and InternatFonal Trestloc. Unauthortzad reproduclion or dlstrtbut(on 20 of thla A)A° poCurnant, or any padlon of it, may reauft In aevsru cfvll and artminal penolUas, and will be prosecuted to 1ho maKlmum extent poaalble f under the law. This decumant was produced byAIA saawaro al 11:16:24 on 0113112017 tmdor Ordar No.4022810780 1 which explras on OD10312017, and Is not for ruaole. User Notes; (1379101254) 42 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the Ututed States Department of Homeland Security and the social security Administration, or its successor program. .2 "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). .3 "Public Contract for Services" means this Agreement. .4 "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. .3 By signing this document, Consultant certifies and represents that at this time: .1 Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and .2'Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not illegal aliens. .4 Consultant hereby confirms that: .1 Consultant shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. .2 Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. .3 Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. A Consultant shall not use the either the e-verify program or the department program procedures to undertake pre -employment screening of job applicants while the Public Contract for Services is being performed. .5 If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Consultant shall: 1 Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with an illegal alien; and .2 Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsul Cant has not knowingly employed or contracted with an illegal alien. .6 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the coarse of an investigation that the Colorado Department of Labor and Employment undettakes or is undertaking pursuant to the authority ostablished in Subsection 8-17.5-102 (5), C.RS. .7 if Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5402, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, -Consultant shall be liable for actuai damages to the Owner arising out of Consultant's violation of Subsection AIA Documanl 13101"1 — 2007 formerly 816t's'—1997). Cop yrlght01074, 1978, 1067. 1997 and 2007 by Tha Amorlcan NsAlute a'. Arehltocls. A]I right: Init. reserved. WARNING: This ASA� Document Is protected by U.S. Copyright Law and Intsmational Trestles, Unaulhodzad roproductlon or dlsmbullon 21 of thla Ale Document, or arty portion of It, may resuh In savam elvll and crlrn4»8t pahalUes, and will be proaoculed to the maximum axtont possibla under the law. This document was produced by AIA soliware al 11:16:24 on 0113112017 under Order No.A{l22818780_1 which expires on 010312017, and ie not for fesdo. 1379101254 User Notes: 1 43 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 5-17.5-102, C.R.S. § 12.121t is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants chin be nhodificd, chnnged, terminated or amended, waived, stq)ersedcd or extended except by appropriate, written instrument frilly executed by the parties. § 12.13 If any of the provisions of this agreement shall be held invalid, illegal or uncnforcenble it shalt not of ct or impair (lie validity,legality or entbrceability of any other provision, ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 1Thts Agreement represents the entire and integrated agreement between the Owner and the Architcot and supersedes all prior negotiations, representations or agrccnhcnis, either written or oral. 'Nils Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is -comprised of the following documents listed bolow: - .1 AIA Document B101Thi-2007, Stnndnrd Form Agreemenl between Owner and Architect, as amended. .2 AIA Document (laairrgraphs deleted) A201rhi 2007, General Conditions for the Contract for Construction, as amended, ,3 Other documents: Exhibit A — Schedule of Hourly Billing Rates, Exhibit B — Fee 1Vothheel Exhibit C— Overall Project Schedule Exhibit D— RFP dated TAD. This Agreement entered into as of the day and year first written above. OWNER (S ttallrr ) Steven Skadr n, Mayor {Ruts• deletcrtJ ARCH}TE T Sludi I-Chitcos (Si r+rrtrr�e� ' A)A Dacunion t n1o1 is, — 2007 rormerly ©161"r- 107t. Capyright* 1074, 078, 1087,1097wd 2007 by Thu Aniorlcsn In6llluta ofArchltacte. All rlghts (nth. reaurvod. WARNWG: lhls A1A� Docnmor+t 1F pralactcd by U.S. Copyrlglrl l av� anti inlamrElortinl Traallas, tJnaull+artmd repraducllon or rllslrlvutlon 22 of lEda AIA Daewnnsai, oraroy portion of It, may roudE In ssvara civil wid crinllual trensulea. 4MI will ho prococulsd io Elio maKimun, axlanl possibly j tundarIli o lavr. This documentwea produced by AIA sohvare At IIAil:24 on 0115TIP 017 undor Order W0 0270 1 07a 0_1 wNchaxphe3 vnOW300IT. and Is noE for me olp. User Holes: (1379101254) 44 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381 C1 OFE50 Additions and Deletions Report for AIA Document B101'ill —.2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document In order to complete It, as well as any text the author may have edded.to or deleted from the original AIA text. Added text Is shown underlined. Deleted text Is Indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report Is provided for Information purposes only and Is not Incorporated Into or constitute any pert of the associated AIA document. This Additions and Deletions Report and Its associated document were generated simultaneously by AIA software at 11:16:24 on 01/31/2017. PAGE AGREEMENT made as of the thirteenth day of February in the year 2217 City of Aspen 1310 South alena 5t. Aspen, Col_aradD 81611 Stildio B Architoa l Rio An a Plam Ste I. Ashen. CO 81611 Old Powerhouse Project 590 N. hC11 SL Aspen. CQ 81611 PAGE 2 yy y (Gemp:a A 1Vlu+-ao'ule���lL[1 1 �r[V1��iiA�'QC�����P "•'' �rl��¢aP94r / 1 OGOA of the autimfizedr�senm€ives; enHeiparoaurs�er�ttet}terl~ tD the?reta City of Aspen is in the Atocess of developin a Ply an to impiement a eornplete repair and renovation_of the Aspen C Inn The Sc6pe of Services are described in the RgquW for Proposals — Archilect/Q i n Sarvices dated Decern r t$ 2015. The project will be divided into 5 phases, as follows 1 Conceptual,esi t .2 Schematic Design i Dey 1 rent 4 Final Desietl .5 Construction Administration 1.2 The Status of the Project: A nropoed project sclacdulc is as follows: Total Design Turfs: Fifty -Two [52] weeks- includes twelve 12) weeks fyr HPC review. Addltlons and UCIOUons Report for AIADeCumDnt Bi 01 n - 20a7 (formerly B1$Im - 1947). Copoghl0. 1974, 1978, 1987, 1997 and 2007 by The American Inslitulo of Architects. All righls msarvod. WAFININR: This AIAe Dotumont 1s prolocted by U.S. Copyright Law and International Treatlaa. Unauthadtad reproduction or distribution of this AIAe Documont, or any portion of 11, may result In severe civil and criminal ponaHlas, and will ba prorleoWed to the maximum extent poesIb€a under the isw. Thla documonl was produced by AIA software ai 11:16:24 on 0113112017 under Order No. 40226187BD-1 which axpIras on ORD17. and Is not forrosa€e. {737E11!]1254) User Notes: 05 45 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 Conceptts_al_Desitllt: Four (4) weeks Schematic Degim. Eight {8) weeks Dosigm. Myeloument: Twelve (12) weeks Final Desiann CD: Sixteen [1 fi] weeks Permits Submitted NO LATER THAN; TO Construction & Closeout; TBD PAGE 3 TBD TBD Commercial Ganeml Liabilitv insurance with minimum limit of ONE MILLION DOLLARS 1 000 0 .OQ each occurrence and ONE MILLI N DOLLARS 4 1 000 000.00 a e ate. The lie shalt be a licable to all prpmiscs and eratio The Olicy shall contain a severability of interest's provision and a.waiver of subrogation in favor of the Owngr_ • PAGE Cam retie live Automobile ,Liabi i insurance with minimum combined single limits for i iniury and property dame cg_of not less that PNE MILLION DOLLARS ($I,000 00Q.00) each• occurrence with reseed to each Architect's awned, hired and non -awned vehicles asigncd_#o or used in performance of #b_g Work. The .policy shall contain a sever_ability of interest's provision and a waiver of subrogation in favor of the Owner. -WoOk-m' Co ensalio in to cover a li tion i a ed b a ' licable_Colnrado.1 for any emplg= en a ed in the performance of work under this contras and Em to rs'.Liabf i surance with minimum limits of FTVF, HUNDRED THOUSAND DOLLARS 500 0 .00 for each agddent FIVE HUNDRED TH USAND DOLLARS 500 000.00 disuse m-13-pli2y limit and FIVE DRED !L QUSAND DOLLARS ($500.000.00) d_►-uase -each employee, The oolicv shall contain a waiver of sulmogation inTavoraf e .4 Professional Liability LCoLegs_gional Liabili&insurance th the minimun Ii its of IM MILWON DOLLARS (12,000,000 each claim and TWO MILLI N DOLLARS ($2,000.000)rC to maintain through the statute gf limita�soas. 2.6 Insurance rolieles: Owner reserves the ripht torequest and receive a certified copy of an ol icy and an endorsement thereto. 2 7 Failure t4.maintaln insurance: Failure on the gart of tho Architect to 1procuro or maintain volicig Mov_iding the required coverages. conditions and minimuum limits shall constitute a material breach of contract upon Addftiona and Deletions Report for AlA Document 61011, —2007 (formerly t3161" `-1967). Copyrlghl t,1974, 1978, 1887. M7 and 2007 byTho Alnorksh fhsUtulo of Aminilects. All rights rasarvod, WARNING' This AIO Dosum►n11s protected by U.B. Copyright Law and Wamallonol Traelles. Unaulhodtod reproduellon er dirlributlon olthls A[O Document, or any portion of 11, may redult In severe civil and criminal poneltios, and wilt be proseepled to the maximum extent pasr,lbto under the few. This document was produced by AIAsoffware at 11:16:24 on 0 1 a 1 M. 17 under Ordor No.4022818780-1 which axplres or: 0910312017, and Is not for resale. User Notes: (1370101254) 46 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 whie wner may. i mmediatcly terminate this contract. 8 Cortificiates of Trlsurance acce table to the Ommer shall be filed wit t e Owner prior to commencement 0f the Work and tliereafter n pon renewal or replacement of each gguir�oIicy of insurance, The insurance Ao ices r 2g uiied by this Section shall contain a provision that covers es afforded under theDo] i i wiII n ot be canceled or allowed to ex i e with t at least 30 da rior written oti to tit Owner. An additto al certificate evidenctn gontinuati n of professional lie ilitycoverage shall be submitted with the fugal Application for Pa M ent. Information conccruing redaction of coverage on account of claims paid tinder the policy shall be fiirtl s ied by the Architect wiW rcasQngble lgorn2tness. 2,9 Governmental Immuni : -Thc tw6es hereto understand and agree that Qwner is relying on. and does not waive or intend to waive by any.12rovision of this contract the monet limitations frymently $350, 000.ofl er 2erson and 0 per occurrence or an X other rigfits immunities and rotecki ns rovided the Colorado n Mmental Immunity Act. Section 24-10-101 et sea`, C.RS.. as from time to time amended or otherwise a 1 to caner its ti tc r its employees. 2.10 Owner's Insurance: The parties hereto understarid that the Owner is a member of the goloradv Intergovernmental Risk Sharing Agency CIRSA) and as such vaiticipates in the C1RSA Pro ICasuaI Pool. Copies of the )oliciesand manual are kept at the City, of Aspen Finance Department and are available w Contractor for inspection during normal business hours. Owner makes no representations whatsoever with its ect to specific coverages offerod by CIRSA. Owner shallprovide reasonable notice of any changps in its mcrribershi or pgdciRation in CI A 2.11 Die uetl le: The Architects all a any amounts not covered under aiesgpolicies because of a deductible an the insurance nlicies provided by the Architect. § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, roofin% waternronti g, mechanical, landsoping, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, , and the Architect's ❑nnsultants' ser 'ces, consult with the Owner and the Construction Manage—yresrare h applicable design criteria, attend Project meetings, communicate with members of the Project tcam and report progress to the Owner. PAGE 5 § 3.1.3 thiteel sit =, ....s..;.,it fef t a 0 .er'"ppr-OW-a •teevs sm,:-,�3. Vne gehodui&4n4ially•sl*Wirtelud"Fi`ieipated dates-� eemarrs3i eenstrtte a iwi e€t hOR. - The edor the 9vrrterevievr; fare per€errnerroe of �s eatisubi. havingfeet: 9nee Weved4yy4he-9wner, ' �e;-l3a-elteaeded 13jF$ � i eetnent- tiaii. Architect shall bc•responsible far the caordina 'on fall d s a d desi documents relatin t Architect's desigg and used on the ProjectregKd1gs of whether such ra 'n s and documents ire repared by the ArEhitect, by Architect's consultants or k the ❑LA ees other consultArchitect hall es onsible f the corn i t an accrue ofa 1 drawin s and eciftcadons prepared by the'Architect and the Architect's consultants and all dimensional and layout information contained therein, Architect shall be responsible for the cornpkoce of the Wkns ands ecifications with all applicable building codes dinances rc Iations laws and 99tutes. § 3.L4 The Arelei#ee a , ,, �s,., i otii+" s" teatLs spffova1:A,s soon as l}racticable after the date of this AmeemenL the Architect shall submit for the Owner's ap royal a scheduie foe theperforlmance of the Architect's s rviices. The schedule initially shall include anticipated dates for the commencement Qf construction air for Substantial Gotnplotian of the Work as get forth in the Initial AddlUono and 0,0169ona Repot! toy, Al DOCUMant 5101 "'— 2007 {tormorly a151 T"—14a7). Copyright 01974, 1978, 1987.1997 and 2007 byTha American Imiltuto of Archltects. All tights reserved. WARNING: This AJA* Docvmont Is proteotsd by U.S. Copyright Law and lntematlonal Traattas Unauthorized reproductlon or distribution of this )VO Document, or any portion of It, may result In sovera cfvll anc! adminal penaltles, end wlil be prosecuted to the maximum, extant peaaibls under the low. Thls documant was produced by ALA auftwero al 11:16:24 on 0JJ3V017 undor ardor No.4022(110701 1 whTch 9AAFe9 on 0910312017. ohd le not for resole, 11379101254) User Nola a: 47 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 LnfQunation. The schedule shall include allowances for periods of time required for the Owner's review. fQr the performance of the Owner's consultants, and for ans>t•oval of sftjssios by authorities having -jurisdiction over till Project. Once-appro nd by the Owner time limits estabi ished by the schedule shall n exc cp t for reasonabie cause exceeded by the Architect or Owller, With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of cnnstntction. § 3.1.5 The Architect shall; at ep e-govommentai-nt&tori#iw e'equired-to_approve-the Gans b=ulit ad the emifiee VFviding Wility swWees to Cite-"eat—.-�esi ing the , the A fehiteet�,t...,, •, a�8 ft��itL'al�1C"'�09t k'C BE�U1fBrtla}3 4•k °1 99eE.�by-8ti entities pFev ' d4 a g ug 1 ity 9 ofshssll not ire res�vnsible iar an avnter's directive or Substitution made without ing Architect's approval. § 11.6 The Architect ' weFfilingAftumoms to! antltas-ities hav ngjur;s di sltafl at app_ro�riate times. contact th_e_&ova=ental authorities rnquired to approve the Construction Documents and the entities pj;p ding utiIi services to the Pro loct. in design ing the Pr❑sect the Architect sha! I res and to gpplicable desi go r u' a m ents iriip�o� by such governmental au th otitics and by_sLich entities providing utility services. 3.1.7 The Architect shall ass it n connwtion with the wner's responsibiliN for filing documents r-qg uired foT th e aRprcyal of governmen tat authorities h aving 'tl'sdiction over the Project. PAGS 6 § 3.2.6 The Architect shall its Coat ef-t#t�Work prapa�edis9 aee6atte�witlt Seetiaa 4; assist the Contractor during development of estimates for the Cost of the Work. as well as actual participation in Value Engineering activities during each design stage. § 3.3.2 The Architect sl "'mate -will assist with the update of the estimate of the Cost of the Work. § 3.4.4 The Architect shall assist with the update of the estimate for the Cost of the 'k: the Work at a roximntel the 50% CpnWucfion Dmmcn# t and after the 50° Construction Documents issue. § 3.4.5 The Atehiteet Arch's>Rect. with the CnnsirgeSion Maaagar. sh all submit the Construction Documents to the Owner, advise the Owner e€-if any adjustments to the estimate of the Cost of the Werk; Wcrk are necessary. take any action required under Section 6.5, and request the Owner's approval. PAGE 7 disu 'en depuo. r7r - � .. and Fe , ,-...,a to . elk's bidders mittd �� "�' .5 er-gat=.izingat d-eondueling-articp i apte in the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. premFing t3F1kF" ien of PFep69^, •,^OUMBREG kFi�titles-4e prespeatlire eeft#�ae4ets aHd rs�eEur+r�tpvn�tnfrlet3en-efthe•negrtHet;ern-pre miffed AddIIlons and Deletions Report for AIA Doeumen1 8101" —2007 (formerly 61S1 1997). Copyrliaht 0 1974, 1979, 1M7, 1997 and 7.007 by The Amorloan Inselula orArchiftis. Ail rights reserved. WARNING. This AIAa Document Is prototted by U.S. Copyrlghl Lew and Intametlonal Trootlos. Uneulhorized reproduction or distribution of this AIAe Document, wany portion of H. may result in ■ovem civil and criminal ponetties, and will be prosecuted to the maximum extent potss%lo under the law. This daaument was produced by AIA schwara At 11:16r24 on 0W 112017 under Order No.Ati22618780 1 which expires on 4910312017, And is not far resole, User Notes: (1379101254) 48 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm-2007, General Conditions of the Contract for Genstruetieft. if ffi. 0 neF anilr4eff*aetes=-fnedi€y-AiT�.R .�-.=s:.,��=.cations-shall-tier-�i1'ect-tkta-Afer��,-�-,.�-vices un H }6 gr-eement:Conshuctiojit a aided, § 3.6.1.2 The Architect sball advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shalt not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in cotliaectioa with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not .have control over or charge of, and shall'not be responsible fdr, acts or omissions of the Contractor or Construction Manager -or of any other persons or entities performing portions of the Work. § 3,611 The Architect and the Architq;t's consg1tarits shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a mariner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner and Construction Manager reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constnmction schedule submitted by die Contractor; and (2) defects and deficiencies observed in the Work. PAGE 8 § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Bwner-[hurter, Co�ction Manager, or Contractor, The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. PAGER § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. 8ttbjest-te er-'s approval The Contra tar sha 1 vrepare Change Orders for the Construction Mana er'a and Architect's r, view and Owner'R approval The Architect, Owner and Contractor execute Change Orders in accordance with tiie CoraxAct bocfitments. The Architect shall 2r22are on tntction Change Directiyes for the instruction of the Contract The 4rchitect and the Owner shall exe,,ute Construction Change Directives in accordance with the Contract Documents. PAGE 10 § 3.6.6.5 44pstHegtfe5t )f-the0wner,and-pl?ief- rior to the expiration of one year front the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owncr to review the facility operations and performance. 4.1.1. Pro ammin 202TM-2409) NP Architec QLtaDti of preliminary designs q.1.2 Multi ]e relirnin SRdesigns t heoF 4.1.3 Measured drawings Owner Addltions and Doiatlons Report for AIA Documnnt Dial "` — 200T (fotmarly 13151'—1997). Copyrighl'D 1074, 1978, 1987, 1907 and 2007 by The Ams0can Institute o1 Archilecls. All rights resorvod. WARNING. This A10 Document is protected by U.S. Copyright Low and International Traotlan. Unauthodxod reproduction or distribution or this AIA* Document, orany pardon of It may rasult In severe ctvll and criminal panaltlos, and will be prosoculad to the nuximurn extent possihlo under tha law. This document was produced by AIA soawera al 11,16:24 on D113112017 undorDrdar No.4D22U19780_1 vehich oxplras on D910312017, and 15 not fof resale. U5Cr Notes: (13791i71254) 49 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 4.1.4 Existing facilities surveys Neer. Architect 4.1.5 Site Evaluation and Planning B203TN-2007 lu § 4.1.6 Building Information Modeling E202Tm-2008 NP 4.1.7 Civil engineering _ Architect 4.1.8 Structural qnEjaecring Architect 4.1 9 Roofing and EnveloRqpgkeerin Architect 4.1.14 haniaa] 11�iumbin en 'neerin Architect 4..11 Electrical en ineerin 4.1,12 Landscape design A.rchite Architect 1 .13 Architectural Interior Design (B2527?` -2007 Architect _4.1.4 Value Analysis 04'rm-20 Architect. Contractor Architect will i t O -ter and Contractor in value analysis and participate in Vg1up En ineerin efforts at milestone doign stakes E will a led h others) ue-An Detailed cost estimating Architect, Contractor 4.1.12 4.1.16 On -site Project Representation 207Tm---2008 NP 4.1.17 Con armed construction d urnent rchitect Issue for Construction Set of plan and s GqRfeicmed `-meets 4.1.1E A -12pign ecord drawin s Architect RFIs and ASIs may he are addmdurn to the drawing set and s §-4fh4✓J 4.1.19 As -Constructed Record drawings Contractor M8--- 4.1.20 Post occupancy evaluation NP .1.21 Facility Support Services 210T-4007) NP 4.1 22 Tenant -related services NP 4.1.23 Coordination of Owner's consultants Architect' Contractor Telecommunications/data design NP 4.1.25 Security Evaluation and Planning 06ru-2007 NP 4..26 Commissioning - 211 TN-200 NP 4.1.27 Bn ' onmentall res onsible design Architect 4.1.28 Green Communities Certification NP Fast -track- design services Architect 4,1.30 Historic Preservation 205TU-2007) VIP, 4.1.31 Furniture, Furnishings, and E ui ent Design (B253Tw-2007 NP § 4.1_32 Public presentations and City Council Architect Preparation for, and attendance at, public presentations, and City Council or other meetin s Add IIluns and Dnlatlons Report for AIA Document H101'ti - 2007 (tormedy 8161m-1997). CopyrigMiD 1974. 11178. 1987. 1997 end 2007 by The Mlerican Instltuto ofArchlteats. Ail rights rrssrvod. WARNING: This A1As Document Is pratactod by U.S. Copyright Low and tntornellonal Treat as, unauthorized ropraductlon or dIstrlbuIle n orthIs A10 Document, or any portlan or It, may resutt In saversctvII and crtmina] ponattiaIs. and will bo prosecuted to the maxlrnum extent possible under the last. This document was produead byAIA software at 11:16:24 on 01r31C2017 under Order NoAM618700_1 whIth axpires on 09M312017, and Is not for resat a, User Notes: (1379101254) 50 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 f execution of the bove AIA service documents Is re uired additional services by the a chitect rraV be required. a d would be negotiated ygith the Owny pr1or toe act sue services. § 4.2 hvjml- deeeri*en efAdditional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document, § 4.3 Additional ervic h r han the listed in Section 4. a eve may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accoi dance with this'Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule, § 4,3.1 Upon recognizing the need to perform the following Additional Set view,- erviees under this men the Architect shall notify the Owner in writinwitlt reasonable promptness and explain the facts and circumstances giving rise to the need, URgn recizingthe need to nerform Additional Serviccs related to the dgign under this Agreemnn the Ar ilect shAll nofythe Owner in ting with reasonable vrpmptness repparding, those services The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: PAGE 11 .2 request -#or -ex rt;lt c�r#fient�an y . .3--Changing or editing previously prepared ]nsn uLments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; A--,LServices necessitated by decisions of the Owner not rendered in a timely manner or any other, failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Prepafing-digiW-diata-.4 Preparing dial data, th r than standard CAi] Revit and . df files for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; 47—.S Preparation of design and documentation foi alternate bid or proposal iequests.proposed by the feF, aAd attandanee at, a pttblie p set stieFr, t�tee� eftheaFifigt.G if additional Construe on Administratieryicesare reauirdddurIQ a char a initiated bytho Ommgt. or adelay beyond the control of t t e CJwncr and Arc it t sll a ee on an u€ta 1 a ' t 4—.7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; direr prepesals; M--,LConsultation concerning replacement. of Work resulting from fire or other cause during eens�xatteR;-er e , ' fttb e A ohiteo1.ronstrttction. § +4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner in writin with reasonable promptness, and explain the facts and circumstances giving rise to the need. if the Owner subsequen tly determ ines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further bbligation to compensate the Architect for those services: .1 Reviewing -a Contractor's submittal substantially out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that we ec4 itraeearane" "� Geagee ri- ts-er-wherc such information is available to the Contractor from a eat:eful reasonable study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; PAGE 12 Addltlons and Doloaons Report for AIA Document B1oi" — 20a7 iformnrly .91$17°--1907). Copyright© 1974, 1978, 1007, 1997 and 2007 by The Arnerlcon Ihsbtuto orkthlLools. All rights roaervad. WARNING: Thla AIA Document Ix protactad by U.S. Copyright taw and Intematlonal Treaties. Llnautilarl:ad ruprod uWon or di61rib ution of this A10 . Document, or any portion of it, may raauit In severe alvil and arimlnaI ponalllas, and wII1 be prosecutad to I h a maximum extant paaatbla under tha Iaw. TNo dooumont was produced by AIA sorwom at 11:1e:24 on 01/31/2017 under Order No.4022618780_1 which expires on 0910312017, and Is not for resale. {1379101254} user HOW: 51 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 90 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. .1 {-- +Two 2 reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor to a, ,. ,2 1} One _visit to the sate per month in_person by the Architect over the duration ofthe Project during construction for the purpose of conducting a Site Observation and preparing the issumice of a Field Report. .3 (—Two 2 inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the reyuirerttents of the Contract Documents 4 Architect '[1 participate in all weekly OAC Mcetinm 3.4 M month. .5 The Arebikct will incorporate RI:I's. ASI's. PR's, CCD's, into Contract Documents, and complete the petTnit set. .6 The_ Architect will review and coMMe t on the Meetiog Minutes Mr pared by the Contractor for all O_ AC_ IVI0010g_s ubstitutjons; The Architect will respond to substitution requests as ncMed, none of which result in substantial revisions to the Contract Documents or ext nsion of the Project Schedule. .4 ) .8 Ile Architect will endMgr to be present for Pre -installation Conferences during monthly site visits, PayApiplicatidim, CM will review the ARplications for Payment with 1hp Contractor and make an initial recommendation reizardinn payment. Then the Architect will certify based on the Architect's site observations and proiect documentation. 10, g ll aaange Orders: CM will review proposed Change Orders 3rith the Contractor and make an initial recommendation. _ The Architect will certify Chanrte Orders. .11 Two 2 inspections for any portion of the Work to determine final completion § 4.3.4If the services covered by this Agreement have not been completed within ( 40) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in-a-tit%el�r regarding regitireix+effts#s� a, qua limitationse O r's ..been es -eE3edu4e, ea stmintqend -eFi#erie; realud g spree fet}eiremen eoE ili(5l, speeial eqU' ipmeu4-, '9teins-nnd-93to r voeeipt e f a written r es . d-Felei+eTrt fAr�hO ita6t-t9 ' h chis in the_possemion of the Owner to the 6—Tchitect inn timely manner when requested of the Owner in writing by the Architect, However the Owner is dchned in this Weemcnt as the City of Aspen, Capital Asset Donartment._ The responsibilities of the Owner herein do not include the actions or responsibilities of flit: buildiniz department. or env other iulysdictional or reeulatory dwartinent of the Citv of /,_ 15.3 The Owner shall-idej F%apr�sErhas identified representatives authorized to act on the Owner's behalf with respect to the Projent. Project in Section 1.1. i . The Owner shall render decisions and appreve-the i�ee(�-sribniittaks-in a timely manner in order to avoid unreasonable delay is the or 4the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, as necessary, legal limitations acid utility locations for the site of the Project, and a written legal description of the site. Tice sit id-legsl-kfamatien es-e-f-sWeats, alloys, averne s a adfoinirag epaE y ar��• design^R,�' .,���mnde; Rdjaeen"faiffagei Agks OParose#+ment�; aeeitig�et� Additions and pei011ehs Report for AIA Document 6101 TM - 2007 (fonnmty'Blal 4-1997). Copyright 01974, i978, 1987, 1997 at;d 2007 by Tito Amurloan instlluto of Arcrlite4W. All right& resvrvad. WARNING: This AIAO Document is protsetod by U.S. Copyright Law and International Treaties. Unsuthortzed reproduction or distribution of this A19 Document, or any portion of It, may result In 36YOM CIVIL end orlmihal penalties, And will be prosawted to tha maximum extent possible under the law. Thls document was produced by AIA soRwaro at 11:16:24 on 0 113 1120 17 under Ord ar NoAO2261878C 1 which mores on 00/03/2017, and Is not for reaele. User Notes: (1379101264) 52 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 r eatr i9ti H39-6 t 9:*Oeea4e ., a:..,ert9:,,.,., and.,eeessaicy dH gar i . tad-inferFna6Gn-omcerning-Qva able�tiIity"servieag a--•' 1 i ri es,th ptibI-ie reel -dew ^.tee-in€emaCon-on4he-sue sehtarar Al chitect shall be entitled to rely an the accuracy an ompletetiess of the information furnished by the Owner. PAGE13 § 5.10 Ex�eept as etherwiae p snmutaiealit3ns �ave�eeN peeia-11}� n Own er and Can traction Matta Izer ma_y communicat edirectl with the Contractor with a cop y to the Architect. The Owner and Constntct's n Mana P er shall corntnunicate with thc Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager-- hall promptly notify the Architect of any direct communications that may affect the Architect's services. Instructions to the Contractor shall be issued b the Architect to the Contmctor in writing, § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. IMc Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, and contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5, Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the phi nstructi Ma a er represent the Arehiteeo-s-fD n tru ion N ana er' 'udgruerat ss a design professional, it is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipincnt; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Arehit coon Mana er cannot and does not warrant or represent that bids or negotiated prices.will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the An-hiteet Construction Mana er. § 6.3 in preparing estimates of the Cost of Work, the Arek4ee4-Cansn'uctian Mana er 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; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents akefaaw-bi&rcesonnble design alternatives within the defined progarn as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work, The keet4Construction Manager's estimate of the Cost of the Work shall be based on curretut area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating sea.+iees; services b the Architect the Architect shall provide such services as an Additional Service under Article 4. PAGE 14 § 6.5 If at any time the 1NEeh`ntows—Constiuction Mana Cs estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or'budget for the Cost of the Work, and the Owner and Construction Manager shall cooperate with the Architect in malting such adjustments. § 6.7 If the Owner chooses to proceed under Section 6,6,4, the Architect, Zvi � ==t+8nal earnponsataort shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost d the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Addltlpns and DGWIDns Report for AJADocumont 1301m - 2ai17 yorrnarly B151r" - 1997). Copyright m 1974, 1978, 1987. 1697 and 2007 by Tn4) American Inslllulo of Archllocts. All rights reserved. WARNING: Thle Ate Document t6 protected by U.S. Copyright Low and Intarnotlonel Troatioa. Unauthorixsd repraduclion or distribution of this WA° document, crony portion of f . may roaun In aovata atvll and criminal panotHee, and will bo proescuted to the maximum oxtunt passible under the taw. This documont warp produced by AIA soltwaro al 11A6:24 on (11/3112017 under ❑rdor No,4022618700_1 which oxplres on 0910I+2017, end fa not for rewle. User Notes: (73791[71254} 53 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 Article 6. 1f the Owner's Program or s_coj�e is modified beyond rOIcly r acing the Cost of the Work, the Architect maybe entitled t A�dditimiai Services. Additional services would be neg_otiated'tzor tq the work commencing. Minor adjustment to the clualiN would not iMROct this. § 7.2 The Architect and the Areir:iteet's conse shall-be-d�1e authecs a ........ ............ _ __ ---..y .............a —1 .•....,,...b........ -V—...,.-- •. ....r L. ..a. w.. a,.a .. .y-,I u .r ._. ots' imi:.A's nS,a"ttttti "�� ^" Au'"�C'"II31. aeafsefyiee to meet offleial reguint^�z_�.,..:-omo...� ..� � r�ir-�t�'•Iiosa9�-eAgneSti�T�6jset-ii!,�st-� iSi dC4`Qgitt€Uik Of�Bl rlgl; f the Arehicee"nd the AFerI 7 a Si S to the Owner without rose vati n all copyrights to all ro'ect-related documents models, RhotogEaphs, and other ex ession reated by the Arch't t Among those documents are certain "Instruments of eMce " including the desilM drawings and the dra n s ifit' ns that are includd in thq QMP Dooments. The O< er's obligation' to pay the Architect is CXPTessly conditioned -upon thp AnbityVa-abigining a valid 'tten cam rehensive assi went of copyrights from his Coasultxnts•in tetrn_ s identical to those that obligate the Architect to the Owner as expressed in this suh2araga h which h Architoot, in tum, hz3hy aggigns to th er The Owner, in rettim, hffibyinats-the Architect a nonexclusive license to the docuMpts for p2gomrelating directly to the Architect's erf rmance of this Project for the Architect's archival records and for the Architect'sreproduction of dimyvings and photoMphs in the chit g's markefingmateriak No other ro'ect-related doctiffients maybe LoLqdmed for any 9ther Rurpose without th-c express written Ugmislion of the Owner, NQ other con3gights ar included in this mnt of nqne,MjHgive, licenso to thy Arch i t. This nonoxrjusivg license shELII terminate . . autm-ati-WIX and immediately u vn the occurrence of either a brach of this A Bern nt by the Architect or termination, 21is n next€ 'toe license is led tg-d e c 't t o of a d ll t of b i th Archit t to any other person or enfi!LOther r vi ions of this Agreement no th tanding, this nortexclpkiM lirmse 5hall tetzninate automatically u n an Architocts mimment of thmnonexclu ve li en se to another or his ahem o so. However, nothin in this h shall he construed to yreclpdthohitect from, in tum assigning to his Cogsultantg a noexclusive license coextensive with the Architect's appl3dngto the doguments originallycreatod b Lbat Consultant. §■ 7��.�L3•�UperrerceeuEivn�# � ate! &ddirlg-iB-the Noje pmAded Ow the n.._.. ga Final authorize mekimial-ef eqaipmW 6uppliefs,—oo well as th Owns eensttl ea and-oxelusively #8F use in ffermiltsg se ieest aorta ern 4-0; a iieense granted ins 0 Se—i ..' ' -shall term ttie If the Owner subseauentl_y rgproduces proiect-related doculnents•arcreates a derivative work based npan nroiect-related documents_mmted by the Architect, wh§re permitted or required by lq% thg.q rat r shall remove or completely obliterate the original pt•ofessima;_seals, ]etas, and other indications on the documents of the identiW ref the ArcWtwt and his Cp-milimidis. However i f rNuixgd bylaw, such identificgtion with amronriate aualif3dng language of_other statutorily_Rreseribed information identifying the original ArchitNt may remain ar be allied by the Owner or by a dwmgr. The Owner releases the Architect from any liability arising out of Owner's efteqggint reuse of the ro'ect-related documents created by the ArchitM without the particiRtion and review of the Architect. § 7.3.1 N the e nt the n<..OF tiger, !be Instmmm is f See- ii a the n.. _ r the Ai €31t9Bt B cT0111iE8t�5 89n913�...��� r rir:. C......1. ��V✓ ^., LiC it ma Arahkeet ad its t9 -, a3i i35 8}34ailii9H9 of aefien a .salted by y third Go jr t t 3ii Y�i3e r'"3v � mi fr i� vl,9-138e" f i igbt iy4errnina %i- : ems shed. Additions and deletions Reporl for AIA Document 131111" — 2007 (formerly 8151 ""—1947). Copyrlghl C11974. 1978, 1987. 1997 and 2007 by The Amoriean inaillule of Archllocls. All rights reserved. WARNING, This AIAs 0oeumont Is protaated by U.S. Capyrlght Law and International Treaties. ,( � Unauthorized re pro dueUotr or die trlbulIon of IhIs AIAs Dot umont, arany portion of It may result In severe alviI and crlminai penall Ias, and will he prose Wed Sa rho maximum extant possrbIs under th0law. This document was producad by AIR aoftware at 11:16:74 on 0113W.017 under Ord or NoAO22618180_I which axplrag on 09/0312017. and 1s not for resale. User Notes: (1379101254) 54 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 § 7:4 �ixataps fvr the lieen s grnt3tecl in thi^ "-':^'^ 7, ne etliar-li ear ed-g �ntad er irr�pliad erndar�I1' frta 4 a alegcet�r st 6lieense; pledge Or Bthe,F"iae "BS&3F FIR gmtSd-]t0411 to anedw- pally wit a t4he-Praet 5 + fir •' mot Arty a xtl red -%se of Eh �tiiertt9 of Sei�?6$`'r" n.. al Fisk nd..:fl out lint;;; . n Wteat a -tl e-Aveh+teet ,9 aef ettlNi P ' r t th c 't t r i in t rite Owner an Inst ruments of Service hi electronic form or the Owner nrovidint=_ to the Architect an tratti da f oration into rile Tnstrumetlts of Service the cone' d r11 Architect shall by -separate written agLi cement set f t e ifi nditi n o i tl a fo ai of sere [nstrtimenof Service or electronic data includi� env special limitations or licenses not otherwise proyided in thi§ Agreement. PAGE 16 § 8.1.1 The Owner and Architect shall commence all claims and causes of aerial), whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable ;-m awy-eoe_�bst*ial-Gompla an of he -Work -Law. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 6.1.3 The-M-elt tee€ areal-9 ar-matters i3a�}uest on nrasi isfu(i+al=give 5-applie+ab et�equen€W damage" :r lt. �:-'oa : ; l FA gun 9 7 mitted. § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be "subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, to the extent that a lien may be a pyficable the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute r CIIIJ1 Ian. § 8.2.2 The owner find Architect shall endeavor to resolve claims, disputes and other matters in question between " them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association itt accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be trade in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be trade concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in _ advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed fora longer period by agreement of the parties or court order.ff-an--arbitrtttten prooe in �>3il tarf�3 and.-ngFev-►tpoti a sobWe-€'ee-later, pfe— ints PAGE 16 § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the-fallewiag: Q .. be rr,e., ri... i ea�F seleef a trteEiiud t+f beredi�� dis�eu� :more �e1ai+ r _ x �,ugY lftibllitnk�-H7Hi+lb'!i<lp�fetC?4'St3�tlfiflil ArbittAti9i9-#]tl �-itjgat�eR-ia-a,-sattt�t-$i=serepetent-��dteFt en Addlllons and natatlons Report for AJA Document 810119 — 2007 (lormarty SISVI—1997). Copyright 01974, 1978, 1987, 1997 and 2007 by 7ho American Ihatllulu of Atdiltocis. All rights reaerved. WARNING: This AW document In protected by U.S. Copyright Low and International Treatloo. 11 Unouthufted repraductlon or dlstdhution of this AIO Document, or" portion of It, may result In covore civil and criminal panaltlao, and will be prosecuted to the maximum extent poObta undarthe law. This document was pruduced by AtA soflwaro al 11:16:24 on 0113112017 undar ordnf No.4022e1870 1 which expires on 09I0312017, and Is not for resale. User Notoa: (137910t254) 55 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Iitigation in District Coutt Pitldn County, _State of Colorado § 8.3 ARBITRATION Omitted, in4ing rese 1 utie� in Ns m", ny s th tared b5 4nst uctiDn lndusby A Gten-the date of thi 9 AgFement. A d omen d fer sfbitm! i e n she! 1 b e imade in wr-i& & defivefe d te th e ath ee p" to this § 8. 3. 1. 1 A7defftim4-for ubitimlien shall ba uegt-€er @a an the a!" dispute ef ethef Ff bl"ttittita of tSz:Par ee min iitafifi g-tb ubitmtiene i , ate -or -ether 1E1a - — io i i d e thB add t! efta1 Parge4 6ft6 W 8 e s Th . ...a *d rtlEIMO § 8.3.4 CONSOLIDATION OR JOINDER Omitted. �� 7 § a.?. 4.4 E.,"-- . rtj a4 it . 5a tmttton-eendti m nt-Witl'i+" i:arid §-8,14,2Bitherputy� a! its sele dis enderpeg'-sonaren tieA a hqfwAi&4y4ewa4veti4i" pr"ded f}iil 8 f8ii1L'�-6f�ii9 lt�ki3 Vlifti 9eliHt?-obiintiian orany el , � k}FB eP�t}}er ttitfer--i�-lea rra'�+1ias x�-eei�5ent: R S? 4 A 3 m.e n.......... nd A _er.t.eet-pant te'any arle a party to Fb4&en-ee Beet i an 8_3 wh eth^. 1...:e re-9eriie-�i'�Rts-$�aindam-and eonsv}idutien�r^',�'-��-"n;, ei-and 6 8.4 MGATION 4 8.4.1 LtHMO don. This Contract, and all i 1natters interpreting it and arising undcr it shall be enforced in, and all parties do oow submi_t_to,_Ihe exclusive iurisdiaion and venue of the District Court, CourfM of Ritkin, State of Colorado, in the event of any Iidga#ion concerning this Contract. and regardlcss of where this Contract inay 6e execut_ecL Each party consents is and agrees to file a general appearance in the event that itreceivas sesvicc of ocess 8.4.E Jury Trial Walver. To the fullest extent Mrmittod bylaw, Owner and Archited snmifically,.Vaivo an right to a trial t}y iury in_any cone# will respect to any contractual, tor#ious or statutory_aaim, counterclaim or cross -Claim agninst the other arisin P out of or connecter] in an y way to the o act or the Contract ❑ ument9. The comn_lex commercial and grofessional aspects of tho Contract make a jury determination neither desirable nor aRp ro riate. Architect shall include this ptovision in all of its subcontracts and purchase orders. J 8.4,3 Removal Waterer. To the•fullest oxteat permitted bylaw, Owner and Architect specifically waive any right to remove_any action to Lluited States District Court for the District of Colorado, regardless of the presence of diversity of citizenship tlmon or between the parties. Architect shall include this PnVision in all of its s_ubcansultsnt contracts and Mchase orders. Additions and D*Wlons Report fawA1A Document 13101 "' — 2007 (formerly W51 1997). Copyright 0 1074,1978,1987,1997 and2007by The American Inslliute alkchltects. All rtghis resrrved. WARNING. This AIAe Document is protQctad by U.S. Copyright Law and h,larnstionat Treallos. 12 Uneuthartzed reproduction ar dlstrlbutton orthis AIA® Document, or any portion of It, may result in severe civil and criminal penalllae, and wail be prosecuted to the maxfmum extent passible under the Idw. This docruneni wee produced by AIA eanwore at 11:16:24 on 0113W.017 under Ordnr Na.4022618784 1 Y"rh expires on 0910312017, and Is not for resnle. Urer Notes; (1379101254) 56 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 4.4 At rn Fees: In the event that either 12ALty Drin gs Ie aI action to enf❑I ce any Rrayision of this Contract, the prevaiIingparty shall be awarded all of its reasonable costs and expenses, includig&attoimcy's fees, incurred by such party in connection with such action, § 9.1 If the Owner fails to make payments to the Architect of undisRuted amounts properly due in accordance with this Agreement, the Architect mayprovide written notice. of uch faiiur . If thOwner fails to make a ent within fourteen 14 der of recei Dt of Stich notice such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of pert❑rmance.❑f services under this Agreement. If the Architect elects to suspend services, the Architect shall give an additional seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no IiabiIity to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sunls due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. 'rite Architect's ices for the remaining services and the time schedules shall be equitably adjusted. § V Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perforrn in ac:cordancc with the terms of this Agreement through no fault of the party initiating the termination. If a termination by the 0wncx is subseg uentl y determined to be wron gfu 1 such termination sbaii autntnaticaII y be g Unverted into a termination for th. c Own er's convens once. PAGE 17 § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services perforined prior to termination, togethct• with Reimbursable Expenses then due-and-94-Temin § 9.7 qPffmina6e xpertees�tre irrudditivn�a eQtnpensatier� £er the {dal}iteet� ser ices-Frttd i�aea 1...t. rAa_A.L3l.:tw.::�:at-aflm-vi.e-eem s-c+t�•ti�il9t -fer-t13re dHl@Btlj'•a�$�k�1Htab?;0-t41-i$E�t3if2@ti9ft-t9r�i'ixson—urv--ra ��� A&ehiteeHaR ' u$ ei service � � e ` ��'hiteet:Omitted. § 10.1 This Agreement shall be governed by the law of the place where the Project is ieeate� exeep t#at i€�Irs } ' ,fie A.. shall gov § 10.2 Terms in this: Agreement shall have the saute meaning as those in AIA Document A201-2007, General Conditions of the Contract for C-anstruetien-Construction as amended. § 10.3, The 0wncr and Architect, respectively, hind themselves, their agents, successors, assigns and4aga4 representatives -to this Agreement. Neither the Owner nor the Arciutect shaU assign this Agreerent without the written consent of the outer, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professions[ materials. The Architect shall be given reasonable access to the completed Project to make such represcmations. I•lowever, the Architect's materials shall not ineludo the Owner's confidential or proprietaryrfarEitatiett i€tiie Owner -has pr�vieusly-advised fire ,�.jehiteet itti+�ittffg of t"eeifieinfbr;ration-ooitsi"ed-by-tho gwney to be The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. Add IItons and Deletions Report for Al Document B1e1 rH — 2007 (formerly 9151T" — 1997). CopyrlghI Q 1974. 1978, 1967, 1997 and 2007 by Tho Amodcur, inatltu[a olArchltecls. All rights reserved. WARNING: ihla AJO Document Is protected by U.S. Copyright Law and Inlernatlonal Troatios. 13 Unauthoriaod raproductlon ar dirlrlbutlen of this APO Document• or any portlon of It, may result In severe cMt and criminal penellles, and will 4i<•_ prasecutsd I the mexrmum extent po26tble undorIha law. This document was produced by ALA software aI 11:16*24 on 0113112017 uMar Order Nc.4022618764„I winch axpIros on 09143=17, and is not far re Sala. (1379101254) User Notas: 57 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as. f'olkww.on Fite basis of I u my suni amounts for each Phases of Services ificI din g an -estimate of reimbursable expenses. as follows OR 9 eFt H M M H t e#,Pet) cc 11.5 below. See aiso Exhibit 13 Fez Workshect. Estienated ToYal fop Basic Services ifteluding Rerrribrrrsable Er ernes• 314 850.00 § 11.2 Far Addkional S BFyiees-designated. 1, Services designated in-Secli n,4,1 have been included in the Architect's Basic Services, ntid the Owner shall compensate the A;rchiteet sa fellows: �migum -J6, rx '�f neee 'nT�t-&peeifie 9eW18es -f(i4vhiE for such services on a lump,sure basis included in Se ction 1I 1 abo v . PAGE U @reert amount€,-eF:3asi9 feresmpensagon:) SeaBxhibit A —Schell Ie of Hourly B' I Iin R Rates and Personnel Ex penses. § 11 A Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent [ n ercent 10% . Schematic Design Phase Twenty --six percent ( 26 a/s) Design Development Phase Twenty-nine percent ( 29 %) Construction Documents F -five percent ( 45 %) Phase Bidding or Negotiation Phase Fxchide percent ( 0 e/0) Construction Phase Excluded- percent ( _0 %) ell au=.� P, :.-a C139E a a .........sal or h]L :C.... . I. L:J half- wentk4ed B ��emeat-#gra}i-ser�eea p,.ethe r e see -is sera ited fr� k, anaeb me ••••Bibb...- L.,....1.. N71.'.... SMP*04r-� Rate See zExhibit A -- Schedule of HourlX Bi I I ing.Rate s. AddItlona end Delotlons Rnparl For AIA Document 8101'" — 2007 [formerly S151 TM — 1907). CopydgtAdD 1974, 1978, 1287, 1997 and 2007 by The Arnedcan InsllWis of Archlletts. An rights rsawyed. WARNING: This AEA* Documont Is protaged by U.S. Copyright Law and international Trestles. 14 Unautharlmd reproduction or distribution of lhls AIO Document, or any portion of It, nsy result In severe civil and erlrnlnal Pon Milos, and will bo prosecuted 10 the maximum extent possiblaundsr the law. Thl6 docvrnonlwas produced by A[A software at 1 t:10:24 on 0113112017 under 0rdur Nn.4022618780—I whl6h expires on 091012017. and Is nOl for tCSalD. User Notes: (1379101254) 58 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Expense of overtime work requiring higher than regular rates, -rates only for non-exempt employees, if authorized in advance by the Owner; Readet4ags; Finished professional rendcrings, physical models, mock-ups, professional photography, and presentation materials only whenrequested by the Owner; .10 Site office expenses;and § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus pe &eit ( -94) ten percent (10%) of the expenses incurred. PAGE19 100 § 11.10.1 An initial payment of(}xeto (tQ.00Lshall be made upon Execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed, Payments are due and payable iea: Am 'is tiMattij within thirty (30) days of the Owner's receiptofa..valid Application for Payment. Amounts properly due but unpaid sixty_L61days after the invoice date shall bear interest at the rate entered €-at $-onei*place-of-busines^ �r_.,.�a_ tsi. tihalorv. 9ft(%kT13r11) 3�e--8°/4 1'vight percent per annutn_ § 12.1 The Project shall be designed to be a Functionally complete project. conforming to the Aspen Energy Conservation dards and the As enlPjticin Counly Efficient Buildinga am Re lati ns and Checklist. 12.2 SiSnow Mana ement: . Desistner acknowledges that the Project is to be built and Maintained in an area of heavy seasonal snowfalis. Ge nval Itq snowremoval a d d&ignated snow storage areas snail be addressed within the design of the project. e site must be esi imixe 5nqw lJorage on the site. Desigger shall demonstrate no later than the Schematic Desistrt stage, its approach to snow maintenance and snow storage iayg 12.3 Roof Sn w Management, Architect aeltnowledges that the Proicct is to he built Rod maintained in an area of heavy scasonal_snowfalis. Tbo Project must be desigried to manage the accumulation of snow on roofs. Roofs must drsijzned to how and stare know until it melts naturally, or be shed from the roof into safe areas, En _ to the ! ngs must be. Mt teeted under caws Roofs shall be designed to minimize gutters and mowmelt systems and -support structural snow loads. Architect shall demonstrate, no later than the Schematic Design sta¢c. its approach to roof snow management issues. 12.4 No consmjrtioti is permitted on Sunda during the Food and Wine Festival in June Wridgy through Sunda Memorial Day weekend 4th of July day and/or weekend if it falls on a Friday or Monday, Labor Day _weekenn Thanksgiving day, and Chrish-nas week 0 2/25-1111 IM Tax•Exemptlon All purch� of'stDplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. 7'be Owim-'s State of Colwado tax i�entfjcation number is 98-04557 The Owner's Federal Tax identification Number is 84-6000563. Addtttons and Monona Report for AIADocumant B1a1I — 2007 (formariy B1511" — 1997). CopyrlghtO 1974, 1078, 19$7, 1997 and 2007 by The American Inalltute of kohltocte. All rights raserved, WARNING: This AIAs Document is prolacted by LIA Copyright Law and Inttanotional Treattes. 15 Unoulhorixed reproduction or dlatributlon oflhla ASAP 'Document, or any portion of 54 may reBwIt in severs dv11 and crlmlnot panalUas, and wilt he prosactttad to tha maximum extent poaslbla under the law. This document was produced by AIA software al 11.16:24 on Otf3112017 under Order No.4022619780_1 which expirea on 09103120t7. and Is not for resole. Uaor Not Do (1370101254) 59 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 12.6 Independent Contractor Status. It is expresslyexpiessly ackn0 led ed and underst -by the. -parties that nothing contained in this a Bement shall result in.orbc consirogd asqfaljhinigan efu l4 cnt re-lati shi . Architect shall be and shall perform as an Inde endent Contractor who a t his or her hest c$o to provide the said services on behalf of the Owner. Na a ent ernIo ee nr servant €A Architect all be or shall be deemed to be the emploveg. a ent or servant of the Owner. Owner is interested only in the results obtained ten • thi contract. The manner and means of conducting the work are under the sale control of Architect. None oftbe benefits provided b Owner to its employees including. but not Iimited to, workers' corn speensation inswan ce and unemplaymen itt urance arc available from Owner to the eqwloyees. agents, or scryants of Architect. Architect shall be solely an entirely responsible for its acts and for the acts ofArch it_ect's a gent s, empoyees, servants and consultants du_ ring the erformance of this contract. Anchite t hall indemnify Owner against all liabili and loss in cAnnection Nvith. and sha€I assume full res onsibili for payrnent of all fodgral. state and local taxeR or contributions imposed or r uired under un emt)lovrnent insurane sal yity and income taxi aw. with res wt to Arrleitect anchor Architect's eingloyees en axed in the oerformance of the services agreed to herein. § 12.i -Nallce. Any wntten n tices as called for herein maybe hand delivered to the res ective r)ersonsand/or addm listed below or mailed by certified mail r turn recei t rgggosted. to: t: City Manager City of Aspen 130 South Galena Strcct' Aspen, Colorado 81611 With a copy to; ,fames R. Trite. City_ AttoiTiey 130 South Galena Street Asgen, Colorado 81611 12.8 Non-Diac rim ination. No discrimination because of race col gr, crg2d. sex marital status affectional or sexual orientation, family responsibility, national origin, ancestry, handicetp, or religion shall be madg in the Mo1gyment of persons to perform scrvi es under this contract. Architect a ees to meet all of there uircrrtents of Ownces municingl code. 5ection_13-98, pertaini►tg_t_o non-discrimination in employment„ 12.9 Wa€var. The waiver by the OyMer of any term, c versant r pandifign hereof shall not operate as a waiver of any subsgguent breach of the same or any other term. No term, covenant, or condition of this Asxreemcnt cait be waived eug Lby Ahc wri ten consent of the Owner. Forbearance or indu! e-nve by the (hurter in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by ArchitectA_o_which the same may aonly arid, until complete performance by Architect of said term, coven art or_conditidnt thg Qwner shall be entitled to invoke,any remedy available to it under thia Aereement or by law despite any such for ran or iildull[CnC_G 12.10 Execution of Attreement by Owner. This agrecment shall be binding upon all parlies hereto and their res ective heirs, executors administrators successors and assiggs. Notwithstanding an hip to the contrar contained herein this NRT.4ment shall not be bindinp, upon the Owner unless duty executed in accordance with the r uiretnents of the wner's municipal code 4y the MByor of the Cily of As en or a dtdy authorized official in his absence following approval of City Council. 12.11 Illegal Aliens -CR 8-1 .5.101 & 24 1D .1 purpose. During the 2006 Colorado Iegislative session. the Legislature passed House Bills 06-1343 (subsequently arr3ended by HB 07-1073) and 06-1023 that added new statutes_reladnig tphemplo}trnertt of and cmitracting with illegal aliens. _These new laws prohibit all state agencies and political subdivisions, including the Owner, from knowingly hiring an illegal alien to pgform work under a contract. or to knowingly contract with. a Consultant who knowingy hires with _an_ lion] alien to perform work under the oontma The new laws ulsc require that all contracts for serviees_nc€_tse certain specific language as set forth in the statutes, site following Additions and Doleflons Report for AIA Document B1017" -2007 (formerly laIGIV'-1907). Copyrighl 01974, 1978, 1987. 1097 and 2007 by The American Institute ofArOltecls. All rights reserved. WARNING: This AIO Documont•Is prolocted by U.S. Copyright Low and Intsrnallonal Treaties. 16 Unauthorized reproduction ar disirlbution of this AFAe Document, or any portion of ft, may result In severo civil and criminal panaltles, and will he prose" Itd to the maximum extent possible under the law. This document was pro du cod by AIA software at 11:16:24 an 0113112017 undeirOrder No.4022618780_1 which explree on 09/03/2017, and Is not for resale, User Notes: (1379101254) 60 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 terms and con diti oj is have been designed to wrnDlvwith the rectuirements of this n0 1 aw. V .2 Qefinin and in any contract for services enteric -into with the Oymer. 1 "1ryC1'IfY Aragram" incan s the electronic urn loymentyeritcatian �rol'rarn created in Ptlblic_Law 2 88 ] 04 h n s a am nded an x and d 'n Publ"lc Law J5 ] 08th Con grm, as amended that is Joint] administered by the United rates Department of Homeland SeMrity and the social c lrit Administration, or its successor DrooQsam, .2 "Department program" means the ern pIg3ment verification program established g�irsuant t ection 3 "Pubiie Contract for Services" means this Axreement, ,4 "Service " means the furnishin gy of labor time or effort by a Consultant or a subcnnsulta�volvin the delivm of specific end Rroduct ether than r ort that are merely incidental to the re uired performance. .3 By si&nin this document, Consultant certifies and represents that at this time: .1 Consultant shall confirm the t 1gymertt elli i b I I ily of a II on, D l OyW who are n ewly hired for employment to_perf❑t'm wojk underth� )yh tic contract for services' and ❑nsultant has art ici ated or attem ted to artici Ate in either the a-verif rn am or the de artment ry am in order to verify that new em to ees are not illegal aliens. .4 Consultant hereby confirm that: 1 Consultant shall riot knowingly employ or contract with an iilegal alien to perform work under the Public Contract for Services. 2 Consultant shall not nk r into a contract with a stibconsuitant that fails to certify to the Consultant that the subcdnsulutnt shall oat knowin l em to or contract with an file 1 alien to rform work under the Public Contract for Services. 3 C n wltant has confirmed the em to ent -eligkifity of all employees who are newly hired for employment to Vc,rf ran work under the public c2ntract for services k ro h oarficiriation in either the L, i fy pro am or the de artment MngLam. .q Consultant shalt not use the either the a-veri fy vropram or the de p art'mel1t pi-ograrn p rvicedures to undertake pre -employment screcning of job applicants while the Public Contract for Services is bain perfvnnerl. .51f Consultant obtains actual knowled , a that a s ubcon su I tant pta for tniog work tinder the Public Contract_far Services knowingy ernfsl . or contracts with an illegal alien. ConsWtant_shait; i Not if i such su bcon su I tan t. and ribs Qwrha' within three days that Consultant has- actual knowledge that the subPp.twiltant J.5 einplaving or subcontracting with an illtgal_aliel and .2 Terminate the subcontract with the subconsultant if within three days of r eivin the notice r uired pursuant to this section the subconsultant does not stop ern ployin g or con tractin gy with the ills al alien• except thnt Consultant shall not to minate the Public Contract for Services with the su bc on s ul tant ifduriinn such three days the subs nsultant provides information to establish that the su v sultaat has not knowingly cimp] oye or cnntrgete_d with an illegal alien. 6 ons ltant shall com 1 with anas reonable r uest b the Colorado Department of Labor and Ent la rent Addltlone and Delotlorus import far AJA 13ocumont B101T" 20fi7 (Formerly 8151 "' — 1997). Copyright 01974. 1976. 1987.1907 and 2007 by The American Inslituto of Architecls. Ail rights roservad. WARNING: This AIO vocumont is protoctad by U.S. Copyright Law and Intarnatlanni Traatlos. 17 Unauthorfred roproduction or dlatribution of [his A1Ae Documont, or any portion of It, may result In aeVere civil end afire Inal penalties, and will be prosecuted fa the maxknum e%tenl possible under the law. This do"Manl was produced by AIA software al 1116;24 on 01/3112017 underDrder No.402261610 1 which expiroa on U9T0 M17, end Is nol for resale. {1379101254) Ueor Notes: 61 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 made in the course of an investi gation that the Colorado DU artment of LabOT and Ern V10 vinent undertakes or is undertakitlgpIw.Yaant to the authority established in Subsectiou_ 8-17.5-102 (5), C.R.S, .7 if Consultant violates ai iy provi s ion of the Public Cot tract for Services V erufinin g to the duties i maqLejhy Sub tion 8-17.5-102 C.R.S. die Owner mgy terminate this A ee ent. If this A •eement is so terminated Cons lta t shall be liable for actual datna es to the Ovmer arising out of Consultant's violation of Subsection 8.11.5-IO2, C.H.S. 12.12 It is agreed that neiCher this a cement not an Y of its teams proyisions condition s, re resentations or coven atits can be modified, changed, tet7ninated Or amended. waived, superseded or extended except b r�a�srapriate written his trumen t fuIIy executed by the 2arfies. 12.13 If an t3f the rovisions of this a gleement half be held invalid ills gai or unenforce a [ it hall not a€fect or impair the validity. Ie aIity or enforceability of any other Vrovisiozi PAGE 22 AIA Document B101T^f-2007, Standard Form Agreement Bev;fee;rbetween Owner and Amli0e l• Architect, as amender!. AIA Document 9401Im 2nn7_n: tal Datfi Pro ell Exhibit, i f pleted ff .t<��, vu- �-ar�rrrrnvsresr-rn�srn: , � A20IT14-2007, General Conditions for the Contract for Construction as amended. ce deeu m en is, i f an5,, ineludi ng Gldi i b t A, Wfial ififo rm atieaTAn""tiothi-seepe -0f wee, c enl�Exhibit A —Schedule of Hourly Billing Rates. EA i bit B — Fee Worksheet Exbi bit C - Overall hpiw Schedule Exhibit D — RPP dated TBD, OWNER CITY OF ASEEN ARCHITECT Studio B Architects Steven 5irndxan.Ma r t I Add11tons and Detetlons Report fer AIA Document a101 ^' - 2007 tformsrly B151 T^-19971. Copyrlght 01074, 1978, 1987, 1'J97 and 2007 by Tha American inaUlule of Architects. All rights rvaerved. WARNING; This A10 Doaumant Is prot sclad by U.9. Copyright Law and InternelIon al Trio afles. 18 Unnuthortied reproducllon ur dIstribullon otthIs XAe Document, or any portion of It, may result In severe cIvIl end criminat penaltIaat and wflI be proe aouled to the maximum axtent possihia under the law. TMa doctlmonI Was producad by A so Marc tk 11:16:24 on 01r3112017 under Ordar NOA022618780_1 whtchaxplrae on 0910312017, and Is not for regale. User Notes: (137fi 1D}2S0.j 62 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Certification of Document's Authaftdchy, .AtA1PDocument D401M —2003 •!, ;1ieav�y certify; to tlit:.best of rnykr ja►vledge, iei'oicmgtioil andbeliel;, diat7 created theraltached tine) document gi wkuttbhbous ly *ith its a ssocinwd- Add Wokir W D' cletido ftepad and this certification at 1 '14.on 0 113 1 undcr Order No. A021618780. I from AIA ConOct 1powmetts. soffiKke and d4t in pi.epatitjg thb attached final damlnt:6 t.1 irindc no cltakc� 76-di � dri --ItOt of AIA Doiximent B 101* — 2QO, StatiOard Form of Agf wMV i. . Between P,vvnLt and Architect, as publighed:by1he ATA in its software, .uaia't1iehth* fiddAbns mid dr.1c6qqs .§hokVn,in-thc.aiW'kt . rdAdL6(iorkq'and[50pilorfsRepliTt. N's" Saul Abraham-tv", P"W'MS IN , E.i .�W PA, OOCUMeW (,5ignid) Senior PrbjOdManagor (rude} 21/1-3/1,7 ALA Dpc.un%ml 0401 21103; bOY4111 6 1992 LU41 A* h)' 7 h& Al"'im In-iftla of Arabliects. /U I rig III a rose rved.,WARNING- 7 h is AIA;w - PC= M4F$t 40, iwa F IhIs'N 'A"' D '-vioun 1. 'Cir- A& gorlfoii-if IV- d w 0.6. C�Pyii '*'nd int�rfiW641-Trixt*. qou"TULW brwatirbutio j -91hi " i ill 16 4..a6o wpil bi Fr6ii cul bd 10.1116 rriiilm' up Aien H POSM 6 Ii u hdaf the OWI-1 HW 0 U an fu '264) User. Noles: 63 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Exhibit A erchileolure ♦ Interiors 2016 hourly rates design principal $225 principal/project manager $195 project architect $170 level 2 designer $135 level 1 designer $120 501 rio grande place, suite 104 aspen, colorado 91611 phone: 970.920.9428 fax: 970.920.7822 www.studlobarchitects.net 64 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Exhibit B Project Tasks Total for Stage Basis/Assumptions Design Stage Fee $31,620.00 Reproduction, Printing and $900.00 Includes HPC Presentation Materials Postage/Shipping Costs Alrfare, Mileage, Hotel, Subsistence $795.00 Travel for SUb-COI1SUItantS Costs STAGE SUBTOTAL $33,315.00 Design Stage Fee >, 4,Lszs.uu Reproduction, Printing and $900.00 Includes HPC Presentation Materials Postaize/Shipping Costs Airfare, Mileage, Hotel, Subsistence $1,095.00 Travel for I Sub -consultants Costs STAGE SUBTOTAL $46,233.00 Design Stage Fee $86,595.00 Reproduction, Printing and $1,400.00 Postageghipping Costs Airfare, Mileage, Hotel, Subsistence $1,095.00 'Travel for Sub-wn5ubnt5 Costs STAGE SUBTOTAL $89,090.00 Design Stage Fee $137,437.00 Reproduction, Printing and Assumes Digital Distribution of CD's for Permit, Pricing Postage/Shipping Costs $1,300.00 Construction Airfare, Mileage, Hotel, Subsistence $3,475.00 Travel for Sub -consultants Costs Construction Administration $63,560.00 STAGE SUBTOTAL $205,772.00 IDesign Stage Fee $299,890.00 Fees for Studio B + all consultants Reproduction, Printing and $4,500.00 10%administrative mark-up included Po5tauLShipRing Costs Airfare, Mileage; Hotel, Subsistence $6,460.00 10%administrative mark-up included Costs Construction Administration Excluded SUBTOTAL 1$310,850 11 Fees $363,450.00 Expenses $10,960.00 GRAND TOTAL. 1 $310,850 65 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 m 7 t Ei I L J .0 W Jill z LIE a a LLuj LU Z CIII I 66 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 Exhibit D City of Aspen old Powerhouse Project # 2016=132 Request for Proposals — Architect/Design Services 16 THE Cm of Asmq 130 South Galena Street Aspen, CO 81611 (970)920-5079 Rebecca.hodgson@cityofaspen.com Page 10f 167 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 CltyofAspen Exhibit V Old Powerhbose Project Request for Proposals — Architect/Design Services Table of Contents 1.0 Introduction 3 1.1 Invitation to Proposers 3 1.2 Project Description 3 1.3 Project Approach 3 2.0 RFP Process 5 2.1 Process 5 2.2 Schedule 5 2.3 Selection Criteria 6 2.4 Contracts 6 3.0 Scope, of the Project 6 3.1 Design Process 7 4.0 Scope of Services g 4.1 Collaborative PMect Delivery Team Approach 8 4.2 Detailed Description of Services 9 4.3 Design Development 10 4.4 Construction Documents 10 4.5 Construction Administration S Closeout 11 5.0 Proposal Requirements 12 5.1 Qualifications 12 5.2 Proposal Elements 14 5.3 Proposal Format 16 5.4 Evaluation Criteria 16 6.0 Owner's Language 16 6.1 Interests of the City of Aspen 16 6.2 Insurance Requirements 17 7.0 Exhibits 17 7.1 Contracts 17 Page 2 of IA8 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 'City of ASPOP EXhlb i 'it:: ID Old PbW6thb0i.4 Pf6jett Riiquiivvfor. fir4tQsals — Archit.eCV11)bsign Oervloi 1.0 Introduction 0l6t6.ArchitddU. i3 Thd pur0dsd'of'jhjg Re' uda for: Proposals_(RVP) -ddcurhehtU W, solicit, com r I q. desigh services propotals from qUalified f1rrn`sJDr OpMIS-for the Q'Id'PoWoffiojuse ProjW,., 1.4 In4jitation-,to- Proposers Sealed .prqpQ9ald,6vM be received at the City -of,Aspen Purchasing e0 1ce Untj1:2:00'pm, Tuesday 00bber 10,_2b16,.atwhibhA1rhe'the pr000gals. willbbboened -and revidweld;'fdr.thLifollowing bit.y of Aspen r9i CITY OF ASPEN-OLD10OWEkHOU9E PROJEC.T to sjjj6WAh1p.-GJ(y. iof:Aspen {Owner) WN11Y VndeittOnd yo.Vt firr6.or team s.'jrjtend6d_ approa6h to the. pripjeci, -ca p:iipi3r6 I a response baseOi on the Infoemation.r.eqdir-0 In thijisRequestfor. 110 Project . FO) - - The City oi-Asppri is I n 'n eed of temporary office s paico,'The'61d, PbWerh ou-se. located -at 590 N. Mill St..(PreNioutly, jhe,As0en.A.ft-M4seQM)."'P fuffill. a '06rtion of this r64UirQ.menT if• redeveloped foriAiq'e-`. use; 'Th0'd09i§h,pbrUbh of thii. ;Prqjedt i� to- be'-spi , itin two ph Asds'. Rhjqse, "0rkq Will �involve a compifato 066vetsion -of the.'Interibe.sipape, including the, to -a flexible modern nkb,& space, and up 4,a and gr6,dingthe',b)d!gtihg.rt�h'a'nic�di,qlectri4;a wW6 sprinkler-systerft.P 'ho.be - p - let& eit6flor 0,7cKqgp, includifig new ro6 so'twow be-a-cOm nd'thb oddifion-of an p!eVajig . KT11045ld PQWerh bVp. Mindows, fascia restoro!jor -review. p is 9,cherithed h6t&ic $trudtprb, that, will requft W4 attention tbAbt.all and careful design-, review with re'.City , `schedule we hgvbihcluded] breaks the ptOjOptinto 5 plisses,,0-. Conceptual Design Schematic Design Degign Qev6I.6piTi.0nt .Planning Zoning,& Permit process. Fijq9l Det,ign, -C6nstrUL,tit)h-Ad'rfiihistrbtibh Please defihe h c ,YOUt.qpproa'ch andikatri In each of t a ph1ids-Withe@ clear list deliverablesof, . for 'eaph-phase. 13 ROJ601t 06610 ,M15516N-:— DepigO Mb con%rvda g6jett that is responsi.b1d, sustainable, dMq1ent,'&ivIqPllY .;connected and respectful Of the hls640,ni3turds bf thebullding... -OBJECTIVES: 1., U'tR ollitypAsig -ifte-prp Mfqrt0ble,1J!Rpt to be civic in nollurO, pq�lblb, co 0009,09 easy to. use. Page ,3 of .199 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 TRY OfAbpen ► Ev,N b"it IDOld Powerhouse Project I . .. Request for Proposals — Archlt6ql1Dbslqn,$erY10jei;- Program — Deve'lop a.timele4s design that integrates with the historid nature Of thO project .3. Cost— Corhor6heftivd cost analysis and budget —tracking throughout the project., deti kgn process to keep the ownership Informed and �avold budget, creep, 4, Design Schedule. —.as dittabhOti6am Will be required to develop two.sbbedules onefor 46Mgh process and one for -informational public priodm'including r6guh3r Council Vpotetfor decision 06ints. .6. Construction Impact Dev6iop a. viable construction phasihq and sequencing,plan that ma 1 ximizes const(Lictl6n efficierfey While minimizing the iffipkt of constfuctibn 6n residents, visitors- and the operations of the. city services. '6. 'Quali'ty -, Specify high-quality.building mat eridl$--and! iy6tbms,th6t.deIivdr i:;bMfbrtbbI6j reliable, durable,,efficient and sustalinabib,pr6duct. 7. -Sustoinabil ity - 8ustaiina bil ify in prod ucit spedifi:90n and Ong 'rig qper-atibns Wil . Ib6:an P importah't g9al'Iri the -a pproV,6jd'desiqh,. 8. Safety.- Adopt :and Implement -a safety prograrrithat pro ides7a safe. construction 0 environment .for.ail Workers, visitors -and,the'puhli& A, 01.nfilng - lead tl�e:desig;n,, pierrfilt;and apprqvpj process. 1 0,,.-Historic. Pie§ervatioh .MainfflaiM, the historic ipNr6bt&;.of. the strudituro W6rKIh,,g. didsoly. With HPQ -arid the public. 11.3.1:C6110borailvo Project- Dellviry The - City Will -pursue, a. collaborative project development lbaM.,, including des ign ,program, management owners agent services_commission . ingpbrvice, and stakeh6ld&s group. The 'early formbti6n of the group provides- ari open and--colla6arativer process I involving, -in put from all parties - designers understand the ramifications -of decisions % en they, are rnad% declsions are not trade solely on a first' -cost basis, . time Valuo design (bstirOated budgipti6q) allbws for cost feedback and early total project cost commitmeritt.'The' values- are looking for on this team are as follows,' • MUM31 Resoect,dhdl Trust MUtU61-Bo.ndfitand R.ew@fo • Collaborative Ihnovation and-Decision'Milking Early lnvd[V!ment of,Key R3rticipantp • Early.Goal Definition • 'Inlerisified Planning nnihg • Opdn Q. orrimphiciAon • Appropriate T6dhnolcigy • -Organization and Leadership" T tibotatiVe Old Pow6rhouse Team will consist 6 he. foll6wihg.: The collaborative f t e Development Program Manager -1, 0.W0iqr!s Agent e ArcljiWcUEngiheer Design Team - P90A of If 0 DocuSign Envelope ID: 3FDBOD04-26C F-4 348-A554-9B381 C 1 OFE50. CIty of Aapen Exhi it'D old Powerhouse Proli)cl Request -tor Proposals — ArchitecilIDenign Services io C.66trCict6ir at Risk will be brooght on board -at -the appropriate time, • Cbmmissioning. Agent City of Aso en i§t5f e Stakeholder Groups 2.0 RFP Process 2.1 -IrOC685-- You rust subrnit-all-questions ,4,1a,the Rocky Mountain 13.id'Systern webtite. Tile City reserves the'fight, at - its -sole discretion as'deerned -in the best interests of. -the City,of Aso�n�,Lo. disqualify -any -candidate for. Qhone: nlis Or other direct contact with City staff othpr than via the, ,avenue ,provided in this section. The ,purpose fdr this Q&A proced-Ure is. so- that the C4 may track all queslibhs, issue addenda and make sure -that -all respondents haveaccessto all questions end all answers rel6ted to this RFP. TkeAikid Ijh6 f6ii 60hittift -0 Agwgii-'m 6w X2 01.6 6 -Submit RFP r6sponses�dh thd-RqkVlVldUnWn (3Id"8ystern-%Wb6itb. Call!60046.54 031"1UY04 need. any assistance. The selpctidmprocess,wili consist of -selection cbmn*bee proposal & -.a luations followed by oral .Interviews. . . Seesection 2- 2-for. the anticipated evaluati . on, -and selection schedule. The selection committee Will develop final: evaluations and will' create a prioritized -ranking. of the top most. desired design teams: Your firm Will be hotified'as to -Whether or,ridt they haye been s6iectbd to attend the oral interview:. Pldase . make -tentative arrangements for your team to be -availa6lq;f'Or bral inIdNiewb. whjOh will .,46.conducted in Asp en, -Col6radd. 9,2.Sthiau'iiR: The pr oposal, -!Uafn and bel6ctid .evaluation n schedulbAs-cls-1611OWd: ,SeptpMb4r 10, .20 -16:' ISS-pe, Request for PrOP94411s Sept 6rp4er:27, 2016' Project pro proposal h1eetift.9 .October 4,12016:Final Qqegtions-Due.fiom.candidates October 7, 201.6:. Mha[4ddqnO!jrh Issued. .00IRMil '00I, -ObtOer 2546. .266: Oral IfitbF01 Ows November 1. 2016: .Selection Rankings Announced N&eftey. 4, 2016; -SI§(i6d'.dQhtraq(t W6 Po9q 5 of. i DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 U. �U. IV Old of -Aspen Old Powe rho u isi Vi6jedt Request1of Proposals Ardhitect/Design Services 2.3 S011ectibln-Piltorla The criteria for k6lectidn shall include but may not be li.m.1t6j:1 to the following: Firm fkpetience: 9 Experience with 'Similar -Projects • Experience with Hstorld Fadilitlqs • Ddtign -Tearn Lead'&'Ek brienod • .13101griTeach Experience • Sustainable Design' Experience • -Referenced. & 01:h0r,Experidnce' > Quality of C&g*Ultants: S.troct&6.1 Engineer i . MedhanicAi Engneer• • Electrical Engineer Civil :Engineer ■ Hist6fid-Ar'.0hitimt. • Sustainable practicet • Land Planner • 'Landscao'e:Architjjdt • Acoustics tsiinsult3nt Waterptoofing, Consultant. il IlhtdH0F D6619ne' r 3;6 :Project Approach: •0 Oct Understanding g • AJignment'with Proledt-Goals • ProcessControls I QuW'ity,6ntr6l. 6 Team Coordination a Onderttand1h.g. of Process Feesfi Schedule.: • Fee Work$h6dt 9 Ability tp�Me,e.t.8ch.e.d-u.1i.9 ,Weightiti.gs-for-ca,tegedim will nOt necessarily -be r9lAted -to the number of liho ftns in each dat! on. 03tpg;ries.andweightings-are subjqctt dhange, by the. seleption committed base d'on thegjnlore$tsofthb City ' f Aspen. 21A,CoqtiiI6ts The s6Wcted firm, wlil;be -eeqWfod,,Iq -6iecute irId,,pbrf6rm ',r' wG Ktubject to MO. ettciched AIA Bi 0 1, form -of 49teem6nt b6tween the Owner and AfOitect and Ihe-AIAA.2-6 i--2007 006ral Conditions: The contract documents included provide a working framework for the overall project -approach and sh - ould'be..:c6ftidered part- of the . scope:of Work. required by ihk AFP. iniftiAl contract arhountwill lindliudo only disign phasephase� faidis. City iiy deems In-ifii e city's !66si, 46rests, donstiruittlon. oh-as*,feet,will be add eidi bV `eddoAdurn. 11 Sq_bpe of. the Project Th0'C-IfY of Aspi n Js in -need of 1,6mpetary qffide-sRade. Th6.Qld P6w6ffibLise located at 59P'N.. milist Previously the,Asppn Art, Museum} can fulfill a portion of this requirement if redeveloped for office use. The design.pbrtibri of this Pq'e6t is to be'split.- in. ty�c phases. Phase 'e e onwill involve c6thpl6te conversion bf1heInferior tp8ce, ineNdihq'the ' large' gallery sp6cO, to -a flexitile (noderti-effice sppce,aind upgrading the existing electrical, water, anical. .e ect al ter, and fire :sprinkler systems. Phase..two willbe a r;b_rnplet6,okt&lor packggip including a new roof, new Windows; fascia restoration, HPQ review, and, the!additi6n .6f an -elev6tgf.. The Old Powerh6use- pis- a cherished hisiorld sfructVrb ihat Will rbqOite extra attention 16-det;iiI and 'careful des ign -reyleVv•With the.City of Aspen's HI.Storib Preservatibn Committee (HPG)- and -the:pubfit.- The .schedulk,we. have lncliid6d� breMs-ifiemleci, loid 5 phases, as fellows. Pegs 6 of 1 ?2 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 VD 'City OVJI�span I.Lxh bt -Old P6warhbtlse Pfoleret Requestfo r Proposals — ArChI1160t/Desigh Servir,.0i. 3.1 design Orocess Coriboptub 'I Dbsigh 'SchemMile-b0ign 'Design bevbldolriiont 'Pinil Design Construction Adaii0istfition Pleage!de . fino your apprbach and -team, in eaph,of,the phaNDO with -a. clear list of delivorables fbr each phase. 3A.1 Pr9jecit-belivery- tonceRtualization (Exganded -Programming Sch&n6tic.Desigh,(Expand6d Schemaifib,Nsidh) be�igh.Devebprnenf 'Ddsi.gl�-.Develbpmen_t,(,Ekoand&d :tonstniction Docurnerit n P Wihla I - d6siw). d6h§tru6fi6h Adrnihlstralj6h- :3;1,!,Siibfi6dVI(I A tdMOV61Y p1ropps6d,pt9fect schedule i's -asf011owb: Phase. 9- Interior Packa4e -Condeptuil'DesiDesign: - 3r wieek" 9. . . .. -Al 'SchbMatiqDesign: Twijek.s P69ign,MevQ,l6pMent* -B.We k.-E Pliapnbglbhl�q acid POrm.it: 12 weeks Sid S0rOltt6d:-,Mardh .1, 2017 Final Detign 0 ltweeks.;- 'Construction & C-lbgeOut-.-, 24 wOks, 'Phase 2� Exterior.. Package Condoptuil Design: -2 weeks; Schonriatie-Desi hAwbdkt. :Pege-7 bf DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 X. Old P6wirbodie-Project Reefuest-for Proposals —.ArchlteqVDbslgn -Services Design Development: 6 weeks Planning Z-qnIng!an&P6rm:1t: 12 wdekt Bid Submitted, june. 1, 2017 Firl'al'Bodign CD:- 112 weeks Cdn6trUqtion,.'&.Q-IoSeoUt: 24 weeks 4.0, tcope, of. -Services -to Ificlud-9, 6ut,,hot Whited to, the followi ng to provide a c6thpiKe, c6m'p_r'6hin-9i'jd'd6iI6n package CI-Corie6ptuidikatloh DevelopMont.Pr6grain'Mana46r./ 0Wfver`,9'.Aq9nt, • AIE Design Team; -Commissioning Agd0eyaluatibiis &, selection • Ove "It ii�llitbtlqrf,' -ior6(nation, orgfiarl' Ta 'co an ph •i3hd. dliddlJoh, of the; (riftrattld team • Uarri's Wimpffafte with -owner's, requirements • Overall prbjed,sc'heault�.. including' Initial procurement b.nd,.cbnitru pti6n schedule:. Com&Wnb'A - s' of riecesseiry,Or6jec(.,irifdr"'Matibn • Conceptual estimate: Bench rhark for design -process-with detail Commensurate-to.thp. level of design Conceptual 'co t'@ ''§;s of do"strUctiloh s�ysterh n, strUctabili analysis 1. Y p select ■ VdIue_ehglheet.ing 1: ■ Identifichtion .of 1b6tI lead items Architbct/EnqinebKQesvqn feam • Validation of opportunities -'and op #ong of *the business propositidn to the pftsiccil outcome of the jp!qj!9c! • Cohfiri•n :space program meets Code requir6rnlbnls- and. applicable standards ae(d'I§i pligne.d Wth.-overbilloroje.6t goals • VNuaMEe rrfa!stino of IJUildi.no And -adjacency concerns -on its site • Iddrifify sustainable, obsiqwolLittorhes that hbve a cost imoact to the pr oject • Confirm E)eslgn.sc.he'd.u'le ■ FqWbadk..oh buildihb Aysterhg tdlgtivb to -achieving- projbct 06ftr6i'ancd aocils • Identify uhiqde,prbjeqt.an0.$YstbnVf6q virLifn.qfrits-thdiwill eiffect,ptojoctoutcomes, • Uriddo.tudl Malydfi§ of •construction, evifting -6616cted • Life eydid and, energy Wididncyanblysid HiftHbal.pre§ervatioh, review. • Value etigindi§ring I CdMmit�§idnihg Anent Work clo,salY with. the team -to develop the criteria for bdildihg/systems commissioning for hqafing and ventilating Okstbft, and .the remaind6r of building controls qs!ems Page s or 174 DoruSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lClOFF-50 dD EX:' hi I old Pqv►ertfodse Prdject lkequao:for. proposals - Architect/Obvign'Servicas -.Prbvidd input on. corillmissionft-relat6d• design wisideratiops simpho 'project toam ftiernbefs and work to dovelop and cqrnmuriiiiatia project opals gh,%pre, through communication With, the tbam,'.thpt the'design b0ing-pprsued #y thb,topm' follows and meels.ihe-overa vi sion vision fo.rJh_e,prp1qct cbhd6ptu 'n d .al:d 6(vsig.bfc6nstfUdtioniygtem�.4e!6 led 4.2 Sehema I . l;lq'D..e.siOh Develor)msnt-P-rogram.manauisr-i-Owner's Agent -g L OFOEfraill.faditatiorl, qoo(qln,-4ti6n, orgpingaitidn pndbirikdoh Of the-ihi. rated i Co'ordinate-Assignment.of iesponsibilitie&, actions4nd -completion eeqVifdrtients, c6odinate,iand track i6tegrptqd team's peftrrance a :C&6rdinatipn of overall pjjI6,cj. iscOqOule With uPdA1ea+produrgmqAt&hd cdhOtNlbtlGq. schedule • 5chernotic cost estimate! driving design to -a budoet • .Lead Value Enginepring,proqess • Final. Conitructaollify -analy�.Sis of construction systems sdjeet6d -6 Value •p4oinepiinig.'l 1 Update -analysis of lqnq 1baO:1tbms: AriphRecVEn_qifieee�Des1gA T6am 0 16tegr6iion 6f.design )npuffrbli'ill W811i M@mbers 4 C,qnfirmuser ex-peAO.-c? 6nf'bqlldlng psjrtelatle§ t9pbject goals , 9. ForO,, adjacencies and spatial riblatiohOlps of the project • _djorbuilding.spfdj�pr?. pnd,p@rf _. c tociwirOlfib Coordinate Selection Of m brfniarf e • RiNjulat6fy reqUlt6ments f6r ihe -Wilding (i..6,:'f"ireJlife -WPty-Ol-, A) • 4ustalinabillry,t;§rgOts qnp- Orbp qsked -S systems 1i Outline brPefforinande S006iffcati",.on . • RiefIrkdrhentoot de8ign., sftdyle • Locate -Mqjor pieces of equipment and rotitin§.16 thd pi dj4d! Iddritify u6iOU6b6hd1116hs thdt. h"d'to bO M&6&sdd in ft. next Ohd6d as thd,,§yitbmb are beingdetailed • MAdate lead times. for long.-leadiftems, • Provide irfput for tol6rances, prefabrication opp ortunities. • F041'ahalysls of construction-4v916ms-s6l'6qtdd Hio!prib.M prepervatipnrqklew , • VA1U'e.ibnqjneefif1g 11 -gOrrrNssiqjnl'ng.AOen - • Mo* -with the,teq'M to-6M6.,b.l11S,.h, 0... d- documqqj the, 9WOers 01to& ia tar bqildlhyMerng furictioni perifb"bn,de, and rhalntblnabltlty i Address, In design reviews, f1r6t-;cbst..4nd. fang -terror Costpon$ideritions, Ootential.$yttim performan,c# Prablemp. g . h ' ef§y.;efhc'-rvqy Improvements, indoor ehviforfmental. qUality issues, operdtiohfand -rn',Mnte'n'Ance porsiderdfloht Werk with theteemto identify poieritial or6blefns early, befqrq they.,,qandffed lat.0 phases, of the. project anditausei 461q!yt. or require. porrectleft Final; apblysis,Of construction systimt selected P-69b 9 bf ij., DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 !q1t of Aspep 'EX:h[b], .-D .Y -Old Powerhouse Peq6et- Requistlor Proposals - ArchiteqUII)bsign -Serykei -41.3 Design Development .Development Proorarh Manager. -I Owner's-Ageril Overall facilitation, coordination; organization. and directton.of the iole.grated,team, • Coordinate alternative options for presentation to Owner Coordinate •Ond.track int6graileditbArn'S performance formance ■ lEtisurb c6ffi0liantd*-With proje- bt. feq*uiteffidrits Lead ,performance :checking of building systems from the Integrated T6an`s "stakeholders • DD, cost estimate -.consideration -of systems with in desired -budget Final analysis and r6borrimendation- on- coh.structloh systems. Package Bid documents and draft RFP for lniflal,'GO GIVIP :review response and, recommend in conjunction with pr6jied team * Monitor,andr(Jodbfi5 Schedule * Value - EhMneer'j-g III! g, Ing Architect/En ciineer-b�esign..Toam • Coordina.tIe and irit-eg tMte input fron Wqject stakeholders and ensure ceffo!ii§n6e With prdject. requirements • DO,all c 0 hdoot Ideas'Into donstructlble,form, • Codd comollande 4 Cornplbte,clesig-n of building-syste.ms: • Estimate involvement, clarifitations and cost cbntainm' eirlit. • Verify system.!perfbrm'ance • Final, analysis -and . re6orr(rheindation on construction -sy4tems. • Historical prewtvafl6ni review , • Halos EngineeeiAg fli ,Commissioning Agent Formally review and oomment on the -design from' .a bullding/syste.ms commissioning perspective -and , ' make; design recommendations to facilitate corn mi ssionlng -a hd ji nprove iJqildJ'hg,0erl`orManb6 • Develop, With input from the :project team, @ deialled commissioning, plan for each building, and each building system • Develdo,'wilh input' from the project. Nearn, cornmiqsioning4iblaied r6quirerrients that -will• be the contractor's respohsibilityj including equipment Jastallbtlon and' start-up, ,documentation and functional testing • Final prialysis and recomme.hd6tion on construction systems; 4A Construction -Do.cUmenits 'Q&eloymeff Proqrk - Ma nager I,Owners Aqbnt • bVerall'facilitiltioR; poofd.batiOn, otg@nlzation and ditedtl6h of thb ifflegraiti3diteam • Coordinate complete inforrn'tion for'le gal.requitomeritt,of project as it rdlatftlo the owner's -procurement method • 50%CD cost t estimate... • Lead the value-engineeti . ng pirpoots to ensue highest K@lUe to. the project ;?'399 10 Of '76 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 i:Exhithit-D yof - Abpen Old Po:woh,"."S -PA400 ON'- — ArchitiqUIDball4n Sirylqei . ON'- Proposals . I 4 Coordinate -team input and fildifitaltift buy -in, for overall p oqt-schodUle-and- 6udget • MQriitpr and U00;3tjD -sphedule, • Package, Bid documents forInitial GC GMP reViPw:r6s0bnse and, recommend in, cc Ajundibn-With- Of6j 1 491 tea • mAssisi a!n4'rfIanagq procurement of miscellaneous OWndr c6PsdItAntt (geoiech.. rhaten" als tasting, '-6nvblope.,spdi;kali5L, FF&E purchasing,) Architb6t/Enniheer Masi Team • Hnal-lie db6ign. modelfor-architecturally related 4051gontent for construction • Prot detailed constructloh I dra* ngs-for'fabrIcation,.tnd consj radtio n -of project soope. • Pro0ift drA*i6gt46f-bid,qnd building'permit kipis'pobd to 'bid one 4q ii1d; ng permit -1. d&A in As..siot,With .GC- review an 0 -seledtion • Respo r? n! 16 GC -stAgg0.stiqWaIt6rn6fi3s/rneans and' approaches • Amend ,drawings as nece.5sary'.-fort id, Widih.4 perm.it,E V an alternates 0 Historical preservation W Itibn review, G6mmit!§i6nin• .A aril Ith- input'frorriihdidetiqn"je;AM, MIM1.6d dotnkiissibnih.g.-spe.6if.icAti.oks ftqrri,,the infbmrisitian developed, M Design.., DocumQnt responsibilitiq§;;pnd.'sy:ptemaitie,procedOrqs fpr syr;tem testing, 041ancihg; fline- ,Wft, training; owner's d6curnO,!a iia Ltj66,&0ahlJ4I§-,adceP*c 'a0v. warranty 4-A C 6 . 0 00046- 0h:A0r6kAI0r#tI'6h-4di 8066t 'Dbveto2m6nt'Program -Managiar/.'CWn6r'sAQant' i O.Vprlilfacilitation, coordination, -brgplriiiatioh.a!hddi:r-acti'0'6,Ofthe,.te7affi -o DocUm6ritcoriteol -arid rhanA§dtnent .1 Chig.rige ordertmanagern(MA .0 cbst-control • -QA JQC &pr6lght and.-O-OrdinaAiOh • Oversight at' -the' deinetal, Contrbetor, -Architecta.nd,mi'sip. contracts • KoView, �Monitof and repbh o.6 -t;dhe Ole • Provide monthly ppgrdst repor I tt, 6h, budget, -cost-,schedule. pndftk Architectltnginei§u besicinTeam ■ OVOWI , r6sponsibility -lot C dristfucti6r, Oph WactAdniinii§traVp6 frbfn a desigh.p&gp6ctive Respond t& RF.Vs arid prO Vig of sudmR*Is.,As -U r � red to isUppAo trades: hot Pari"of' N the initf4I,de9jg6 activities C oordi' ' nate-ktl and -submiltal respo6ses fr.dm4Ij,0dsIi§h donsultant$ • kevlow and. Certify-zhanqe-ddbrs .4nd pay apolication . s. • ateefo'bMas required 91red respondihg to. fielo,,ti)nditii.Dns!a'nd,t)edigh- . Consultaflt needs • Cdordi6at. e any, changes due Wfeld conditions not. in the BIM. • issue design &0n§e,d6cu pnl's �eqpired toretpoh0 to iatbnt-donditibng pnd.'br PA96." Of'% DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381 C1 OFE50 City, of Mparl bit.- 0. Old P6~hbuse Projedt Rocibest for Proposals AichitaqVIDesign-Sirvidei RAV.lbw change requests to.1co ' Me ' M e6titleirridnt. Work. With prime -constructor to ensure the construction Is -proceeding in 660f9irmaride with design intent • Issue substantial bstanti'al and.fin.ii.completion,s,document.4 Work� with owner on user needs to use'the BIM for life cycte-bOneflt.- • D.ocuriient and,pr analyze any Post ft6voancy Evaluilion,feedback • Observe construction to enable- porifirmation that don$trUction is consistent to the .design documents' • C#ry oyt -Con6ttuction. AdMinittrbition. 00101tio; per AIX151101 cohditioris 9f r pontrapi CdMrabtor1--;- Hireij. by-,RFP ,at- ttisphfte ■ Unttrudt thim prqjddQrefdr A201 contract),' • Issue and 9ainappr6yM of. a City 0jA$p6md6jb0!i;iht QhstruLftn MAna!jdr0eht Plan (and adhere to the protoci.A$ contained *thin) • Qb&dinate -trade contractors', suppliers, and!self-piprfortned work: to ensure qQmplpIion of the,prajqct,apqordinq, to cohtraptA; opogeti!schadule.-and qqe!l1ty:goalq defined by the 0ojectte?ffi • Bi'sure WOW of all personnei.6rj jhQ project site • Maintain goad ,.ro;R! ohs'With-noi4hbors • Coordinate design -updates (ASP,111FIs, -design updates etc with r6guWtbrylluthoritilog) • GOordiriat6.-Wih.roqUiatbry.aqignciL&sfof,-required; In"SP' ectionq- .... • C. o6rdinate required testing. • Finall-7e'the BIM to boftqsp6nd with OUR dohditi6ns-. • Coordinate trades vylth the dvqjr?i1l1proj0rjt 19 pnr;Ufe bffl0idqfI6w0f'Wbrk.. tdbrdinati§:fabftatibn and delivery, bf rrki§terialstib.0effib-fies/eqLiip. indritito ensure ,pffiblent flow 6f Work-, Provide Operaflon-&Mbintenanco (Q.&M) friforniatidn-1`6 able. scope 6 . wofk. r ap. f A CafiRully -presefv6 1he!hfst6rJb nature -6f 'the stru6t - ure ComrWisisionfnj 6gent- -ip-6krimunicate with the ,design ,te--AM arldl coordinate the- sYstbirnat . Ic e)t6cuilon of *the, detailed coinrriiSsicning plan far each b6ild . Ing and 16t each� _ �itbrn,' IP dludlng ihstallhtibri, Y - start-up, testing, baiancing, fine-tunin'! .training, owners 4q;uiantation/fOAnuals, -9 ;qqoptance and -warranty, Verify Via 06- inspection bnd:doeuinbnt..c6mPlI'5nd6, With 4166 bLiiIdifi0/$ysfefti6 criteria ,developed throughofitthe-design pr6c6tp, Provide. documented confirmAlibn. that the ,fpci ilRy fullfift the funbtional and performance rp.qLfterfients .6.0 Pe6ppsall 16qLiir6m6fiU; 5.4 Qualifications Firrh06dms - res�pohding to this F317P.Must show bFghrlizat . ibrial And. finaridl.al cApb011ity. bn similar ?age lliof 11f8 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 :0Vw *3pen- E x! h I I bf t''! D A?Ild P6W6rftbIiiq Pr6jadt -R Oue*t:fiDrPropgjsals-Archite4ViD'esign.*orvlc.e-s 5:1.1 6V#rVJeVv of 'the Firm/Team 5.1.1. 1 Pidate provide your firrWs-quJilifidatid.rit via AIA DbcUmbrit ON., Archltddft 'Qualification ,St;Jltement' .5.1.11;2 PIeopb--prpVld&p description of .our y to firm!s -financiail- his rylhcluding--. 5.1;1,2.1 Whethet, your organization it in -the pr6de9b.of-filing.-dir -has fileO bdrikrUotcy. within 'fh&. last fivd. y04(.S; 5'. 1 i 11,22 A letter from you firm',s, finah.061 irigtitution.riotingyquir -firrh's financial stability. ,5 1.2-Reltvant Tphm Experience* Please provide a list Of orojedtre1va -t 6 the progrdn described bed in thit RFP and includefh' following :information: • -$i2e, 6qd, dollar value of each project; Contact - Person. and. phone. numbbr. for. the Owner ,Contractor, andor 6thOr relevant ripjqrOnq' eis fetleadh; R,61j)vant project 6Xp06hceJbbused: on;sIMIIAr r@c6ritThunicipal.drid histoddAl!stloubtute projects; d &noh6sh- on prdjects,.Iocated'irf a mountaiingut. setting; -spqdifically projects in Aspen •-F experience-With.suAt Ole design;. ariplli#4`04 4 17eI@0id6Litlihe of project ad6pe As well as: your firr.ft spe6ifidswpe bf siqrvic'gs-provi _'ded; • t libpti� if your film f..h6 .Project'i listed. 6.1.3; 09S.19n.10APlibilliti.es ,Pi'eos�ed6scelbein-deitailthe ;firfnti am'sbVerall,detigfi cbbbbilities at they rdidt ..e, tO each phas e ,ofthe process:. $.11A In-Ho6Jse._-Pers6n'fie,i Dialicatid-to4lil0!PrpJLict Prbben't the• ouslifigatiolftof the, 1f,%#rn leader and the.design tdam--irridinbert'Ift rQllows,. Prbposed Ole and Ibclsi6n-makihg 'capabilities Jor this project • QqxrOnt resume L , itt of projects c6rdolet%d-.by IM; IfidiVi4qil including specific 5copobf work • A -Owner -and'G. ederal"Goritradtor contact, p6iton, hd phone number for each projimt listed • Key qqalifi&fiohstha! Make this'ifidIvidubl'th-141041 fit for this. pr6j'(9ct,,,. ■ l41JrPki3r-6f-K0urS_per :ee oip,'snd!V!dLi'�ilw'lilbededidotbd.,t6.'thii§..projg,&.dLirihg.the: qlps�igri,ohas6'.Y -M ref6r.tb section-5.23) Rvoi4@rofh6drs,p@rWeokthit-ino!yCduaiwillOied6&icatedlbthis.-Or.oi@ctduringth6- cQr0ruPIion.phase-(y_,pu may, ief6r�i:b-ppqtic?n-5:2;3) 5.1.5.C.p'nstiitt.irlts/EnginLiert, .Plebsb Bfall.piibodsed c6ndultbritJ64 enolhewsre0rdne d in the -fee worksheets For-. each eohsUltong.enaine&;includiS the following Wing ihfqfMati06--. P ir,t6. Nqrn er 21 Address Page -11-of-i ;19 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 - City of -4spery ::Ex-hibit D -Old Pbwerhou&e project Ikequest4or Proposals= Archite ct/De**'1gn.$er41bai 3. Contobt Name, Phdrie'NuMbbar', & Email Address 4. Firmts'WebdlteAddre§s The follovAng disciplines shall be addressed: ■ StrUctural'"Engineot NIftkafnid6l E6gih6er ■ ElectrI6ql-Ehgknqe( * 'CiV.11 Efigineet * Hittode. At6bitedt * gustaklao(e.-practices. • Ldhd Planner • Landsca.p.gAtchifect; • Acoustics: Consultant • Waterproofing; . !tootl -I nlerldr Designer S.&Prop,osail Efiftherlittr 5.2,1,,.Ackn6Wle4g6mbnt.of Sibbogi Of Services .5.2.1.1 Please verify Your understanding of the -scope of -services -teq0esi6d1-.ih this'RP - P as well. as described in the.contracts: 9, howyour Vmlletbrn will bppfoadh. a6d execute eadh section of- the scope of obrvlces 4nd,.I(fes qibe:hpw y4urr*rn/tqamcn add value to the Aqrvices_reqL!L,,,sted,tq &.eata a. buCC600 -0160*t -5-2.1A P16a96 also descdb&what e1&M80tt-,6f �effl6ien py yquf firrrVtbafn Willbring .t6 the ftr.6j6dt a0p(gach Iry ordet to -help,the'C. ity df Aspen best ytili2e funds , ..tiaras " , ph4rhak0,suqgi�s on$ in--eaph area of the approach on -what y6urii -Wil 6 1 do to -ensurelhat'th6 Intpintendedoutcome s of the. :project Mpthbodo§y .1re. reOchpd. -.41.1 F09 Workiiheet 512A Fees: Please,c&mOetp the -included fee workheet-. lnftnig.sp, p16RpP.60mi1:lUrhp'su'm1 feet to prcM06 the services requested fay phase --as mitegotized _W(he1de works6et. dilck the' Vnkbolow,to dtaiin the fee woiktheiatt ,5.2.2..'2 Reimburg8blet: Clearly idehtify gill caftdrietbf reimbur0bl6..bx0dnS;e,$, thbirprop6sbd p6rcentige of 'markup, -and :anticipated cost. . Use comments as:needed: T-hQ'0wner,exPPdts to -in, elude the r#imbursable-,amount-proposed -in the final design contract as a !b ... I against, 'Candidates Ore 'tq assure detdil&d baqkup,bf'rq1rhbqrsftle costs Will bd required wio;eaqh invoice. 5.2.3 Detailed 5'i1l Prepare.a :constraints -described' in detailed isection $.4.2-and,dqKr1b_0 the levial,pf eftled sU§g6tl;0d-sChe4uld, based on'the-desigh process.process.that will" meet the t - it-.61` each individualorrole . throuqh6ut each #atO of the.schedule. and. PoVv, in each phase, your firmhe6rn will Intp-graiq .With'the team-. Phgw 14 of Igo DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381CI0FE50 :q'Ity of 4sbperl ID 1,•Ex''h"i bit: -Old P6V06rhb0iq-Pf0J6Pt Request for Proposals — ArchkoV[Yeslqn Aeovlciei; 5.2.3.2 Please illustrate the billing ratbs�assddated with reach'individual qridle arid,the amount (Wel1oft by each -so that A'Wili be clear how the overall:pricing in -the Me 'W6rkshi6i,ha'$:been 'bullt,u p Ab -reach the Aotal f6rihe, PtOodtal-w 61.4te.sign Process Coordination TCIC Describe l?qW your firMiteam -Will do6rd Inate -work -duf'ngeach, pha- se of the schiedulb. and.,,wh@it your fitit fty Of wand, rmiteam wiff db'to ensure quality. include of travel lbn'd freq60 bff-site. m,0.etihgi§, And- conference calls -suggested fof the.,project.. 5-2:5 Mditicinall Requirements; Inaddition to the -scope. oUservices described in tlhis-RF�Prand the-lservI60s de,$t.rib6d, - 16 the- 1atIkqh'qd,cdhtt�a4!q, besp . ripthal.the t5fdEmsai also addresses -the idltoohg: 5.24.1;T-M City of Aspen requires. 0,6t- the selected firmit6arh work as paft. of the Design -team tq'd6v0o0 On effidididt, busidiftdbie dd0bq Vi exists in harMony With its sufroUndifig. environment and' shall,me'etthq'functional :and cantiru-pla�ility.-r,'-eq'uirom4rits, or.a propierly, Pmplet0,pr6Jpct. - ;2 The. 0�esign tdo.mj� expected-tb- sUppoft -the constr�ciioh cost *$t4b9flbq effiirt as' n6pddd with I th�e.."Cij'n'traOtor-.'af.R!94,,,OwmOr�'s-A§ent-eiriOComfhi�-sipningAg'eht:t.htoog t the qo§Jgfi process. ..6.2,563 The'City -of As'pdri .tl4sig.tib.ios.ihe,Old..PbWe'rhou se:§truOtUre is Historic. Thiis designation - w]II carry with it additional hI$tofIr review :tSy-.0 0A HIRE and the p4411 5.-2.54Du[rihg each phasewill be responsible f6r of thd. dedo'n �prpcess,. the derMgp team �prdse_Oiting the project design to,cit� of Aspe.n5taKefioldorRY, O*ps including, -and Aspen C 'CounciFTheIrifent. of the$6.61akeh6lder-swims will be to;provide updates :and to repeivq (and 'to incorp-prale-to - th6'6xtehtposg.ible.w'thinthe Cit"-P@Itan d ObledtIiV6s)-fpedbitk�ab6utLihe- pr)jddVt,design:'Specifyih.yourproposal whatleVel'ofsketch6si.rend6riP9s, 9hitsor modeling your proposal includes!406ach.phase and'd6scNb0.'hqV-eath will be suffident for. Pretsenhition At glalc'h,Plase: 5-:2.6.6 Tild.dedign iearri,will be rqspon9Ibte,- along With, the -doniraptor 8.t R_i4k.Eihd'0wner's Agent, for preientlng,.qo4, urrientation,that suppqrt%:the,.1Qontractor'$ QMR bid for the -project to C Aspen &.226.6 Your firm:6h6ulfasdumb g6norall tbdpqngibi�fty for-itil opocts -of.-.sustaihbblb-d@;ign. -5..2.6.7 As part, ofAhe d6sigh effort, the desk tb ni Will need to On'didbrhow to apptdabh the .construction phase. 5-1.A TheselectedAirm will f be reqyir6d to QNpqpte and.perform -work subject to they attached form 'AIA'0101 f jqrv!Dmp r0efweeh th6Ownet,.a,nd:.Architect--and;theiAlAA2ol.,,2007..O&nefoI ,Conditions. Rlease make the, necesr;aFy,:tlrr.R6gemient6 with.yowr legal and insurance teamt,toi i ;accommodate thi5 -eoqdi�si.- The contract dodUrriehts. inclUded pfoVide. -a-%oili169.,IrahieWbrkfor the 6vetall project apOftchand hould'bdddhS'Iderect part of thO,scope 6f;wbrk reqqir`ed by this 'RFO'. S.2,5.9 Confidentiality r All contents d4roposalt received are in IhO,pubfiq domain and all 1mCIteqcIl is (Ikely to b'O 0UblIshdd)n r qcOrnmendatioris of award etc. .1iANY lhformat'16h PA96, )5 of 11.1 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lC10FE50 q1Y Of Aspen 'E--X1hibJt1D Old Pbw4rhiouis Project' go'cilue'sUfor, ProposalsArchil:641pbsion -Servloeis contdined-within y0ur proposal is- deerhed sensitive, or e rifideritial, pleasei indicate thib clOifly artd CoA will 'strive. to retdih thi's Cbnfjdentlality. 53 Proposal Fdr(nitt Preferred electrQnic format Is a,single -df of y6ur firm'.P complete response. The fee schedule -is-to Uploaded ata, telYaraiie documeni. $6, that the Abloctl6n borhmftt66-ffiAy`0o4t.easily, reference .6edi6ns.Ahd.pagds of th& proposal, please, number all pages and provide thb-sheets-to sep?fate.sedtiond'and prbvid-e an index or table of contents. Proposalsisubrnitted in response-tpjhis splidifiaiionare irrevocable for 60 days following thadue date of the. prqp be -extended by 9�0s, Thit; Ognp#May Oe Written agreement b6tWeen - Rgppoind66t. acid the. Q i!y%of Aspen: 5.4 9,416dtlbrGrittiriih The.CitV-reserves the-tighf.loselect..tho Off6ror-that it deems; h its.s:914 dlstrrotion. -to have presentdd -a-:0.roobtal. tKk. is -in the bbst,inteieslt-Of thd City, Evi3luation. criteria rfiziy,- ftlude, and .are not netessarlily'llmited'Aw ,Con.s0tant Team Experience -and Ca0abilities = 20% • Peoih cif tbriiii ltbpt TLA@rn, experience. and .1ca0abilitli6s, 'QuaififitAtfons offt'ConsulUinlTeam OrIn6pald; QuAkdat&g& the, oroods M C-ant;U100T6am mikMberg' Project Approach — �M/a Understanding ,of the Acopebtservices. requested; • Project m6thoO'ologyinoludirig putilic-interface; design process, quality assUrafice, con'sthjctioft appi6achbs and, pha'sing ; • behbh9tr"Atbdla"spprsivehess td City'sgo als and. vision :for'thb -Old; .PpWerhbuse; "Project Experience and Capa es • periehoe-Wiffibuilding renovations and,mo4ern.offlde.spiid9s; • -Experience wbtkiNg,-WithifTh.i'stbrtc,$iructurbg; • Experj6n6e:wofki66,Within the Rocky Mountaii . h region; • 1Ek0brN3rice*,ofkihg within-multi-md1scipliInAry site degign effdrtc'Experience working.withi'n puWicfapilitatio n- processes,, .FInJ3nqI9I-:$tqbflity &Capaqlty —IS%, • Finangit".swrION; BanNpU64, lawsuits, 1166al • .Staffcapiclti 4nd'',ability.10 ensure, that project is designed, dievelppedond g. -delivered gn'time and Within budget; .Fee PI(popsai 25% . 6'.'0 OWfitielji L569g.Age 6.1! fift6rests of.,the City of Aspen Page 16 Of " 92 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B38lClOFE60 CRY of Mpen Ih lk bit,, Old Nwerlhbuse HOJObt Request for Propqsalls - Arch11tq§cVDiBW.9nservl69S' '6.1.1. The City of Aspen reserves thp. right to reject Any, dr all Proposals.& accept what is, in- its soleiuogrnent, the Proposal Which -is. in the City's best interest. TheCity-further reserves the right; n the hest interests of the Cify, to modify this ON prows. as it sees fit or'wAiVe Any defects or.' jProposals-submitted: rrOgulatities,inphyondpli, 6.1.2 The -successful Respondent is prohibited from assj&ing:or64boontracting the -whple Or ,ahy pari of the oontract 'Without the prior written Wnsehteof thia., f5wrfor, 6'!2 Insurance 'Re luitemerits Refer to the attached.AlA B1 01 fiDnn pf -a0r;qpment between. the (.jwner and Architect and the General 66nd'tions.contract ip.ttbchfnL-nts f6r ihbUfphcd requirements. -7-.6 Ei"W6 71 Contracts AlNbibi form oUbordbroblit,b6tween the,Owner 604 Architect and the AIA A201- 20.07 00000 'c6ndifitipi. P.age.11.7 of,! h DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 AS_S_IGNIAR 1JAND CONSENT This Assignment, Consent and Amendment (this "Consent") dated for referahce purposes only, February 23, 2017, by and among Gilbert Sanchez, AIA ("Gilbert"), Studio n Architects ("STUDIO B"), and City of Aspen ("CoA"). RECITALS A. COA and STUDIO Rare parties to an Agreement Between titre Owner and Architect dated February 13, 2017, for the Old Powerhouse Project, (the "Contract"), pursuant to which STUDIO B agreed to provide design services to CoA. B. Gilbert and Studio B have amicably separated. Gilbert and STUDIO B have agreed to have Gilbert assume all rights for this Contract, and CoA wishes to consent to such assignment and -assumption; NOW, THEREFORE, In consideration of the mutually covenants and Contract set forth herein, the parties hereto, Intending to be legally bound, hereby agree as follows: 1, Cantin at n of Rrov[slons. Except as expressly setforth herein, all other terms and conditions of the Contract will remain in full force and effect. 2. ASqgnMWtgnd AS&MRtlon. A. Asslttnment. STUDIO B hereby assigns and transfers over to Gilbert all right, title, and Interest in and to the Contract and Gilbert hereby accepts such assignment and transfer, B. Assumption. Gilbert hereby agrees to be bound by all tiie terms of, and to undertake and perform all the obligations of STUDIO B contained In the Contract that requires performance after February 13, 2017. C. Consont, CoA hereby consents and agrees to the assignment to Gilbert by STUDIO B of all of STUDIO B's rights and obligations under the Contract and to the substitution of Glibert for STUDIO B as a party to the Contract. CoA specifically agrees that STUDIO B's assignment of Its rights and obligations under the Contract to Gilbert will not constitute a default under the Contract or permit cancellation of the Contract, by CoA by reason of the assignment. CoA acknowledges and agrees that, as of the Effective Date, neither CoA nor STUDIO B Is in default of any of Its obligations under the Contract. 3, Effective Date, This Consent shall become effective immediately upon full execution by CoA, STUDIO B,.and Gilbert. 4. Entire Contract, The Contact, as amended by this Consent, constitutes the complete and exclusive statement of the Contract among the parties with respect to the subject matter 84 DocuSign Envelope ID: 3FDBOD04-26CF-4348-A554-9B381C10FE50 hereof, and supersedes all prior and contemporaneous proposals and understandings, oral and written related to the sub)ect.matter contained therein, 5, Coontorearl The parties may execute this Consent In two or more counterparts (no one of which need contain the signatures of all parties), each of which will be an original and all of which together will constitute one and the salve Instrument, Facsimile, PDF, and other electronic signatures shall be deemed to be and shall be treated for all purposes as original signature pages. IN WITNESS WHEREOF, the parties have executed this Consent by their duly authorized representatives as of the date first written above, STUDIO 8 H TECTS By Scott jIn nau, Design Principal Date_ 211 j .2 P ( "+0— city of aspen By �! Jap4s True, City Attorney Date 2 t' Gilbert nchez, A gy Gilbert S nchex,;Desl flnelpal Date 85