HomeMy WebLinkAboutresolution.council.104-23RESOLUTION # 104
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN
THE CITY OF ASPEN AND HARRY TEAGUE ARCHITECTS
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract change
order for professional architectural services, between the City of Aspen and Harry
Teague Architects, a true and accurate copy of which is attached hereto as Exhibit
LL A 99,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
Change Order 01 for, Red Brick Arts Public Gallery and Corridor Design
Improvements project between the City of Aspen and Harry Teague Architects, a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said contract change order agreement on
behalf of the City of Aspen.
INTRODUCED, RE AND ADOPTED by the City Council of the City of
Aspen on the4MA-day of 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, July 11, 2023.
c" r
Nicole Henning, City Clerk
UUUUJIIJ.II C11vulupt71U. CULUJ4UJ-UW IU-+4ur-5! IC-LUC:JLyyU'FUl,lr
ATT(]cnmenT A- I
Change Order Form Revision 12/08/2021
CITY OFASPEN
General Information
Vendor
Change Order Number
Date of Issuance
Project Name
Project Number
Project Completion Date
Project Manager
COA Account Code
Project Information
Description Of Service
Description Of Change
Order
Change Order Form
}-tarry Teague Architects (HTA)
01
June 28, 2023
Professional Design Services -Red Brick Center for the Arts
Interior Improvements
2021-247
January 30, 2023
Scott Chism
120.552.81200.57310.51363
Complete Design Development, detailed Construction
Documentation and Construction Administration services for
proposed corridor, gallery, art classroom, lighting and public
restroom improvements, following completion of Conceptual
and Schematic project documentation. Complete restroom
architectural design and documentation for renovated 'Grass
Roots TV/North Hall' public restrooms. Complete project
documentation appropriate for building permit submission for
all proposed facility improvements. Coordinate with General
Contractor and subcontractors throughout all phases of project
development, including construction to ensure design integrity
and value to the City.
The added scope of work includes Design Development,
Construction Documentation and Construction Administration
services by HTA to prepare complete project documentation and
project construction support. Construction documentation will
include complete construction details, plans and specifications
for corridor gallery, art classroom, lighting and public restroom
improvements. Construction documentation will also
encompass improvements to the 'Grassroots TV/North Hall'
public restrooms, added scope of work by the City to meet
public and tenant needs. A detailed proposed fee summary of
added professional architectural services is attached. Work
1 of 2
UUVUJIIJ.II CIIVCIupu IU. CULUJ'FVJ'UV IVWL"Jr-zy! IC-LUC:JLy.7VYVVlr
Change Order Form Revision 12/08/2021
schedule is being extended to accommodate the expanded
scope of services.
Contract Information
Original Contract Amount
$50,000 T
Previous Change Order(s)
$0.00
Change Order Amount
$124,500
(If Over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount
; $174,500
(Including All Change
Orders)
Revised Completion Date
December 29, 2023
Signature
1.
Contractor (Required)
2.
Project Manager
all
(Required)
3.
Department Head
(Required)
4.
Procurement Officer
E
(Required)
d8fiF786D8A5BR�e6...
5.
City Attorney (Required
DocuSigned by:
Based On Value Of
,�AAUS -ram
Thresholds)
432FOAe0A55C4BD. .
6.
City Manager (Required
by:
Based On Value Of
EDOcuftned
ara G IV
Thresholds)
2DA4D214EE1942B .
C'e/3o/
7/3/2023 1 11:0:35 AM MDT
I
i
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).
Page 2 of 2
LJUUUC)1y1I CI Ivtnupt1 ILJ. CULU:JYVJ-Vw I VWL:Jr-.'7 I IC-LUCJLy.7V4VlJ�+
Attacnment A-1
HARRY TEAGUE ARCHITECTS 129 emma road suite a basalt co 81621 t 970 927 4062 f 970 927 4e92 info@teaguearch.com
Date: 06.13.2023
From: HTA Robert Thorpe
To: Red Brick Center for the Arts - Team and Owners
Re: PROFESSIONAL DESIGN SERVICES — RED BRICK CENTER FOR THE
ARTS INTERIOR IMPROVEMENTS CONTRACT CHANGE ORDER 01
4. DESIGN DEVELOPMENT - 30000
• Review unresolved issues on Schematic Design documents.
Update and distribute project directory.
• As documents develop, confer with, and obtain preliminary
review from regulatory agencies such as:
Building department
Fire marshal (state & local)
• Re -check Schematic Design documents for code compliance.
• Define actual occupancy for each area, check against program. [Occupancy and Use?]
• Prepare other necessary documents to include: plans, elevations, sections, schedules,
and notes. The DD Set
• Prepare a preliminary Project Manual.
• Update materials, equipment, fixtures and building systems documentation.
• Interior finishes and color selections materials samples / specs / mockups
• Direct sub -consultants to prepare design documents as required to illustrate and describe
their portions of the project.
• Submit Design Development documents.
• Obtain Owner's written approval of Design Development documents.
5. CONSTRUCTION DOCUMENTATION - 50000
• Review unresolved issues on the Design Development checklist.
• As documents develop, confer with, and obtain further review from regulatory agencies
such as:
Building department
Fire marshal (state & local)
Other: Signage in collaboration W/ Monoco Signs
• Check with the applicable regulatory agencies and establish schedule for submission
and/or review.
• Coordinate drawings with Project Manual.
• Complete construction documentation for "Grass Roots TV / NORTH HALL public
restrooms.
• COORDINATE with CONSTRUCTION MANAGER / GENERAL CONTRACTOR
• Re -check Design Development documents for code compliance.
• Develop a list of required drawings; check requirements of the Owner and City of Aspen
governing bodies.
• Develop format for door, window, and finish schedules.
• Establish a checklist and timetable for the client's applications for approvals and permits
from City of Aspen Building Department.
113
L/UI:UJIIy.II CIIvt11UpC IL7. CULL/J•FU:7-U.71U�4L"Jr-.7/ IC-LUC:7Ly.7VYVlJIr
HARRY TEAGUE ARCHITECTS 129 emma road suite a basalt co 81621 t 970 927 AB62 f 970 927 4892 info@teaguearch.com
• Submit copies of General and Supplementary Conditions for Owner's review, or obtain
Owner's specific contract requirements.
• Assemble final drawings and specifications for coordination.
• Conduct team meetings to resolve coordination issues.
■ Revise documents as required.
• If project will be bid, assemble bidding documents.
• Submit drawings, Project Manual, and area calculations to the Owner.
• Review list of potential bidders with the Owner.
• Assist Owner and Contractor in filing documents for final approvals and permits.
7. CONSTRUCTION ADMINISTRATION - 44500
• Review unresolved issues from Bidding or Negotiation phase.
• Update project directory.
• Review and update project schedule.
• Develop and implement a system of routing and distribution for project correspondence
and submittals.
• Attendance at meetings from Design Development through design completion, then
weekly OAC meetings through project construction completion.
■ Create construction contract administration files to include:
Correspondence and meeting reports
Schedules
Field reports
Project photography
Phonelog
Requests for Information (RFIs)
Assist the Owner in Review and Analysis of General Contractors' Cost and Scope
of Work Proposals
Construction Change Directives (CCDs)
Supplemental instructions
Quality control reports
Submittals
Agency inspections, permits and approvals
Owner -Architect agreement
Owner -Contractor agreement(s)
Consultant agreement(s)
Schedule of Values
Observations of contractor performance
Project close-out
Assign contract administration and site observation responsibilities.
• With the Owner, review and approve or take other appropriate action on Contractor's list of
subcontractors and suppliers.
■ Obtain and review Contractor's submittal schedule.
• Establish a time for the preconstruction meeting.
• Establish site observation and project meeting schedules; coordinate with agency
inspection requirements.
• Review construction budget (including contingencies) with the Owner.
■ Review Owner -supplied labor and materials.
• Keep Owner informed on the progress of the work. Prepare a field report for each visit to
the site.
• Obtain and review the Contractor's updated progress schedule and advise the Owner of
potential revisions to anticipated occupancy date.
213
UUUU01yiI CIIvtl1UF/C IL). CULU:YfUJ-VV IU-+/_Ur-.7! IC-LUCJLyJU�4Ul,l�
HARRY TEAGUE ARCHITECTS 129 emma road suite a basalt co 81621 t 970 927.4662 f 970 927 4892 info@teaguearch.com
• Prior to the first application for payment, receive, review and approve, if appropriate,
Contractor's schedule of values.
• Receive and review the Contractor's applications for payment; respond appropriately.
■ Verify requirements, if any, for reduction in retainage and have Contractor submit consent
of surety documentation.
• List tests required for the project and note their approximate dates in accordance with
current construction schedule.
• Obtain and review required test reports.
Receive submittals; review, take appropriate action, and return to the Contractor.
• Maintain submittal log.
• Review Contractor's proposed cost for changes and respond appropriately.
• Receive from the Contractor notification of substantial completion and list of items to be
completed or corrected.
• Inspect the project to confirm substantial completion.
• Respond to the Contractor's punch list of remaining work to be repaired or completed.
• If applicable, review Contractor's request for a reduction of retainage.
• When the project is judged to be substantially complete, prepare a Certificate of
Substantial Completion.
• If reproducible record drawings are required, provide the Contractor with appropriate
media.
• Request that the Contractor submit project close-out documents. Review the close-out
submittals for completeness.
• Verify that the Contractor has obtained a certificate of occupancy.
• Review the Contractor's request for final inspection and conduct a field inspection of the
project to confirm completion.
• Prepare a final field inspection report.
• Review the Contractor's application for final payment, including required attachments
such as waivers of lien and consent of surety documentation.
• Issue a final certificate for payment.
• Archive project information and materials according to type; indicate duration for archival
retention (prior to discard).
• Prior to expiration of the one-year period of corrections, obtain the Owner's authorization
to conduct an inspection to determine if any work is required by the Contractor to remedy
defects.
313
UUUU01YII CI lvwu is ILi. CVLU"J'FV:YUy IU-44ur—WI IC—LUC:1LJyV4Ul,l'
HARRY TEAGUE ARCH ITECTS 129 Lima road suite a basalt co 81621 t 970 427 4967 t 970 427 4892 ;iifo@teaguear�cli.com
EXHIBIT A-1
2023 HTA Rate Schedule
Category Biltin Rate
Principal
$254.00
Senior Project Manager
$187.00
Project Architect/Manager
$156.00
Architect V
$143.00
Architect IV
$130.00
Architect III
$118.00
Architect II
$111.00
Architect I
$103.00
Master Designer
$130.00
Senior Designer
$117.00
Designer IV
$106.00
Designer III
$100.00
Designer II
$94.00
Designer I
$79.00
Intern
$67.00
Administrator
$74.00
UUI:U01Y1I CIIV coupe; IU. CUL U:.INUJ-uu IU�TLJr'.7/ IC-LUC:JL.7yU•FUI..IJ
RESOLUTION #082
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND HARRY TEAGUE ARCHITECTS AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WI -AREAS, there has been submitted to the City Council a contract for
professional architectural services, between the City of Aspen and Harry Teague
Architects, a true and accurate copy of which is attached hereto as Exhibit " A ";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for, Red Brick Arts Public Gallery and Corridor Design Improvements project
between the City of Aspen and Harry Teague Architects a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, RE D AND ADOPTED
Aspen on the day o 2022.
Torre, Mayor
by the City Council of the City of
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resole ion adopted by the City Council
of the City of Aspen, Colorado, at a meeting hel 17,11t 2022.
c�
Nicole Henning, City Otk
UUUUc)lylI CI IVCIUPV IU. CU4UJ'4UJ-VU IU'4L"Jr--y/ IC-LUCJLyyU'FUl,li
DocuSign Envelope ID: 4BC64762-1 B3F-426B-BAD7-C7F3C341ICBE
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2021-247.
AGREEMENT made this 25th day of May, in the year 2022.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Harry Teague Architects
c/o Harry Teague
129 Emma Road, Suite A
Basalt, CO 81621
Phone: (970)-927-4862
For the Following Project:
Contract Amount:
Total: $50,000
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Abnroyal:
Date:
Resolution No.:
Professional Design Services - Red Brick Center for the Arts Interior Improvements
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
Agreement Professional Services Page 0
VUI:u Jlyll Cllvtllupti ILJ. IC-4urzuevuu,+ul,\i
DocuSign Envelope ID: 4BC64752-183F-4288-8AD7-C7F3C3411CBE
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Common. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed .from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
1aMia3 : M 2023. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Pa ent. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount -set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent ofthe other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
Agreement Professional Services Page 1
L/UUUJIIJ.II CI IVCIUFIC I✓. CUL✓:JYUJ-UZP IU-4/ur-uI IC-L✓CJL.7yU'4VlJl+
DocuSign Envelope ID: 4BC64752-183F-4268-8AD7-C7F3C341 1 CBE
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None ofthe benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. if it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
Ali coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. in the case of any
Agreement Professional Services Page 2
L/UVUJII!.II C11v GIUpC IV. CULUU,+UV-VZ2 IU-iLJr-Ul IC-LV CVL�yVYVIJV
DocuSign Envelope ID: 4BC64752-183F-4268-BAD7-C7F3C3411CBE
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1, 000, 000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
Agreement Professional Services Page 3
L/UUU01 II CI IVCIUpC IU. CU4UU,+UU-V.'7IU-4L"Jr-zy! IC-LUCULtlyVYVlrI+
DocuSign Envelope ID: 4BC64752-183F-4268-8AD7-C7F3C3411 CBE
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$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 etseq.,
C.R.S.. as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
Agreement Professional Services Page 4
UUL;UJllylI CIIVCIUpu IU. CULLJ:J'FUU-Uv IU-iL"Jr-7! IC-LUCJL�yV4Ul.l�
DocuSign Envelope ID: 4BC64752-183F-4268-8AD7-C7F3C3411CBE
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited — CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(I1I) as it relates to the employment of and contracting with a "worker without
authorization" which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. 'Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. "Worker without authorization" means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
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
Agreement Professional Services Page 5
LIUUU01 11 CIIVCIURC IU. CULIJU.+U:)-UU 1U--+4"Jr-.'71 IC-LUCUL.77V'FUI.I,
DocuSign Envelope ID: 4BC64752-183F4268-8AD7-C7F3C341 1 CBE
2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. 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.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant's violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
Agreement Professional Services Page 6
LJUUU01 II CIIvulupu IU. CU4LJU'FUU-U.7 I U-44Ur-uI I C-LIJCULyyU•IUI.IJ
DocuSign Envelope ID: 4BC64752-183F-4268-8AD7-C7F3C341 1 CBE
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund A vai labi i i tv. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
rcprescntations or covenants can be modified, changed, terminated of amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
Agreement Professional Services Page 7
UUL;U01 II CIIvuluptl ILJ. CULVUVUU-Uw I U-•iLJr-u I IC-LUC:7LJ�V'iVVI,
DocuSign Envelope ID: 4BC64752-183F-4268-8AD7-C7F3C341 1 CBE
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fecs.
23. Waiver of Presum tion. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24. Certification Re ardinp Debarment Sus ension. Ineligibility. and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
Agreement Professional Services Page 8
UUUUJHJ.II CI IVCIUFIC IL). CV4LJU'4UV-UV IU-+e-ur-.7! I C-LL/CVLyyV•IU%_A'
DocuSign Envelope ID: 4BC64752-1BV-4268-BAD7-C7FX3411CBE
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the -purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF 7W6V,,g,%PRADO:
[Signature]
By: Sara Ott
[Name]
Title: city Manager
Date: 7/15/2022 1 4:36:52 PM PDT
Approve as to Form:
DoauBlpnptl by.
imu
ThAl
City Attorme%-
PROFESSIONAL:
0aw0Ipne by:
[Signature]
By: Henry B. Teague
[Name]
Title: president
Date: 6/10/2022 1 9:42:11 AM PDT
General Conditions and Special Conditions can be found on City
of Aspen Website.
htt2s://www.cityofaspen.com/497/Purchasing
Agreement Professional Services Page 9
UUVU01YII CITvUlu IC IU. CULUU"FUU-VV IU-4Zur-ul IC-LVCUL.7yU'FUl•li
Exhibit A
HTA!S
APPROACH TO PROJECT.
SCOPE OF WORK
As with pretty much all of our projects,
Harry Teague Architects will begin with
a research and discovery phase. This
phase will begin with the following:
HTA would initiate and preside
over interviews, and stakeholder
meetings with staff and users to
establish, prioritize and define
programmatic objectives. These
meetings will focus on the scope
items defined in the RFP, but HTA
would certainly encourage that
some time in these meetings be
devoted to longer range thinking.
• Begin the process of establishing
all codes and regulations that may
apply: zoning, building codes,
signage, and unique requirements
related to the building's historical
status. This process will likely
require meeting with town officials.
Locate, acquire, and assemble
relevant documents of existing
conditions for review, coordination
and verification.
• Detailed observation and recording of existing
conditions that relate to the various scope items
and to ideas and concepts that may emerge from
interviews and stakeholder meetings.
At the conclusion of this phase, HTA will review with
Ownership the qualitative and quantitative program
that emerges for compatibility with overall objectives
and potential budget expectations. Because this
project involves remodeling which is notoriously difficult
to estimate, and no contractor will yet have been
engaged, this exercise will be at the most rough level,
but useful no doubt in shaping the future course of
action.
HTA will then produce and present conceptual
designs for review, comment until eventual approval
for each of the tasks outlined in the RFP Scope of
Work 3.0 and the Program that has emerged from the
discovery and research phase.
Because cost and disruption schedule will no doubt
be of primary consideration, HTA highly recommends
the engagement of a contractor at this point on a pro
rata basis who is familiar with remodeling in Aspen
and the tasks associated with this project. It would
be understood that this contractor would not be
guaranteed the work, but it has proved most efficient
and ultimately cost effective to have this input during
the design process. If the contractor were not to be
eventually hired, they would be compensated for their
work on an hourly basis. The subcontracting would, in
any case, eventually be bid competitively. We do have
at least one contractor in mind who has the appropriate
experience.
With the Conceptual Design approved for all or
part of the work, HTA would then proceed with Basic
Architectural Services (Schematic Design, Design
Development, and Construction Documents) as
described in 3.0 Scope of Work. Should there be
unique Code considerations that emerge, HTA would,
with Ownership approval engage a professional code
consultant whom we use regularly. Budget will be
reviewed for status at the end of each architectural
phase before proceeding to the next phase to the
extent possible. It may be that schedule will dictate
that individual parts of the scope proceed at different
rates. In any case, HTA anticipates working with the
contractor to keep a budget status log up to date
and inform Ownership on a regular basis at regularly
scheduled Owner, Architect & Contractor (OAC)
meetings for the duration of the project.
VUUU01YII CI Ivulu to ILJ. CU4LJU-+UU-Uv IU-44ur-S/ IC-LUCULyyU'TUvI.-
Exhibit B
Section
6,
Fee Proposal & Schedule
VUVUJIYII CI IvulupC IL-J. CULUJ'4UJ-U7 IU-iL"Jr-z7r IC-LUCJL.7.7V'FUl.rl.i
Fee Proposal & Schedule
The Red Brick Center for the Arts.
FEE PROPOSAL
To be clear, it is difficult for Harry Teague Architects to make a fee
commitment at this time, as there seems to be a number of factors that
have yet to be resolved. These are factors that will affect the ultimate
budget and scope of work. In addition to the surprises that inevitably
occur with remodel projects that make budgeting and planning difficult.
Stakeholder involvement is mentioned in several places in the RFP. We
at HTA enthusiastically embrace and support this critical step in the
design process, but the outcome of this engagement may significantly
affect the direction, difficulty, budget... ultimately the concepts, design,
and amount of our architectural involvement.
That said, we anticipate the fee required to complete the tasks as
described in the RFP to be in the range of $50,000 to $70,000 with our
consultants included. We propose that a healthy way to proceed would
be to begin with a fee for the initial research and discovery phase:
initialing and evaluating the stakeholder meetings, assembling drawings
and information about the existing conditions and covenants, conditions,
and restrictions (CC& Rs), examining and assessing the existing building,
and, as part of the engagement process, presenting some Initial
concepts for each of the various tasks outlined in the RFP for evaluation
and response with respect to effect, cost, and schedule. For this work we
propose a fee or $20,000. Completing this step will give us a better idea
of the actual scope of the Architectural Service required and a basis on
which to base appropriate compensation. We have attached on this page
a rate schedule for work not included in the proscribed scope of services
we agree upon.
Scheduling at this point presents similar challenges. We propose the
schedule below as a starting point, and to illustrate our process and
format. As with budget and fee, the schedule will become more reliable
as the details of scope and design emerge.
2022 HTA Rate Schedule
Category
Principal
Senior Project Manager
Project Arch itectlManager
Architect V
Architect IV
Architect III
Architect II
Architect I
Master Designer
Senior Designer
Designer IV
Designer III
Designer II
Designer I
Intern
Administrator
Billing Rate
$231.00
$170.00
$142.00
$130.00
$118.00
$107.00
$101.00
$ 94.00
$118.00
$107.00
$ 97.00
$ 91.00
$ 85.00
$ 72.00
$ 61.00
$ 55.00
UUUUJIgII CIIVtlIL)yv IU. CULUU•4UU-UJ IU-'4L"Jr-v/ IC-LUC:JL.7JU4Ulil.r
Fee Proposal & Schedule
The Red Brick Center for the Arts.
SCHEDULE