HomeMy WebLinkAboutresolution.council.122-02
RESOLUTION #122
(Series of 2002)
A RESOLUTION APPROVING A CONtRXctBETWEEN THE CITY OF
ASPEN, COLOMbO, AND 3 'I)ESr9N~iitK1s~gttrNCrFbRTH THE
TERMS AND CONDITION"S~(}A1pIl"KJ~~f91p~~~~IIO{JSING AT
BURLINGAME PARCEL b AND AUtHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACTS
WHEREAS, there has been submitted to the City Council contracts between
the City of Aspen, Colorado, and Peter Gluck and Partners ARlCS, Inc., and the
Weitz Company and ASW Reality Partners, a copy of each contract is annexed
hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOL VEDEY THECIfYCODNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Peter Gluck and Partners ARlCS, Inc.,
and the Weitz Company and ASW Reality Partners regarding design of affordable
housing at Burlingame Parcel D, a copy of each is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contracts on behalf of the City of Aspen.
Dated: January 13,2003
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resol1,;!,tion adopted by the City
Council of the City of Aspen, Colorado, at a . I .December 1 ' 002.
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AGREEMENT FOR PROFESSIONALSERVIC:ES
This Agreement made and' entered on the date hereinafter stated, between the CITY OF
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ASPEN, Colorado, ("City") and Peter Gluck aud Partners, Architects _ ARlCS, Inc.
("Developer").
WHEREAS, Developer has submitted to the City certain Qualification Statements in accordance
with a Request for Proposals dated November 15,2002, for the Burlingame Parcel D Affordable
Housing Project; and '
WHEREAS, the City has selected Developer as one of the Qualified Development Teams
authorized to proceed to develop Conceptual Plans consistent with said Request for Proposals.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties
agree as follows: .,', '
1. Scope of Work. Developer shall perform in a competent and professional manner
the Work necessary to complete a Conceptual Plan in accordance with the directions set forth in
said Requests for Proposals (See Section VI. Conceptual Plans, a. through e., Pages 7 and 8) and
by this reference incorporated herein. Please see Exhibit "A". ' Said Conceptual Plan shall
include, at a minimum, a three dimensional model, architectural drawings (including
landscaping), a revised budget for the project and a timeline for completion of said project.
2.
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3. Completion. Developer shall commence Work immediately upon the execution
of this Agreement by the City following its approval by the Aspen City Council evidenced by a
duly adopted resolution. Developer shall complete all phases of the 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 thatall Work pursuant to this agreement shall be completed no
later than Monday, February 3, 2003, and Developer and his or her relevant Team members
shall make an oral presentation of their Conceptual Plan to the Public and City Council on
Tuesday, February 11, 2003, or such other date as directed by the City. The Mayor and City
Council are scheduled to make a decision about the chosen Development Team on Monday,
February 17, 2003. Please note, the above dates are subject to change depending on the wishes
of the Mayor and City Council.
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4. Pavrnent In considerationoftbe \l{orkperformed, City shall pay Developer the
sum of TWENTY THOUSAND:OOLLARS '($20;000.00) payable to Developer as follows:
$5,000.00 upon execution by the City of this Agreement and $15,000.00 within three (3) days of the
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date of Developer's oral presentation of its Conceptual Plan to the City. This sum shall be for the
development of a conceptual model, archit~ctural drawings (including landscaping), a revised
budget and timeline. The Developer shall be responsible for the costs associated with staff
transportation and lodging.
5. Non-Assignabilitv. Botl1p;ities reco~l~~tl1at this ~~ntract is one for professional
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if. authorized, shall not relieve the Developer of any of the
responsibilities or obligations under this agreement. Developer shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, eachofWholllshall, for this purpose be deemed to be an agent or employee
of the Developer to the extent of th~ subcontract. The City shall not be obligated to payor be liable
for payment of any sums due which may be due to any sub-contractor.
6. Termination. The Developer or the City may terminate this Agreement, without
specifYing the reason. t.herefore, by giving notice, in writing, addressed! to the other party, specifYing
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the effective date of the termmation. 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 Developer pursuant
to this Agreement shall become the property of the City. Should Developer terminate this
Agreement without proper justification, Developer shall reimburse the City the initial payment
made to Developer upon the execution of this Agreement. Notwithstanding the above, Developer
shall not be relieved of any liability to th~. City for damages sustained by the City by virtue of any
breach of this Agreement by the Developer, and the City may withhold any payments to the
Developer for the purposes of set-off until such time as the exact amount of damages due the City
from the Developer may be determined.
7. Covenant Against Contingent Fees. The Developer warrants that slhe has not
employed or retained any company or person/other than a bona fide employee working for the
Developer, to solicit or secure this contract, that slhe has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
8. Indenendent 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. Developershall 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 City. No agent,
employee, or servant of Developer 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 Developer. None of
provided by City to its employees including, but not limited to, workers' insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Developer. Developer shall be solely and entirely responsible for its acts and for the acts of
Developer's agents, employees, servants and subcontractors during the performance of this contract.
Developer shall indemnifY City agllinst 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 seclll"ity and income tax law, with respect to
Developer and/or Developer's employees engaged in the performance of the services agreed to
herein.
9. Indemnification. Developer 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, if such
injury, loss, or damage is caused in whole or in part by, or is clirimed to be caused in whole or in
part by, the act, omission, error, professional error, mistske, negligence, or other fault of the
Developer, any subcontractor of the Developer, or any officer, employee, representative, or agent of
the Developer or of any subcontractor of the Developer, or which arises out of any workmen's
compensation claim of any employee of the Developer or of any employee of any subcontractor of
the Developer. The Developer 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 Developer, 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 Developer for the portion of the judgment attributable to such act, omission, or other
fault of the City, its officers, or employees.
10. Developer's Insurance. (a) Developer 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 Developer pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Developer 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
(b) Developer shall procure and maintain, and shall cause any subcontractor of the
Developer to procure and maintain, the minimum insurance coverages listed below. Such coverages
shall be procured and maintained with forms and insurance to the ~ity. All coverages
shall be continuously maintained to cover claims, and other obligations
assumed by the Developer pursulUlt to Section 8 any claims-made the
necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
(i) Workers' ComjJensation insurance to cover imposed by
applicable laws for any employee~ngaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of TWO HUND1.tED FIFTYTHOlJSANJ)
DOLLARS ($250,000.00) for each accident, TWO HUND1.tED F1F'IY THOUSAND DOLLARs
($250,000.00) disease - policy limit, and TWO HUNDRED FIFTYTHOUSAND DOLLARS
($250,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commerdal , Gen~ro.1Liab~lity illSurance with IlliniInuw,colTIbined single
limits of FIVE HUND1.tEJ)TH()lJ~ANJ) I)()LL@~($500,OOO.00) each occurrence and
FNE HUNDRED THOUSANJ) DOtLARS ($500,000.00) 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 contain a severability of
interests provision.
(iii) Comprehensive Automobile Liability insurance. with minimum combined
single limits for b()dily injury ,and, property dlUllage of not less than FIVE HUNDRED
THOUSAND DOLLARs' ($500,000.00) each occurren~e and FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) aggregate with respect to each Developer'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 Developer has no owned
automobiles, the requirements of this S~ctionsha11 be met by each employee of the
Developer providing services to the City under this contract.
(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 Developer. No, additiopal insured. endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations.' The
Developer shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Developer's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identifY this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has
been given to the City.
( e) Failure on the part of the Developer 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 Developer to City upon
demand, or City may offset the cost of the premiums against monies due to Developer from City.
(f) City reserves. the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Govemmental1i:nIDunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
II. City's Insurance. The parties hereto understand that. the City is a member of the
Colorado Intergovemmental 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 Developer for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Developer reasonable notice of any changes in its membership or participation in
CIRSA.
12. 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.
13. 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:
PS 1-003 .doc
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City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Developer:
Street Address
City, State & Zip Code
14. Non-Discrimination, No discrimination because of race, color, creed, sex, marital
status, affectional or sexulll orientation, family responsibility, national origin, ancestry, handicap, .or
religion shall be made in the employment of persons to perform services under this contract.
Developer agrees to meet all of the requirements of City's municipal code, Section 13~98, pertaining
to non-discrimination in employmerlt. '
15. Waiver. The waiverbythe 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 fan be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall !lot constitute a waiver of any
term, covenant, or condition to be performed by Developer to which the same may apply and, until
complete performance by Developer of said term, covenant or conditioll, the City shall be entitled
to invoke any remedy available to it under this Agreement or by 11lW despite any such forbearance
or indulgence.
16. Execution of Agreement bvCitv. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized
official in his or her absence) following a Motion or Resolution ()ftheC;ouucil otthe City of Aspen
authorizing the Mayor and City Manager (or a duly authorized official in his absence) to execute the
same.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or coven!l'llts can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforce,able it sl11111 !lot aff~t. or impair the validity, legality or enforceability of any other
provision.
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(c) The parties acknowledge and understand th:at 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. .
IN WITNESS WHEREOF, fheparties hereto have executed, or caused to be executed by their dilly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
ATTESTED BY:
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By:
CITY OF ASPEN, COLORADO:
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Date:
WITNESSED BY:
DEVELOPER.:
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By. m~ ~tfL
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Date: /Jtl{" at!, 1/)1;/l/
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EXHIBIT "A"
of Work
The model and architectural drawings shall be:
2. to scale;
3. able to meet the submittal requirements for conceptual PUD plan review of the City of
Aspen Land Use Code (Section 26.445.060);
4. in compliance with the City of Aspen's Efficient Building Program and the Aspen
Affordable Housing GuidellIies; and
5. reflective or in consideration of the COWOP (Convenience and Welfare of the Public)
Task Force's recommendations approved by the Mayor and City Council. Please note,
the approved COWOP Task Force's recommendations are the base line goal for this
project. Development Teams are also encouraged to provide options -- and related cost
differences -- as they relate to a credible affordable housing project on the chosen site.
In addition, each Development Team shall:
I. estimate the 50 point cost difference from 80 mandatory green building points to
achieving 130 points (80 points are mandatory. The Mayor and City Council would like
to see the Development Teams achieve nO green building points. To do so, what will it
cost to achieve 130 points? Please consult Tab 9 in the Request for Proposals);
2. ensure staff availability for the Tuesday, February 11 (10:00 a.m. - 7:00 p.m.) and
Monday, February 17,2003 (4:00 - 9:00 p.m.);
3. confirm that the project will come in on time and on budget;
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4. submit a refilledbucigeftl1!lfihdl~d(:sgieen&~ndirigi~~hni~~es per the City's Efficient
Building Program and the recommendations of the COWOP Task Force to the Mayor and
City Council; and
5. submit a refined projecttime line that includes obtaining permits, a break ground date and
project completion forJune 1,2004 or before.
6. It is the responsibility of the Developer and/or Building Contractor to take the necessary
action to keep pace, maintllin established momentum or meet the City's established
schedule. .
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and TheWeitz Company ("Developer")..
WHEREAS, Developer has, submitted to the City certain Qualification StateI11~llts. in accordance
with a Request for Proposals dated' November 15,2002, for the BmlingameParcel D Affordable
Housing Project; and
WHEREAS, the City has sekcted Developer as one of the Qualified Development Teams
authorized to proceed to develop Conceptual Plans consistent with said Request for Proposals.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Scope of Work. Developer shall perform in a competent and professional manner
the Work necessary to complete a Conceptual Plan in accordance with the directions set forth in
said Requests for Proposals (See Section VI. Conceptual Plans, a. through e., Pages 7 and 8) and
by this reference incorporated herein. Please see Exhibit "A". Said Conceptual Plan shall
include, at a minimum, a three dimensional model, architectural drawings (including
landscaping), a revised budget for the project and a timeline for completion of said project.
2.
3. Completion. Devel9per shall commence "Work irmnediately upon the execution
of this Agreement by the City following its approval by the Aspen City Council evidenced by a
duly adopted resolution. Developer shall complete all phases of the 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 Monday, February 3, 2003; and Developer and his or her relevant Temp members
shall make an oral presentation of their Conceptual Plan to the lPublic and City Council on
Tuesday, February 11, 2003, or such other date as directed by the City. The Mayor and City
Council are scheduled to make a ~ecision about the .chosen Development Team on Monday,
February 17,2003. Please note, the above dates are subject to change depending on the wishes
of the Mayor and City Council.
4. Pavrnent. In consideration of the Work performed, City shall pay Dev.eloper the
sum of TWENTY THOUSAND DOLLARS ($20,000.00) payable to Developer as follows:
$5,000.00 upon execution by the. City of this Agreement and $15,000.00 within three (3) days of the
date of Developer's oral presentation of its Conceptual Plan to the City. This sum shall be for the
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development of a conceptual model, architectural drawings (including 'landscaping), a revised
budget and timeline. The Developer shaH be responsible for the costs associated with staff
transportation and lodging.
5. Non-Assignabilitv.Both parties recognize that this contract is one for professional
services and cannot be transferred, liSsigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Developer of any of the
responsibilities or obligations under. this agreement. Developer shaH 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 shaH, for this purpose be deemed to be an agent or employee
of the Developer to the extent of the subcontract. The City shall not be obligated to payor be liable
for payment of any sums due which may be due to any sub-contractor.
6. Termination. The Develqper or the City may terminate this Agreement, without
specifying the reason therefore, by ~iving 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 Developer pursuant
to this Agreement shaH become the property of the City. Should Developer terminate this
Agreement without proper justification, Developer shall reimburse. the City the initial payment
made to Developer upon the execution of this Agreement. Notwithstanding the above, Developer
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 Developer, and the City may. withhold any payments to the
Developer for the purposes of set-off until such time as the exact amount of damages due the City
from the Developer may be determined.
7. Covenant Against Contingent Fees. The Developer warrants that slhe has not
employed or retained any company or person, other than a bona fide employee working for the
Developer, to solicit or secure this contract, that slhe has not paid or agreed to pay any company or
person, other thana bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing. contained in this agreement shall. reslllt. in, or be. collstrued. as. establishing an
employment relationship. Developer 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 City. No agent,
employee, or servant of Developer shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested 9nly ill the results obtained under this contract. The manner
and means of conducting the work. are under the. s91e control. of Developer. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
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and unemployment insurance, are available from City to the employees, agents or servants of
Developer. Developer shall be solely and entirely responsible for its acts and for the acts of
Developer's agents, emPloyees, serval1tsal1q~~g9?J:ltrl.lCt?!"S during the performance of this contract.
Developer shall indemnify CitY aglunst allliabiHty aIld 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
Developer and/or Developer's employees engaged in the performance of the services agreed to
herein.
9. Indemnification. Developer 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 cOni1ected with this contract, if such
injury, loss, or damage is caused inwhole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Developer, any subcontractor of the Developer, or any officer, employee, representative, or agent of
the Developer or of any subcontractor of the. Developer, or which arises out of any workmen's
compensation claim of any employee of the Developer or of any employee of any subcontractor of
the Developer. The Developer 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 Developer, or at
the option of the City, agrees to pay the City or reimburse the City forthe defense costs incurred by
the. City in connection with, an):' sU9h liability,. claims, or demands. If it is determined by the fmal
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 Developer for the portion of the judgment attributable to such act, omission, or other
fault of the City, its officers, or employees.
10. Developer's Insurance. (a) Developer 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 Developer pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Developer 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) Developer shall procm:e and. maintain, and shall cause any subcontractor of the
Developer to procure and maintain, the minimum insurance coverages listed below. Such coverages
shall be procured and maintained with forms and insurance acceptable to the City. All coverages
shall be continuously maintained to cover all liability, claims, demands, and other obligations
assumed by the Developer pursuant to Section 8In the case of any claims-made policy, the
necessary retroactive dates and extended reporting pen()dsshallbe procured to maintain such
continuous coverage.
(i) Workers'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 minimwn liInits of l'WOHUNDR?D, FIFTY THOUSAND
DOLLARS ($250,000.00) for each accident, TWO HUNDRED FIFTy THOUSAND DOLLARS
($250,000.00) disease - policy limit, and TWO HUNI>:RED FIFTYTHOUSAND DOLLARS
($250,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability i~lll"~~7~thl1linil1lwn. ~?l1l!JiI1ecl single
limits, of FIVE HUNDRED . 11iOUSAND D()LL6R# ($500,obb.bb) each o~cllITence and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) 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 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 FIVE HUNI>RED
THOUSAND DOLLARS. ($500,000.00) each occurrence.. and FIVE. HUNDRED
THOUSAND DOLLARS ($500,000.00) aggregate with respect to each Developer'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 Developer has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Developer providing services to the City under this contract.
(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 insurancepool ?ftheCity, shall be excess and not contributory insurance to that
provided by Developer. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Developer shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Developer's>' .,
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be revievved andapproved by the City prior to
commencement of the contract. No other ,foI'lIl of certificate shall beUSed. The certificate shall
identifY this contract and shall provid~ that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has
been given to the City.
"
( e) Failure on the part of the Developer 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 Developer to City upon
demand, or City may offset the cost of the premiums against monies due to Developer from City.
'(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmentalhmnunity Act, Section 24-10-101 et seq., C.R.S.,as from time to
time amended, or otherwise available to City, its officers, or its employees.
II. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Developer for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Developer reasonable notice of any changes in its membership or participation in
CIRSA.
12. 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.
13. Notice. Any wnttenuotices 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: .
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City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Developer:
T+JG WG'fTz ~PA,...t'11 Ut!..
Street Address\>c&:> (0""'1"11 ~Av IS,/, $U/1Y200
City, State & Zip Code ' "L4lSr.-J..:>~,f/(1fJ6.5
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14. Non-Discrimination. Nodiscriminationbe9auseofrac~, 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.
Developer agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining
to non-discrimination in employment.
15. 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 Developer to which the same may apply and, until
complete performance by Developer 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.
16. Execution of Agreement bv City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement' shall not be binding upon the
City unless duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized
official in his or her absence) following a Motion or Resolution of the Council of the City of Aspen
authorizing the Mayor and City Manager (or a duly authorized official in his absence) to execute the
same.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can, be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b). If any of the provisions ofthis agreement shall be heldinvalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision. .
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(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 govemed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
ATTESTED BY: CITY OF ASPEN, COLORADO:
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Date: (- 7/"' OJ
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DEVEWPER:
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Title: \ILc:.E" ~Oe-l.Jf
Date: lz.fZ%z
WITNESSED BY:
PS 1-003 .doc
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EXHIBIT"A" '
Scope of Work
The model and architectural drawi~gs shall be:
2. to scale;
3. able to meet the submittal requirements for conceptual PUD plan review of the City of
Aspen Land Use Code (Section 26.445.060);
4. in compliance with the City of Aspen's Efficient Building Program and the Aspen
Affordable Housing Guidelines; and '
5. reflective or in consideration of the COWOP (Convenience and Welfare of the Public)
Task Force's recommendations approved by the Mayor and City Council. Please note,
,., the approved COWOlttask Force's recommendations are the base line goal for this
project. Development Teams are also encouraged to provide options -- and related cost
differences -- as they relate to a credible affordable housing project on the chosen site.
In addition, each Development Team' shaH:
1. estimate the 50 point cost difference from 80 mandatory green building points to
achieving 130 points (80 points are mandatory. The Mayor and City Council would like
to see the Development Teams achieve 130 green building points. To do so, what will it
cost to achieve 130 points? Please consult Tab 9 in the Request for Proposals);
2. ensure staff availabilitY for tile Tuesday, February 11 (10:00 a.m. - 7:00 p.m.) and
Monday, February 17, 2003 (4:00 - 9:00 p.m.);
3. confirm that the project will come in on time and on budget;
4. submit a refined budget that includes green building techIDquesper the City's Efficient
Building Program and the recommendations of the COWOP Task Force to the Mayor and
City Council; and .
5.
submit a refined project time line that includes obtaining permits, a break ground date and
project completion for June I, 2004 or before.
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6. It is the responsibility of the Developer and/or Building Contractor to take the necessary
action to keep pace, maintain established momentum or meet the City's established
schedule. .
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AGREEMENT FOR PR.oFESSrONAL SERVICES
/
This Agreement made and entered on the date hereil1afterstated, between the CITY OF
ASPEN, Colorado, ("City") and ASW Reality Partners, ("Developer").
WHEREAS, Developer has submitted to the City certain Qualification Statements in accordance
with a Request for Proposals dated November 15, 2002, for the Burlingame Parcel D Affordable
Housing Project; and
WHEREAS, the City has selected Developer as one of the Qualified Development Teams
authorized to proceed to deyelop Conceptual Plans consistent with said Request for Proposals.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties
agree as follows:
I. Scope of Work. Developer shall perform in a competent and professional manner
the Work necessary to complete a Conceptual Plan in accordance with the directions set forth in
said Requests for Proposals (See Section VI. Conceptual Plans, a. through e., Pages 7 and 8) and
by this reference incorporated herein. Please see Exhibit "An. Said Conceptual Plan shall
include, at a minimum, a. three. dimensional model, architectural drawings (including
landscaping), a revised budget for the project and a tirneline for completion of said project.
2.
3. Completion. Devel\>per shall commence Work immediately upon the execution
of this Agreement by the City following its approval by the Aspen City Council evidenced by a
duly adopted resolution. Developer shall complete all phases of the 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 Monday, February 3, 2003, and Developer and his or her relevant Team members
shall make an oral presentation of their Conceptual Plan to the Public and City Council on
Tuesday, February 11, 2003, or such other date as directed by the City. The Mayor and City
Council are scheduled to make a decision about the chosen Development Team on Monday,
February 17, 2003. Please note, the above dates are subject to change depending on the wishes
of the Mayor and City Council.
4. . Pavrnent. . In consid~rati?l1 of the Work performed, City shall pay Devdloper the
sum of TWENTY THOUSAND DOLLARS ($20,000.00) payable to Developer as follows:
$5,000.00 upon execution by the City of this Agreement and $15,000.00 within three (3) days of the
date of Developer's oral presentation of its Conceptual Plan to the City. This sum shall be for the
l
I
PS1-OD3.doc
Page 1
development of a conceptual model, architectural drawings (including landscaping), a revised
budget and timeline. The Developer shaU be responsible for the costs associated with staff
transportation and lodging.
5. Non-Assignability. . Both parties recognize that this contract is one for professional
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Developer of any of the
responsibilities or obligations under this agreement. Developer 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 whol11 shall, for this purpose be deemed to be an agent or employee
of the Developer to the extent of the subcontract. The City shall not be obligated to payor be liable
for payment of any sums due which may be due to any sub-contractor.,
6. Termination. The Deyeloper or the City may terminate this Agreement, without
specifying the reason therefore, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shaU be eamed 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 Developer pursuant
to this Agreement shallbecoine the property of the City. Should Developer terminate this
Agreement without proper justification, Developer shall reimburse the City the initial payment
made to Developer upon the executi()n of this Agreement. Notwithstanding the above, Developer
shall not be relieved of any liability to the City for damages sustainedbythe City by virtue of any
breach of this Agreement by the Developer, and the City may withhold any payments to the
Developer for the purposes of set-off until such time as the exact amount of damages due the City
from the Developer may be determil1ed.
7. Covenant Against Contingent Fees. The Developer warrants that slhe has not
employed or retained any company or person, other than abonafideemployee working for the
Developer, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
8. Independent Contractor Status. It is expressly aclmowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Developer 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 City. No agent,
employee, or servant of Developer 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 Developer. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
I
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Page 2
PSI-003.doc
and unemployment insurance, are available from City to the employees, agents Or servants of
Developer. Developer shall be solely and entirely responsible for its acts and for the acts of
Developer's agents, employees, servants and subcontractors during the performance of this contract.
Developer 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
Developer and/or Developer's employees engaged in the performance of the services agreed to
herein.
9. Indemnification. Developer 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, if such
injury, loss, or damage is caused in.whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Developer, any subcontractor of the Developer, or any officer, employee, representative, or agent of
the Developer or of any subcontractor of the Developer, or which arises out of any workmen's
compensation claim of any employee of the Developer or of any employee of any subcontractor of
the Developer. The Developer 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 Developer, 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 Developer for the portion of the judgment attributable to such act, omission, or other
fault of the City, its officers, or employees.
10. Developer's Insurance. (a) Developer 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 Developer pursuant to Section 8 above. Such inSurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Developer 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) Developer shall procure and maintain, and shall cause any subcontractor of the
Developer to procure and maintain, the minimum insurance coverages listed below. Such coverages
shall be procured and maintained with forms and insurance acceptable to the City. All coverages
shall be continuously maintained to cover all liability, claims, demands, and other obligations
assumed by the Developer pursuant to Section 8 above. In the case of any claims-made policy, the
PS 1-003.doc
necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
(i) Workers' 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 minimUll1. limits of TWOFfUN[)R.ED l'IFTY'IJiO{JSAl'@
DOLLARS ($250,000.00) for each accident, TWO HUNDRED FIF'TY TIIbtJSAl'@DOLLARS
($250,000.00) disease - policy limit, and TWO HUNDRED FIFTYTHOUSAND DOLLARS
($250,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) . Commercial Gener~l Li~bility insurance.with .minill1um .c?mbilledsingle
limits of FIVE HUNDRED THOUSANDDO~L~~($5bO,000.00) each occurrence and
FNE HUNDRED THOUSAND DOLLARS ($50d,060.00) 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 contain a severability of
interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property dlll1lage of not less than FNE HUNDRED
THOUSAND DOLLARS. ($500,000.00) each. occurren~e arid FNE HUNDRED
THOUSAND DOLLARS ($500,000.00) aggregate with respect to each Developer's owned,
hired and non-owned vehicles assigned to or used in perfomlance of the Scope of Work.
The policy shall contain a s~verability of interests provision. If the Developer has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Developer providing services to the City under this contract.
(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 Developer. No additional insured endorsement to the policy required above shall
c?ntain arlY exclusion for bodily injlJ!)' or property damage arising from completed operations. The
Developer shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of ins.urance provided by the City shall be completed by the Developer's
insurance agent as evidence that policies providing, the required coverages, conditions, and
.minimum limits are. in full force a:nd effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice
been given to the City.
(e) Failure on the part of the Developer to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may irnmediately 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 Developer to City upon
demand, or City may offset the cost of the premiums against monies due to Developer from City.
(f) City reserves the right to request and receive a certifit':d copy of any policy and any
endorsement thereto.
(g) The parties hereto understand andagree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-IO-IQ]etseq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
II. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Developer for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Developer reasonable notice of any changes in its membership or participation in
CIRSA.
12. Completeness of Agreement. 'It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subj ect 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.
13. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Developer:
14. Non-Discrimination... 'No discrimination because ~frace, color, creed, sex, marital
status, affectional or sexual orientagon, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Developer agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining
to non-discrimination in employment.
15. 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 Developer to which the same may apply and, until
complete performance by Developer of said term, COVellant 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.
16. Execution of Aln"eement bv City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary cqntained herein, this agreement shall not be binding upon the
City unless dilly executed by the.. City Manager or Mayor of the City of Aspen (or a duly authorized
official in his or her absence) following a Motion or Resolution of the COuncil of the City of Aspen
authorizing the Mayor and City Manager (or a duly authorized official in his absence) to execute the
same.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated qr amended, waived,
superseded or extended except by appropriate wri,tteIl in.,. struJn~!1~ fully executed by the parties.
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(b) If any of the provisions of this agreement shaH be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality orenforcealJility of other
provision.
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(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.
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IN WITNESS WHEREOF,' the 'plll"tieshereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
ATTESTED BY: CITY OF ASPEN, COLORADO:
~/~BY. ~(r/~
. Title: u-4 /-7 ~P'1- .
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Date:
WITNESSED BY:
DEVELOPER:
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Title:
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EXHIBIT "A"
Scope of Work
The model and architectural drawings shall be:
2. to scale;
3. able to meet the submittal requirei11ents for conceptual PUD plan review of the City of
Aspen Land Use Code (Section26.445.060); ,
4. in compliance with the City of Aspen's Efficient Building Program and the Aspen
Affordable Housing Guidelines; and
5. reflective or in consideration of the COWOP (Convenience and Welfare of the Public)
Task Force's recommendations approved by the Mayor and City Council. Please note,
the approved COWOP TaskForce's recommendations are the base line goal for this
project. Development Teams are also encouraged to provide options -- and related cost
differences -- as they relate to a credible affordable housing project on the chosen site.
In addition, each Development Team. shall:
I. estimate the 50 point cost difference from 80 mandatory green building points to
achieving 130 points (80 points are mandatory.' The Mayor and City Council would like
to see the Development Teams achieve 130 green building points. To do so, what will it
cost to achieve 130 points? Please consult Tab 9 in the Request for Proposals);
2.
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ensure staff availability for the Tuesday, February 11 (10:00 a.m. - 7:00 p.m.) and
Monday, February 17, 2003 (4:00 - 9:00 p.m.);
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3. confirm that the project will come in on time and on budget;
4. submit a refined budget that includes green building techniques per the City's Efficient
Building Program and the recommendations of the COWOP Task Force to the Mayor and
City Council; and
5. submit a refined project time line that includes obtaining permits, a break ground date and
project completion for June 1, 2004 or before. .
6. It is the responsibility of the beveioper and/or Building contractor to take the necessary
, action to keep pace, maintain established momentum or meet the City's established
schedule.
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