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HomeMy WebLinkAboutresolution.council.041-93 .. ,1tP ~ \\ ...\\.;... re J. RESOLUTION NO. 11 Series of 1993 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN PEMBER + REiD ARCHITECTS, INC. AND THE CITY OF ASPEN, COLORADO, FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO THE ASPEN ARTS AND RECREATION CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAiD AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional servIces agreement between Pember + Reid Architects, Inc. and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that professional services agreement between Pember + Reid Architects, Inc. and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the -d- day of ~.J" , 1993. t/ ~ 7. I.-:;;~ John S. Bennett, Mayor I, Kathryn S. Koch, 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 on the day hereinabove stated. ~c~~~ pember.res tit fA '. . AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Pember + Reid Architects, Inc., Colorado ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner those phases of the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein and in the City's Standard Terms and Conditions and which are identified by the City in one or more Notice's to Proceed issued by the City. Professional acknowledges that the City may not require Professional to perform all of the phases set forth in the Scope of Work in the event that City chooses not to complete the project at the completion of any particular phase. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete such phase(s) of the Scope of Work identified in the Notice to Proceed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. Upon request of the City, 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. Payment. In consideration of the work performed, City shall pay Professional for Basic Services, Additional Services and Reimbursable Expenses amounts not to exceed those set forth in Professional's Fee Proposal attached hereto as Exhibit "B" and by this reference incorporated herein. Progress payments for Basic Services, Additional Services and Reimburs- able Expenses for each phase shall be paid to Professional as set forth in the Fee Proposal, Exhibit "B". For Reimbursable Expenses as described in the City's Standard Terms and Conditions, the actual expenses incurred by the Professional, the Professional's employees and consultants in the interests of the Project. Professional agrees to submit, in timely fashion, invoices which shall include a brief description of the work performed, the hours worked for the Project, the total hours worked during the month, and the total amount charged for the month. Professional acknowledges that the City may not require Professional to perform all of the phases of the Project as set forth in the attached Scope of Work and that payment to Professional shall be as set forth in the Fee Schedule for the phases of work authorized by the City by way of one or more Notices to Proceed during the course of the Project. 4. Non-Assignability. Both parties recognize that this contract is one for personal 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 Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely &8.' \\l ~\.". <It e. ',', , ~< '~ 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 payor be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be 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 shall become the property of the City. The Professional may retain original drawings but shall provide reproducible copies of such drawings to 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. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not been employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For a breach or violation of this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 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 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 of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of 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, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injllry, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, 2 f..' \\ '1.\,,, ~ 'WI' e, t' il; ,~ which arise out of or are in any manner connected with this contract, if such injury, loss,or damage is caused by any negligent act, omission, error, professional error, mistake, 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 outof 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. The Professional also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the finaljudgment 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, atits 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 6 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure <ir 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. All 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 claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed. by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU.. SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form 3 ~, s. <It ~.,; '~~ 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 SIX HUNDRED THOUSAND DOLLARS ($600,000.00) each occurrence and SIX HUNDRED THOUSAND DOLLARS ($600,000.00) 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. Ifthe 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000) each claim and FIVE HUNDRED THOUSAND DOLLARS ($500,000) 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 by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, 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 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 proc/lre 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. (I) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 4 .' xl ,: , '~, e - (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 Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. 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 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. This agreement shall consist of the exhibits appended hereto and the following documents which by this reference are incorporated herein as if fully set forth here: Request for Proposals, Instructions to Offerors, City of Aspen General Conditions for Professional Services, Supplemental Conditions, Proposal Documents, Drawings, and Technical Specifications. 12. 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: Amy Margerum, City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Willis Pember, Corp. President Pember + Reid Architects, Inc. P.O. Box 1303 Aspen, Colorado 81611 13. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, 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 performance by Professional of said term, covenant or condition, 5 e, it 0; 'I, - 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. Notwith- standing 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. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: t/2 ~ /'77 ~ ~ ATTESTED BY: CITY OF ASPEN, COLORADO: . ~,d~ B,aoLtflr 6 . APPROVED AS TO FORM BY: ~. \\. . (~I/'/6L'~ I WITNESSED BY: PROFESSIONAL: .0 E,,.-1 ''7 C7J... T ,/2.. r.:: 10 /./;1! C i'1- r /"7::'c 7f') / N c- 0 / / By: \J[,r1 ~ r~-1-j\ !~ , , f1~U--f L-t{J/lA/( 0 7 @.'It'.. ~. (}'" tA.. '. .~ '\~ ........'..,...'"""..,.',._-",,,,,,.',, EXHIBIT "A" SCOPE OF WORK The Basic Services of the Architect shall include all services necessary to complete in a competent and professional manner the Work described in the Offeror's Proposal, the City's Request for Proposals, Additional Instructions to Offerors and the following description of Basic Services in order to complete the renovation of the Red Brick School Building. The Basic Services of the Architect shall include the following phases as described in the City's Standard Terms and Conditions for Professional Architectural Services Contracts, as amended herein: 1. Schematic Design Phase. The Architect shall be required to submit a Statement of Probable Construction Cost during this phase and shall be required to submit its Schematic Designs to City Council for its review and approval. The Architect shall provide services for programming tenant space in preparation for schematic design. 2. Design Development Phase. The Architect shall be required during this phase to submit its Design Development Documents to City Council for its review and approval. 3. Construction Document Phase. The Architect shall work closely with City Attorney's Office during this phase to coordinate the drafting of any additional legal documents requisite to be included as part of the construction Contract Documents. Structural, electrical, and mechanical design and engineering must be stamped by a professional engineer registered in the State of Colorado. As built drawings of the existing building including structural, mechanical and electrical systems shall be submitted to the City by the Architect during this phase. The Architect shall provide detailed estimates of construction costs, analyses of owning and operating costs with comparison to energy alternatives and conservation. 4. Bidding and Negotiation Phase. Architect shall be required to assist the City's Project Engineers in evaluating construction bids. 5. Construction Phase - Administration of the Construction Contract. The Architect shall be responsible for assisting in the approval and monitoring of the Contractor's Construction schedule. The Architect shall prepare a set. of reproducible record drawings showing significant changes in the work made during the construction, based on marked-up prints, drawings and other data furnished by the Contractors to the City. EXHIBIT "B" . Fee Proposal Ie" 'l\. \4 ~ ~a, '. Following are the fee proposals1 for both options and additional services: OPTION "N' and OPTION "B": a. Preparation of Existing Building As-Built Drawings for Schematic Design6: $1,200.00 One thousand two hundred dollars estimated time:5 (1) one week b. Programming Tenant Space:2 $1,000.00 One thousand dollars estimated time: (6) six weeks c. Schematic Design Phase: $13,000.00 including Statement of Probable Construction Cost Thirteen thousand dollars estimated time: (6) six weeks d. Design Development Phase: $9,750.00 Nine thousand seven hundred fifty dollars estimated time: (5) five weeks e. Construction Documents Phase: $22,750.00 including completion of Existing Building As-Built Drawings Twenty two thousand seven hundred and fifty dollars estimated time: (9) nine weeks f. Bidding and Negotiation Phase: $6,500.00 Six thousand five hundred dollars g. Construction Administration Phase $16,250.00 Sixteen thousand two hundred and fifty dollars estimated time: supervision would take place throughout the duration of construction. g. Estimated Reimbursable Expenses:3 $3,000.00 Three thousand dollars for footnotes see next page ,. '. e (11 Footnotes: 1. All amounts listed above are lump sums based on a 6.5% fee for a construction cost of one million dollars. If the construction cost changes, the fee will change relative to the construction cost. The above lump sum figures include the fees to be paid to consultants hired by Pember + Reid Architects and Glenn Rappaport, Architect. These consultants include: Structural Engineer, Mechanical and Electrical Engineer, and the Consultant Contractor. 2. The programming phase is based on an estimate of three (3) meetings for completion of this phase. Any substantial increase in this amount will be considered an additional service and will be billed at an hourly rate of $50.00 per hour. 3. Estimated reimbursable expenses are for Pember + Reid Architects and Glenn Rappaport, Architect only. Reimbursables for consultants such as Structural Engineer, Mechanical and Electrical Engineer and Consultant Contractor, are not included in this figure. 4. Any additional services not described above, and not included under basic services as defined by the contract, and requested by the client, will be billed at an hourly rate of $50.00 per hour. Consultant additional services will be billed at a rate to be determined by the individual consultant. 5. All estimated time periods are based on the smooth progress of the job. Assuming timely decision making on the part of the client and the users. 6. These drawings will consist of; plan drawings showing all existing exterior and interior walls, section drawings as required to describe the main portions of the building, and indications of key building elements, such as electrical panels and boilers etc. In addition, Mechanical, Electrical and Structural information will be provided as required for a competent assessment of the building. All information on the existing location of the building on the site and the existing physical characteristics of the site, will be provided by the City. ~.,'~ \,;, \)"" (a, " ~.f I\:, "\,. THE CITY OF ASPEN SUPPLEMENTARY CONDITIONS TO STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES AGREEMENT WITH PEMBER + REID ARCHITECTS, INC. These Supplementary Conditions amend the Standard General Conditions for Professional Services Agreement Between the City of Aspen and Pember + Reid Architects, Inc. for the Renovation of the Aspen Arts and Recreation Center. Article 2 of the Standard Terms and Conditions is hereby amended by the addition of \he following sections: 2.13 The City shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjoining drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a Project benchmark. 2.14 The City shall furnish the services of geotechnical engineers when such services are requested by the Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 2.15 The City shall furnish chemical, air and water pollution tests, test for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 2.16 The services, information, surveys and reports required by Paragraphs 2.13, 2.14, and 2.15 shall be furnished at City's expense, and the Professional shall be entitled to reasonably rely upon the accuracy and completeness thereof. It" t, " ~ ' tzt e ,~.. . .. --.- - THE CITY OF ASPEN OFFICE OF THE CITY ATTORNEY June 10, 1993 Willis Pember Pember t Reid Architects, Inc. ' P.O. Box 1303 Aspen, Colorado 81611 Re: Aspen Arts and Recreation Center Project - Notice of Award Dear Willis: This is to inform you that following the opening of proposals for the above referenced project, all proposals received were evaluated' in accordance with the criteria set forth in the Request for Proposals and a determination was made that your offer was the most responsive to the City's requirements. Accordi!1g1y, the City of Aspen hereby accepts your proposal to perform the work outlined in the proposal documents for a total amount not to exceed Seventy Three Thousand Pour Hundred Pifty Dollars ($73,450.00), subject to approval by the' City Council of the City of Aspen. As you know, this contract amount is the maximum contract amount in the event that yoyr firm will be asked to perform all phases of the project. As we discussed and as. the Agreement states, the City shall have the option of asking your firm to perform' one or more' phases of the project. Payment shall be based on the phases that are actually performed. The City will notify you of the phases it wishes to have performed via formal written Notices to Proceed. This contract will be presented to the City Council for their approval on June 14, 1993. Your attendance at this meeting is not necessary although you are certainly we1cometo attend. ., In accordance with the provisio.ns set forth in the Contract Documents, you must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award, that is by 12:00 noon, June 24, 1993: L You must deliver to the City of Aspen two (2) fully executed counterparts of the Agreement including the Contract Documents. 2. You must deliver with the executed Contract the completed Certificate of Incorporation. 130 SOUTH GALENA STREET. ASPEN, COLORADO 81611 . PHONE 303.920.5055 . FAX 303.920.5119 I'rmko"" "'ydl'll r"pL" .. ,;,: ........"'....: 1\"- \\< ~... ", By: ili ". ~ t. , 3.. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in the Contract Documents and proof of Workmen's . Compensation coverage. . Failure to comply with these conditions within the time specified will entitle the City of Aspen to consider your proposal abandoned and to annul this Notice of Award. Within ten (10) days after you comply with these conditions or following City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the Contract, together with a Notice to Proceed with the first phase of the 'Scope of Work. Thank you for your proposal and congratulations on being the successful architect for this project. Sincerely, awardnot.bid