HomeMy WebLinkAboutresolution.council.003-00 RESOLUTION NO. 3
(SERIES OF 2000)
A RESOLUTION GRANTING THE DURANT SPORTS ("ARCHITECT"), FOR THE
ISELIN POOL/ICE FACILITY, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract between the City
of Aspen, Colorado and Durant Sports, a copy of which contract is annexed hereto and part
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the contract between
the City of Aspen, Colorado, and Durant Sports, regarding the architectural services pertaining
ro the Iselin Pool/Ice Facility, a copy of which is annexed hereto and incorPorated herein, and
does hereby authorize the City Manager to execute said contract on behalf of the City of
Aspen.
Dated: ~~.~ ,2000.
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolu/~ipn adopted by the Council of the City of Aspen,
Colorado, at a meeting held ff//~LL~ C/~ , 2000.
~9/~h~ity Clerk '"--
j olm/resos/iselin~0ool_ice
i
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
9�
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ( "City ") and Durrant Architects, Colorado ( "Architect ").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Services. Architect shall perform in a competent and professional manner
the Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Architect shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project.
This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by
the Architect.
3. Payment. In consideration of the work performed, City shall pay Architect Five
Hundred Ninety -Six Thousand Five Hundred ($596,500.00) in the event that all Phases are
performed as requested by City. The City shall have the option of asking Architect to perform any
number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases
performed. The City shall notify Architect of phases it wishes to have performed via formal written
Notices to Proceed. Fees including any additional services or reimbursable expenses shall not
exceed the following amounts for each given phase:
nai -net
Planning Phase:
$ 82,500.00
Schematic Design Phase:
$168,000.00
Design Development Phase:
$130,000.00
Construction Document Phase:
$202,000.00
Bidding and Negotiation Phase:
$ 14,000.00
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions
of another, the provision in the Contract Document listed first below shall govern, except as
otherwise specifically stated:
a. Agreement
b. Request for Proposals & Scope of Services
C. Proposal /Cost estimate and attachments, including all written
representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Architectural Services.
5. Compliance With Procurement Code. The Architect acknowledges that this
Agreement is entered into subject to the requirements of the City of Aspen Procurement Code, Title
4, of the Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of
said Procurement Code, and such requirements are incorporated herein by this reference (copies of
the code are available upon request to the City for a nominal charge). Architect shall immediately
notify the City Manager in writing of any violation of said Code by the City's employees or agents,
which.violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City
of any violation of the Procurement Code shall be deemed as a waiver of any action of defense that
the Architect may have against the City by reason of such violation of the Procurement Code.
6. Non- Assignability. Both parties recognize that this contract is one for specific
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub - Contracting, if authorized, shall not relieve the Architect of any of the
responsibilities or obligations under this agreement. Architect shall be and remain solely responsible
to the City for the negligent acts, errors, and omissions of any of his consultants, agents and
employees, each of whom shall, for this purpose be deemed to be an agent or employee of the
Architect to the extent of the subcontract. The City shall not be obligated to pay or be liable for
payment of any sums due which may be due to any sub - contractor.
7. Termination for Default or for Convenience of City.
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1. Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may
allow or shorter, but not less than three (3) days, for failure to provide proof
aGl x981 Pace? —
of insurance or maintenance of any dangerous condition) after hand - delivery
or mailing to the Architect of a notice specifying the default. If mailed, said
notice shall be sent by certified mail, return receipt requested, to the address
specified herein for Architect.
The Architect shall not be in default be reasons of any failure in performance
of this Agreement in accordance with its terms if such failure arises out of
causes beyond the control and without the fault or negligence of the Architect.
Such causes may include, but are not restricted to, acts of God, natural
disasters, strikes, or freight embargoes, but in every case the failure to
perform must be beyond the control of the Architect. Upon request of the
Architect, the City shall ascertain the facts and failure, and, if the City shall
determine that any failure to perform constituted a valid commercial excuse.
the performance shall be revised accordingly and notice of default withdrawn;
or
2. Whenever for any reason and in its sole discretion the City shall determine
that such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City,
the City shall deliver to the Architect a written notice of termination, specifying the
reasons therefor, and the effective date of such termination. The effective date shall
not be earlier than the date of hand - delivery or the date of mailing of the notice, plus
three (3) business days. The notice of termination shall be sent regular first -class
mail to the address of the Architect herein provided. The Architect or the City may
terminate this Agreement, without specifying the reason therefor, by giving notice, ul
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 Architect shall
become the property of the City. Notwithstanding the above, Architect shall not he
relieved of any liability to the City for damages sustained by the City by virtue of any
breach of this Agreement by the Architect, and the City may withhold any payments
to the Architect for the purposes of set -off until such time as the exact amount of such
damages due the City from the Architect may be determined.
C. Termination Procedure. After the effective date of the notice of termination for
default or for the convenience of the City, unless otherwise directed by the City, the
Architect shall:
1. Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subcontractors to the extent that they relate to file
performance of work terminated by the notice of termination.
4. With the approval or ratification of the City, settle all outstanding liabilities
and all claims arising out of such termination on orders or reimbursable in
whole or in part in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim
in the form of a final invoice in accordance with the provisions in Section
hereinabove, including costs incurred and profit to the date of termination (but not for
future profit, which shall not be paid), and costs incurred because of termination.
which termination costs shall not exceed 10% of the total amount of proposal;
provided, however, that in the event of default by the Architect, no extra costs
incurred because of termination shall be paid to the Architect and any costs paid shall
not be a waiver of any claim, counterclaim or setoff by the City against the Architect
on account of any default. Such claim must be submitted promptly, but in no event
later than thirty (30) days from the effective date of termination, unless one or more
extensions are granted in writing by the City. Upon the Architect's failure to submit
a claim in the time allowed, the City may review the information available to it and
determine the amount due the Architect, if any, and pay the Architect the amount as
determined.
e. Termination Settlement. Subject to Paragraph 5.d, the Architect and City may
negotiate the whole or any part of the amount or amounts to be paid, upon
termination for default or the convenience of the City.
f. Remedies. The Architect shall have the right of appeal from any determination made
by the City under this termination section; except that if the Architect has failed to
submit his claim within the time provided in Paragraph 5.d, above, and has failed to
properly request an extension, he shall have no right of appeal. In any case where the
City has made a determination of the amount due under Paragraph 5.d. or 5.e.,
above, the City shall pay the Architect: (1) the amount the City has determined if
there is no right of appeal or if timely appeal has been taken, or (2) the amount finally
determined on such appeal if an appeal has been taken.
g. Method of Appeal. If the Architect disagrees with the City's determination under
Paragraphs 5.d. or 5.e., he can appeal this decision in writing to the City. SLICb
appeal must be made in writing within twenty (20) days of receipt in writing of the
AGl x)81 Pace 4 _
City's determination. The City shall have twenty (20) days in which to respond in
writing to the appeal. The City's response shall be final and conclusive unless within
thirty (30) days from the date of receipt of such response the Architect submits the
dispute to a court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Architect warrants that s /he has not employed or
retained any company or person, other than a bona fide employee working for the Architect. to
solicit or secure this contract, that s /he has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other
consideration contingent upon or resulting from the award or making of this contract. For a breach
or violation of this contract without liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
9. 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. Architect shall be, and shall perform as, an independent Contractor wito
a<rees to use his or her best efforts to provide the said services on behalf of the City. No agent.
employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant
of the City. City is interested only in the results obtained under this contract. The manner and
means of conducting the work are under the sole control of Architect. None of the benefits provided
by City to its employees including; but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of Architect.
Architect shall be solely and entirely responsible for its acts and for the acts of Architect's agents.
employees, servants and subcontractors during the performance of this contract. Architect shall
indemnify City against all liability and loss in connection with, and shall assume full responsibility
for payment of all federal, state and local taxes or contributions imposed or required wider
unemployment insurance, social security and income tax law, with respect to Architect and /or
Architect's employees engaged in the performance of the services agreed to herein. ARCHITECT,
AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS'
COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND
STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. The Architect agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the City, its officers, directors and employees (collectively, City) against all
damages, liabilities or costs, including reasonable attorneys' fees and defense costs. Eo
the extent caused by the Architect's negligent performance of professional services
under this agreement and that of its subconsultants or anyone for whom the Architect
is legally liable.
\G1-981 Pace 5
The City agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the Architect, its officers, director, employees and subconsultants
(collectively, Architect) against all damages, liabilities or costs, including reasonable
attorneys' fees and defense costs, to the extend caused by the City's negligent acts in
connection with the Project and the acts of its contractors, subcontractors or
consultants or anyone for whom the City is legally liable.
Neither the City nor the Architect shall be obligated to indemnify the other party in
any manner whatsoever for the other party's own negligence.
11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Architect pursuant to Section 8 above in amounts and
aggregates as stated below. Such insurance shall be in addition to any other insurance requirements
imposed by this contract or by law. The Architect shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to Section 6 above by reason of its failure w
procure or maintain insurance, or by reason of its failure to procure or maintain insurance in
sufficient amounts, duration, or types.
(b) Architect shall procure and maintain, and shall cause any subcontractor of the Architect
to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by
the Architect pursuant to Section 8 above. In the case of any claims -made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract,
and Employers' Liability insurance with minimum limits of no less than the state of Colorado
statutory minimums. Evidence of qualified self- insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX
HUNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for bodily
injury, broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall contain a severability of
interests provision.
a_
(iii) Comprehensive Automobile Liability insurance with minimum combined single limits
for bodily injury and property damage of not less than THREE HUNDRED THOUSAND
DOLLARS ($300,000.00) each occurrence and THREE HUNDRED THOUSAND
DOLLARS ($300,000.00) aggregate with respect to each Architect's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy shall
contain a severability of interest provision. If the Architect has no owned automobiles, the
requirements of this Section shall be met by each employee: of the Architect providing
services to the City under this contract.
(c) The policy or policies required above shall be endorsed to include the City and tilt
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory insurance to
that provided by Architect. No additional insured endorsement to the policy required above shall .
contain any exclusion for bodily injury or property damage arising from completed operations. The
Architect shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Architect's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not he
canceled, terminated or materially changed until at least thirty (30) days prior written notice has
been given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure any
such policy or any extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by City shall be repaid by Architect to City upon
demand, or City may offset the cost of the premiums against monies due to Architect from City.
(t) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protection provided
by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
act -I81 Page 7 —
12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property /Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Architect for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Architect reasonable notice of any changes in its membership or participation in
CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or
other materials for any agreement shall not include Federal Excise Taxes or Colorado State or local
sales or use taxes. City is exempt from such taxes under applicable federal, state and local laws.
Owner's State of Colorado tax identification number is 98- 04557. City's Federal Tax Identification
Number is 84- 6000563.
14. Ownership of Design Materials and Documents.
I
. The copies or other tangible embodiments of all design materials, whether or not such
materials are subject to intellectual property protection, including but not limited ro
documents, shop drawings, computer programs developed for the Project or if such
programs are not the property of Architect or Subcontractor, data, plans, drawings,
sketches, illustrations, specifications, descriptions, models, as -built documents, and
any other documents developed, prepared, furnished, delivered or required to he
delivered by the Architect or Subcontractor to City under the Contract Documents
(collectively "Design Materials ") shall be and remain the property of the City
whether or not the Project is commenced or completed; provided, however, that City
makes payment for the documents in accordance with this Agreement. During the
term of the Agreement, the Architect shall be responsible for any loss or damage to
the Design Materials, while the Materials are in the possession of the Architect or any
of its Subcontractors, and any such Design Materials lost or damaged shall he
replaced or restored at the Architect's expense. The intellectual property rights,, if
any, to the contents of or concepts embodied in the Design Materials shall belong o
the Architect or its Design Subcontractors in accordance with their contractual
relationship and may be copyrighted by them in the United States or in any other
country, or be subject to any other intellectual property protection.
b. As to those Design Materials subject to copyright or as to which patent or trademark..
or any other form of intellectual property protection has been, is or will be obtained.
the Architect grants to City as of the date that the Design Materials are delivered of
required to be delivered to the City, a world -wide, paid -up, nonexclusive.
nontransferable (except as provided) license for the term of intellectual property
protection, for the City to use, reproduce and have reproduced, display and allow
A(;I 981I pace 8
others to display and to publish and allow others to publish, in any manner, at any
time and as often as it desires, with or without compensation to the Architect or any
third party subject to the following restrictions: (a) All copyright and other
intellectual proprietary rights in or relating to any of the Design Materials, shall
remain the property of the Architect or Design Subcontractor whether or not the
Project is constructed. It is understood that, except as provided in this paragraph, the
Architect and Design Subcontractor shall have the right to use any detail, part,
concept or system(s) shown on, specified in, or inferable from the Design Materials
on any other project and to retain copies for the Architect's or Design Subcontractor's
future use; (b) City shall not, without prior written consent of the Architect or Design
Subcontractor use Design Materials or documents, in whole or in part, for the
construction of any other project. If, however, City agrees to indemnify the owner of
the intellectual property rights against liability arising from the misuse or incorrect
use of Design Materials by City, City shall be entitled to, at no additional cost to the
City, use such materials and documents for additions, improvements, changes or
alterations to the Project after completion. If Architect is in default under this
Contract and the Contract is terminated, City shall be entitled to use the Design
Materials for completion of the Project by others without additional compensation, or
a release, indemnification or other action by City; (c) Any reproduction of the Design
Materials or part of them shall be faithful and accurate to the original and of good
quality; (d) City shall not remove or alter, and shall reproduce and prominently
display on all copies made by City, the copyright notice and other proprietary legends
appearing on the Design Materials when delivered to City. The restrictions set forth
in (c) and (d) above shall be imposed by City on any third party to whom the City
allows to display or publish the Design Materials.
C. It is understood that City considers the Project's aggregate architectural expression
(that is, the overall combination of the Project's visually apparent design features)
and any distinctive individual features, to be unique and of commercial value, and the
Architect and its Design Subcontractors agree not to design or build, or allow other
third parties the use of the Design Materials to design or build another structure(s)
having a substantially similar architectural expression so that an average person would
relate the structure(s) to the Project. Architect and its Design Subcontractors shall,
however, be free to use individual features from the Project or combinations of
features in other projects, so long as the Architect complies with the first sentence of
this paragraph. Architect shall include this provision in its contracts with its Design
subcontractors and provide copies of these agreements to City.
d. As of the conclusion of the Project, or in the event of termination of the Agreement,
Architect shall turnover to City any of the Design Materials referred to in above
AG] -981 Pace 9 —
which have not yet been submitted to City. Architect shall submit the Design
Materials to City within ten days of the conclusion of the project, or date oP
termination. In the event of the failure by Architect to make such delivery ,
provided above, Architect shall pay City any damages City may sustain from the
failure.
15. Annual Appropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by
the City beyond any amounts that may be, from time to time, appropriated by the City on an annual
basis. It is understood that payment under any agreement is conditional upon annual appropriation
Of funds by said governing body and that before providing services or materials for which funds
have not been appropriated.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal of
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
17. Notice. Any written notices as called for herein 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
Architect:
18. Non - Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry.
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13 -98.
pertaining to non - discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, m
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 Architect to which the same may apply and, until
complete performance by Architect of said term, covenant or condition, the City shall be entitled to
invoke any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
AG1 -981 -Page 10 —
20. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon
the City unless duly executed by the City Manager or Mayor of the City of Aspen (or a duly
authorized official in his absence) following a Motion or Resolution of the Council of the City ill`
Aspen authorizing the City Manager or Mayor (or duly authorized official in his absence) to execute
the same.
21. 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 front
time to time in effect.
AGI X981 Pace 11
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their Cluiy
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
I)ated:
ATTESTED BY:
..!�/ _.. ! '.
Q 0000"
WITNESSED BY:
APPROVED AS TO FORM BY:
.1 PW- 01/13/00- M:Acity\cityatry\archAag1- 981.doe
CITY OF ASPEN, COLORADO`.
By:
ARCHITECT:
AG1 X981 Page 12 —
REVIEWED BY:
Project Manager
a ....... ..... .... .._..— ..— ... —...
SCOPE Oh' IVOR/i
(Revised)
PHASE L• PROGRAMMING
1. PROGRAMMING AND PROGRAM ELEMENTS
A.) Identify Needs
• Work with staff and user groups in refining a program which accommodates the final
facility design.
• Work with staff and user groups in identifying potential revenue producing
opportunities within the facility.
B.) Industry Standards
• Insure that refrigeration systems meet or exceed industry and OSHA standards.
• Insure that aquatic facilities meet or exceed industry and State of Colorado
regulations in water quality standards.
• Insure that mechanical systems such as air handling is meeting or exceeding air
quality standards per OSHA and industry recommendations regarding emissions with
the ice facility.
• Insure that the air handling system in sync with the water purification system assures
air quality acceptable by industry and local regulatory standards.
2. SITE, FACILITY AND PROGRAM ELEMENTS
A.) Pedestrian Connections
• Insure that pedestrian traffic flow is consistent with the Community Campus, existing
trail comnections, and Nordic trails.
• See that pedestrian connections are readily accessible to other transit opportunities.
B.) Transit Programming
Work closely with existing transit plans as established by the City of Aspen, Pitkin
County, and the State of Colorado.
6
• insure that facility is accessible to existing as well as planned transit opportunities,
and connections.
• Offer any additional solution to transit programming that may be possible.
C.) Identify Crossings
• Work to identify pedestrian crossing patterns and offer solutions
•
In facility design pedestrian crossings should be kept in mind for egress from the
facility.
PHASE H. SCHEMATIC DESIGN REVIEW
A.) Review of conceptual designs and previous approvals -
Selected team must review conceptual design application as
submitted to Community Development and adhere to conditions of
approval as stated by Planning and Zoning and City Council for
Conceptual submission of PUD amendment.
B.) Code Evaluation -
Selected team shall be required to evaluate necessary structural,
mechanical and electrical systems for code compliance along with
utility upgrades; drainage analysis; energy, life and safety issues
and ADA requirements. Any testing for various analyses shall be
the responsibility of the design team. The design team shall submit
to the City a report that addresses code compliance concerns and
other analyses' issues or studies.
C.) Cost Estimate
Design Team shall be required to work with the City's
Construction Manager to provide construction cost
estimates. Design Team shall be required to submit a constriction
cost estimate to the City of Aspen Parks & Recreation Department
for review and shall make design changes as necessary for the
Project Budget. The design tearn shall be required to submit a
statement of Probable Construction cost along with schematic
designs for staff and Council review and approval.
* Design team will offer three (3) design options with approximate
cost for the facility. One of which will be designated as the
preferred alternative.
PHASE III: DESIGNDEVELOPMENT
A.) Architectural /Engineering Design Services - To include but is not
limited to the following:
* Elevation drawings including building heights and other dimensions.
'k Site plans with proposed new building and possible employee housing
units attached.
Drainage plans and Utility plans on 1" = 20' mylar basemapping
Proposed Building Materials
Ice dump and melting site design.
Site Context Model of Project
B.) Design Team shall advise the City of any adjustments to design and
shall make design changes necessary to accommodate budget
constraints. Design Team shall resubmit a further statement of
probable construction cost if so required by the City of Aspen. Design
Team shall work with the construction manager to jointly advise the City
Council and City Staff.
• In designing the ice program of the facility, ensure that this portion
could be phased in at a later date.
• Design Team will identify necessary infrastructure for the addition of a
sheet of ice in the f iture. If the initial sheet of ice were added at a later
date, identify the infrastructure that could be incorporated into the
initial construction of the pool facility.
C.) Design Team shall be required to submit and present its designs to the
City's Planning and Zoning Commission and City Council for Final
PUD amendment approvals.
8
D. Design Team shall make any further changes and revised cost
projections per any requirements stipulated by P &Z and Council as
conditions of approval.
PHASE IV. CONSTRUCTION DOCUMENTS
A.) The Design Team shall work closely with the City Attorney's office
during this phase to coordinate the drafting of any legal documents
requested to be included as part of the Contractor's Contract Documents.
B.) Structural, electrical, and mechanical design documents must be stamped
signed by professional engineers of corresponding disciplines registered
the State of Colorado.
C.) As -built drawings of the existing office building including structural,
mechanical, and electrical system with detailed instruction for renovation
shall be submitted to the City Project Director by the Design Team during
this phase.
D.) The Design Team shall provide detailed estimates for construction costs to
the City Project Director.
E.) The Design Team shall work closely with the City's Construction
Management Administrator in constriction documents and bid
specifications.
PHASE V.• BIDDING AND NEGOTIATION
A.) The Design Team shall be required to assist the City in evaluating
construction bids and negotiating proposals and shall assist in awarding
and preparing contracts for construction.
9
PHASE VT: CONSTRUCTIONADMINISTRATION
A.) The Design Team shall assist the Construction Management Administrator
for the City in the approval and monitoring of the contractor's consti Liction
schedule.
B.) The Design Team shall prepare a set of reproducible record drawings for
the City showing significant changes in the work made during
construction, based upon marked up prints, drawings, and other data
furnished by the contractors. All change orders must be approved by the
City prior to any changes being done.
C.) The Design Team along with the Construction.Management Administrator
shall review the contractor's applications for payment and certify in
writing to the City, determined amounts owed to the contractors.
PHASE VII: FINAL DEVELOPMENT
A.) The Design Team shall be required to submit any drawings or documents
necessary for final plat submission filing with City Cleric. Design Team
must provide a rninimuun of five (5) final as -built drawings, facilities
operating manual and site plans to the City within one month of
completion of project.
FEES AND EXPENSES:
A.) Please list the rate at which various professional services will be charges
our for any work not identified in the Scope of Work.
B.) Please list reimbursable that are not applicable to the initial fee proposal
and the rate at which they will be charged out.
��'iF�' >';$ "s'�frax''e'#q�:' �3`c5'�k^`d" •'a`^a.: �S' r ro�:�" . `�a�. Ef,'s ?�r. : o' � s w� :BY: "0'a > ^x��3" dry .y�'3�;:;Z
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10
FEE PROPOSAL BID FORM
The Iselin Park Pool /Ice Rink Facility will be billed to the City of Aspen on an Hourly Basis not to
exceed total fees for each phase as listed below. Progress payments shall be billed on a monthly
basis.
PHASE 1:
PROGRAMMING AND COST MODELING
$32,500.00
Estimated Time: 325 hours
PHASE 2:
SITE, FACILITY & PROGRAMMING
$50,000.00
Estimated Time: 505 hours
PHASE 3:
SCHEMATIC DESIGN iEVIEW
$168,000.00
Estimated Time: 1,680 hours
PHASE 4:
DESIGN DEVELOPMENT
$130,000.00
Estimated Time: 1,300 hours
PHASE 5:,
CONSTRUCTION DOCUMENTS
$202,000.00
Estimated Time: 2,020 hours
PHASE 6:
BIDDING AND NEGOTIATION
$14,000.00
Estimated Time: 145 hours
_EHASE -7:.
-- CONSTRUCTION -AD
- Estimated- Tree: -1,Y95 hours
TOTAL FEE PROPOSAL " 5q6, s0 u
Estimated Time: i;466 hours 8796 599 p0-
'-IS
The project is estimated for the purposes of responding to the Request for Proposals not for
inclusion into a contract agreement. Durrant Sports reserves the right to finalize all fee and
reimbursable expenses associated with the project upon further disclosure of pertinent
information critical to the project scope.
It has been estimated for the purposes of this proposal that a Two Step Land Use Application
process will be adequate for approval. If the process requires an S.P.A. or a Four Step
Application we reserve the right to renegotiate the fees associated with this work.
ISELIN PARK POOUICE RINK FACILITY
December 23, 1999
Mr. Scott Duryea
City of Aspen
130 South Galena Sheet
Aspen, Colorado 81611
Lear Mr. Duryea
Further to our recent conversation Durrant Sports is pleased to confirm the following as
part of our Fee Proposal sent to you via e-mail.
Durrant Sports fee proposal is an all - inclusive proposal for all consultants required to
undertake this project. We have outline under Additional Services and Fees the maximum
not to exceed.for those services that do not.form part of our total fee proposal. Also we
would expect that The City of Aspen would provide us with site surveys, geotechnical
tests and results and any notices or legal titles that would be normally required on City
gf'Aspen projects.
Further our fee is fixed and is not subject to change through the completation of Design
Development. However if after the Design Development Phase has been completed and
accepted by the City ofAspen and a change in the scope of work is requested by City
staff' user groups any other interested party and endorsed by the City of Aspen. Durrant
Sports reserves the right to renegotiate the, fee and the reimbursable expenses associated
with that change in scope of work. Phase 6 & 7 would not change and the fee for those
phases would remain the same.
Also we understand that there is some concern as to the difference in fee between ours
and the other team interviewed. Durrant Sports confirms that we are very motivated to do
this work and our fee is a reflection of our desire to enter the Colorado recreation
market. It is our opinion that our, extensive background in ice rink design gives us a
competitive advantage not enjoyed by our competitors. We are able to do our own design
work on the refrigeration system; dasher boards, refrigerated floor, locker rooms and
other associated elements without the assistance of an added consultant. The same
reasoning applies to Vic Davies and his aquatic design work. Further in anticipation of
Vic Davies becoming part of Durrant Sports we have agreed that as future principals we
will combine our internal fee to make our proposal as price competitive as economical
possible.
If l ecru add any more information that will assist you with your decision, please do not
hesitate to call. Again, I want to assure you of my personal commitment that Durrant
Sports will deliver this project to the City of Aspen that will become the standard by
which other, facilities in Colorado will be measured.
Pours truly,
DURRANT SPORTS
John Passers
Director gf'Business Development
City ofAspen
December 123, 1999
Page PAGE 2
RE: Iselin PARK Poollice facility
The Iselin Park Pool /Ice Rink Facility will be billed to the City of Aspen on an Hourly
Basis not to exceed total fees for each phase as listed below. Progress payments shall be
billed on a monthly basis.
PHASE 1: PROGRAMMING AND COST MODELING S32,500.00
Including the review of the existing concept work to intended
uses, review existing estimate and perform cost model based
on concept, verify concept and f nalize facility program with staff
and user groups, program will address current standards for specialty
systems and identify any future requirements for aquatic and ice rink
facilities
Estimated Time: 325 hours
PHASE 2: SITE, FACILITY & PROGRAMMING
S50,000.00
Including the review of pedestrian and transit interaction,
develop complete facility plan for pedestrians and transit
Estimated Time: 505 hours
PHASE 3: SCHEMATIC DESIGN REVIEW S168,000.00
Develop schematic designs that will become the platform
for the final project, address construction phasing, check
schematic against cost model for budget compliance;
refine schematic design reflecting any budget, staff or user
group consideration
Estimated Time: 1, 680 hours
PHASE 4.• DESIGN DEVELOPMENT 5130, 000.00
Complete design development based on selected schematic,
check cost model, submit and present design to P &Z and City
council
Estimated Time: 1,300 hours
PHASE 5; CONSTR UCTION DOCUMENTS 5202, 000.00
Complete full construction documents includingplans and
specifications for structural, electrical, and mechanical building
systems, complete plans and specifications for pool and associated
associated equipment, rink mechanical system, dasher boards
and refrigerated floor, specialty items including change rooms,
patron lockers, on site storage systems, and specialty controls for pool
and ice rink operation; coordinate construction documents with City staff
and construction manager
Estimated Time: 2,020 hours
PHASE 6: BIDDING AND NEGOTIATION
S14,000.00
Review construction bids including evaluation and recommendation of
contractors and contracts
Estimated Time: 145 hours
PHASE 7: CONSTRUCTIONADMIAIISTRATION
S120, 000.00
Coordinate with construction manager for submittal review,
assist construction manager with project schedule, weekly site inspection
specialty inspections concrete pour refrigerated.floor etc
Estimated Time: 1.205 hours
TOTAL FEE PROPOSAL
Estimated Time: 7,180 hours
5716,.100.00
The .services provided for this fee are the basic services per the ALA definition of basic
services, for architectural and engineering work. Durrant Sports will provide all of the
basic services as outlined above.
Consultants:
All basic service fees from our consultants are included in the total fee proposal of
S716,500. 00, Any out of pocket expenses charged by our Consultants engaged in the
work will be billed at 1.3 times their invoice amount.
ADDITIONAL SERVICES and FEES
Computer Modeling:
The development and maintenance of'a computer simulation of the facility is extra at
S10,000.00
Permit and Zoning;
The maximum fee that we will charge for our consultants (Hagman Architects and Rock
Creek Studio) to take this project.fr�om design drawings through P &Z and City council is
531.7 99.00
Bid Package Project Delivery
To undertake this project on a fast track delivery system we would require an additional
I % of total construction budget.
Personnel:
The following hourly rates shall be charged.for personnel classifications as indicated
below. All employees'time spent in connection with the project will be included.
Principal S120.00
Project Manager S90.00
Construction Administrator S80.00
Architectural Designer S67.00
Interior Designer S62.00
Space Planner S62.00
Technical S55.00
Administrative /Clerical S33,00
REIMBURSABLE EXPENSES
Miscellaneous: All miscellaneous expenses incurred in connection with the Project will
be billed at 1.15 times the invoice cost. These expenses typically include materials,
supplies and services, including long distance telephone calls.
Travel: Reimbursement for actual travel, lodging, and meals, etc, incurred in connection
with the project. Auto Mileage will be billed at 32.5 cents per mile.
Printing: Reproduction cost of ivork not done by Durrant be billed at 1.15 times invoice
cost. Reproduction work done by Durrant will be billed at the following rates:
Photocopies: 15 cents each
Bluelinesr 24 "x 36" at S 0.75 each 30 "x 42" at $1.00 each
Paper Sepias: 2.1 "x 36" at S 3.50 each 30 "x 42" at S 4. 00 each
.Sepia Mylar: 24 "x 36" at 512.50 each 30 "x42 "at $15.00 each
Vellum Plots 24 "_x 36" at S 6.00 each 30 "x 42" at S 9.00 each
Computer/CADD Diskettes:
Double Density: SI.00
High Density: 52.00
CD ROM: 510.00
EMBED Word Picture. 6
Durrant
Sports
December 20, 1999
Mr. Tim Anderson
City of Aspen
Recreation Director
130 South Galena Street
Aspen, Colorado 81611
RE: ISELIN PARK POOLIICE
Dear Mr. Anderson
Further to our conversation of this morning attached is a list of facilities that you can
contact to discuss the merits of their project. You should be aware that Vic Davies
Architects pioneered the concept of leisure pool facilities. Design firms from all over North
America and abroad, including Ron Rinker and Joe Hunsaker have studied Vic's work as
means of raising their design experience.
If I can add any more information that will assist you with your decision, please do not
1911 -131 Street hesitate to call.
Surrey, B.C. V4A 7P1
604.535 -9801 Again, I want to assure you of my personal commitment and the best efforts of Currant
Fax: 604. 535 -9801 Sports on this exciting and challenging project for the City of Aspen, Colorado.
A Part of The
Durrant Group-Inc.
Architecture/
Engineerinli
Construction
Interiors
Dubuque, IA
Madison, WI
Eau Claire, WI
Hartland, WI
Denver, CO
Colorado Springs, CO
Phoenix, AZ
Tucson, AZ
San Antonio, TX
Yours truly,
DURRR�AJN`a•T SPORTS
/John Passes
/ Director of Business Development
9a
12/20/1999 09:39 250 - 477 -8411 'JIC DAVIES ARCHITECT PAGE 02
Vic Davies 18/06/99 page 1
References
PROJECT
Invercargill Splash Palace (New Zealand)
(copy attached)
North Peace Leisure Pool
Hope Pool & Library
Ladysmith Therapeutic Leisure Pool
(copy attached)
City Centre Aquatic Complex
(copy attached)
City Centre Aquatic Complex
Maple Ridge Leisure Centre
(copy attached)
Saanieh Commonwealth Place
Matsqui Recreation Centre
(copy attached)
Nicola Valley Aquatic Centre (Merritt)
(copy attached)
Hyde Creek Community Centre (Port Coquitiarn)
Bill Watt (Leisure Services Dir.)
(011 - 64.3)218 -1959
Carol Susak (City of Fort St. John)
(250) 787 -8150
Chuck Jensen
(604) 869 -2304
Doug Thring (Rec. Dir.)
(250)245 - 6424,
V. Sudra (Project Manager)
(604) 664 -1400
Steve Borthwick (Facility Mgr)
(604) 927 -6974
J.F. Godfrey
(604) 534 -3211
Murray Coell, MLA
(250) 656 -0013
Dave McBride (Aquatics Mgr)
(604) 448 -5353
References Canadian.doc
Tom Day (Administrator)
(250) 378 -4224
Larry Wheeler
(604) 927 -7900
-yy J e w A i hHa6thN A. lril r:! J
H A G M A N
ARCHITECTS
Dec. 20, 1999
Tim Anderson
City of Aspen
Recreation Director
130 South Galena Street
Aspen, Colorado, 81611
Dear Tim,
rAY fr0 9 71057339::r• _
Via Facsimile
I am following up with the two items we were not able to get to you last week.
One is our estimated time for our participation in the Land Use Application that
you asked us to put together. (See Attached). Tim has stated his interest in
donating a portion of his time in this process as a community contribution
towards the project, Perhaps you could give this some thought and Tim and you
could speak later about what form this would take.
You also requested references in regards to the cost modeling method of
continuously managing a project's budget. Please contact Mr. Jim Groves,
Executive Director of the Oregon Park District, Oregon, Illinois at (815) 732 -
3101. Durrant designed an indoor recreation center, The Blackhawk Center for
Jim. Our cost model was valid from conceptual planning through project dose
out. Also please contact Mr. Neal Pavius, Activities Principal at Byron CUSD
#226 at (815) 234 -5491 ext. 225. Durrant designed a 78,000 sf recreation
facility for this school district. The facility was delivered on time and on tracking
of conceptual budget.
We have heard that the selection committee is split between the two firms, one
liking BRS's expertise in pool facilities and the other liking our expertise with ice
rinks. We would have preferred to have our pool specialist, Vic Davies Aquatics,
Ltd., at the interview, but they were unable to attend. We are confident that they
are a strong element in our team structure, and would be happy to get you more
information on their experience and resume' if this would help.
We lock forward to hearing from you.
i
,
1 f ?I'
Michael . D6le
0119 EAIvl 90AC • win 80
U4AQ, 0107A00 x16P
-hope 4::•v�:•:ea9
.Ax 919-11:•4499
ISELIN PARK
PCOUICE RINK FACILITY
LAND USE APPLICATION
Hagmar Architects
Basalt, CO
Staff Hours
Cost
r
1
Pre-Application Conference
Meeting With Staff
2 2
0 2
$450.00
$180.00
2
3
Prepare Tor Planning and Zoning Meeting
2 4
$630.00
4
Planning and Zoning Meeting
Pfepar0 for City Council Meeting
2 2
2 2
$450.00
$450.00
5
6
City Council Hearing
Meeting With Staff
Prepare for Planning and Zoning Meeting
Planning and Zoning Meeting
2 2
0 2
2 4
2 2
$450.00
$180.00
$630.00
$450.00
7
8
9 +
t0
Prepare for City Council Meeting
2 2
$450.00
_ ~11
City Council Hearing
1 2 1 3
$540.00
TOTAL i6 27 $4,860.00
Hagmar Architects
Basalt, CO
-ib-yy SA'l 9: Y4 ?.N! HAG!AA` A "C.Hi:'ir,'I'4 FAX NO. 7002%38' '99 f.
H A G V A N
Ar,Cii, '['eCrs
Dec. 17, 1999
Tim Anderson
City of Aspen
Recreation Director
130 South Galena Street
Aspen, Colorado, 81611 Via Facsimile
Dear Tim,
Thank you again for the opportunity to meet with your group yesterday and
discuss the future Recreation facility at Iselin Park. We are very excited and
interested and hope that we will be selected as the design team that you will go
forward with
We had promised you a couple of follow up items and I am enclosing a portion
of them.
Since our original proposal was for a two step approval process, and a four step
process will be required, we asked Dave Michaelson to estimate fees to
complete that portion of work. I have enclosed that for your review. He
proposed to work on an hourly basis using ft $26,939 as a not to exceed
figure.
I need to speak with Mark Baker and get a dollar number for our two firms
participation in the approval process, and unfortunately missed him, and so I will
get you that number Monday.
You also had requested references about the fast -track bid package type of
project delivery method that you discussed with Mark Baker yesterday. He
wants you to please know that Durrant is qualified to provide the Iselin Park
project via any delivery method you require. Please contact Durrants client, Mr.
Tom Young, at the May Design and construction Division of the May
Corporation, at (303) 460 -1774. Also please contact a general contractor that
has recently completed bid package projects for Durrant, Mr. Cecil Windsor,
President, Gamma construction, at (303) 394 -4892.
You had also requested references in regards to the cost modeling method of
continuously managing a project's budget. Durrants Construction Manager,
Dave Garcia, is taking a vacation day today. Mark will provide you references
on Monday, December 20.
I will contact you Monday with the additional follow up items and we can discuss
them and any other question that may arise.
Very Truly Yours,
TirH8aMAJ.A
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