HomeMy WebLinkAboutresolution.council.078-98
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RESOLUTION NO. 11
Series of 1998
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR
PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN THE CITY OF ASPEN,
COLORADO, AND LIPKIN WARNER DESIGN & PLANNING, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for professional
architectural services between the City of Aspen, Colorado and Lipkin Warner Design & Planning a
copy of which contract is annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
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That the City Council of the City of Aspen hereby approves that contract for professional
services between the City of Aspen, Colorado, and Lipkin Warner Design & Planning 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 contract on behalf of the City of Aspen.
Dated:
tJ3 ~3/ft .
f .
,1998.
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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,
Co1orado,atameetinghe1d ~~J ~ ,1998.
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AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Lipkin Warner Design & Planning L.L.C., Basalt, Colorado
("Architect") for the Snyder Park Affordable Housing Project.
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. ScoJ;le of Work. Professional shall perform in a competent and professional manner
the Scope of Work and Schedule of Designated Services, as set forth in Exhibit" A" attached hereto
and by this reference incorporated herein.
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2. Completion. Architect shall commence work immediately upon receipt of a verbal
Notice to Proceed or Retainer 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
Representative 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. Pavrnent. In consideration of the work performed, City shall pay Architect as set
forth in Exhibit "B" attached hereto and by this reference incorporated herein. Architect shall
submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if
they are considered incorrect or untimely, the City shall review the matter with Architect within ten
days from receipt of the Architect's billing, the City understanding of the disposition of the issue.
Architect's invoice shall be for the period through the fifteenth (15th) of each month. The invoice
should be received by the Representative no later than the twentieth (20th) of each month. Payments
are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid thirty
(30) days after the invoice date shall bear interest at the rate of 1.5 % per month. Fees shall not
exceed the following amounts for each given phase as shown in Exhibit "B" plus additional services
and reimbursable expenses. For reimbursable expenses incurred by the Architect and Architect's
consultants, payment shall be computed as a multiple of one and one-tenth (1.1) times the expense
incurred by the Architect and Architect's consultants
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T' 4. Contract Documents. The following documents are agreed to constitute the Contract
. 1 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 bre~ch 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 or defense that
the Architect may have against the City by reason of such violation of the Procurement Code.
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6. Non-Assilrnabilitv. 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 Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to payor be
liable for payment of any sums due which may be due to any sub-contractor.
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7. Termination. Suspension or AbandoIiment. This Agreement may be terminated by
either party upon not less than seven day's written notice should the other party fail substantially to
perform in accordance with the terms of this Agreement, through no fault of the party initiating the
termination. Failure of the City to make payments to the Professional in accordance with this
Agreement shall be considered substantial nonperformance and cause for termination. If the project
is suspended by the City for more than 30 consecutive days, the Professional shall be compensated
for services performed prior to receipt of notice of such suspension. When the Project is resume,
the Professional's compensation shall be equitably adjusted to provide for expenses incurred in the
interruption and resumption of the Profession's services. This Agreement may be terminated by the
Owner upon not less than seven days' written notice to the Professional in the event that the Project
is permanently abandoned. If the Project is abandoned by the City for more than 90 consecutive
days, the Professional may terminate this Agreement by giving written notice to the City. If the City
fails to make payment when due the Professional for services and expenses, the Professional may,
AGl-981
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upon seven days' written notice to the City, suspend performance of services under this Agreement.
Unless payment in full is received by the Professional within seven days of the date of the notice, the
suspension shall take effect without further notice. In the event of a suspension of services, the
Professional shall have no liability to the City for delay or damage caused the City because of such
suspension of services. In the event of termination not the fault of the Professional, the Professional
shall be compensated for services performed prior to termination, together with Reimbursable
Expenses then due and all Termination Expenses as defmed below.
8. Termination Expenses: Termination expenses are in addition to compensation for the
Professional's services, and include expenses, which are directly attributable to termination.
Termination Expenses shall be computed as a percentage of the total compensation for all services
earned to the time of termination, as follows: 1) Twenty percent of the total compensation for all
services earned to date if termination occurs before or during the predesign, site analysis or
schematic design phases; 2) Ten percent of the total compensation for all services earned to date if
termination occurs during the design development phase; or 3) Five percent of the total
compensation for all services earned to date if termination occurs during any subsequent phase.
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9. Covenant Against Contingent Fees. The Professional warrants that s/he has not 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 other 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.
10. 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 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 Architect. None of the benefi~
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. 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
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.
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.
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11. Indemnification. Architect agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims,
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, or is claimed to be caused by, the negligent act, omission, errors
of the Architect, or any subcontractor of the Architect, or any officer, employee, representative, or
agent of the Architect or of any subcontractor of the Architect, or which arises out of any workmen's
compensation claim of any employee of the Architect or of any employee of any subcontractor of the
Architect.
12. Architect's Insurance. 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. The following coverage for the Architect is set forth in
Exhibit "C": .
a.) Professional Liability insurance with the mmunum limits of ONE MILUON
DOLLARS ($1,000,000) each claim and ONE MILUON DOLLARS ($1,000,000)
aggregate.
b.) Commercial General Liability insurance with minimum cO!!lbined single limits of
ONE MILUON DOLLARS ($1,000,000) aggregate
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c.) Comprehensive Automobile Liability insurance with minimum combined single limits
for bodily injury and property damage of not less than ONE MILUON DOLLARS
($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate.
13. 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.
14. 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.
15. Ownership of Design Materials and Documents.
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a.
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 to documents, shop drawings, computer programs developed for
AGl-981
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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 be 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 be replaced or restored at the Architect's expense. The
intellectual p~operty rights, if any, to the contents of or concepts embodied in
the Design Materials shall belong to 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 or 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 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
Architec~ 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. City
agrees to defend and hold harmless owner of the intellectual property rights
"Design Materials" 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
cr at:'::at:;:>::s to the Pr,:Jje,,:: ~f:8r C0D1.:)1,~;jc<'" if.' i~ 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 with additional
compensation, or a release, indemnification or other action by City; (c) Any
AGl-981
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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 (a) and (d)
above shall be imposed by City on any third party to which the City allows to
display or publish the Design Materials.
c.
As of the conclusion of the Project, or in the event of termination of the
Agreement, Architect shall turn over to City any of the Design Materials
referred to in above 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 of termination. In the event of the failure by Architect to make
such delivery as provided above, Architect shall pay City any damages City
may sustain from the failure.
16. Annual At'propriations. 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
f""""'., not been appropriated.
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17. 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.
18. 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, 130 South Galena Street, Aspen, Colorado 81611;
Architect: David Warner, AIA, Lipkin Warner Design & Planning LLC, P.O. Box 2239, Basalt, CO
81621.
19. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
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20. Waiver. The waiver by either Party 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 Party in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by other Party to which the same may apply and, until
AGI-981 Page 6
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complete performance by other Party of said term, covenant or condition, a Party shall be entitled to
invoke any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
21. Execution of Agreement bv City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon
the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or duly authorized official in his absence) to execute the same.
22. 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.
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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 parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in four copies each of which shall be deemed an original on the
date hereinafter written.
Dated:
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By:
ARCIDTECT:
WITNESSED BY:
'2'lf 1':;:;/ XZ'/:-ll -;< t t 1
By: / 4't ,~ , /
APPROVED AS TO FORM BY:
REVIEWED BY:
2{/1/)IL_t~~ ~/z.h/-:11
eny tto y
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Project Manager
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EXHIBIT "A-1"
SCOPE OF WORK
The owner, the City of Aspen represented by the Aspen/Pitkin County Housing Authority
(APCHA), intends to replace an existing house and outbuildings with fifteen affordable housing units
(6 three-bedroom and 9 one bed-room), covered parking for 21 cars and appurtenant site
development on part of a 3.2 acre site at 210 Midland Avenue, Aspen, Colorado. The remainder of
the site will be designed as a neighborhood park under the auspices of the City of Aspen Parks
Department.
EXHIBIT "A-2"
SCHEDULE OF DESIGNATED SERVICES
See attached AIA Document B 163, Article 1.1: Schedule of Designated Services and
Additional Services to be provided by Lipkin Warner Design & Planning (Architect); H3 Architects
(Consulting Architect); Mt. Daly Enterprises (Consulting Landscape Architect); and related
consultants.
G: IconttaCtlagrlag 1-981
AGI-981
Page 9
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City of Asoen Standard Tenns and Conditions - Architectural Services
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STANDARD TERMS AND CONDITIONS
FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENTS
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Citv of Asoe" Standard Tenns and Conditions - Architectural Services
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CITY OF ASPEN, COLORADO
STANDARD TERMS AND CONDITIONS
FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
(Version AGC-981)
INTRODUCTION
These standard terms and conditions have been prepared by the City of Aspen to be incorporated by
reference into Agreements entered into between the City of Aspen and architects or professional
architectural firms for professional architectural services. The provisions herein are interrelated
with other standard contract documents customarily used by the City of Aspen and a change in one
may necessitate a change in others. Whenever a conflict exists in the terms and conditions of this
document and the Agreement, the terms and conditions set forth in the Agreement shall take
precedence.
~ ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSmILITIES
1.1. GENERAL
1.1: 1. The Architect shall perform the services undertaken according to the Agreement with the
City. The part of the project for which Architect is to provide servicespursuant to the Agreement
with the City is hereinafter called This Part of the Project.
1.1.2. The Architect shall designate, when necessary, a representative authorized to act in the
Architect's behalf with respect to This Part of the Project.
1.1.3. The Architect's services shall be performed in character, sequence and timing so that they
will be coordinated with those of the City and all other consultants for the Project.
1.1.4 The Architect shall to the best of the Architect's professional ability recommend to. the City
the obtaining of such investigations, surveys, tests, analyses and reports as may be necessary for the
proper execution of the Architect's services.
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1.1.5 The Architect shall provide progress copies of drawings, reports, specifications and other
necessary information to the City and other consultants. All aspects of the Work designed by the
Architect shall be. coordinated by the Architect, and the Architect shall also become familiar with
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City of Asoen Standard Terms and Conditions - ArchitectUral Services
the Work designed by the City and other consultants as necessary for the proper coordination of the
Project.
1.1.6 The Architect shall cooperate with the City in determining the proper share of the
construction budget to be allocated to This Part of the Project.
1.2 BASIC SERVICES
The Scope of Basic Services document shall set forth the Basic Services, which the Architect has
agreed to perform.
SCHEMATTC DESIGN PHASE
1.2.1 The Architect shall ascertain the requirements for This Part of the Project and shall confirm
such requirements with the City.
1.2.2 The Architect shall review alternative systems with the City, attend necessary conferences,
prepare necessary analyses, drawings and other documents, be available for general consultation,
and make recommendations regarding basic systems for This Part of the Project. When necessary,
the Architect shall consult with public agencies and other organizations concerning utility services
and requirements.
1.2.3 The Architect shall prepare and submit to the City a Statement of Probable Construction
Cost.
DESIGN DEVELOPMENT PHASE
1.2.4 When authQrized by the City, the Architect shall prepare from the Schematic Design
Studies approved by the City the Design Development Documents. These shall consist of drawings
and other documents to fix and describe This Part of the Project, including materials, equipment,
component systems and types of construction as may be appropriate, all of which are to be
approved by the City.
1.2.5 The Architect shall submit to the City a further Statement of Probable Construction Cost of
This Part of the Project
CONSTRUCTION DOCUMENTS PHASE
1.2.6 When authorized by the City, the Architect shall prepare from the Design Development
Documents drawings and specifications setting forth in detail the requirements for the construction
of This Part of the Project, all of which are to be approved by the City. The Architect shall prepare
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the Drawings and Specifications in such format as the City may reasonably require.
1.2.7 The Architect shall advise the City of any adjustments to previous Statements of Probable
Construction Cost of This Part of the Project indicated by changes in requirements or general
market conditions.
1.2.8 The Architect shall assist the City as necessary in connection with the responsibility for
filing the documents concerning This Part of the Project required for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.2.9 Deleted.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
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1.2.1 0 Unless otherwise provided in this Agreement, the Architect shall assist the City in the
Administration of the Contract for Construction with respect to This Part of the project, as set forth
below and in General Conditions of the Contract for Construction.
1.2.12 The Architect shall visit the site at intervals appropriate to the stage of construction for This
Part of the Project or as otherwise agreed with the City in writing, to become familiar with the
progress and quality of the Work for This Part of the Project and to determine if such . Work is
proceeding in accordance with the Contract Documents. The Architect shall keep the City informed
of the progress and quality of the Work for This Part of the Project and shall guard the City against
defects and deficiencies in such Work of the Contractor.
1.2.13 The Architect shall at all times have access to the Work for This Part of the Project
wherever it is in preparation or progress.
1.2.14 The Architect, based on observations at the site and on evaluations of the Contractor's
Applications for Payment, shall assist the City in determining the amounts owing to the Contractor
for This Part of the Project and shall certify such amounts to the City. Such certification shall be in
writing if requested. .
1.2.15 Certification by the Architect to the City of an amount owing to the Contractor shall
constitute a representation by the Architect to the City that, based on the Architect's observations at
the site as provided in Subparagraph 1.2.12 and the data comprising the Contractor's Application
for Payment, the Work for This Part of the Project has progressed to the point indicated; that in the
Architect's professional opinion, the quality of such Work is in accordance with the Contract
r-.. Documents (subject to an evaluation of such Work for conformance with the Contract Documents
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upon Substantial Completion, to the results of any subsequent tests required by or performed under
the Contract Documents, to minor deviations from the Contract Documents correctable prior to
completion, and to any specific qualifications stated by the Architect); and that the Contractor is
entitled to payment in the amount certified. .
1.2.16 Upon written request of the City, the Architect shall furnish to the City, with reasonable
prompmess, written interpretations of the Contract Documents prepared by the Architect, if, in the
opinion of the City, such interpretations are necessary for the proper execution or progress of the
Work.
1.2.17 The Architect shall render written recommendations, within a reasonable time, on all
claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of This Part of the Project or the interpretation of the Contract Documents.'
1.2.18 The Architect shall assist the City in determining whether the City shall reject Work for
This Part of the Project which does not conform to the Contract Documents or whether special
inspection or testing is required.
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1.2.19 Deleted.
1.2.20 The Architect shall assist the City in preparing Change Orders for This Part of the Project
for the City's approval and execution in accordance with the Contract Documents. The Architect
shall recommend to the City minor changes in the Work not involving an adjustrm;rit in the
Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the
Contract Documents.
1.2.21 The Architect shall assist the City in conducting inspections, with respect to This Part of
the Project, to determine the dates of Substantial Completion and fina1 completion, and shall review
and approve, or take other appropriate action on, the Contractor's list of items to be completed or
corrected and shall forward the list to the City for fina1 disposition. The Architect shall assist the
City in'receiving and forwarding for review written warranties and related documents required by
the Contract Documents and assembled by the Contractor with respect to This Part of the Project.
The Architect shall issue to the City a fina1 certificate in writing with respect to final payment for
This Part of the Project.
1.2.22 If at any time during This Part of the Project the Architect detennines that it is necessary to
provide more extensive representation at the site for the Architect to fulfilI the Architect's
responsibilities at the site as described hereinabove, the Architect shall provide one or more Project
Representatives, as necessary, to assist the Architect. Such Project Representatives shall be
selected, employed and directed by the Architect and shall be billed to the City as additional
o services, not within the scope of services.
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1.3 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless specifically included in the Scope
of Work. They shall, however, be provided if requested in writing by the City, and they shall be
paid for by the City as provided in the Agreement, in addition to the compensation for Basic
Services.
1.3.1 Providing financial feasibility or other special studies.
1.3.2 Providing planning surveys, site evaluations, environmental studies or comparative studies
of prospective sites, and preparing special surveys, studies and submissions required for approvals
of governmental authorities or others having jurisdiction over the Project.
1.3.3 Providing services relative to future facilities, systems and equipment which are not
intended to be constructed during the construction Phase.
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1.3.4 Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information related thereto.
1.3.5 Preparing documents for alternate, separate or sequential bids, or providing extra services
in connection with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase, when requested by the City. ..
1.3.6 Providing coordination of work performed by separate contractors or .by the City's own
forces.
1.3.7 Providing services in connection with the work of a construction manager or separate
consultants retained by the City.
1.3.8 Providing Detailed Estimates of Construction Cost, analyses of owning and operating
costs, or detailed quantity surveys or inventories of material, equipment and labor.
1.3.9 Providing engineering services or special consultants related to interior design services and
other similar services required for, or in connection with, the selection, procurement or installation
of furniture, furnishings and related equipment.
1.3.1 0 Providing services for planning tenant or rental spaces.
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1.3 .11 Making revisions in Drawings, Specifications or other documents when such revisions are
inconsistent with written approvals or instructions previously given, are required by the enactment
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City of Asoen Standard Terms and Conditions - Architectural Services
or revision of codes, laws or regulations subsequent to the preparation of such documents, or are
due to other causes not solely within the control of the Architect.
1.3.12 Preparing Drawings, Specifications and supporting data, and providing other services in
connection with Change Orders to the extent that the adjustment in the Basic Compensation
resulting from the adjusted Construction Cost is not commensurate with the services required of the
Architect, provided such Change Orders are required by causes not solely within the control of the
Architect.
1.3.13 Making investigations, surveys, valuations, inventories or detailed appraisals of existing
facilities, and providing services required in connection with construction performed by the City.
1.3.14 Providing consultation concerning replacement of any Work damaged by fire or other
cause during construction, and furnishing services as may be required in connection with the
replacement of such Work.
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1.3.15 Providing services made necessary by the default of the Contractor, or by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the City or the
Contractor under the Contract for Construction.
1.3.16 Preparing a set of reproducible record drawings showing significant changes in the Work
made during construction, based on marked-up prints, drawings and other data furnish~d by the
Contractor to the City. .
1.3.17 Providing extensive assistance in the utilization of any equipment or system, such as initial
start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance, and consultation during operation.
1.3.18 Providing services after issuance to the City of the final Certificate for Payment, or in the
absence of a final Certificate for Payment, more than sixty days after the Date of Substantial
Completion of the Work.
1.3.19 Preparing to serve or serving as an expert witness in connection with any public hearing,
arbitration proceeding or legal proceeding.
1.3.20 Providing services of consultants for other than the normal engineering services for This
Part of the Project.
1.3.21 Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted engineering practice.
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City of Aspen Standard Terms and Conditions - Architectural Services
ARTICLE 2
THE CITY'S RESPONSIBILITIES
2.1 The City shall, with reasonable promptness, provide all available information regarding the
requirements for This Part of the Project.
2.2 The City shall designate, when necessary, a representative authorized to act in the City's
behalf with respect to This Part of the Project. The City, or such authorized representative, shall
examine documents submitted by the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of the Architect's services. Architect's
invoice shall be for the period ending the 15th day of each month. The invoice should be received
by the Representative no later than the 20th of each month and shall be paid on or before the lOth of
the next month.
2.3-2.7 Are deleted.
2.8 If the City observes or otherwise becomes aware of any fault or defect with respect to This
Part of the Project, or nonconformance with the Contract Documents, prompt written notice thereof
shall be given by the City to the Architect.
2.9 I>eleted.
2.1 0 Deleted.
2.11 The City shall advise the Architect of the identity of other consultants participating in the
Project and the scope of their services.
2.12 The City shall review the Architect's work for compliance with the City's program and for
overall coordination with the City's and other engineering requirements.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost of the Project shall be the total cost or estimated cost to the City of.
all elements of .the Project designed or specified by the City or the City's consultants. The
Construction Cost of This Part of the Project shall be the total cost or estimated cost to the City of
all elements of the Project designed or specified by the Architect.
3.2
The Construction Cost of the Project or of This Part of the Project shall include at current
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City of Asoen Standard Terms and Conditions - Architectural Services
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market rates, including a reasonable allowance for overhead and profit, the cost of labor and
materials furnished by the City and any equipment which has been designed, specified, selected or
specially provided for by the City and, the City's consultants.
3.3 Construction Cost does not include the compensation of the City's consultants, the cost of
the land, rights-of-way, or other costs which are the responsibility of the City as provided in Article
2.
3.4 Evaluations of the City's Project budget, Statements of Probable Construction Cost and
Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's
best judgment as a design professional familiar with the construction industry.
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3.5 If a fixed limit of Construction Cost has been established, the City and the Architect shall
establish, if practicable, a fixed limit of Construction Cost for 1bis Part of the Project. If such a
fixed limit is established, the Architect, after consultation with the City, shall be permitted to
include contingencies for design, bidding and price escalation, to determine what materials,
equipment, component systems and types of construction are to be included in the Contract
Documents with respect to 1bis Part of the Project, and to make reasonable adjustments in the
scope of 1bis Part of the Project to bring it within the fixed limit. If required, the Architect shall
assist the City in including in the Contract Documents alternate bids to adjust the Construction Cost
to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the
Contract Sum related to 1bis Part of the Project occurring after execution of the Contract for
Construction. . .
3.5. I If the Bidding or Negotiation Phase for 1bis Part of the Project has not commenced within
three months after the City receives the Construction Documents any Project budget or fixed limit
of Construction Cost for1bis Part of the Project established as a condition of this Agreement shall
be adjusted to reflect any change in the general level of prices in the construction industry between
the date of submission of the Construction Documents to the City and the date on which bids or
proposals are sought.
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3.5.2 If a Project budget or fixed limit of Construction Cost for This Part of the Project (adjusted
as provided in Subparagraph 3.5.1) is exceeded by the lowest bona fide bid or negotiated proposal,
the City may require the Architect without additional charge, to modify the Architect's Drawings
and Specifications for 1bis Part of the Project as necessary to bring the Construction Cost thereof
within such fixed limit for This Part of the Project. If it was not practicable to ~stablish a fixed
limit of Construction Cost for 1bis Part of the Project, and if the lowest bona fide bid or negotiated
proposal, the Detailed Estimate of Construction Cost or the Statement of Probable Construction
Cost established for the entire Project (including the bidding contingency) exceeds the fixed limit of
Construction Cost of the entire Project, the City may require that the Drawings and Specifications
prepared by the Architect be modified without additional compensation as necessary to make them
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bear a reasonable portion of the burden of reducing the Construction Cost of lbis Part of the
Project so that the fixed limit of Construction Cost for the entire Project is not exceeded. The
providing of such service shall be the limit of the Architect's responsibility in this regard, and
having done so the Architect shall be entitled to compensation for all services performed in
accordance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defmed as the direct salaries of all the Architect's personnel
engaged on the Project, and the portion of the cost of their mandatory and customary contributions
and benefits related thereto, such as employment taxes and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services
and include actual expenditures made by the Architect and the Architect's employees and
consultants in the interest of the Project (to the extent they are reimbursable by the City for the
expenses listed in the following Subparagraphs; provided that Architect shall not be reimbUrsed for
expenses unless prior written approval therefore has been obtained from City.
. 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with
out-of-town travel; long distance communications; and fees paid for securing approvals of
authorities having jurisdiction over the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other
documents, excluding reproductions for the office use of the Architect, the City and the City's
consultants.
5. 1.3 Expense of data processing and photographic production techniques.
5.1.4 If authorized in advance by the City, expense of overtime work requiring higher than
regular rates.
5.1.5 Expense of renderings, models and mock-ups requested by the City.
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City of Asocn Standard Terms and Conditions - Architectural Services
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ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF SERVICES
6.1.1 Payments for Basic Services, Additional Services and Reimbursable Expenses shall be
made on the basis set forth in the Agreement.
6.1.2 The City shall disclose to the Architect, prior to the execution of this Agreement, any
contingent or other special provisions relative to compensation.
6.1.3 The Architect shall submit, in timely fashion, invoices for Basic Services, Additional
Services and Reimbursable Expenses. The City shall review such invoices and, if they are
considered incorrect or untimely, the City shall review the matter with the Architect and confirm, in
writing to the Architect within ten days from receipt of the Architect's billing, the City's
understanding of the disposition of the issue. However, the City shall pay any and all portions of
the invoice which is not incorrect within 10 days of the submission thereof.
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6.1.4 If and to the extent that the Contract Time initially established in the Contract for
Construction is exceeded or extended through no fault of the Architect, compensation for any Basic
Services and additional services required for such extended period of Administration of the
Construction Contract shall be additional service and computed as set forth in the Agreement.
ARTICLE 7
ARCHITECTS ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis
of generally accepted accounting principles and shall be available to the City or the City's
authorized representative at mutually convenient times. '
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Except for reference and coordination purposes in connection with future additions or
alterations to the Work. Drawings and Specitications prepared by the Architect in instruments of
service are and shall be the property of the City whether the Project for which they are made is
executed or not. The Architect shall be permitted to retain copies, including reproducible copies, of
Drawings and Specifications for such information and reference.
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8.2 The Architect shall maintain on file, and make available to the City, design calculations for
This Part of the Project, and shall furnish copies thereof to the City on request.
8.3 Submission or distribution to meet official regulatory requirements, or for other purposes in
connection with the Project, is not to be construed as publication in derogation of the City's or the
Architect's rights.
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