HomeMy WebLinkAboutresolution.council.040-99
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RESOLUTION NO. AD
(Series of1999)
A RESOLUTION GRANTING THE PROFESSIONAL SERVICES AGREEMENTS TO
CHARLES CUNNIFFE ARCHITECTURAL CONSULTANTS FOR THE CITY'S NEW GOLF
COURSE PRO SHOP AND RESTAURANT DESIGN, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council professional services agreement
for design work and preparation of bid package for the new golf course facility project.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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Section One
That the City Council of the City of Aspen hereby approves the above mentioned contractual
agreement between the City of Aspen, Colorado, and Charles Cunniffe Architects, a copy of their
agreement of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement for professional services on behalf of the City of Aspen.
Dated: ~ /2- ,1999.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy f at resolution ad pted by the City Council of the City of Aspen, Colorado, at a
meeting held , 1999.
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RES-990S
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CHARLES CUNNIFFE ARCIDTECTS
.>i. 610E HYMAN
'--'ASPEN CO
S1611
~.SS90
, -925.5076
.fEcroRAL
JrA,'i.970-92U-4.557
WWW.CUNNIFFE.COM
CITY OF ASPEN GOLF FACILITY
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PROJECT NO. 9914
JUNE 4, 1999
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ARCHITECTURE . PLANNING . INTERIORS
ASPEN. CARBONDALE 'TELLURIDE. VAIL
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CHARLES L. CUNNIFFE. AlA
PRINCIPAL/CEO
JANVER C. DERRINGTON, AIA
PRINCIPAL
GARY B. FERGUSON, AlA
ASSOCIATE
GEOFFREY LESTER, RA
ASSOCIATE
JENNIFER E. COHEN
ASSOCIATE
DOUGLAS REINHARDT
ASSOCIATE
ASCENZO DIGIACOMO
ASSOCIATE
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AGREEMENT FOR PROFESSIONAL SERVICES,
This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN;
Colorado, ("City") and Charles Cunniffe Architects. Aspen, Colorado ("Profession:aJ").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
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Scope of Services. Professional shall perform in a competent and profession:aJ manner
the Scope of Services as set forth at Exhibit "A" attached hereto at page 23 and by this
reference incorporated herein.
Comoletion. Profession:aJ 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 profession:aJ skill and care and the orderly progress of
the Work in a timely manner. Upon request of the City, Profession:aJ s.hai1 submit, forthe
City's approval, a schedule for the performance of Professional's services which shall be
adjusted as required as the project proceeds, and which shall include allowances for
periods of time required by the City's project engineer for review and approval of
submissions and for approvals of authorities having jurisdiction over the project., This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded
by the Profession:aJ.
Pavment. In consideration of the work perfoIDied; City shall pay Profession:aJ and its
consultants an aggregate total sum not to exceed $127,665.00 in the event that all Phases
are performed as requested by City. The City shall have the option of asking Profession:aJ
to perform any number of Phases of the Project. Payment shall be based upon the Fee
Proposal, for phases performed. The City shall notify Profession:aJ of phases it wishes to
have performed via formal written Notices to ProCeed. Fees for Basis Service, shall not
, exceed the proposed amounts for each given phase without prior written authorization by
the Owner. (See Schedule "A": Profession:aJ Consultant Fees Breakdown attached hereto
at page 26).
2.
3.
b. Payment shall be in accordance with manpower and pay rates andlor reimbursable
expenses set in Exhibit "B" of this Agreement.
4. Contract Document. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the
provisions
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of another, the provision in the Contract Document listed fIrst below shaH 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 Professional
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Tenns and Conditions for Professional Services.
5. Comnliance With Procurement Code. The Professional acknowledges that this
Agreement is entered into, subject to the requirements of the City of Aspe~ Procurement Code, Title
4, of the Aspen Municipal Code. As such, the Professional agrees to comply with all requirements
of said Procurement Code, and such requirements are incorporated herein by this refereuce (copies
of the code are available upon request to the City for a nominal charge). Professional shall.
immediately notify the City Manager in writing of any violation of said Code by the City's
employees or agents, which violatiort(s) shall be considered a breach of this Agreement. Further,-
failure to notify the City of any v:iolation of the Procurement Code shall be deemed as a waiver of
ilny action or defense that the Professional may have against the City by reason of such violation of
the Procurement Code.
~ 6. Non-Assil!llabilitv. 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
responsihilities or obligations under this agreement. Professional 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
Professional to the extent of the subcontract. The City shaH not be obligated to payor be liable for
~, enIt of any sums due which may be due to any S~b-consul~t(S).
, \. Tennination for Default or for Convemence of City.
a. Tennination by City. The performance of services under this Agreement maybe
tenninated by the City: '
1.
Whenever the Professional 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
of insurance or maintenance of any dangerous condition) after hand-delivery
or mailing to the Professionai 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 Professional:
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The Professional shall not be in default by 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 Professional. 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 Professional. Upon
request of the Professional, 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.
3.
Misperformance by sub-consultant(s) shall not be considered a cause beyond
the control.
b.
Notice of Termination. In the event of termination for the convenience of the City,
the City shall deliver to the Professional 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-dclivery or the date of mailing of the notice, plus
three (3) business days. Tire notice of termination shall be sent regular first-class mail
to the address of the Professional herein provided. The Professional or the City may
terminate this Agreement, without specifying the reason therefor, by giving notice, in
writing, addressed to the other party, Specifying the effective date of the termination.
No fees shall be earned after t:Iie effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports or other material prepared by the Professional
shall become the property of the City. , Notwithstanding the above, Professional shall
not be relieved of any liability to the City for (lamllgessustained by the City by virtue
of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of such damages due the City from the Professional may be determined.
c. Tennination 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
Professional 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 the
performance of work terminated by the notice of termination.
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With the ,approval or rati:tication 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 Pavment. After the effective date of a notice of termination for the
convenience' of the City, the Professional shall submit to the City his termination
, claim in the form of a final invoice in accordance with the provisions in Section 3
hereinabove, including costs incurred and profit to the date of termination (but not for
future profit, which shall not be paid), (lndcosts incurred because of termination,
which termination costs shall noccxceea .10% . of the total amount of proposal;
provided, however, thac in the event of default by the Professional, no extra costs
iucurred because of termination shall be paid to the Professional and any costs paid
shall not' be a waiver of any claim. counterclaim or setoff by the City against the
Professional 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 cermination, unless
one or more extensions are granted in writing by the City. Upon the Professional'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 Professional, if any, and pay the
Professional the amount as determined. -
e.
Termination Settlement. Subject CO Paragraph S.d, the Professional and City may
negotiate the whole or any part of the amount or amounts to be paid, upon termination
for default or the convenlence of the City.
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f. Remedies. The Professional shall have the right of appeal from any determination
made by the City under this termination section; except that if the Professional has
failed to submit his claim within the time provided in Paragraph S.d, above, and has
failed to properly request an extension, he shall have no right of appeal. In any case
wh~ the City, has made a determination of the amount due under Paragraph S.d., or
S.e., above, the City shall pay the Professional: (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 Anneal. If the Professional disagrees with the City's determination under
Paragraphs S.d. or S.e., he can appeal this decision in writing Co the City. Such
appeal must be made in writing within twenty (20) days of receipt in writing of the
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 Professional submits the
dispute to a court of competent jurisdiction.
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8. Covenant Against Continvent Fees. The Professional warrants that slbe has not employed or
retained any company or person, other than'a bona fide employee working for the Professional, Co
solicit or secure this contract, that sllle has not paid or agreed to pay any company or person, other
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than a bona fim; employee, any fee, commission, percenta~e, 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.
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9. Indenendent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as' establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall'be deemed to be, the employee, agent or
servant of the City. City is interested o1jly in the results obtained under this Agreement. The
manner and means of conducting the work are under the sole control of Professional. None of\the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or servants
of Professional. Professional shalI be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
Agreement. Professional shall indemnify City against all liability and loss in connection with; and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein. PROFESSIONAL, 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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10. Indemnification. Professional agrees to indemnify alid hold harmless the City, its
officers, employees, insurers; and self-insurance pool, from and against all liability, claims, and
'demands, on account of injury, loss, or damage, including claims arising from bodily injury,
personal injury, sickness, disease, death, propertY loss or damage, - which arise out of or are in any
manner connected with this Agreement, if such injury, loss, or damage is caused in whole or in part
by, or is claimed to be caused m whole or in part by, the negligent act, omission, error, professional
error of the Professional, any sub-consultant of the Professional, Or any officer, employee,
representative, or agent of the Professional or of any sub-consultant of the Professional, or which
arises out of any workmen's compensation claim of any employee of the Professional or of any
employee of any sub-consultant of the Professional. The Professional agrees to investigate, handle,
respond to, and to provide defense for and defend against, any such liability, claims or demands at
the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse
the CitY for the defense costs incurred by the City in connection with, arty such liaQlllty, claimS, or
demands. The Professional also agrees to bear all other costs and expenses related thereto, illcludmg
court costs and attorney fees, whether or not any such liability, claims, or demands alleged are
groundless, false, or fraudulent. If it is determined by the ~l judgment of a court of competent
jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or
other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the
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portion of the judgment attributable to stich act, omission, or other fault of the City, its officers, or
employees.
11. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability , claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above 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 Professional shal1 not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to Section 6 above by reason of its failure to
procure or maintain insurance, or by reason of its failure to procure or maintain insurance in
sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made
, policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
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(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
~ury, 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.
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(ill) Comprehensive Automobile Liability insurance with m;n;mum 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 ($30o,OOO.OO) aggregate with respect to each Professional's
owned, hired and non-owned vehicles assigned to or used in performance of the Scope of
Work. The policy shall contain a severability of interest provision. If the Professional has
no owned automobiles, the requirements of this Section shall be met by each employee of the
Professional providing servi<;es to the City under this contract.
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(iv) Professional's error & Omissions Liability insurance with the minimum limits
of ONE MIUJON DOLI..ARS ($1,000,000) each claim and ONE MIUJON DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers aTJd employees as additional insureds, ,Every policy required above sba1l be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
, through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury orproperty damage arising from completed operations. The '
Professional shall be solely responsible for any deductible'losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, conditions,
and minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certificate
shall identify this contract and shall provide that the coverages afforded under the policies shall not
be canceled,term;n~t...d or materially changed until at least thirty (30) days prior written notice has
been given to the City.
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(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately tenninate this Agreement, 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.Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this Agreement, 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 Govemmenta11mmllnity 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.
12. City's TnR\!rance. The parties hereto understarid that the City is a member of the
Colorado Intergovernmenta1 Risk Sharing Agency (CIRSA) and as such participlItes in the CIRSA
Property/Casualty Pool. Copies of the ClRSA 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 CmsA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
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14. 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 the Project or if such
programs are not the property of Professional or Sub-consultant, 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 Professional or Sub-consultant to City under the
Contract Bocuments (collectively "Desigil 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 tenn of the Agreement, the Professional shall be responsible
for any loss or damage to the Design Materials, while the Materials are in the
possession o( the Professional or any of its Subcontractors, and any such Design
Materials lost or damaged shall be replaced or restored at the Professional's expense.
The intellectual property rights, if any ,to the contents of or concepts embodied iD the
Design Materials shall belong to the Professional or its Design Sub-consultants in
accordance with their contractual relationship and may be copyrighted by them in the
U aited States or in any other country, or be subjectto any other intellectual property
protection.
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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 Professional 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 Professional or
any third patty 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 Professional or Design Subcontractor whether or not the
Project is consttucted. It is understood that, except as provided in this paragraph, the
Professional 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 Professional's or Design Sub-
consultant's future use; (b) City shall not, without prior written consent of the
Professional or Design Sub-consultant use Design Materials or docnmevtll, in whole
or in part, for the constmction of any other project. If, however, City agrees to
indemnify the owner of the intellectua). property rights against liability arising from
the misuse or incorrect use of Design Materials by City, City shall be entitled to, at
DO additional cost to the City, use such materials and doculJ1et1l'S for additions,
improvements, changes or alterations to the Project after completion. If Professional
is in default under this Contract and the Contract is terminated, City sbaIl be entitled
to use the Design Materials for completion of the Project by others without additional
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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 cqpies 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 lie unique and of commercial value, and the
Professional and its Design Sub-consultants 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 rela.te the strUcture(s) to the Project. Professional and its Design Sub-
consultants shall, however, be free to, use individual features from the Project or
combinations of features in other projects, so long as the Professional complies with
the first sentence of this paragraph. Professional shall include this provision in its
contracts with its Design sub-consultants 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,
Professional shall turn over to City any of the Design Materials referred to in above
which have not yet been submitted to City. Professional 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 Professional temake such delivery as
provided above, Professional shall pay City any damages City may sustain from the
faiiure.
15. Annual Ap-gropriations. If this Agreement is awarded as 'a result of a proposal that
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 JI"mll!1 appropriation of funds
by said governing body and that before providing services or materials for which funds have not
been appropriated.
16. Completeness of A21'eemept. 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.
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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:
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City:
Project Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional: Charles Cunniffe Architects
610 E. Hyman Avenue
Aseen, CO 81611
(970) 925-5590
18. Non-Discrimination: penaltv., No discrimination because of race, color, creed, sex,
maritl!l 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 ewployment. ..
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, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Pr()fessional to which the same may apply and, until
complete perfonnance by Professional of said term, covenant or condition, the City shall be entitled
to invoIre any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
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20. Execution of Al!1'eement bv Citv.Thisagreement shall be binding upon all parties
hereto and their respective heirs, executors, admini.trators, 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 tile Council of the City of
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 amp-MOO, 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 underst.anliing 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.
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Cd) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authoriied officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written:
Dated:
ATTESTED BY:
CITY OF ASPEN, COLORADO:
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By:
WITNESSED BY:
PROFESSIONAL:
Charles C niffe Arch.
By:
Charles L, Cunniffe, AlA
APPROVED AS TO FORM BY:
REVIEWED BY:
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CIty mey
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Project Manager
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The Oi.-ty of .A..ape.n.
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Ci-t;y o:f Aspen.
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CITY OF ASPEN, COLORADO
STANDARD TERMS AND CONDmONS
lNTRODUCTI
FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
(Version AGe-g81)
ON
These standard terms and conditions have been prepared by the City of Aspen to be incorporated by
reference into Agreements entered into between the Citx of Aspen and architects or professioniu
, architectural firms for prof~sional 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 A~ shall take precedence.
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
1.1. GENERAL
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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 services pursuant 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 recommend to the City the obtaining of such investigations, surveys, tests,
analyses and reports as may be necessary for me proper execution of the Architect's services.
1.1.5 The Architect shall provide progress copies of draWings, reports, specifications and other
necessary information to the City and its consultants as designated by the City. All aspects of the Work
designed by the Architect shall be coordinated by the Architect, and the Architect shall also become
farriiliar with the Work designed by the City and its consultants as necessary for the proper
coordination of the Project.
1.1.6 The Architect shall cooperate with the City in determining the proper fee for This Part of the
Project.
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1.2 BASIC SERVICES
The Scope of Work docmnent shall set forth the Basic Services which the Architect has agreed to
perfonn. The Scope of Work may consist of one or more of the following phases. The terms and
conditions set forth below apply to those phases which have been made a part of the Scope of Services.
PLANNING & CONCEPTUAL DESIGN
1.2.1 The Architect sball ascertain the requirements for This Part of the Project and shall confirm
such requirements with the City. . '
1.2.2 The Architect shall re~w 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 of
This Part of the Project based on current area, volume or other unit costs, as directed by the City.
DESIGN DEVELOPMENT (Preliminary & Final Designs)
~ 1.2.4 When authorized by the City, the Architect shall prepare from the Conceptual Designs
approved by the City the Preliminary and Final Design Development Documents and complete
documents, repOltS and criteria. 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
CONSTRucnON DOCUMENTS PHASE
1.2.6 When. authorized by the City, the Architect shall prepare from the Design 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 the Drawings and
Specifications in such format as the City may require.
1.2.7 The Architect shall advise the City of any adjustments to previous StatP.ruP.nt~ of PrObable
Construction Cost of This Part of the Project indicated by changes in r~ or general market
conditions prior to advertisement for bid.
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,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
1.2.9 If required by the City, the Architect shall assist the City's project engineer or project manager
in evaluating bids or negotiated proposals, and in awarding contracts for construction.
CONSTRUCI10N FlELJ) SERVICES - ADMIMSTRATION OF mE CONSTRUCTION CONTRACI'
1.2.10 The Construction Phase will commence with the award of the Contract for CODStrI!Ction and
together with the Arcbitect's obligation to provide Construction Field Services under this Agreement
when llef;lded, will terminate when final payment to the Contractor is due or, in the absence of a final
Certificate for Payment or of such due date, sixty days after the date of Substantial Completion of the
Work, whichever occurs first.
1.2.10.1 When provided in this Agreement and incorporated in the Contract Documents, the Architect
shall assist the City in the Arlmini~tration 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 Constroction. '.
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1.2.10.2 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 fammar with the progress
and quality of the Work for This Part of the Project and to determine if such Work is procerrli"Qg 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.
1.2.10.3 The Architect shall at all times have access to the Work for This Part of the' Project wherever
it is in preparation or progress.
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1.2.10.4 The Architect, based on observations at the site and on evaluations of the Contractor's
Requests for Progress Payment, shall assist the City in determining the amounts owing to the
Contractor for This Part of the Project and shall verify and certify such amounts to the City. Such
certification shall be in writing.
1.2.10.5 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 1.2.10.2 and the data comprising the Contractor's Request for
Progress Payment, the Work for This Part of the Project bas progressed to the point iJulir.ared; that in
the Architect's Professional Engineer's opinion, the quality of such Work is in accordance with the
ContIact Docnm"uts (subject to an evaluation of such Work for conformance with the Contract
Docnments upon Substantial Completion each item for which payment is requested, to the results of
/lilY subsequent tests r6:}uired by or performed under the Contract Doc\1ttle'l\ts, to minor deviations from
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the Contract Documents correctable prior to completion, and to any specific qualifications stated by the
Architect or hislher sub-consulting engineering discipline); and that the Contractor is entitled to
payment in the amount certified.
1.2.10.6 Upon written request of the City, the Architect shall furnish to the City, promptly, written
interpretations of the Contract Documents prepared by the Architect, it, in the opinion of the City, such
interpretations are necessary for the proper execution or progress of the Work.
1.2.10.7 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.
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1.2.10.8 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.
1.2.10.9 The Architect shall review and approve, or take other appropriate action upon, and forward
to the City Jor final disposition the Contractor's submittals such as Shop Drawings, Product Data and
Samples with respect to This Part of the Project; but only for conformance with the, design concept of
the Work and with the information given in the Contract Documents. Such action shall be taken with
reasonable proInptIless so as to cause no delay. The Architect's approval of a specific item shall not
indicate approval of an assembly of which the item is a component. ' ,
1.2.10.10 The Architect shall assist the City in preparing Change Orders for This Pan of the Project
for the City's approval and execution in accordance with the Contract Docmnents. The Architect shall
recommend to the City minor changes in the Work not involving an adjustment in the Contract Sum or
an extension of the Contract Time which are not inconsistent with the intent of the 'Contract
Documents.
1.2.10.11 The Architect shall assist the City in conducting inspections, with respect to This Pan of the
Project, to determine the dates of Substantial. Completion and final completion, and sball 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 final disposition. The Architect shall assist the City in
receiving and forwarding for review written wamnries and related docll""'tltll required by the.Contract
DOClIments and aSsembled by the Contractor with respect, to This Part of the Project. The Architect
shall issue to the City a final certificate in writing with respect to final payment for This Part of the
Project.
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1.2.10.12 If at any time during This Part of the Project the Architect detemIines that it is necessary to
provide more extensive representation at the site for the Architect to ful.till the Architect's
responsibilities at the site as described bereinabove, the Arc1ritect shall provide one or more Project
Representatives, as necessary, to assist the Architect. Such Project RepresentativeS sbaIl be selected,
employCd and directed by'theArchitect, as an additional service under section 1.3.
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1.3 ADDmONAL SERVICES
The following Services are not included in Basic Services unless specifically uicluded 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 pl9nning surveys, site evaluations; environmental studies or comparative studies of
prospective sites, 'and preparing special surveys, studies and submissions required for approvals of
governmeIita1 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.
1.3.4 Providing .services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawfugs 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.
r-- 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.
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1:3.9 Providing consulting engineering :services, engineering consultants as suh-consultants or special
consultants related to interior design services and other similar services required for, or in connection
With, the selection; procurement or installation of furnishings and related equipment.
1.3.10 Providing services for planning tenant or rental spaces.
1.3.11 Making revisions in Drawings, Specifications or other domments when such revisions are
inconsistent With written approvals or instructions previously given, are required by the enactment or
revision of codes, laws or regulations subsequent to the preparation of such docnmP.l1ts, or are due to
other causes not solely within the control of the Architect.
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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. .
1.3;15 Providing services made necessary by the default of the Contra<;tor, 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, Pi>etlariBg a DM III l'epNlllHeiele l'ellllfa MIl'iI'iftgs B:I111w!ftg MgJ';""!!Im llileftglla ill. iIIe iYerk Buill '
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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 maintellB.1lce manna Is, 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, fat 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
finnished in accordance with generally accepted engineering practk:e.
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ARTIn .F. 2
THE CITY'S RESPONSffiII.1T1Es
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 }1roject. The City, or such authorized, representative, shall ~l\mine
docUIlllmtS submitred by the Architect and shall rellder decisions perrnining thereto promptly, to avoid
unreasonable delay in the progress of the Architect's ~rvices. Architect's invoice sbal1 be for the
period ending the 25th day of each month. The invoice should be received by the City's Project
Manager no later than the 1st of each month.
2.8 If me City observes or otherwise becomes aware of any fault or defect with respect to This Part
of the Project, or nonconformance with the Contract Docnments, prompt written notice thereof shall be
given by the City to the Architect.
2.9 The City shall consult with the Architect before issuing interpretations or clariiications of the '
Architect's Drawings and Specifications and shall'request the recommendation of the Architect before
, acting upon Shop Drawings, Product Data, Samples or other submissions of the Contractor, or upon
Change Orders affecting This Part of the Project.
('- 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 tora! cost or estimRtM 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 tara! cost or estimated cost to the City of all elementll of the
Project designed or specified by the Architect. '
3.2 The Con::truction Cost of the Project or of This Part' of the Project shall include at current
market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials
furnished by the City and any equipment which bas been designed, specii1ed. selected or specially
provided for by the City and, the City's consultants.
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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. '
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: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.
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 This 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 detennine what materials, equipment,
component systems and types of construction are to be included in the Contract Documents with respect
to This Part of the Project, and to make reasonable adjustments in the scope of This Part of the Project
to bring it within the fixed limit. If required, the Arcbi.t1lct shall assist the City in including in the
Contract Documents alterna~ bids to adjust the Construction Cost to the fixed limit. Any such, fixed
limit sbal1 be increased in the amount of any increase in the Contract Sum related to This Part of the
Project occuning after execution of the Contract for Construction.
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3.5.1, If the Bidding for This 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 Jor This
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. .
3.5.2 If a Project budget or fixed limit of Construction Cost for This Part of the Project (adjusted as
provided 41 Subparagraph 3:5.1) is exceeded by the lowest bona fide bid, the City may require the
Architect without additional charge, to modify the Architect's Drawings and Specifications for This
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 establish a fixed limit of Construction Cost for This Part
of the Project, and if the lowest bona fide bid, 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 Cos.t of the entire Project, the City may require
that the Drawings and Specifications prepa.redby ,the Architect be modified Without additional
compensation as necessary to make them bear the burden of reducing the Construction Cost of This
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.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined 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.
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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 witb the ,Project; living expenses in connection with
out-of-town travel; long distance colllJIllUlications; 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 when used in connection
with Additional Services. .
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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. ,
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 o~ other special provisions relative to compensation.
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6.1.3 The Architect shall submit, in timely fashion, detailed 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 sball review the matter with the ArchUect 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. ,An,in'iti,alpayment of Fift,een Thousand Dollars ($15,000.00) shall
be due upon,execution of this Agreement and shall be credited to the Owner's account
at final billing for this projeCt,
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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
required for such extended period of Administration of the Construction Contract shall be computed as,
set forth in the Agreement.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
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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
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8.1 Except for reference and coordination purposes in connection with future additions or
alterations to the Work. Drawings and Specifications 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 Speci:fications for such infonnation and reference. The Drawings and Specifications may
be used by the City on other projectS, or for completion of this Project by others.
8.2 The Architect shall maintain on file, and make available to the City, design calculations and
teclmical on non-technical reports 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'!l rights. '
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,EXHIBIT "A"
SCOPE OF WORK
Architectural and Engineering Services for the
City of Aspen Golf Pro ShoplRestaurant/Tennis 8< Parking Lot Facility
The basic services of the Architect and his or her sub-consuitants shall include all services necessary to
complete in a competent and professional manner the work described in the 'Offeror's Proposal. the City's
Request for Proposals, Additional InsttuctiollJl to Offeror's and the following description of complete
professional services in order to complete the construction of City of Aspen Golf Department Pro
ShoplRestaurantlTennis & Parking Lot Facility.
A Notice to proceed will be issued by the City to the Architect fur each phase on an as needed basis as
deemed necessary by the City. The City may elect not to require the Architect to perform any number of
phases. The City sball reimburse the Architect only for actual work perfonncd in an amount not to exceed
the values listed in Exlnbit "B".
The basic services of the Architect sha1l include the following phases as described in the City's SllIndard
Tenus and Conditions for Professional Architectural Servic:esContracts, as amended herein:
PlIASE 1: PLANNING 8< CONCEPTUAL DESIGN
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la.) The Architect will prepare a conceptual design and submit a Land Use Application for review and
approval by Planning & Zoning Commission and City Council
lb.) Code Evaluation - The Architect sha1l evaluate necessary structural, mechanical and electrical systems
fur code compliance along with utility upgrades; drainage analyses; energy, life and safety issues and ADA
requirements. ky testing for various analyses shall be the responsibility of the Architect. The Architect
sha1l submit to the City a report which addresses code compliance concClOll and other analyses' issues or
studies, and conceptual design drawings.
lc.) Coordination of improvements witll adjacent fucilities - The Architect sha1l coordinate with
improvements at Truscott and with entrance to golf coutse off Highway 82. A separate design team is
master planning entire site including tennis courts, hmxsing, parking, entry road and trail connections.
Id.) Include in the design review e:rpansion of existing golf practice fucilities at the new tennis fucility.
Ie.) Work with staff and user groups (Golf & Nordic) in establishing a program which drives the fucilities
design. ,
If) Work witll staff and user groups in identifying potential revenue producing opportunities within the
fitcility.
Ig.) Offer up to three design solutions with probable costs, one of whicl1 sha1l result in a preferred
alternative.
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lh.) Prepare probable' Construction Cost - Architect shall submit a detailed statement of probable
construction cost to the City Golf Director for review and shall make design changes as necessary to keep
the project within established budget The Architect shall be required to submit a statement of probable
ConslIUction Cost along with conceptual designs for staff review and approval.,
lj.) Design team will be required to -,ake conceptual plan through public approval process lIJ1d attend all
meetings associated with the approval process. The costs of attendance in public meetings shall be
subsidiary to planning and conceptual design and shall not exceed the fee allowance for this phase without
prior written authorization by the Owner.
PHASE 2: DESIGN DEVELOPMENT
2a.) Architectural/Engineering Design Services - To include but not limited to the following:
. Elevation drawings including building heights and other dimensions
. ' Site plans with proposed new building, tennis courts, and parking lot
. Drainage plans and Utility plans on I" = 20' mylar basemapping
. Proposed building materials
. Golf cart wash site
. Dumpster site location
. All design shall be prepared from a Colorado PLS stamped survey base map.
2b.) Architect shall advise the City of any adjusnnents to design and shall make design changes necessary
to accommodate the established budget. Architect shall submit a revised statement of probable
construction cost to the City.
2c.) Architect shall be required to submit and present its designs to the City's Planning and Zcning
Commission and City Council for Final PUD amendment approvals.
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2d.) Architect shall make any further changes and revised confidential probable cost statements per any
requirements stipulated by l' & Z and Council as condition of approval.
PHASE 3: CONSTRUCTION DOCUMENTS & BID PACKAGE
3a.) The Architect shall work closely with the City Attorney's office during this phase to coordinate the
dra:fting of any legal documents requisite to be included as part of the Contractor's Contract Documents.
3b.) Civil, structural, electrical and mechanical design documents must be stamped and signed by
professional engineers of corresponding disciplines registered in the State of Colorado.
3c.) The Architect shall provide a confidential statement of probable construction costs in itemized detail
fonn to the City Project Director and the City Engineer, following completion of the final design. The
probable cost statement and/or detailed estimate of construction cost shall not be revealed to public prior to
bid opening.
PHASE 4: BIDDING
4a.) Prepare appropriate bid packets with detailed construction drawings.
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4b.) The Architect shall be required to assist the City in evaluating construction bids and
evaluating proposals and shall assist in awarding and preparing contracts for construction.
PHASE 5: CONSTRUCTION FIELD SERVICES
Sa.) The design team will hold pre construction meetings with construction firm, city
staff and project coordinator to coordinate and review construction sequences, activities
and schedule, and other required subprittals.
Sb.) The Architect shall assist the City in the approval and monitoring of the contractor's
construction schedule.
Sc.) The Architect 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, including review of any
shop drawings but its sub consultants. All change orders must be approved by the City
prior to any changes being done.
5d.) The Architect shall review the contraCtor's request for progress payments and certify
in writing to the City any deternrined amounts owed to contractors.
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PHASE 6: PROJECT CLOSURE & PREPARATION OF RECORD
DOCUMENTS & W ARANTEES
6a.) Architect shall be required to submit any drawings or documents necessary for final
plat submission filing with County Clerk and record Architectural and all Engineering
drawings. '
6b.) Please list the rate at which various professional services will be charged out for any
work not identified in the scope of work. See Exhibit B attached hereto at page 27.
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6c.) ?leaSe listreimbursables not appli'Cableto the original proposal. lVlliteoals and labor
required to construct a detailed presentation model of the Golf Facility, if requested by
the Owner, shall be an Additional Service and contracted for separately from this
Agreement. A white foamboard study model of the Golf Facility will be provided as part
of Basic Service.
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CRAltLllS CUNNIFFll ARCHITECTs
610 E HYMAN
ASPEN CO
It6JI
~970"925"'"90
. 'SCImV!l
X970-W.S076
, .dCHIl'l!C1'llU
PAX970.92Il.~7
WWW.CUNNIPPE.COM
EXHIJ3IT B
SCHEDULE OF HOURLY RATES
AND
REIMBURSABLE EXPENSES
Total project charges are based on hourly rates for personnel and for
reimbursable expenses as follows:
HOURLY RATES AND PERSONNEL EXPENSES
f"
, PRlNClPAL
SR. PROJECT ARCHlT.l!CT
/MANAGER
PROJECT ARCBlTECT
INTERIOR DESIGNER
PROJECT MANAGER
JOB CAPTAIN / DESIGNER
DRAFTER
ADMINISTRATIVE
$135.00 / hour
115.00 / hour
85.00 / hour .
85,00 / hour
75.00 / hour
65.00 / hour
55.00 / hour
45.00 / hour
REIMBURSABLE EXPENSES
PRlNTS, PHOTOCOPIES, POSTAGE 1.2x ac:tual cost
FAX TRANSMISSIONS, LONG DISTANCE TELEPHONE
OUT OF ,!:OWN LIVING EXPENSES, COMMERClAL CA RIHEll
VE.BICLE AND EQUIPMENT RENTAL AND MISCELLANEOUS EXPENSES
AUTOMOBILE MILEAGE
$.30 / mile
PAYMENT POllCY
Payment shall be due in full within fifteen (15) days of invoice billing date, Any
outsnndillg balance due at the end of fifteen (15) days shall be subject toa r.5"fi, inten:st
charge compounded DlOIl~y (18% annual rate), If payment is not received. within thirty
(30) days, Cbarles CIIJlJliffe Architects reserves the right to begin lien prDa'..n>1lgl'. In
the event legal conuseJ is required for collection purposes, the Owner shall also be IiahJe
forreasonable attorney fees, court costs, and all other reasonable expeDSes incu.rred in
connection with collection..
o
27
ARCHITECTURE . PLANNING' INTERlORS
ASPEN ' CARllONDALE . TELLURIDE . VAlL
~.
~~
CIUJU..:ES 1.- CtJNNJFFS, .AlA
PJUNCIPAL/CEO
1ANVER C. DJmR.lNGTON, AlA
PRlNClPAL
GARY B. FERGUSON', AlA
ASSOClA'tS
GEOFFREY LESTER, RA
ASSOCIA'tS
JENNIFER. E. COHEN
ASSOCJATJ:
DOUGLAS REINHARDT
ASSOCIATE
ASCENZO DIGIACOMO
ASSOCIATE
May-07~99 07:49A MARTIN DESIGN
, ..
P.03
.
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NTl\RT11\T
design inc.
The foUowing is a list of our Hourly Revisions and Reproduction & Reimbursable prices
that arc, used after the contract scope bas bccn completed:
ijOVRL Y REVISIONS
If, after the initial drawings are completed and approved, changes are requested requiring
additional time or major revisions are required after significant work is completed,
significantly increasing :MD's hours required to complete the project, tbi.s time v\lill be billed
at an hourly rate. The hourly rates are as follows: Forty-Five Dollars ($45.00) an hour for
drafting, Shay-Five Dollars ($65.00) an hour for project engineering, and Ninety DOUaIS
($90.00) an hour for principal engineering.
REPRODUCTION & REIMBURSABLES
Included in the professional fees, MD will provide three (3) stamped sets for submittal to the
building department. review sets for the Client and Architect, and two (2) additional sets or
one (1) reproducible vellum set. Additional sets generated by MD' will be charged
according to the table below. Additional sets generated by an outside reproduction service
r", will be billed as a reimbursable expense. Additional expenses incurred, suCh as postage,
messenger service and overnight service (i.e. Federal Express, Express Mail, etc.) will be
billed as a reimbursable expense. All reimbursable expenses will be invoiced to the Client
at US the incurred expense.
MD REPRODUCTION RATES
24x36 Bond Copies:
30x42 Bond Copies:
24x36 Vellum Reproducible:
3Ox42 Vellum Reproducible:
$1.25 ea
$2:00 ea
$6.00 ea
$9.00 ea
r-.
1360 So. C1tu1u"" S< . Om1m'. CO 802JO
(303)J#-7R3,9'FA~Receive'd lime MaY. 7. 8:54AM
28
0105 Eduntnis Willig.. On",' . 51d", l;:204
J~O. Box 2448' EdUNn'ds,CO 81632
(970) 926-J045' FAX (970) 926-5782
of ( \, If"
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, HOURLY RATE SCHEDULE '
'. 1 '.
l'riiteipSl (multi.-diJdplillC) $12s.oo '
~n~.1 " . $11ll~
. seMor F.~"$91-:OO
, ProieCt EDemeer $ 80.00
Ellgineer , S 70.00
COlJIJawrieatiaa CoosliltaJlt S 70.00 .
JUnior EDgiueer I $ 59.00
SeJijor ~ $ 59.00
Junior Designer . .$ 50.00'
CADI> ])i.rectUr ' S 59.00
SeaWr.CADD Operator: $ 48..00
CADD Operator $ 38.00
" A,tmi1li!ltra~e S 3~OO
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Received Time MaY. 6. 9:56AM
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GANZE
CONSULTING
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s"ilcl9S ,"
GaIdai. ~'O3040l.. '
;' Mo\ 218-38Zi1 :"
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srmn11l!m1l GOllDON ~ JNC.
ENC1NBBBlNG AND lJll1lYEBNG
FEE SUlJfJ,JIlLE. Mizv. 1",
,iPRfNciPAL ENGINEER ...,........................................... $ 95.00
ESENIOR ENGINEEFI,................................................. $00.00
'!ReGISTERED ENGINEER.......... .,................................... $70.00
'ENGINEERING PROJECT MANAGER. , . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . " $ 70.00
'll::XPI:Hl' '1 CSIlMONY .... .. :... ... .. . . ., . . . ...... . . . ... .... . .. .,.. . .. " $150.00
".PLANNlNG'ENGlNEER.,."...... .'................, ............... .... $ 70.00
:CADD DESIGN .,.............................,...................... $ 6'0.00
:DESIGN ENGINEER.. . . . . . . . , . . . . , . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . .. $ 60.00
iCJ\DD D~G .........,...............................,......... :; 00.00
:.ReD ENGINEER.,...............................,................. $55.00
: RESIDENT PROJECT MANAGER. . . . , .. . . . . . . , . . . , . . . . . . . . . . . . . . .. . . . . .. $ 45..00
\WORD PROCESSOR .,.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 35.00
:Cl..ERICAL ......,....,..,. . . . . . . . . , . . , . . . . . . . . . . . . , . , . . . . . . . , . . . . . . ' $ 36..00
SURVEY MANAGER.....,.. ,..... ................................ .. .. $ 86.00
:,bAOD SURVEY CALCULATIONS ............,............,....,.......... $ 55.00
:TI-lREE-MAN SURVEY PARTY ........................,................. $130.00
: THREE-MAN SURVEY PARTY (OVERT1ME) ................... , . . . . . . . $195.00
:TWO-MAN SURVEY PAFrrY ......................... . .... ..... . .... . . .. $110.00
, iWo-MAN SURVEY FARlY (OVERTIME) ......."...............;... $1.66..00
'ONE-MAN CREW (GPS) . . . . . . . . . . . __ . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00
RBMBURSABIB;
Eauiu.......l. Rate
, ' Vehicle ~ ............ ............ ..... ........... ...... $O.35/miIe
:l3eoro~ .
Bluepdnling ...........,.,.,............................... $O.SO/sq.ft.
Mylars .........................,.............,....,...... $2.OOIsq.1t.
Photocopies . ... . ... . ..... . .. . . . .... , . .. .... .. .. .. . .. . .., .. $O.10/page
, 'Plots
Black & While ... . .., . . .." . ., . .. ............... ...... " .. ... $.5OIsq.it
Mylar .........,..............."......................... $1.6&'sq.1t
Color ...........,.,........ '. . . . . , . . . . . . . . . . . . . . . , . . . . . . .. $3.33fsq.fl '
.' '
~aus
,10% wBl be added to all out-Qf-pocket ~, includ'mg spacittI wllsullanls, subcontracts,
laboratory tests, lodging, meaIs, 12lephone and direct printing expense.
1ellSClll1S9
MAY1S99.GWS
30
:seIllIiU=.eIl GOIlDOH Mtm:fI. INC.
R e c e i v e d Tim e MaY. S. 1 0 : 5 SAM
,
... "",...
.
~
~
. GREG M-oZIAN AND ASSOCIATES, INC. .
Landscape Arcp.itecture . Environmental Planning
Our' hourly rates, are as follows:
Principal
Associates/Design
Site Visit/Meeting
Rendering
Drafting
Clerical
Travel
('
'~"
/
31
$90.00
$75.00
$60.00
. $60.00
$50.00
$40.00
$40.00
\
. 117 S. Spring Street. St.. 2B . Aspen. CO 81611 . (970) 925-8963 '.
ENGINEERS
SURVEYORS
>
(970) 925-6727
FAX (970) 925-4157
::lG
M
SCHMUESER
GORDON MEYER
P,O, Box 2155
Aspen, CO 81612
June 2, 1999
Mr. Janver Derrington
CHARLES CUNNIFFE ARCHITECTS
610 E. Hyman Ave.
Aspen, CO 81611
RE: Revised Fee Prooosal for Enaineerina Services for the City of Asoen Golf Pro Shoo /
Restaurant Facilitv
Dear Jan:
I am writing in follow-up to our meeting of Tuesday morning with Aspen City Engineer Nick Adeh,
Recreation Director Tim Anderson and Goif Director Steve Aitken regarding the City of Aspen's
Request for Proposals (RFP) for architectural and engineering services associated with a new pro
shop and restaurant facility at the municipally owned golf course. During that meeting, Nick and
Tim indicated that most of the general site improvements including, particularly, site grading .and
overall drainage design was to be undertaken by a separate consultant team led by the firm DHM
Landscape Architects. That consulting firm, as I now understand it, is doing the planning and
design for the overall Truscott housing site, highway entry, parking area and tennis facilities as
well as overall grading, drainage and landscape design for the entire site. It is also my
understanding that they will be taking the lead role in the land use review process for the overall
site including the new golf course pro shop.,
You also brought a copy of a new base survey for the site by Sopris Engineering that would
appear to address most of the base mapping needs for the site which we had included as an
optional service by our firm. Based on these discussions, I have revised our anticipated task list
and reiated fee proposal to eliminate the survey item and to reduce our other tasks anticipating
that we will not need to provide site grading and site drainage design and also that our
involvement in any land use review process should be minimal and would be in support of the
overall "master plan" concept being presented by DHM.
General AssumDtlons
Our proposal is still based on a few general assumptions as follows:
1. I understand that a new sewer trunk line is in a design process for installation through the
site area. We have not anticipated any significant participation in the trunk line
replacement project as part of this proposal.
,
2. The RFP for the pro shop did not indicate the project will require any mainline utility
118 West 6th, Suite 200' Glenwood Springs, Colorado' (970) 945-1004
".
,
June 2, 1999
Mr. Jan Derrington
Page 2
design or construction. Based on limited conversations with Aspen Consolidated
Sanitation District Superintendent Tom Bracewell, it is also my understanding that there
may be other utility conflicts associated with the pro shop site and sewer service to
Truscott Place. Again, for purposes ofthls proposal for services, we have not anticipated
that the project will require water, sewer or storm drainage main extensions or major
relocations.
3. Phase 6, Rnal Development, made reference to a requirement for a Final Plat. Insofar as
we are not aware that this project would entail a subdivision of the City of Aspen Golf
Course property, we have not anticipated preparation of a Final Plat defining new
boundary conditions as part of our scope of services.
4. The City of Aspen has extensive Contract, document requirements for construction
projects. We have assumed that the City of Aspen would provide the most current set
of their Contract for Construction and General Conditions for the project documents.
Other than the changes noted above, our general scope of services for the City of Aspen Golf
Course Pro Shop project would remain as outlined in our original proposal of JanuarY 27, 1999.
I would continue to note that we have anticipated allowances for review process tasks that I have
reduced fOr purposes of these new figures but which remain estimates as outlined in our original
proposal.
Fee Proposal
Our anticipated fees for the City of Aspen Golf Course Pro Shop and Restaurant project are
amended as follows:
1. Plannina and Conceptual Desian (Phase 1 ): $6,500.00
2. Desian Development (Phase 2): 5,000.00
3. Construction Documents & Bid Packaae (Phase 3): 3,500.00
4. Biddina (Phase 4): 1,500.00
5. Construction Administration (Phase 5): 5,000.00
6. Final Develooment (Phase 6): 1.500.00
, Total (including topset and estimated fees) $23,000,00
SCHMUESER GORDON MEYER, INC.
<
,
r,
June 2, 1999
Mr. Jan Derrington
Page 3
Thank you for the opportunity of providing this amended proposal for engineering services
associated with the City of Aspen Golf Course Pro Shop and Restaurant project. I hope you find
these comments and ,amended figures responsive to our meeting of June 1 sf. Please feel free
to contact me if you require further information or detail.
Very Truly Yours,
SCHMUESER GORDON MEYER, INC.
N~ '- ~
Jay . Hammond, P.E.
Principal, Aspen Office
JH/Jh GCPSPA2
SCHMUESER GORDON MEYER, INC.