HomeMy WebLinkAboutresolution.council.053-99
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RESOLUTION NO. J)~
(SERIES OF 1999)
A RESOLUTION GRANTING THE ARCHITECTURAL SERVICES AGREEMENT TO
DHM DESIGN CORPORATION, FOR THE CITY'S SITE PLANNING SERVICES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF
OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract.between the City
of Aspen, Colorado and DHM Design Corporation, a copy of which contract is annexed hereto
and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the contract between
the City of Aspen, Colorado, and DHM Design Corporation, regarding the site planning
services, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said contract on behalf of the City of Aspen.
Dated:
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,1999.
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the ity Council of the City of Aspen,
Colorado, at a meeting held , 1999.
~CitYa~
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The City Of Aspen
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and DHM Design Corporation, 580 Main St., Suite 110. Carbondale.
Colorado ("Consultant").
For and in consideration of the mutual covenants contained herein. the parties agree as follows:
1. Scope of Services. Consultant shall perform in a competent and professional manner
the Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Consultant shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Consultant shall submit, for the City's approval, a schedule for the
performance of Consultant'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
Consultant.
3. Payment. In consideration of the work performed, City shall pay Consultant SIXTY-
ONE THOUSAND SIX HUNDRED SIXTEEN DOLLARS ($61.616) in the event that all Phases are
performed as requested by City. The City shall have the option of asking Consultant to perform any
number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases performed.
The City shall notify Consultant of phases it wishes to have performed via formal written Notices to
Proceed. Fees including any additional services or reimbursable expenses be paid on a percent
complete on a monthly basis.
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions of
another, the provision in the Contract Document listed first below shall govern, except as otherwise
specifically stated:
a.
b.
Agreement
Request for Proposals & Scope of Services
Proposal/Cost estimate and attachments, including all written
c.
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d.
e.
f.
representations of Consultant
Instructions to Proposers
Supplemental Conditions, if any
City's Standard Terms and Conditions for Professional Consultantural Services.
5. Compliance With Procurement Code. The Consultant 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 Consultant 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). Consultant shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procurement Code shall be deemed as a waiver of any action or defense that the
Consultant may have against the City by reason of such violation of the Procurement Code.
6. Non-Assignabilitv. 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 Consultant of any of the responsibilities or
obligations under this agreement. Consultant 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 Consultant 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 for Default or for Convenience of Citv.
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1.
Whenever the Consultant 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 Consultant 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 Consultant.
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The Consultant shall not be in default be reasons of any failure in performance
of this Agreement in accordance with its terms if such failure arises out of
causes beyond the control and without the fault or negligence of the Consultant.
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 Consultant. Upon request of the Consultant, the City
shall ascertain the facts and failure, and, if the City shall determine that any
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failure to perform constituted a valid commercial excuse, the performance shall
be revised accordingly and notice of default withdrawn; or
2.
Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b.
Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Consultant a written notice of termination, specifying the
reasons therefor, and the effective date of such termination. The effective date shall not
be earlier than the date of hand-delivery or the date of mailing of the notice, plus three
(3) business days. The notice of termination shall be sent regular first-class mail to the
address of the Consultant herein provided. The Consultant or the City may terminate
this Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees
shall be earned after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Consultant shall become the
property of the City. Notwithstanding the above, Consultant shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Consultant, and the City may withhold any payments to the
Consultant for the purposes of set-off until such time as the exact amount of such
damages due the City from the Consultant may be determined.
c. Termination Procedure. After the effective date of the notice of termination for default
or for the convenience of the City, unless otherwise directed by the City, the Consultant
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.
4. With the approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in part in accordance with this Agreement.
d.
Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Consultant 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), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, however, that in
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the event of default by the Consultant, no extra costs incurred because of termination
shall be paid to the Consultant and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Consultant on account of any default.
Such claim must be submitted promptly, but in no event later than thirty (30) days from
the effective date of termination, unless one or more extensions are granted in writing
by the City. Upon the Consultant'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
Consultant, if any, and pay the Consultant the amount as determined.
e.
Termination Settlement. Subject to Paragraph 5.d, the Consultant and City may
negotiate the whole or any part of the amount or amounts to be paid, upon termination
for default or the convenience of the City.
f.
Remedies. The Consultant shall have the right of appeal from any determination made
by the City under this termination section; except that if the Consultant has failed to
submit his claim within the time provided in Paragraph 5.d, above, and has failed to
properly request an extension, he shall have no right of appeal. In any case where the
City has made a determination of the amount due under Paragraph S.d. or S.e., above,
the City shall pay the Consultant: (1) the amount the City has determined if there is no
right of appeal or if timely appeal has been taken, or (2) the amount finally determined
on such appeal if an appeal has been taken.
g.
Method of Appeal. If the Consultant disagrees with the City's determination under
Paragraphs S.d. or 5.e., he can appeal this decision in writing to 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 Consultant submits the dispute to a
court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Consultant warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Consultant, to solicit
or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. For a breach or violation of
this contract without liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
9. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Consultant 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 Consultant 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 manuer and means of conducting the
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work are under the sole control of Consultant. 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 Consultant. Consultant shall be solely and
entirely responsible for its acts and for the acts of Consultant's agents, employees, servants and
subcontractors during the performance of this contract. Consultant 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 Consultant and/or Consultant's employees engaged in the
performance of the services agreed to herein. CONSULTANT, 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 TIDS AGREEMENT.
10. Indemnification. Consultant agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including 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 contract, if such injury, loss, or damage is caused in whole or in part by, or is
claimed to be caused in whole or in part by, the negligent act, omission, error, Consultant error of the
Consultant, any subcontractor of the Consultant, or any officer, employee, representative, or agent of
the Consultant or of any subcontractor of the Consultant, or which arises out of any workmen's
compensation claim of any employee of the Consultant or of any employee of any subcontractor of the
Consultant. The Consultant 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 Consultant, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. The Consultant also agrees to bear all
other costs and expenses related thereto, including court costs and attomey fees, whether or not any
such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the
final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in
whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City
shall reimburse the Consultant for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
11. Consultant's Insurance. (a) Consultant 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 Consultant 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 Consultant shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,
or types.
(b) Consultant shall procure and maintain, and shall cause any subcontractor of the Consultant
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
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o continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Consultant pursuant to Section 8 above. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory
minimums. Evidence of qualified self-insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOllARS ($300,000.00) each occurrence and SIX
HUNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy shall be applicable
to all premises and operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent contractors, products, and
completed operations. The policy shall contain a severability of interests provision.
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(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than THREE HUNDRED THOUSAND
DOllARS ($300,000.00) each occurrence and THREE HUNDRED THOUSAND DOLLARS
($300,000.00) aggregate with respect to each Consultaut'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 Consultant has no owned automobiles, the
requirements of this Section shall be met by each employee of the Consultant providing
services to the City under this contract.
(iv) Consultant Liability insurance with the minimum limits of TWO HUNDRED
FIFTY THOUSAND DOLLARS ($250,000) each claim and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that provided
by Consultant. No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The Consultant
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 Consultant'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
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canceled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Consultant to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Consultant to City upon demand, or City
may offset the cost of the premiums against monies due to Consultant from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers, or its employees.
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12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Consultant for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Consultant reasonable notice of any changes in its membership or participation in CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's State
of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is 84-
6000563.
14. Ownership of Desigll Materials and Documents.
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 Consultant 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 Consultant 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 Consultant shall be responsible for any loss or damage to the Design Materials,
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while the Materials are in the possession of the Consultant or any of its Subcontractors,
and any such Design Materials lost or damaged shall be replaced or restored at the
Consultant's expense. The intellectual property rights, if any, to the contents of or
concepts embodied in the Design Materials shall belong to the Consultant 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
Consultant 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 Consultant 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
Consultant or Design Subcontractor whether or not the Project is constructed. It is
understood that, except as provided in this paragraph, the Consultant 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 Consultant's or Design Subcontractor's future use; (b) City shall not,
without prior written consent of the Consultant or Design Subcontractor use Design
Materials or documents, in whole or in part, for the construction of any other project. If,
however, City agrees to indemnify the owner of the intellectual property rights against
liability arising from the misuse or incorrect use of Design Materials by City, City shall
be entitled to, at no additional cost to the City, use such materials and documents for
additions, improvements, changes or alterations to the Project after completion. If
Consultant is in default under this Contract and the Contract is terminated, City shall be
entitled to use the Design Materials for completion of the Project by others without
additional compensation, or a release, indemnification or other action by City; (c) Any
reproduction of the Design Materials or part of them shall be faithful and accurate to the
original and of good quality; (d) City shall not remove or alter, and shall reproduce and
prominently display on all copies made by City, the copyright notice and other
proprietary legends appearing on the Design Materials when delivered to City. The
restrictions set forth in (c) and (d) above shall be imposed by City on any third party to
whom the City allows to display or publish the Design Materials.
c.
It is understood that City considers the Project's aggregate Consultantural expression
(that is, the overall combination of the Project's visually apparent design features) and
any distinctive individual features, to be unique and of commercial value, and the
Consultant and its Design Subcontractors agree not to design or build, or allow other
third parties the use of the Design Materials to design or build another structure(s)
having a substantially similar Consultantural expression so that an average person
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would relate the structure(s) to the Project. Consultant and its Design Subcontractors
shall, however, be free to use individual features from the Project or combinations of
features in other projects, so long as the Consultant complies with the first sentence of
this paragraph. Consultant shall include this provision in its contracts with its Design
subcontractors and provide copies of these agreements to City.
d.
As of the conclusion of the Project, or in the event of termination of the Agreement,
Consultant shall turn over to City any of the Design Materials referred to in above
which have not yet been submitted to City. Consultant 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 Consultant to make such delivery as provided above,
Consultant shall pay City any damages City may sustain from the failure.
15. Annual Ap1?ropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis.
It is understood that payment under any agreement is conditional upon annual appropriation of funds
by said governing body and that before providing services or materials for which funds have not been
appropriated.
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16. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Consultant:
Laura Kirk
DHM Design Corporation
580 Main St.. Suite 110
Carbondale, CO 81623
18. Non-Discrimination; penaltv. 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. Consultant agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, 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 Consultant to which the same may apply and, until complete
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AGl-981
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o performance by Consultant of said term, covenant or condition, the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
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20. Execution of A~eement bv Citv. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly
executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City 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, provlSlons,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
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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 three copies each of which shall be deemed an original on the
date hereinafter written.
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Dated: -? .e 7 /1f /999
ATTESTED BY: CITY OF ASPEN, COLORADO:
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By:
WITNESSED BY:
CONSULTANT:
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BY:~~~
APPROVED AS TO FORM BY:
REVIEWED BY:
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City ttorney
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Project Manager
JPW-OSI19/99-M:\city\cityatty\archlagl-981.doc
AGI-981
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SCOPE & FEE SUBMITTAL
T"$cott HousingJPlum Tree Golf Course
ilesign
Client: Aspen Housing OfficelAspen Parks Department
Firm: DHM Design Corporation
Job No.: 98314-00
Fee Summary
Conceptnal Design
1.0 DHM Design Corporation
2.0 Sopris Engineering - See attached scope*
3.0 Charlier - See attached scope
Conceptual PUD
1.0 DHM Design Corporation
Fees for other consultants to be negotiated as
needed after completion of Conceptual Design.
Discipline
PlanningILA
Civil Engineer
Transportation
Total
PlanninglLA
Total
Date:
Revised:
3/1199
611199
Labor Misc. Exp. Total
$33,233 $997 $34,230
$6,000 At 1.1 *cost $6,000
$6,974 $375 $7,349
$46,207 $1,372 $47,579
$8,688 $261 $8,949
$8,688 $261 $8,949
Sopris Engineering Services to include preliminary layout and sizing of all major utilities including sewer, water, storm, and
electrical. Coordination wi utility companies to determine sizing and wi consultants to determine optimum routings
based on new site plans is also included. Preliminary layouts will serve as the basis for cost estimating.
.~
!
a Center Design
1.0 DHM Design Corporation
o
PlanningiLA
Total
$4,940
$4,940
$148
$148
$5,088
$5,088
Itemized Summary Title Rate Hours Total
1.0 DHM Desigu Corporation
r~Conceptual Design
Labor
1.1.1 1st Team Meeting - 3/16/99 Sr. Priucipal $110 $0
Participate in workshop on-site with Project Project Mgr./Principal $85 8 $680
Team to establish parameters of work and Staff La $52 $0
discuss programming needs for various entities. Task Sub-Total $680
DHM to notity consultants of meeting, prepare
meeting agenda & schedule, and run workshop.
Includes one coordination meeting w/ Sopris.
1.1.2 Transportation Meeting - 3/24/99 Sr. Principal $110 $0
Arrange meeting with City Staff, Charlier Project Mgr./Principal $85 5 $425
Associates, and DHM in Aspen to discuss major Staff La $52 $0
transportation issues. Set scope for transportation Task Sub-Total $425
consultant and discuss preliminary solutions for
Highway 82 intersection.
1.1.3 2nd Team Meeting - 4/30/99 Sr. Principal $110 $0
Participate in workshop on-site with Project Project Mgr./Principal $85 12 $1,020
Team to review & solidity programming needs for vario Staff La $52 $0
entities. DHM to coordinate meeting w/ City Staff Task Sub-Total $1,020
& consultants, prepare meeting agenda & revised
schedule, and run workshop. Includes two
~coordination meetings with Ted Guy Associates.
Significant additions to the site program after this workshop
will result in additional services (Le. another Youth Center)
1.1.4 Base Map Preparation
Prepare base information for consultant use. Sr. Principal $110 $0
Establish project schedule and coordinate w/ Project Mgr./Principal $85 4 $340
consultants. Gather information for dissemination Staff La $52 8 $416
to consultants. Survey to be provided by City. Task Sub-Total $756
1.1.5 Site Alternatives Sr. Principal $110 $0
Prepare 2 site alternatives based on program Project Mgr./Principal $85 140 $11,900
from City & other team members. Coordinate work Staff La $52 40 $2,080
efforts w/ other team members. Includes two meetings Task Sub-Total $13,980
w/ Cunniffe; three w/ Guy; and four with City Staff.
City reviews/workshops at 50% & 90% complete w/
project managers. Meetings also to include one workshop
w/ Planning & Zoning on May 18th (no drawings to be
presented at this meeting).
Products:
Two hard-lined hand rendered site plans
Two illustrative/rendered site cross-sections per alternative
~. Four sketches/vignettes IIxl7 per alternative
1.1.6 Cost Estimating Sr. Principal $110 $0
DHM will prepare a conceptual level cost Project Mgr./Principal $85 16 $1,360
estimate. The cost estimate will be broken into StaffLa $52 24 $1,248
~hases consistent with anticipated construction Task Sub-Total $2,608
. )rojects. Cost estimating efforts will be coordinated
with other team consultants. Sopris Engineering
will provide most of information for site costs based
on historical information with DHM providing
quantities and landscape costs (trees, shrubs, play equip. etc.)
1.1.7 Public Meetings Sr. Principal $110 4 $440
Prepare for and attend I public meeting with Project Mgr.lPrincipal $85 8 $680
neighborhood groups. Facilitate meetings & gather Staff La $52 $0
information from constituents. Task Sub-Total $1,120
1.1.8 Pnblic Meetings Sr. Principal $110 4 $440
Prepare for and attend one joint Planning & Zoning, Project Mgr.lPrincipal $85 8 $680
& City Council Meeting to present two design Staff La $52 $0
altematives. Drawings presented for neighborhood Task Sub-Total $1,120
meeting will be used for this meeting as well.
1.1.9 3rd Team Meeting Sr. Principal $110 $0
Review input from neighborhood meetings. Project Mgr./Principal $85 8 $680
Develop one scheme to refme into preferred Staff La $52 $0
conceptual alternative. Discuss phasing Task Sub-Total $680
:options as they relate to cost estimating.
Coordinate meeting with other consultants, prepare
:--\agenda, run workshop.
1.2.0 Final Preferred Conceptual Alternative Sr. Principal $110 $0
Prepare one final conceptual alternative for Project Mgr./Principal $85 80 $6,800
PUD submittal in accordance w/ guidelines. One Staff La $52 32 $1,664
meeting w / City Staff prior to submittal to review Task Sub-Total $8,464
fmal plan. No other presentations are anticipated.
Final plan to be based on input from public process.
Includes revised cost estimate to match fmal alternative.
Significant design changes to final alternative after 3rd Team
Meeting will result in additional services.
Revised Products:
Hard-lined hand rendered site plans
Two illustrative/rendered site cross-sections
Four sketches/vignettes II x 17
1.2.1 Coordinate Conceptual PUD Drawing Application Sr. Principal $110 $0
Coordinate & assemble consultant drawings for Project Mgr./Principal $85 16 $1,360
Conceptual PUD application. StaffLa $52 $0
Task Sub-Total $1,360
1.2.2 Submit Final Conceptual Plan Sr. Principal $110 $0
r".. Respond to staff questions for further clarification. Project Mgr.lPrincipal $85 12 $1,020
Staff La $52 $0
Task Sub-Total $1,020
Labor Total $33,233
1.2 Miscellaneous Expenses
1.2.1 Miscellaneous expenses including reproductions,
prints, delivery charges, photocopies, etc. to be billed
~at our cost plus 10 percent. Per the agreement travel
. ",ill not be billed. Expense costs not to exceed 3% of
labor costs.
$996.99
Phase I -DHM Total
$34,230
· Assumes City of Aspen Staff to prepare all written application infonnation for Conceptual PUD application.
~
1""'""'.
Itemized Summary
Conceptual PUD Approval Process Services
1.0 DHM Design Corporation
.r-'\
Labor
L.. Public Meetings
DHM will attend 4 public meetings: 2 P&Z,
and 2 City Council. DHM will prepare agendas for and
facilitate meetings and respond to questions as
appropriate. No additional drawings are anticipated.
1.1.2 Design Services
Significant changes to the Preferred alternative
will be billed on an hourly basis
or for a fixed fee to be negotiated as required.
Title
Sr. Principal
Project Mgr./Principal
Staff La
Task Sub-Total
Sr. Principal
Project Mgr./Principal
Staff La
Task Sub-Total
Rate
$110
$85
$52
$110
$85
$52
Hours
Total
12 $1,320
32 $2,720
$0
$4,040
$0
40 $3,400
24 $1,248
$4,648
$8,688
Labor Total
1.2
1.2.1
Miscellaneous Expenses
Miscellaneous expenses including reproductions,
prints, delivery charges, photocopies, etc. to be billed
at our cost plus 10 percent. Per the agreement travel
will not be billed. Expense costs not to exceed 3% of
labor costs.
$260.64
DHM Total
$8,949
1""""\
~
r
Itemized Summary
Youth Ceuter Design
1.0 DHM Design Corporation
r--.
. Labor
1. , ., Design Services
DHM will include site related design issues for
inclusion of a Youth Center on the Truscott Property.
The program provided by the Youth Center will be
used to guide the design process with as many as of the
desired items as possible included in the fmal site concept.
Three meetings during the planning process with the
Youth Center are anticipated. Questions with regard to
interior space renovation will be handled by others.
Title
Sr. Principal
Project Mgr./Principal
StaffLa
Task Sub-Total
Rate
$110
$85
$52
Hours
Total
52
10
$0
$4,420
$520
$4,940
Labor Total
$4,940
1.2
1.2.1
Miscellaneous Expenses
Miscellaneous expenses including reproductions,
prints, delivery charges, photocopies, etc. to be billed
at our cost plus 10 percent. Per the agreement travel
will not be billed. Expense costs not to exceed 3% of
labor costs.
$148.20
DHM Total
$5,088
r~
!"""'.
March 24, 19991
Laura Kirk
o DHM Design
580 Main Street, Suite 110
Carbondale,CO 81623
RE: Truscott Housing Project-City of Aspen.
SE Proposal No. 99000.12
Dear La,UIa,
SoprisE;ngineering, LLC (SE) ispleasedto prepare the following proposal for.the civil engineering services
requiI:edtodevelop COStS and utility service viabilityas~ociated with preliminary site plansfo~ the proposed
Truscott Project. .
~
'.; .' '. ",.' '., . ,,' ..'. . .
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3. 90st estimates Will ~ modified and: llPda!Cdasthe site plan evolves and is being finalized. .
. '. .' .
4: .h1cluded are two (2)Il1eetingswithDl!M'; the City of Aspen staff and any <>therdesign consultants. Four (4)
coordinati<;ln meetings with.DHM staff. one (1) site visit is also included. .
EXCLUDED SERVICES:
TIle services not included in this proposal are water right research, soil or geological investigations, environmental
studies, 404 permit work, .1.041 hazard review mapping, .civil design, const;uctionstaking, access permit application
or any other specIal or unusual requIrements. Fees may be negotiated for these serVices ifrequired.
FEES AND PA YMENTSCHEDULE:
TIle above defined work will be completed for a fixed fee amount of $6,000.00 and will be completed in a timely
fashion consistent andconcurrentto the site plans finalization. Any additional public meetings, reproduction costs,
and other authorized additional services will be performed on a time and materials basis in accordance with the
enclosed schedule of hourly rates dated July, 1998.
In.accepting this proposal, the client warrants that funds are available to compensate SE and that these funds are
neither encumbered nor contingent upon the subsequent granting of approvals, permits or financial commitments by
lending institutions or other entities.
.~'.I
SOPRIS ENGINEERING · llC
502 Main Street . Suite A3 . Carbondale, CO 81623. (970) 704-0311 . Fax (970) 704-0313
civil consultants
~. Thankyou for providing US with the opportunity to subntita proposal for this project. SE looks forward to
working with you. Acceptance of this proposal may be indicated by signing the enclosed agreement and returning
one signed copy to our office: Please contact us if you haveariy questions.
/~-
~
Sincerely, '. . .
SOPRIS ENGINEERING, LLC
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.Project,Enginl<er .
e~cl:
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Rate Sclledtile '. '. . .... .'
Auth9rization for Professional Services
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SOPRIS ENGINEERING,LLC
SCHEDULE OF HOURLY RATES
Effective July, 1998
Total project charges are bas~don hourly r~tes plus direct job expenses as follows:
PERSONNEL CHARGES:
PIUNCIP AL.ENGll'lEER
. .J>R.OJECTMANAGER .... . .
PROmCT ENGINEER (j>.E.), SURVEY MANAGER (L.s.) .
DESIGNAND/OR.FIELD ENGll'lEER, SURVEY SUPERVISOR
TEc:IiNICIAN,f!ELD OBSER.VER,PARTYClUEF .
TECHNIGALTYPIST,CLElUGAL .
THIl..EE-:11J\NSURVEY CREW
.T\V'():.MANSURVEY CREW
........ EXPERT TESTIMONY:
$95.00/HR
$85.00/HR
$75.00/HR
$65.001HR
$SS.OO/HR.. '.
... $3S.001HR ."
$120.00/HR
$lOO.OO/HR
$220.0btHR.
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COMPUTER CHARGES:
':'
"',,
O$IO.OO/HR
. $20.00IEA \.
.. 'M1Sd:CrrAitGES:
",''',:.
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. PHOTOCOPIES '. ....
. '.' BWEj.,ll'lEPRlNTS
. MYLAR SEPIAS
. VEHICLE MILEAGE
WlSIEA
. $l.SOIEA
. $20.001EA
$O.4StMI,\>
"",',"
. OiJ'tSIDECONSTJI,TANTS OR STJB..CONTRAC1'ORS: .
. . , ,
. BiLLEDArOUR COSTPWS 10 PERCENT .
OTIJli;R DmRCTPROJECT EXPRNSRS:
OUTOFTOWN LIVING EXPENSES: . . .. . .
AIRFARE, LODGING,. MEALS, CAR. RENTAL, TELEPHONE, PARKING FEES, ETC.
.' '... ..
MIse; EXPENSES:
DELIVERY CHARGES, POSTAGE, ETC.
BILLED AT OUR COST
_, ._JJ J....;).~{
CHARLIER ASSOCIATES, INC.
P.02
Truscott - A-lpen Housing Ie. Parks
CA-Q12
~
Proposal to Provide Consulting Services (Phase I)
Phase 1 Scope of Work
Initial Maao-Scale Assessment of Mobility IsSIle5, Opportunities and Alternatives
In Phase I, CAr proposes to evaluate:
(t) Traffic and intersection alternatives tor entrance roadway (@ SR 82)
la] intersection with stop signs
[bJ roundabout
[c] signa lized intersection
[d) separated interchange
12J Pedestrian crossings and pedestrian environment
131 Parking supply and management
[4) Transit access and circulation
[5] Traffic drculation on intemal roadways
The objective ofI'hase 1 would be: To resolve macro-:ocale issues of access, mobility and circulation to a
degn!e that al lows site design to proceed by rt\id- to late-June.
This work would include meeti:n$$, telephone conver.latiollS and e-mail exchanges with local
govemment staff (Aspen, Pitkin County), CDOT staff, RFTA staft, and other cOllSulting /inns
(CenteJ\lllal, OTAI<, etc-). Also included would be participation in an A-lpen City Council meeting in
June,I999. Tasks would include:
r\
Task 1.
Task 2.
Task 3.
Attendance at meetings .
Technical evaluatiot\, research, drawings, analysis, etc.
Coordination with team on Tru$C()tl site plan
~ter phases of work would be described in later proposals as may be requested by the City.
/rV%;:;--
ChaT"'" Assodaw, 1=
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CHARLIER RSSOCIATES, INC.
TNlICOlt- Aopen H<"'Olng I'atl<s
CA-'l12
PROPOSED TIME ALLOCATION: KEY PERSONNEL ancl HOVRLY RATES
HOURS
IntlelPenonne. BAle TASK! ; TASK 2 ! TASK3 1 ALL TASKS
,
1'rincipal (Qwlier) 5125 1 20j 6, 4.. 3(]
S801 01 i .
Senior EngineeJ- 2~ 4! 24
, 0' 121 ,
Senior Urban Designer $60 ! oj 2! 14
. . oJ B
TratlSJ'Ollatlon Planne, 55lH 8!
,
Planners $331 01 01 Of c
. .
AdmInisl1'ative SuPPOrt wi o~ oj 01 C
TOTAL ! 2O! 46! lOl 76
ESTIMATED PROJECf COSTS
1 TASK 1 TASrO TASK 3 ALL TASKS
,
F_ i 52,5001 $3,5341 5940, 56,974
,
~ . 5251
Direct Ex_ S2S0i 51001 $375
TOTAL , $2,750 i 53,634' $96S i V,349
!
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1. AssuII\eS tbreo......mp plus one dty <nun<iI D\~
2. _... _ of the .oo...1oQr ~ could be c:oo<climtod witb 0_ bips In Aopon I<<
olIIor Jl<'lio<tI.
P.03
4/12199
TOTAL P. 03
\"~,
City of Asoen Standard Terms and Conditions - Architectural SelVices
-"
I"'"
The City of Aspen
o
City of Aspen
STANDARD TERMS AND CONDITIONS
FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENTS
f'
AGe-9al Page 1
('\,
City of ASDen Standard Tenus and Conditions - Architectural Services
(Version AGC-981)
("
('.,
AGC-981
Page 2
~.
,
City of Asoen Standard Terms and Conditions - Architectural Services
CITY OF ASPEN, COLORADO
STANDARD TERMS AND CONDITIONS
INTRODUCT
FOR PROFESSIONAL ARCIDTECTURAL SERVICES AGREEMENT
(Version AGC.981)
ION
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
ARCIDTECT'S SERVICES AND RESPONSIBILITIES
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 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 the 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 other consultants. All aspects of the Work
(' designed by the Architect shall be coordinated by the Architect, and the Architect shall also
AGe-98l Page 3
o
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City of Asnen Standard Tenns and Conditions - Architectural Services
become familiar with 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 Work document shall set forth the Basic Services which the Architect has
agreed to perform. 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.
SCHEMATIC 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 of This Part of the Project based on current area, volume or other unit
costs, as directed by the City.
DESIGN DEVELOPMENT PHASE
1.2.4 When authorized 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
1.3 ADDITIONAL SERVICES
AGe-98l page 4
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o
City of Asoen Standard Terms and Conditions - Architectural 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.
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.
1.3.10 Providing services for planning tenant or rental spaces.
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 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.
AGe-98l
Page 5
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i
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City of Asoen Standard Tenns and Conditions - Architectural Services
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 Constmction 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 constmction perfonned
by the City.
1.3.14 Providing consultation concerning replacement of any Work damaged by fire or
other cause during constmction, 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 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 Constmction.
1.3.16 Preparing a set of reproducible record drawings showing significant changes in the
Work made during constmction, based on marked-up prints, drawings and other data
furnished 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 fmal 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 nonnal 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.
AGe-9al
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Citv of Asnen 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 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 IT 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 The City shall consult with the Architect before issuing interpretations or
clarifications 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 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.
I""'"
3.2 The Construction 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
AGC-981
Page 7
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City of Asnen Standard Terms and Conditions - Architectural Services
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.
o
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 determine 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 Architect shall assist the City in including in the Contract Documents a1teruate
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 This Part of the Project
occurring after execution of the Contract for Construction.
3.5.1 If the Bidding or Negotiation Phase 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 for 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.
1"".
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 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 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 bear a reasonable portion of the
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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, 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 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 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 nse 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.
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5.1.5 Expense of renderings, models and mock-ups requested by the City.
ARTICLE 6
PAYMENTS TO THE ARCIDTECT
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.
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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.
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
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
OWNERSIDP 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
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reproducible copies, of Drawings and Specifications for such information 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 me, 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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