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HomeMy WebLinkAboutresolution.council.055-99 r"\ -- ,~ -..' ~ "'''';''- RESOLUTION NO. ~ , (SERIES OF 1999) A RESOLUTION GRANTING THE AFFORDABLE HOUSING ARCHITECTURE CONTRACT TO STUDIO B ARCHITECTS, FOR THE CITY'S PROFESSIONAL ARCHITECTURAL 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 Studio B Architects at 555 N. Mill Street, Aspen, Colorado 81611, 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 Studio B Architects, regarding the Professional Architectural Services contract for 7th and Main Affordable Housing Project, 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. Dol"" ~ /~ ,1999. I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that reso . n adopted by, the City Council of the City of Aspen, Colorado, at a meeting held i , 1999. ~~~~ thryn S. ch, Clfy erk r", r o T II e CIty 0 t A ~ pen AGREEMENT FOR PROFESSIONAL ARCIDTECTURAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Studio B Architects, 555 N. Mill St. Aspen, CO. 81611. Colorado ("Architect"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Services. Architect shall perform in a competent and professional manner the Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Architect shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. Upon request of the City, Architect shall submit, for the City's approval, a schedule for the performance of Architect's services which shall be adjusted as required as the project proceeds, and which shaH include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Architect. 3. Payment. In consideration of the work performed, City shall pay Architect ONE HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED AND NO/IOO DOLLARS ($177,700) in the event that all Phases are performed as requested by City. The City shall have the option of asking Architect to perform any number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it wishes to have performed via formal written Notices to Proceed. Fees including any additional services or reimbursable expenses shall not exceed the following amounts for each given phase: Planning Phase: Schematic Design Phase: Design Development Phase: ConstruCtion Document Phase: Bidding and Negotiation Phase: Construction Phase: $0 $35.540 $35.540 $71.080 $8,885 $26,655 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 AGl-981 Page 1 o another, the provision in the Contract Document listed first below shall govern, except as otherwise specifically stated: a. Agreement b. Request for Proposals & Scope of Services c. Proposal/Cost estimate and attachments, including all written representations of Architect d. Instructions to Proposers e. Supplemental Conditions, if any f. City's Standard Terms and Conditions for Professional Architectural Services. 5. Compliance With Procurement Code. The Architect acknowledges that thjs Agreement is entered into subject to the requirements of the City of Aspen Procurement Code, Title 4, of the Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference (copies of the code are available upon request to the City for a nominal charge). Architect shall immediately notify the City Manager in writing of any violation of said Code by the City's employees or agents, which violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any violation of the Procurement Code shall be deemed as a waiver of any action or defense that the Architect may have against the City by reason of such violation of the Procurement Code. 0. 6. Non-Assignability. Both parties recognize that this contract is one for specific services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Architect of any of the responsibilities or obligations under this agreement. Architect shall be and remain solely responsible to the City for the negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Architect 'to the extent of the subcontract. The City shall not be obligated to payor be liable for payment of any sums due which may be due to any sub-contractor. 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 Architect shall default in performance of this Agreement in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer as the City may allow or shorter, but not less than three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand-delivery or mailing to the Architect of a notice specifying the default. If mailed, said notice shall be sent by certified mail, return receipt requested, to the address specified herein for Architect. o AGl-981 Page 2 (" ~ , ~, The Architect shall not be in default be reasons of any failure in perforrnance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Architect. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control of the Architect. Upon request of the Architect, the City shall ascertain the facts and failure, and, if the City shall determine that any failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or 2. Whenever for any reason and in its sole discretion the City shall determine that such termination is in its best interest and convenient. b. Notice of Termination. In the event of termination for the convenience of the City, the City shall deliver to the Architect a written notice of termination, specifying the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3) business days. The notice of termination shall be sent regular first-class mail to the address of the Architect herein provided. The Architect or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be eamed after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Architect shall become the property of the City. Notwithstanding the above, Architect shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Architect, and the City may withhold any payments to the Architect for the purposes of set-off until such time as the exact amount of such damages due, the City from the Architect may be determined. c. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of the City, unless otherwise directed by the City, the Architect shall: 1. Stop work under the Agreement on the date specified in the notice of termination. 2. Place no further orders for materials, services or facilities. 3. Terminate all orders and subcontractors to the extent that they relate to 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. AGl-98! Page 3 (-' f\ d. Termination Payment. After the effective date of a notice of termination for the convenience of the City, the Architect shall submit to the City his termination claim in the form of a final invoice in accordance with the provisions in Section 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 the event of default by the Architect, no extra costs incurred because of termination shall be paid to the Architect and any costs paid shall not be a waiver of any claim, counterclaim or setoff by the City against the Architect on account of any default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions are granted in writing by the City. Upon the Architect's failure to submit a claim in the time allowed, the City may review the information available to it and determine the amount due the Architect, if any, and pay the Architect the amount as determined. e. Termination Settlement. Subject to Paragraph 5,d, the Architect and City may negotiate the whole or any part of the amount or amounts to be paid, upon termination for default or the convenience of the City. f. Remedies. The Architect shall have the right of appeal from any determination made by the City under this termination section; except that if the Architect has failed to submit his claim within the time provided in Paragraph 5.d, above, and has failed to properly request an extension, he shall have no right of appeal. In any case where the City has made a determination of the amount due under Paragraph S.d. or 5.e., above, the City shall pay the Architect: (1) the amount the City has determined if there is no right of appeal or if timely appeal has been taken, or (2) the amount finally' determined on such appeal if an appeal has been taken. g. Method of Appeal. If the Architect disagrees with the City's determination under Paragraphs 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 Architect submits the dispute to a court of competent jurisdiction. 8. Covenant Against Contingent Fees. The Architect warrants that slhe has not employed or retained any company or person, other than a bona fide employee working for the Architect, to solicit or secure this contract, that slhe 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 1""""'\ contingent fee. AGl-981 Page 4 f' ~ r 9. IndeQendent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Architect shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect's agents, employees, servants and subcontractors during the performance of this contract. Architect shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Architect and/or Architect's employees engaged in the performance of the services agreed to herein. ARCIDTECT, 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 rIDS AGREEMENT. 10. Indemnification. Architect 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 the Architect's performance of services under this agreement, to the extent such injury, loss, or damage is caused by the negligent act or omission of the architect. 11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Architect pursuant to Section 8 above in amounts and aggregates as stated below. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Architect shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Architect shall procure and maintain, and shall cause any subcontractor of the Architect to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Architect pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable o laws for any employee engaged in the performance of work under this contract, and Employers' AGl-981 PageS ("""', Liability insurance with Illlmmum 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. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and THREE HUNDRED THOUSAND DOLLARS ($300,000.00) aggregate with respect to each Architect's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interest provision. If the Architect has no owned automobiles, the requirements of this Section shall be met by each employee of the Architect providing services to the City under this contract. ~ (iv) Architect 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 Architect. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Architect shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Architect's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Architect to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure any such f' policy or any extended reporting period thereto and may pay any and all premiums in connection AGl-981 Page 6 f\ therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City may offset the cost of the premiums against monies due to Architect from City. (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. 12. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Architect for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Architect reasonable notice of any changes in its membership or participation in CIRSA. 13. ExemPtion From Sales and Use Taxes. All purchases of construction, building or other materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's State of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is 84- 6000563. f\ {\ 14. OwnershiIJ of Design Materials and Documents. a. The copies or o.ther 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 Architect or Subcontractor, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, as-built documents, and any other documents developed, prepared, furnished, delivered or required to be delivered by the Architect or Subcontractor to City under the Contract Documents (collectively "Design Materials") shall be and remain the property of the City whether or not the Project is commenced or completed; provided, however, that City makes payment for the documents in accordance with this Agreement. During the term of the Agreement, the Architect shall be responsible for any loss or damage to the Design Materials, while the Materials are in the possession of the Architect or any of its Subcontractors, and any such Design Materials lost or damaged shall be replaced or restored at the Architect's expense. The intellectual property rights, if any, to the contents of or concepts embodied in the Design Materials shall belong to the Architect or its Design Subcontractors in accordance with their contractual relationship and may be copyrighted by them in the United States or in any other country, or be subject to any other intellectual property protection. AGl.981 Page 7 o (' o b. As to those Design Materials subject to copyright or as to which patent or trademark, or any other form of intellectual property protection has been, is or will be obtained, the Architect grants to City as of the date that the Design Materials are delivered or required to be delivered to the City, a world-wide, paid-up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property protection, for the City to use, reproduce and have reproduced, display and allow others to display and to publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation to the Architect or any third party subject to the following restrictions: (a) All copyright and other intellectual proprietary rights in or relating to any of the Design Materials, shall remain the property of the Architect or Design Subcontractor whether or not the Project is constructed. It is understood that, except as provided in this paragraph, the Architect and Design Subcontractor shall have the right to use any detail, part, concept or system(s) shown on, specified in, or inferable from the Design Materials on any other project and to retain copies for the Architect's or Design Subcontractor's future use; (b) City shall not, without prior written consent of the Architect or Design Subcontractor use Design Materials or documents, in whole or in part, for the construction of any other project. If, however, City agrees to indemnify the owner of the intellectual property rights against liability arising from the misuse or incorrect use of Design Materials by City, City shall be entitled to, at no additional cost to the City, use such materials and documents for additions, improvements, changes or alterations to the Project after completion. If Architect is in default under this Contract and the Contract is terminated, City shall be entitled to use the Design Materials for completion of the Project by others without additional compensation, or a release, indemnification or other action by City; (c) Any reproduction of the Design Materials or part of them shall be faithful and accurate to the original and of good quality; (d) City shall not remove or alter, and shall reproduce and prominently display on all copies made by City, the copyright notice and other proprietary legends appearing on the Design Materials when delivered to City. The restrictions set forth in (c) and (d) above shall be imposed by City on any third party to whom the City allows to display or publish the Design Materials. c. It is understood that City considers the Project's aggregate architectural expression (that is, the overall combination of the Project's visually apparent design features) and any distinctive individual features, to be unique and of commercial value, and the Architect and its Design Subcontractors agree nofto design or build, or allow other third parties the use of the Design Materials to design or build another structure(s) having a substantially similar architectural expression so that an average person would relate the structure(s) to the Project. Architect and its Design Subcontractors shall, however, be free to use individual features from the Project or combinations of features in other projects, so long as the Architect complies with the first sentence of this paragraph. Architect shall include this provision in its contracts with its Design subcontractors and provide copies of these agreements to City. AGl-981 Page 8 o d. As of the conclusion of the Project, or in the event of termination of the Agreement, Architect shall turn over to City any of the Design Materials referred to in above which have not yet been submitted to City. Architect shall submit the Design Materials to City within ten days of the conclusion of the project, or date of termination. In the event of the failure by Architect to make such delivery as provided above, Architect shall pay City any damages City may sustain from the failure. IS. Annual Appropriations. If the Agreement awarded as a result of a bid Or request for proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any agreement is conditional upon annual appropriation of funds by said governing body and that before providing services or materials for which funds have not been appropriated. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal 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 Architect: Mark Mahonev Studio B Architects 555 N. Mill St. Aspen, CO 81611 18. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, 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 Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. o 20. Execution of Agreement bv City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly Page 9 AGl-981 o 0. o 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. AGl-981 Page 10 1"""'\ , ~ , o IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: h~ 199; / ATTESTED BY: &~~ WITNESSED BY: ~~~{J~~ APPROVED AS TO FORM BY: ,//~~ City'Attorney JPW-06/14/99-M:\city\cityatty\archlagl-981.doc CITY OF ASPEN, COLORADO: By: Page 11 ARCHITECT: By ~~~ ~ REVIEWED BY: 21~ ~oject Manager AGl-981 /'""'--\ r SCOPE OF WORK: 7th and Main Street Affordable Housing Project I. Introduction The City purchased the 9,000 square foot lot at the corner oft" and Main Street in 1997. The Housing Office was directed to develop an affordable housing project on the site. Several preliminary concepts have been completed and presented to Council. The current designs show a transit oriented in-fill development with between 9 and 16 units and a possible neighborhood commercial space. The units are one bedrooms and studios that are intended for sale. Parking may be at less than one space per unit. The neighborhood conunercial space will be between 400 and 600 square feet. The project also sits in the Historic Preservation Overlay and must address those criteria. The Housing Office would also like this project to meet green building standards. We would like the architect to recommend the appropriate rating system, but examples such Energy Rated Homes of Colorado and the LEEDS rating system should be considered. The purpose of this solicitation is to select a qualified architectural firm (or consortium of frrms) to provide specific and detailed designs as outlined by the scope of work. The selected frrm will act on behalf of the APCHA and be responsible for the architectural design, assisting the Housing Office in obtaining conceptual and final approvals, and overseeing construction through occupancy. II. Scope of Services The projected scope of work for this Design Contract will consist of the following elements: r General: The selected Design Team will manage all project consultants, project budgets and costs. The Team will also provide reports to the Housing Office representative as needed. The Team will provide architecture, landscape architecture and mechanical, structural and civil engineering services. In addition, a contractor will be included as a consultant to advise the architect on possibilities for value engineering. The architect will be responsible for managing and paying these or any additional subcontractors. The first task of the Design Team will be to look at alternative types of construction means and methods that could be used to reduce costs. The Team shall prepare a critical path schedule for the entire project. This timeline shall be updated and refined throughout the design, approval and construction process. The architect's response to this RFP with negotiated changes from the Housing Office will serve as the project's final scope of work. Planning Phase: The Team will prepare three design options that maximize the number of units on the site while still maintaining a high quality of livability. These designs should address issues relating to Ordinance 3D, the possible light rail station, the possible Cemetery bus turn-around, and the inclusion of a neighborhood commercial space. The units should be all one bedrooms or studios and sufficient storage should be included in the design. A primary design challenge is creating a building that enhances the streetscape while providing the residents privacy on what could become a very busy corner. The designs should be bnildable within the designated budget and should meet requirements of the city land use code. Preliminary budgets will be prepared for each design. The Team will assist the Housing Office in presenting these designs to the Housing Board and the City Council. Based on direction from these two groups, the Team will prepare the schematic design. (\ o Schematic Design Phase: The schematic design will be of sufficient detail to obtain conceptual approval. The Design Team will develop floor plans for the units, a parking plan, site design, and show building mass and layout. The Team will provide all renderings necessary for a conceptual application and for presentations to the Housing Board, the Historic Preservation Commission, the Planning and Zoning Commission, and City Council. A preliminary budget will also be prepared at this stage. Design Development Phase: The Design Team will develop more detailed floor plans for the units, parking plans, preliminary foundation and structural details, plumbing, electrical and HV AC systems, exterior materials and landscaping, storage and other detailed elements of the project so that it can be presented for Final Approval to the Housing Board, the Historic Preservation Commission, the Planning and Zoning Commission, and City Council. The Team will develop a preliminary construction schedule and an itemized total Project Budget, including all general conditions, professional fees, overhead, and profit. This budget estimate must be within 15 percent of the teams schematic design estimate. The Team will prepare all documents and drawings required for an application for final land use approval. The Team will make adjustments to these drawings required to obtain approval from the City Council. Construction Document Phase: The Design Team will develop final drawings and specifications in sufficient detail to obtain building pennits and prepare a final construction budget, update the schedule, and submit final drawings for building permit review and approval. The Team will also coordinate all utility service, and will procure all soils engineering, concrete testing, surveyor, etc., to construct the project. The Team will also be expected to provide value engineering meeting all the City's standards. (' Bidding and Negotiation Phase: The Team will work with the Housing Office project manager to select the general contractor for construction of the project. The Design Team will not be responsible for managing the contractor, but will work as teammates under the direction of the Housing Office project manager. Following selection of the general contractor, the Design Team will be involved in the subcontractor bidding process to assure that all efforts are being made to obtain prices that will not exceed the project budget and that the selected construction subcontractors will be able to perform the work to the highest quality standards. Construction Phase: The Design Team will follow all construction work to assure that project timelines and budgets are met and that high quality is being achieved. The Team will assist the Contractor in interpreting the construction drawings. All change orders will be examined for cost and timeline implications by the Design Team before being approvedby APCHA. The Team will also assist in managing the construction contract close- out and assist in arranging for a two-year Maintenance Bond. m. Selection Process The APCHA has conducted a Request for Qualifications from which three architectural firms were selected as finalists. These three flffilS are being invited to prepare a proposal for review by the Housing Office review committee. The finalists shall submit five copies of the their proposal. The proposal should include the following information: ~ I 1. Letter of intent to complete the project for the dollar amount proposed. 2. Team members as described above. 3. A management plan for organizing team members. 4. An outline of the team's approach to the design challenges posed by the site. 5. Description of work products. 6. Timeline. 7. Overall budget. r' r' r All proposal shall be sent, and any and all questions or comments directed to the APCHA as follows: Lee Novak, Project Manager AspenlPitkin County Housing Authority 530 East Main Street. Lower Level Aspen, CO 81611 Phone: 920-5137 Fax: 920-5580 All proposals must by received by the APCHA, at the above address, no later than 5:00 p.nt., Tuesday February 9,1999. Interviews will be held on the morning of Friday, February 12, 1999. Upon request of and at the direction of the APCHA, proposers may be required to supply additional information, or make additional or supplemental submissions under secondary selection criteria, if any are deemed necessary by the selection committee. During the selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be opened to the public (which includes all proposers) after an agreement is approved by the APCHA, except those items for which confidentiality has been requested in writing by the proposers and the APCHA' s attorney has reviewed and determined to be properly confidential under the State Open Records Act and other relevant statutes and regulations. The APCHA will endeavor to finalize a contract by February 28, 1999. Evaluation Criteria and Weighing: Selection of the proposers will be based equally on their proposals and their performance in the interview. Proposals will be evaluated upon the following criteria and their relative importance (or as the same may be amended or supplemented by published secondary selection criteria, if any): 1. Professional quality, comprehensiveness, and responsiveness of the proposal to the requirements of the scope of work. (5 %) 2. Experience, qualifications, ability, approach to problem-solving of team members. (15'%) 3. Quality, substance and desirability of the preliminary management plan and work products, including alternatives and recommendations to complete the project On time and within budget. (30 %) 4. Quality, substance and desirability of the teams approach to the project's design issues. (30 %) 5. Proposed Compensation for services. (15 %) 6. Financial responsibility of proposer (including response of references). (5 %)