HomeMy WebLinkAboutresolution.council.056-99
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RESOLUTION NO. ::Yo
(SERIES OF 1999)
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A RESOLUTION GRANTING CONTRACT FOR POOL DESIGN TO HARRY TEAGUE
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 Harry Teague Architects, Aspen, Colorado, 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 Harry Teague Architects, regarding the Professional
Architectural Services contract for Recreation Department Pool Design, 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.
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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 resrted by the City Council of the City of Aspen,
Colorado, at a meeting held ' ~ , 1999.
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Kathryn S. h, City Clerk ~
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AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated,
ASPEN, Colorado, ("City") and 'larry Teaque Architects
(" Architect").
between the CITY OF
, Colorado
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 ExWbit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Architect shall commence work immediately upon receipt of a written
r-.. Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project.
This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by
the Architect.
3. Pavment. In consideration of the work performed, City shall pay Architect
$ 1 1 3 . 5 9 3 . 4 3 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:
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Planning Phase:
Schematic Design Phase:
Design Development Phase:
Construction Document Phase:
Bidding and Negotiation Phase:
Construction Phase:
$113,593.43
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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. 1\greement
b. Request for Proposals & Scope of Services
c. Proposal/Cost estimate and attachments, including all written
representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Architectural Services.
5. Compliance With Procurement Code. The Architect acknowledges that this
Agreement is entered into subject to the requirements of the City of Aspen Procurement Code, Title
4, of the Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of
said Procurement Code, and such requirements are incorporated herein by this reference (copies of
the code are available upon request to the City for a nominal charge). Architect shall immediately
notify the City Manager in writing of any violation of said Code by the City's employees or agents,
which violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City
of any violation of the Procurement Code shall be deemed as a waiver of any action or defense that
('. the Architect may have against the City by reason of such violation of the Procurement Code.
6. Non-Assignability. Both parties recognize that this contract is one for specific
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Architect of any of the
responsibilities or obligations under this agreement. Architect shall be and remain solely responsible
to the City for the negligent acts, errors, and omissions of any of his consultants, agents and
employees, each of whom shall, for this purpose be deemed to be an agent or employee of the
Architect to the extent of the subcontract. The City shall not be obligated to 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 City.
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1.
Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may
allow or shorter, but not less than three (3) days, for failure to provide proof
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
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notice shall be sent by certified mail, return receipt requested, to the address
specified herein for Architect.
The Architect shall not be in default be reasons of any failure in performance
of this Agreement in accordance with its terms if such failure arises out of
causes beyond the control and without the fault or negligence of the Architect.
Such causes may include, but are not restricted to, acts of God, natural
disasters, strikes, or freight embargoes, but in every case the failure to
perform must be beyond the control of the Architect. Upon request of the
Architect, the City shall ascertain the facts and failure, and, if the City shall
determine that any failure to perform constituted a valid commercial excuse,
the performance shall be revised accordingly and notice of default withdrawn;
or
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b.
Notice of Termination. In the event of termination for the convenience of the City,
the City shall deliver to the Architect a written notice of termination, specifying the
reasons therefor, and the effective date of such termination. The effective date shall
not be earlier than the date of hand-delivery or the date of mailing of the notice, plus
three (3) business days. The notice of termination shall be sent regular first-class mail
to the address of the Architect herein provided. The Architect or the City may
terminate this Agreement, without specifying the reason therefor, by giving notice, 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 fmished 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.
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4.
With the approval or ratification of the City, settle all outstanding liabilities
and all claims arising out of such termination on orders or reimbursable in
whole or in part in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 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.
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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. '
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8. Covenant Against Contingent Fees. The Architect warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Architect, to
solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other
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consideration contingent upon or resulting from the award or making of this contract. For a breach
or violation of this contract without liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
9. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Architect shall be, and shall perform as, an independent Contractor 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 MONffiS EARNED PURSUANT TO TIDS AGREEMENT,
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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 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, Architect error
of the Architect, any subcontractor of ,the Architect, or any officer, employee, representative, or
agent of the Architect or of any subcontractor of the Architect, or which arises out of any workmen's
compensation claim of any employee of the Architect or of any employee of any subcontractor of the
Architect. The Architect 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 Architect, 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 Architect also agrees to bear all
other costs and expenses related thereto, including court costs and l!-ttorney 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 Architect for the portion of the judgment attributable to such act, omission,
or other fault of the City, its officers, or employees.
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AGl-981
/""""". 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 al110unts 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.
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(i) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract,
and Employers' Liability insurance with minimum limits of no less than the state of Colorado
statutory minimums. Evidence of qualified self-insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX
HUNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for bodily
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.
(jji) 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 perfonnance 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.
AGl-981 Page 6
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(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.
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(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure any
such policy or any extended reporting period thereto and may pay any and all premiums 'in
connection therewith, and all monies so paid by City shall be repaid by Architect to City upon
demand, or City may offset the cost of the premiums against monies due to Architect from City.
(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.
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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.
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14. Ownership of Design 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 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.
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
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Materials for completion of the Project by others without additional compensation, or
a release, indemnification or other action by City; (c) Any reproduction of the Design
Materials or part of them shall be faithful and accurate to the original and of good
quality; (d) City shall not remove or alter, and shall reproduce and prominently
display on all copies made by City, the copyright notice and other proprietary legends
appearing on the Design Materials when delivered to City. The restrictions set forth
in (c) and (d) above shall be imposed by City on any third party to whom the City
allows to display or publish the Design Materials.
c.
It is understood that City considers the Project's aggregate architectural expression
(that is, the overall combination of the Project's visually apparent design features)
and any distinctive individual features, to be unique and of commercial value, and the
Architect and its Design Subcontractors agree not to design or build, or allow other
third parties the use of the Design Materials to design or build another structure(s)
having a substantially similar architectural expression so that an average person would
relate the structure(s) to the Project. Architect and its Design Subcontractors shall,
however, be free to use individual features from the Project or combinations of
features in other projects, so long as the Architect complies with the first sentence of
this paragraph. Architect shall include this provision in its contracts with its Design
subcontractors and provide copies of these agreements to City.
d.
As of the conclusion of the Project, or in the event of termination of the Agreement,
Architect shall 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.
15. Annual Aooropriations. 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:
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Architect:
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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.
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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.
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20. Execution of Ag:reement bv City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon
the City unless duly executed by the 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, proVISIons,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
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(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
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,~ (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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ATTESTED BY:
CITY OF ASPEN, COLORADO:
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By:
WITNESSED BY:
APPROVED AS TO FORM BY:
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1 Atto ey
, Project Manager
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Iselin Park Pool &.Ice Rink
Aspen, Colorado
Exhibit A
Scope of Pre-Design and Pro1$famming Services (Phase n
Harry Teague Architects, Inc. (Architect) will provide pre-design and programming services for
the Iselin Park Pool & Ice Rink Facility for the period from 15 February 1999 through I October
1999. The scope of these services is as follows:
1. Meet with City of Aspen staffto:
.I detennine the appropriate make-up of the design team,
.2 detennine appropriate programming,methodology,
.3 define public input process.
2. Retain the services of the consultants listed in Exhibit C to provide specialized
programming infonnation as necessary.
3. Detennine schedule for preliminary programming meetings and develop graphic timeline.
4. Facilitate public meetings addressing the following program issues:
.1 neighborhood and site concerns,
.2 "green" design issues,
.3 program criteria for pool,
.4 program criteria for ice rink.
5.
Meet with city staff and appointed programming committee to:
.1 establish project goals and objectives,
.2 review preliminary program infonnation,
.3 review preliminary cost infonnation.
6. Prepare preliminary cost data based upon comparable recreation facilities. Evaluate and
adjust the, preliminary cost data taking into accoll1lt Aspen's market conditions and
including appropriate contingency amounts.
7. Prepac a draft Architectural Progr= setting out in detail the Project requiremcn'~
including: facility goals and objectives, program square footages, operational requirements,
program adjacencies and preliminary construction cost analysis.
8. Compensation and reimbursable amounts for Phase I work are shown in the attached
Exhibit D
HARRY TEAGUE ARCHITECTS
Iselin Park Pool & Ice Rink
Aspen, Colorado
Exhibit B
/"""-,
Scope ofConceotual Design and Feasibility Studv Services (Phase II)
Upon receipt of notice to proceed from the City of Aspen, Harry Teague Architects, Inc.
(Architect) will provide conceptual design and feasibility study services for the Iselin Park Pool
& Ice Rink Facility. The scope of these services is as follows:
1. Meet with City of Aspen staff to:
.1 establish program criteria for conceptual design alternatives,
.2 establish appr~priate schedule for conceptual studies.
.3 define public input process>
2. Retain the services of the consultants listed in Exhibit C to provide specialized design
information as necessary.
3. Refine draft project schedule per staff and consultant input..
(Draft Alternatives 1 and 2 attached as Exhibits E and F.)
4. Prepare conceptual site plans and conceptual building designs to evaluate the following
alternatives:
.1 pool and rink complex per Draft Architectural Program (5/99),
.2 pool complex only, with no provision for future rink construction,
.3 pool complex as phase one, with provisions for rink to be added as phase two.
r'\
5.
Prepare revised preliminary cost data (based upon comparable recreation facilities) for the
alternatives outlined in item 4 above. Evaluate this cost data taking into account Aspen's
market conditions and including appropriate contingency amounts.
6. Prepare a summary report outlining the conceptual design alternatives and discussing the
site design, building design, cost and schedule implications of the three alternatives.
7. We propose to perform this scope of work on an hourly basis, with a not-to-exceed fee
budget of $70,000. We estimate that reimbursable expenses will total $7,000. Please see
Exhibit D, Phase II Compensation Estimate Worksheet.
,/"",,-
HARRY TEAGUE ARCHITECTS
Exhibit C
o
Project Directory
Project Name
Iselin Park Pool/Ice Rink Facility
Aspen, Colorado
Owner
City of Aspen
Recreation Department
110 East Hallam Sl.
Aspen, CO 81611
(970) 920-5120 (0)
(970) 920-5128 (F)
(970) 920-5129 (0)
(920) 920-5140 (0)
(920) 920-7478 (F)
(970) 544-5834
Parks Department
585 Cemetary Lane
Aspen, CO 81611
Jeff Woods, Director
Kevin Dunnett, Project Manager
Tim Anderson, Director
Architect
Harry Teague Architects
412 North Mill Street
Aspen. CO 81611
(970) 925-2556 (0)
(970) 925-7981 (F)
hta@sopris.net
Harry Teague, AlA, Principal in Charge
Michael Hassig, AlA, Project Manager
Steven Mankouche, R.A.. Project Architect
(970) 618-5530 (C)
.r'\
Associated Architect
Barker Rinker Seacat Architecture
2300 15th Street, Suite 100
Denver, CO 80202
(303) 455-1366 (0)
(303) 455-7457 (F)
brs@brsarch.com
Dave Hammel, AlA, Principal in Charge
Duane Crawmer, Consulting Design Principal
Susan Pratt. Project Architect
__n_.,____",__,___.,_____._..__, _______.___n.__. ,,_.__",._~_____..,,_.__,..
Consuiting Architec\- Graeme Means Architect - ..-
210 South Galena Street
Aspen, CO 81611
(970) 925-9150 (0)-
(970) 925-3736 (F)
Graeme Means, AlA
Planning Consultant
Rock Creek Studios
220 Main Street
Carbondale, CO 81623
(970) 963-1971 (0)
(970) 963-1622 (F)
Tim Malloy
/""",
HARRY TEAGUE ARCHITECTS
Exhibit C
ry0 Project Directory
I
Project Name Iselin Park Pool/Ice Rink Facility
I Aspen, Colorado
!
Structural Engineer KL&A of Colorado (303) 384-9910 (0)
805 14 Street (303) 384-9915 (F)
Golden, CO 80401
Brant Lahnert, P.E.
Dr. Gregory Luth, P.E., Ph.D.
Dr. Gregory Kingsley, P.E., Ph.D.
MEPFP Engineers ABS Consuitants (303) 623-6200 (0)
1133 Auraria Parkway, #400 (303) 623-8435 (F)
Denver, CO 80204
Peggy Coleman pkc@absconsultants.com
Larry LaMette Irl@absconsultants.com
Sara Pomrenke sjp@absconsultants.com
Jon Brooks jeb@absconsultants.com
Ice Rink Design Consultant Group Naoum Consultants, Ltd (780) 488-4714 (O&F)
P.O. Box 4670 (403) 940-8522 (C)
r. Edmonton, Alberta groupnaoum@connect.ab.ca
Canada T6E 5G5
George Naoum
AquatiCS Design Consultant Water Technoiogy (800) 538-8207 (0)
(920) 887-7999 (F)
Charles Neuman
Richard Scott
-.-,..-.....,-.,,"--. Kenneth Ward
._~_.-
Civil Engineer Timberline Engineering (970) 963-9869 (0)
1101 Village Road (970) 963-9003 (F)
Carbondale, CO 81623
David Powell, P,E.
Consulting Landscape Mt. Daly Enterprises (970) 927-3138 (0)
Architect P.O. Box 1537 (970) 927-3487 (F)
23400 Two Rivers Road
Basalt, CO 81621
Juiia Marshall
,~
HARRY TEAGUE ARCHITECTS
l
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i
,
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Exhibit C
Project Directory
Project Name
Iselin Park Pool/Ice Rink Facility
Aspen, Colorado
Cost Estimating
Consultant
Campbell-Anderson & Associates, Inc.
5405 Morehouse Drive, Suite 310
San Diego, CA 92121
(619) 455-8086 (0)
(619) 597-6015 (F)
caasd@cts.com
Graham Anderson, ARICS
Mark Kelly
Acoustical Consultant
Green Building Consultant
Community Office for Resource Efficiency
215 North Garmisch SI.
Aspen, CO 81611
(970) 544-9808 (0)
(970) 544-9599 (F)
Randy Udall
Building Code Consultant
Code Consultants, Inc.
760 Office Parkway
SI. Louis, MO 63141
(314) 991-2633 (0)
(314) 991-4614 (F)
John McCormick, P.E.
Terry Schultz
Transportation Consultant Charlier Associates
1877 Broadway, suite 705
Boulder, CO 80302
(303) 449-1903
_ '"_----'..,_~..__._.__,__.,.___.___.._._...__________.._~__c__.___,_.____.'.__.__
- Jim Charlier -
HARRY TEAGUE ARCHITECTS
E~\>;\: " c..:'
.~
HARRY
TEAGUE
ARC H
TEeTS
VIA FAX 920,7478
Tim Anderson
City of Aspen .
Recreation Department
110 East Hallam St.
Aspen, CO 81611
Re: IseHn Park Pool and Ice Rink
Dear Tim.
Per your telephone message this morning, we have prepared the following description of the
scope of services required to include a new Y oulh Center in the program for the Iselin Park
Pool and Ice Rink:
1.
2.
3.
4.
5.
lnfonnation gathering re: existing youth center (facility sizes, adjacencies, ete,),
Interview City staff, Youth Center staff (and users, if appropriate).
Tabulate program square footages,
Prepare graphic representations of programelemenu, .
Prepare summary report for inclusion within Pool and Ice Rink Final Program
document.
Based upon this scope we estimate time and fees as follows:
r-- I. 3 hours@ $65.00 per hour = $195,00
2. 8 hours @ $95.00 per hour = $760.00
8 hours @ $65.00 per hour = $520.00
3. 4 hours @ $65.00 per hour = $260.00
4. 4 hours @ $65,00 per hour = $260.00
5. 4 hours @ $95.00 per hour" $380.00
8 hours @ $65.00 per hour .. $520,00
Subtotal $2895.00
Contingency @ 10% $290,00
Total Compensation $3.185,00
Bstimated Reimbursable Expenses $315,00
Total Estimated Cost $3,500.00
Please don't hesitate to give mea call if I may be of further assistance.
Sincerely yours,
HARRY TEAGUE ARCHITECTS
~.
,
Michael Hassig, AlA
General Manager
412N. MIll STR!2ET ASP!:N,CO 81811.1508 TEL. (S70l 92$.2$$6 FAX (9iO) 926.7981 ~m9il hti\@rof,I'1$!
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