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HomeMy WebLinkAboutresolution.council.058-04 RESOLUTION NO. ~ Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN 5 DESIGN FIRMS AND THE CITY OF ASPEN, COLORADO, SETTING FORTH THE TERMS AND CONDITIONS REGARDING AFFORDABLE HOUSING AT BURLINGAME RANCH AFFORDABLE HOUSING DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS. WHEREAS, there has been submitted to the City Council Contracts between the City of Aspen, Colorado and five design firms: Amako Resort Construction, Bald Mountain Development-Burlingame, LLC, Fenton Construction, Jonathon Rose Companies, and Shaw-Poss-DHM, a tree and accurate copy of each contract being annexed hereto; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves Contracts between the City of Aspen, Colorado and Amako Resort Construction, Bald Mountain Development-Burlingame, LLC, Fenton ConstrUction, Jonathon Rose Companies, and Shaw-Poss-DHM regarding design of affordable housing at Burlingame Ranch Affordable Housing Development, a true and accurate copy of each contract is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreements on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen On the ~tday ot~-~.Ak.P_z.~2004. ~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted bYthe City Council of the City of Aspen, Colorado, at a meeting held on the d~~' ab~ed. ~~ · ' S. 1~', Qiflty"Cle;~k~ i,._._. TLO- saved: 6/22/2004-263-G:\tara',ResoskBudingame Ranch Design Team. doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date herein~fte? sta.ted, between the CITY OF ASPEN, Colorado, ("City") and Shaw Constmction, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A, at~oghg~ hereto and b,,., this reference incorporated herein. 2. Completion. Professional 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. The parties anticipate that all work pursuant to this agreement shall be completed no later than October 31, 2004. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include all0w~ces 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 Professional. 3. Payment. In consideration of the work performed, except as otherwise mutually agreed to by the parties the payments made to Professional shall not exceed $30,000.00.. Payment will be made when Professional has completed the Design Competition and the w~nner of the competition has been announced. 4. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefOr, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after 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 Professional PS 1-971.doc Page 1 pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional 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 Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City frOm the PrOfeSSional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any 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. 7. 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. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional 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 without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS1-971.doc page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance Sufficient tO inSUre against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types: (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods Shall be procured to maintain such continuous coverage. (i) Workers' 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 F~E H~D~D .THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qUalified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and oNE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional,s owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. PS 1-971.doc page 3 (c) The policy or policies required above shall be endorsed to include the C!ty 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 Professional. NO additional insured ~ndprsemen~ ~ the po!!cy ~required above shall contain any exclusion for bodily injury or property damage arising from completed operati°ns2 The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. N© other form of certificate shall be used. The certifi- cate shall identify this Contract and shal1 ProVide that the c~verages afro;deal und~ ~h~ ~°l~i~ Shaii 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 Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of ~ontract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in com~ection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections 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. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such Participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice 9fany changes in its membership or participation in CIRSA. 11. 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 PS1-971.doc written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. 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: Michelle Bonfils, Project Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Clark Atkinson Shaw Construction 760 Horizon Drive Grand Junction, CO 81506 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, familY responsibility; national origin' anceStry' handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. 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 Professional to which the same may apply and, until complete performance by Professional 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. 15. Execution of Agreement by Ci _ty. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successorS, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Counci1 Of the City of AsPen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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. page 5 PS 1-971. doc (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. 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. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc EXHIBIT "A" to Professional Services Agreement Scope of Work The projected scope of work for this Design Competition consists of the following elements: 1) GENERAL: a. Master Plan Development teams competing in the Design Competition will create a master plan for the entire Burlingame Ranch affordable housing site. The selection committee acknowledges that every site plan will be different and density and livability solutions will vary. Therefore, the development teams have the discretion to design a community between 225 minimum and 330 maximum affordable housing units. It is the goal of the City Council to maximize the number of units on the site while maintaining the highest quality of life standards. The affordable housing development is westerly adjacent to the free market development at Bar/X Ranch. A part of the Bar/X Ranch development includes a possible "cultural center." The affordable housing master plan will provide for future access from the affordable housing site to the cultural center near the southeast corner of the affordable housing boundary. (See map in Exhibit A.) The winning Development Team will be required, as a part of the master plan, to compose and record covenants to protect the character of the community. Such covenants will be crucial in the sale of vacant lots. The covenants shall ensure that vacant lots be developed in an environmentally and architecturally consiStent manner a~ ~ff°~d~¢l~ h°~Si~ units constructed by the Development Team, in addition to other covenant items. For Example: Houses on lots are to be built to DOE Building America Program standards, achieve the Mandatory 110 Efficient BUilding Program mlasures, xeriscaping, etc. b. Guidelines The development team will understand and design a master plan within the guidelines and regulations of the attached exhibits: (1) COWOP Land Use and Development Plan (2) Pre-Annexation Agreement & Amendments (3) Aspen-Pitkin County Housing Authority Guidelines* (4) City of Aspen Housing Guidelines (5) City of Aspen Efficient Building Program Standards (6) City of Aspen Community Development Land Use Code** (7) City of Aspen Transit-Oriented-Development Options (8) Department of Energy's Building America Program Standards *Available on-line, www. aspenhousingq[j~ice, com ** Available at the Community Development Office in Aspen City Hall. PS1-971.doc a. Phased Development a. The City of Aspen will cash flow development of the Burlingame Ranch Affordable Housing over several years requiring construction to be phased accordingly. The master plan shall be designed to accommodate phased development, including construction of housing and construction of infrastructure within the s~i~e,, The dev~!0pment team shall propose the number of phases and the number of units to be constructed in each phase, i.e. Phase I 100 units. The phasing and number of units per phase must work within the City's annual budgetary constraints. (See Exhibit GO Determination of the number of phases, units and types of units should consider livability issues and demand or need for certain types of units. Teams are caUtioned against allowing the financial aspect to solely drive the phasing decisions. a. Expandable Design The COWOP Task Force Team has recommended ~hat gffordab!~ ~ggsing units be designed with the ability for owners to "expand" or build additional square footage onto their units. Unfinished basements are a practical design element that may achieve the expandable design goal. The winning Development Team shall be required to build 50% or more units that are practically expandable and still meet setbacks, height requirements, etc. or unfinished basements for all units, unless excavation work shows impeding boulders at certain home sites (Soils Report to be provided to winning team). The Development Team must consult and gain Staff approval at each location deemed impractical for basement construction pr other expansion methods. b. Sustainable Building Development teams competing in the Design Competition must maximize, energy efficient sustainable building techniques, or "green building." The development team shall achieve at minimum a rating of 145 points per the City of Aspen Efficient Building Standards. Of the 145 minimum required points, 110 are mandatory strategies every proposal must incorporate (Exhibit B). The 145 total point rating shall be achieved within the designated project budget. Development Teams will also meet the requirements of the Department of Energy's Building America Program. Qualified consultants of the Department of Energy will assist, free of charge, the selected Development Team with the Building America design standards and requirements. Additionally, lifecycles shall be determined for all mechanical systems and appliances. The lifecycle analysis shall include the cost to install, replace, maintain and operate the mechanical system or appliance. The lifecycle analysis should cover a 15-year period. Data for the lifecycles analysis shall be created per the Building America Program standards. The benefits of the energy conservation measures proposed in the new buildings shall apply to a transit-oriented design. Teams shall incorporate the transit-oriented design strategy in "Exhibit D" as created by the City of Aspen. PS 1-971. doc c. "Menu" Of Additional Energy Efficient Or Green Building Strategies The development team shall also create a "Menu" of additional energy efficient or green building strategies and associated costs. This menu shOUld inciude an exPlanation of the benefits (immediate or long term) and the additiona1 p°ints aclfie~d ~ the City of Aspen Efficient Building Standards, if applicable. This menu may be used bY City Council, and additional items may be added to the development team's conceptual proposal. These items will include the same life cycle analysis set forth in item (e) above. While any type of environmentally sound innovative bUilding technology may be proposed, the City is particularly interested in technologies that address the following: · Ecological site design; on-site erosion control, water purification/pollution reduction, and storm water management (bioswales, ecoroofs, storm water filtration, etc.). · Community site design: community spaces, recycling center and connection to nature. · Transportation: promoting bicycle, pedestrian, car sharing and transit use. · Waste reduction: building reuse, job site recycling, and efficient use of materials. · On-site management of sewage and organic wastes, such as biological wastewater treatment. · Energy efficiency: efficient thermal envelopes, efficient space and water heating, lighting, controls and monitoring, and appliances. · Renewable energy: photovoltaics, geothermal pumps, wind turbines, micro- turbines, and fuel cells. · Water efficiency, both domestic and irrigation, including rainwater harvesting for irrigation and toilet flushing. Materials and resources: · Durable building envelopes and long-lived materials or assemblies page 10 PS1-971.doc · Recycled-content materials FSC-certified woods · Safer, less toxic materials, such as alternatives to CCA-treated wood · Innovative application of natural materig!s (characterized by low embodied energy, local availability, good performance, biodegradable, safe, esthetic) such as straw, earth, and other composites. Indoor environmental quality, pollution reduction, worker and occupant safety, air cleaning, humidity control, and thermal comfort. Operations and maintenance: · Monitoring of energy, water, waste, air quality and transportation use · Resource-efficient building operations practices 1) CONCEPTUAL MASTER PLAN & LAND USE APPLICATION INFORMATION SESSION & SITE TOUR: 3- 5 Development Teams will be selected from the Qualifications statements submittals, These teams will be required to attend mandatory information sessions & a site tour. Information sessions will be held with the City Council, Community Development, CORE and the Project Managers. Short-listed teams will be offered the City of Aspen Professional Services Contract to create a Conceptual Master Plan to compete in the Design Competition. (See Attachment E.) SUBMITTAL REQUIREMENTS: Short-listed teams shall create a conceptual master plan addressing, at minimum: 1. Total number of units and neighborhood site plan layout 2. Total unit and lot mix - types of units (i.e. town home, duplex, single family, etc.), size (1 bedroom, 2 bedroom, etc.) and income categories (as stated in APCHA guidelines) 3. Phase I unit and lot mix, income category designations, types and sizes 4. Proposed Maximum Price for construction of total project & specifically for constructing phase I ' Page 11 PS 1-971. doc 5. How the project will be phased and cash-flowed 6. Methods for total points achieved per City of Aspen Efficient Building Program 7. Construction procedures, material choices, building design elements and operating procedures for all energy efficient and sustainable building elements 8. "Menu" of additional sustainable building options 9. Description of how transportation management strategy in "Exhibit D" is implemented and a parking plan 10. Building plans, including exterior architectural character and floor plans 11. Landscape plans 12. Commitment to work with Building Science Consultants **All conceptual plan submittals must meet with the Conceptual PUD submittal requirements of the City of Aspen Land Use Code. SUBMITAL DUE DATE: Conceptual master plans Shall be made in the form °f hand0UtS and a maximum of 5-hardboards. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. Conceptual master plans shall be submitted to the Project Manager by 2:00 pm on August .27, 2004. at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff will preliminarily analyze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and Development Plan, City of Aspen Land Use Code, etc. This analysis will be issued to the Evaluation Committee and finally the City Council. PRESENTATIONS: a) Development teams will be scheduled to make a 60-min~e m~x~um, private presentation of their conceptual master plan to the Evaluation Committee. b) Presentation materials may only include handouts and a maximum of 5 hard boards, no mOdels required (or allowed) at thiS time. c) Presentations will not include a question and answer period. The Evaluation Committee will document questions or requests for information after ~iewing all team presentations. d) Staff will transmit Evaluation Committee's requests to teams. e) Teams will have two weeks to revise and finalize designs responding to Evaluation Committee's requests. PS1-971.doc OPPORTUNITY TO RESPOND TO INFORMATION ~QUESTS: Development Teams making Presentati°ns to the EValuati°n Committee shall be given the opportunity to respond, in an accurate and thoughtful way to the Evaluation Committee's requests for additional information: Development Teams will be given two weeks from the day of receiving the Evaluation Committee's requests to document responses of additional information. This is also an opportunity for the Development Team to make minor revisions to their master plans, if the Team determines revision necessary. Documented responses to the Evaluation Committee's requests must be submitted with the Team's Completed Conceptual Master Plan & Land Use Application. 2) COMPLETED CONCEPTUAL MASTER PLAN & LAND USE APPLICATION SUBMITTAL REQUIREMENTS: Completed concePtual master plans and land use applications shall include: a) Documented responses to the Evaluation Committee's written request for additional information. b) c) Revised Conceptual Land Use Application. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. One three-dimensional model of the Phase I site plan -- model must include elevations of structures and contours of the land. Model shall be at a scale of 1"=50'. No additional models will be accepted. d) Maximum of 5 new hardboards and 5 hardboards submitted previously will be allowed for final presentations. No additional hard boards will be accepted. e) A Power Point presentation (Development Teams must provide own equipment) SUBMITAL DUE DATE: Final conceptual master Plans Shall be SUbmitted t0 the project Manager bY 2:00 pm on October 2004 at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff Will analYze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and Development Plan, City of ASpen Land Use Code, etc. and report findings to Evaluation Committee and finally the City Council. PRESENTATIONS: 1. Teams will make a 60-minute maximum pUblic presentation of their finalized conceptual master plan to the City Council (Evaluation Committee & Staff present). Page 13 PS 1-971. doc A question and answer period, no longer than 60-minutes total will be held after all presentations have been completed. The Evaluation Committee will make a recommendation, to ~ity Council within one week of the presentation question and answer period. City Council will review final plans, Evaluation Committee recommendation and staff findings. ANNOUNCEMENT OF DESIGN COMPETITION WINNER: Approximately one week after the preSentati°n~ and a~4; ~'e~i~ihg {he Evaiuktfon co~mit~e~'s recommendations agd ~e,8[~ff3,na!ysis, City Council will announce the Design Competition winner at a public hearing. At this public hearing, City COuncil Will approve the winner's conceptual Land Use Application and offer the winner Part 1 of the DeVeloper Contract. The City reserves the right to accept or reject all competition submittals in its sole discretion. PS1-971 idoc EXHIBIT "B" to Professional Services Agreement Rate Schedule A flat fee of $30,000 for completing the Design Competition - to be paid when Design Competition winner is announced, Page 15 PS1-971.doc ATTESTED BY: By: Title: Date: CITY OF ASPEN, COLORADO: PROFESSIONAL: WITNESSED BY: Title: Date: page 7 PS1-971.doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Amako Resort Construction, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of W3rk as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than October 31, 2004. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, except as otherwise mutually agreed to by the parties the payments made to Professional shall not exceed $30,000.00. Payment will be made when Professional has completed the Design Competition and the winner of the competition has been announced. 4. Non-AssignabiliW. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall nOt relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom Shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor~ 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party} specifying the effective date of the termination. No fees shall be earned after 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 Professional ~'-~ 1_971.doc Page 1 pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional 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 Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any 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. 7. 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. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available fi:om City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional 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 without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in parr by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or .agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to proVide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or P-~ 1-971.doc Page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure To procure or maintain insurance, or by reason of ks failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dares and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' 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 min/mum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurahce with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. P-~ 1-971.doc Page 3 (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 Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the ProfessiOnal's insurance agent as evidence that policies providing the required coverages, condi- tions, 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 certifi- cate 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 Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $15'0,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections 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. 10. CiW's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovermnental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. 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 P--~ 1-971 .doc Page 4 written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. 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 remm receipt requested, to: City: Michelle Bonfils, Project Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Roger Sant Amako Resort Construction Bldg 1, 13949 W Colfax Ave, Suite 120 Golden, CO 80401 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. 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 Professional to which the same may apply and, until complete performance by Professional 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. 15. Execution of A~eement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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. P---~ 1-971 .doc Page 5 (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. 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. [SIGNATURES ON FOLLOWING PAGE] P-~ 1-971 .doc Page 6 EXHIBIT "A" to Professional Services Agreement Scope of Work The projected scope of work for this Design Competition consists of the following elements: 1) GENERAL: a. Master Plan Development teams competing in the Design Competition will create a master plan for the entire Burlingame Ranch affordable housing site. The selection committee acknowledges that every site plan will be different and density and hvability solutions'will vary. Therefore, the development teams have the discretion to design a community between 225 minimum and 330 maximum affordable housing units. It is the goal of the City Council to maximize the number of units on the site while maintaining the highest quality of life standards. The affordable housing development is westerly adjacent to the free market development at Bar/X Ranch. A parr of the Bar/X Ranch development includes a possible "cultural center." The affordable housing master plan will provide for future access from the affordable housing site to the cultural center near the southeast comer of the affordable housing boundary. (See map in Exhibit A.) The winning Development Team will be required, as a part of the master plan, to compose and record covenants to protect the character of the community. Such covenants will be crucial in the sale of vacant lots. The covenants shall ensure that vacant lots be developed in an environmentally and architecturally consxstent manner as affo~dabi'e hOUsing units constructed by the Development Team, in addition to other covenant items. For Example: Houses on lots are to be built to DOE Building America Program standards, achieve the Mandatory 110 Efficient Building Program measures, xeriscaping, etc. b. Guidelines The development team will understand and design a master plan within the guidelines and regulations of the attached exhibits: (1) COWOP Land Use and Development Plan (2) Pre-Annexation Agreement & Amendments (3) Aspen-Pitkin County Housing Authority Guidelines* (4) City of Aspen Housing Guidelines (5) City of Aspen Efficient Building Program Standards (6) City of Aspen Community Development Land Use Code** (7) City of Aspen Transit-Oriented-Development Options (8) Department ofEnergy's Building America Program Standards *Available on-line, www. aspenhousingo_ffice, com ** Available at the Community Development Office in Aspen City Hall. P-~ 1-971 .doc Page 8 a. Phased Development a. The City of Aspen will cash flow development of the Burlingame Ranch Affordable Housing over several years requiring construction to be phased accordingly. The master plan shall be designed to accommodate phased development, including construction of housing and c0nstruction of infrastructure Within the site. The development team Shall propose the number of phases and the number of units to be constructed in each phase, i.e. Phase I 100 units. The phasing and number of units per phase must work within the City's annual budgetary constraints. (See Exhibit GO Determination of the number of phases, units and types of units should consider livability issues and demand or need for certain types of units. Teams are cautioned against allowing the financial aspect to solely drive the phasing decisions. a. Expandable Design The COWOP Task Force Team has recommended that affordable housing units be designed with the ability for owners to "expand" or build additional square footage onto their units. Unfinished basements are a practical design element that may achieve the expandable design goal. The winning Development Team shall be required to build 50% or more units that are practically expandable and still meet setbacks, height requirements, etc. or unfinished basements for all units, unless excavation wOrk shows impeding boulders at certain home sites (Soils Report to be provided to winning team). The Development Team must consult and gain Staff approval at each location deemed impractical for basement construction or other expansion methods. b. Sustainable Building Development teams competing in the Design Competition must maximize energy efficient sustainable building techniques, or "green building." The development team shall achieve at minimum a rating of 145 points per the City of Aspen Efficient Building Standards. Of the 145 minimum required points, 110 are mandatory strategies every proposal must incorporate ('Exhibit B). The 145 total point rating shall be achieved within the designated project budget. Development Teams will al-so meet the requirements of the Department of Energy's Building America Program. Qualified consultants of the Department of Energy will assist, free of charge, the selected Development Team with the Building America design standards and requirements. Additionally, lifecycles shall be determined for all mechanical systems and appliances. The lifecycle analysis shall include the cost to install, replace, maintain and operate the mechanical system or appliance. The lifecycle analysis should cover a 15-year period. Data for the lifecycles analysis shall be created per the Building America Program standards. The benefits Of the energy conservation measures proposed in the new buildings shall apply to a transit-oriented design: Teams shall incorporate the transit-oriented design strategy in "Exhibit D" as created by the City of Aspen. P-~l-971.doc page9 c. "Menu" Of Additional Energy Efficient Or Green Building Strategies The development team shall also create a "Menu" of addki0~a!: energy efficient or green building strategies and associated costs. This menu should include an explanation o£ the benefits (immediate or long term) and the ac[d!fi0r~a! points achieved per the City of Aspen Efficient Building Standards, if applicable. This menu may be used by City Council, and additional items may be added to the development team's conceptual proposal. These items will include the same life cycle analysis set forth in item' (e) above. While any type of environmentally sound innovative building technology may be proposed, the City is particularly interested in technologies that address the following: · Ecological site design; on-site erosion control, water purification/pollution reduction, and storm water managemem (bioswales, ecoroofs, storm water filtration, etc.). · Community site design: community spaces, recycling center and connection to nature. · Transportation: promoting bicycle, pedestrian, car sharing and transit use. · Waste reduction: building reuse, job site recycling, and efficient use of materials. · On-site management of sewage and organic wastes, such as biological wastewater treatment. · Energy efficiency: efficient thermal envelopes, efficient space and water heating, lighting, controls and monitoring, and appliances. · Renewable energy: photovoltaics, geothermal pumps, wind turbines, micro- turbines, and fuel cells. · Water efficiency, both domestic and irrigation, including rainwater harvesting for irrigation and toilet flushing. Materials and resources: · Durable building envelopes and long-lived materials or assemblies P-~1-971.doc Page 10 · Recycled-content materials · FSC-certified woods · Safer, less toxic materials, such as alternatives to CCA-treated wood · Innovative application of natural materials (characterized by low embodied energy, local availability, good performance, biodegradable, safe, esthetic) such as straw, earth, and other composites. Indoor environmental quality, pollution reduction, worker and occupant safety, air cleaning, humidity control, and thermal comfort. Operations and maintenance: · Monitoring of energY, water, waste, air quality and transportation use · Resource-efficient building operations practices 1) CONCEPTUAL MASTER PLAN & LAND USE APPLICATION INFORMATION SESSION & SITE TOUR: 3- 5 Development Teams will be selected from the Qualifications Statements submittals. These teams will be required to attend mandatory information sessions & a site tour. Information sessions will be held with the City Council, Community Development, CORE and the Project Managers. Short-listed teams will be offered the City of Aspen Professional Services Contract to create a Conceptual Master Plan to compete in the Design Competition. (See Attachment E.) SUBMITTAL REQUIREMENTS: Short-listed teams shall create a conceptual master plan addressing, at minimum: 1. Total number of units and neighborhood site plan layout 2. Total unit and lot mix - types of units (i.e. town home, duplex, single family, etc.), size (1 bedroom, 2 bedroom, etc.) and income categories (as stated in APCHA guidelines) 3. Phase I unit and lot mix, income category designations, types and sizes 4. Proposed Maximum Price for construction of total project & specifically for constructing Phase I P-~l-971.doc Page 11 5. How the project will be phased and cash-flowed 6 Methods for total points achieved per City of Aspen Efficient Building Program 7. Construction procedures, material choices, building design elements and operating procedures for all energy efficient and sustainable building elements 8. "Menu" of additional sustainable building options 9. Description of how transportation management strategy in "Exhibit D" is implemented and a parking plan 10. Building plans, including exterior architectural character and floor plans 11. Landscape plans 12. Commitment to work with Building Science Consultants **All conceptual plan submittals must meet with the Conceptual PUD submittal requirements of the City of Aspen Land Use Code. SUBMITAL DUE DATE: Conceptual master plans shall be made in the form of handouts and a maximum of 5-hardboards. Any maps or drawings in the handoms must be printed to fit an 11" x 17" page. Conceptual master plans shall be submitted to the Project Manager by 2:00 pm on August 27, 2004 at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff will preliminarily analyze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and Development Plan, City of Aspen Land Use Code, etc. This analysis will be issued to the Evaluation Committee and finally the City Council. PRESENTATIONS: a) Development teams will be scheduled to make a 60-minute maximum, private presentation of their conceptual master plan to the Evaluation Committee. b) Presentation materials may only include handouts and a maximum of 5 hard boards- no models required (or allowed) at this time. c) Presentations will not include a question and answer period. The Evaluation Committee will document questions or requests for information after viewing all team presentations. d) Staff will transmit Evaluation Committee's requests to teams. e) Teams will have two weeks to revise and finalize designs responding to Evaluation Committee's requests. P--~ 1-971.doc Page 12 OPPORTUNITY TO RESPOND TO INFORMATION REQUESTS: Development Teams making presentations to the Evaluation Committee shall be given the opportunity to respond, in an accurate and thoughtful way to the Evaluation Committee's requests for additional information: Development Teams will be given two weeks from the day of receiving the Evaluation Committee's requests to document responses of additional information. This is also an opportunity for the Development Team to make minor revisions to their master plans, if the Team determines revision necessary,. Documented responses to the Evaluation Committee's requests must be submitted with the Team's Completed Conceptual Master Plan & Land Use Application. 2) COMPLETED CONCEPTUAL MASTER PLAN & LAND USE APPLICATION .... SUBMITTAL REQUIREMENTS: Completed conceptual master plans and land use applications shall include: a) Documented responses to the Evaluation Committee's written information. request for additional b) Revised Conceptual Land Use Application. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. c) One three-dimensional model of the Phase I site plan -- model must include elevations of structures and contours of the land. Model shall be at a scale of 1"=50'. No additional models will be accepted. d) Maximum of 5 new hardboards and 5 hardboards submitted previously will be allowed for final presentations. No additional hard boards will be accepted. e) A Power Point presentation (Development Teams must provide own equipment) SUBMITAL DUE DATE: Final conceptual master plans shall be submitted to the Project Manager by 2:00 pm on October 1, 2004. at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff will analyze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and Development Plan, City of Aspen Land Use Code, etc. and report findings to Evaluation Committee and finally the City Council. PRESENTATIONS: 1. Teams will make a 60-minute maximum public presentation of their finalized conceptual master plan to the City Council (Evaluation Committee & Staffpresent). P--~1-971.doc Page 13 2. A question and answer period, no longer than 60-minutes total will be held after all presentations have been completed. 3. The Evaluation Committee will make a recommendation to City Council within one week of the presentation question and ansWer period. 4. City Council will review final plans, Evaluation Committee recommendation and staff findings. ANNOUNCEMENT OF DESIGN COMPETITION WINNER: ~ , APproximately one week after the PresentatiOns and after reviewing the Evaluation'Committee s recommendations and the Staff analysis, City Council will announce the Design Competition winner at a public hearing. At this public hearing, City Council will approve the winner's conceptual Land Use Application and offer the winner Part 1 of the Developer Contract. The City reserves the right to accept or reject all competition submittals in its sole discretion. p-~ 1-971.dOc Page 14 EXHIBIT "B" to Professional Services Agreement Rate Schedule A flat fee of $30,000 for completing the Design Competition - to be paid when Design Competition winner is announced. P--~1-971.doc Page 15 ?, 07 02;03 ATTESTED BY: CITY OF ASPEN, COLORADO: WITNESSED' BY: d PROFESSIONAL: Amako Resort Construction (U.S.) Inc. Title: Project Manager Date: June 21, 2004 PS 1-971,doc Page 7 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Bald MOuntain Development -Burlingame, LLC, ("Profession- al"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional 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 w/th professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than October 31, 2004. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, except as otherwise mutually agreed to by the parties the payments made to Professional shall not exceed $30,000.00. Payment will be made when Professional has completed the Design Competition and the winner of the competition has been announced. 4. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the term/nation. No fees shall be earned after the effective date of the termination. Upon any termination, all fin/shed or unfinished documents, data, studies, surveys, PS1-971.doc Page 1 pursuant to this Agreement shall become the Property of the City. Notwithstanding the above, Professional 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 Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact mount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any 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. 7. 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. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be,'or shall be deemed to be, the employee, agent or servant of the. City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents~ employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss m connection with, and shall assume full responsibihty for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional 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 without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such hability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS1-971.doc Page 2 damage was caused in whole or in parr by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimbUrse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient mounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obhgations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to ma/ntain such continuous coverage. (i) Workers' 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE H-LTNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE M2,LION DOLLARS ($1,000,000.00) 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) Comiprehensive Automobile Liability insurance with min/mum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles · assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the ProfessiOnal has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. PS1-971.doc Page 3 (c) The policy or policies reqttired 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 carded by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, 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 certifi- cate 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 Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional fi.om 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 $15'0,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections 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. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. 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 PS 1-971 .doc Page 4 11. 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. 12. 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 remm receipt requested, to: city: Michelle Bonfils, Project Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Scott Writer Bald Mountain Development - Burlingame, LLC 321 Katie Park Lane Old Snowmass, CO 81654 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. 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 Professional to which the same may apply and, until complete performance by Professional 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. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a MotiOn or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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. PS1-971.doc Page 5 (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. 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. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page 6 EXHIBIT "A" to Professional Services Agreement Scope of Work The projected scope of work for this Design ComPetition consists of the following elements: 1) GENERAL: a. Master Plan Development teams competing in the Design Competition will create a master plan for the entire Burlingame Ranch affordable housing site. The selection committee acknowledges that every site plan will be different and density and livability solutions 'will vary. Therefore, the development teams have the discretion to design a community between 225 minimum and 330 maximum affordable housing units. It is the goal of the City Council to maximize the number of units on the site while maintaining the highest quality of life standards. The affordable housing development is westerly adjacent to the fi:ee market development at Bar/X Ranch. A part of the Bar/X Ranch development includes a possible "cultural center." The affordable housing master plan will provide for futUre access fi:om the affordable housing site to the cultUral center near the southeast coruer of the affordable housing boundary. (See map in Exhibit A.) The winning Development Team will be required, as a parr of the master plan, to compose and record covenants to protect the character of the community. Such covenants will be crucial in the sale of vacant lots. The covenants shall ensure that vacant lots be developed in an environmentally and architecturally consistent manner as affordable housing units constructed by the Development Team, in addition to other covenant items. For Example: Houses on lots are to be built to DOE Building America Program standards, achieve the Mandatory 110 Efficient Building Program measures, xeriscaping, etc. b. Guidelines The development team will understand and design a master plan within the guidelines and regulations of the attached exhibits: (1) COWOP Land Use and Development Plan (2) Pre-Annexation Agreement & Amendments (3) Aspen-Pitkin County Housing Authority Guidelines* (4) City of Aspen Housing Guidelines (5) City of Aspen Efficient Building Program Standards (6) City of Aspen Community Development Land Use Code** (7) City of Aspen Transit-Oriented-Development Options (8) Department of Energy's Building America Program Standards *Available on-line, www. aspenhousingoffice, com ** Available at the Community Development Office in Aspen City Hall. PS1-971.doc Page 8 a. Phased Development a. The City of Aspen will cash flow development of the Burlingame Ranch Affordable Housing over several years requiring construction to be phased accordingly. The master plan shall be designed to accommodate phased development, including construction of housing and construction of infrastructure within the site. The development team shall propose the number of phases and the number of units to be constructed in each phase, i.e. Phase I 100 units. The phasing and number of units per phase must work within the City's annual budgetary constraints. (See Exhibit G.) Determination of the number of phases, units and types of units should consider livability issues and demand or need for certain types of units. Teams are cautioned against allowing the financial aspect to solely drive the phasing decisions. a. Expandable Design The COWOP Task Force Team has recommended that affordable housing units be designed with the ability for owners to "expand" or build additional square footage onto their units. Unfinished basements are a practical design element that may achieve the expandable design goal. The winning Development Team shall be required to build 50% or more units that are practically expandable and still meet setbacks, height requirements, etc. or unfinished basements for all units, unless excavation work shows impeding boulders at certain home sites (Soils Repor~ ~o be provided to winning team). The Development Team must consult and gain Staff approval at each location deemed impractical for basemenl construction or other expansion methods. b. Sustainable Building Development teams competing in the Design Competition must maximize energy efficient sustainable building techniques, or "green building." The development team shall achieve at minimum a rating of 145 points per the City of Aspen Efficient Building Standards. Of the 145 minimum required points, 110 are mandatory strategies every proposal must incorporate ~'Exhibit t~). The 145 total point rating shall be achieved within the designated project budget. Development Teams will also meet the requirements.of the Department of Energy's Building America Program. Qualified consultants of the Department of Energy will assist, free of charge, the selected Development Team with the Building America design standards and requirements. Additionally, lifecycles shall be determined for all mechanical systems and appliances. The lifecycle analysis shall include the Cost to install, replace, maintain and operate the mechanical system or appliance. The lifecycle analysis should cover a 15-year period. Data for the lifecycles analysis shall be Created Per the Bfiilding AmeriCa pr°gram Standardsl The benefits Of the energy conservation measures proposed in the new buildings shall apply to a transit-oriented design: Teams shall incorporate the transit-Oriented design strategy in "EXhibit D" as created by the City of Aspen.. PS1-971.doc Page 9 c. "Menu" Of Additional Energy Efficient Or Green Building Strategies The development team shall also create a "Menu" of additional energy efficient or green building strategies and associated costs. This menu should include an explanation of the benefits (immediate or long term) and the additional points achieved per the City of Aspen Efficient Building Standards, if applicable. This menu may be used by City Council, and additional items may be added to the development team's conceptual proposal. These items will include the same life cycle analysis set forth in item (e) above. While any type of. environmentally sound innovative building technology may be proposed, the City is particularly interested in technologies that address the following: · Ecological site design; on-site erosion control, water purification/pollution reduction, and storm water management (bioswales, ecoroofs, storm water filtration, etc.). · Community site design: community spaces, recycling center and connection to nature. · Transportation: promoting bicycle, pedestrian, car sharing and transit use. · Waste reduction: building reuse, job site recycling, and efficient use of materials. On-site management of sewage and organic wastes, such as biological wastewater treatment. Energy efficiency: efficient thermal envelopes, efficient space and water heating, lighting, controls and monitoring, and appliances. Renewable energy: photovoltaics, geothermal pumps, wind turbines, micro- turbines, and fuel cells. · Water efficiency, both domestic an d irrigation, including rainwater harvesting for irrigation and toilet flushing. Materials and resources: · Durable building envelopes and long-lived materials or assemblies PS1-971.doc Page 10 · Recycled-content materials · FSC-certified woods · Safer, less toxic materials, such as alternatives to CCA-treated wood Innovative application of natural materials (characterized by low embodied energy, local ava/lability, good performance, biodegradable, safe, esthetic) such as straw, earth, and other composites. Indoor environmental quality, pollution reduction, worker and occupant safety, air cleaning, humidity control, and thermal comfort. Operations and maintenance: · Monitoring of energy, water, waste, air quality and transportation use · Resource-efficient building operations practices 1) CONCEPTUAL MASTER PLAN & LAND USE APPLICATION INFORMATION SESSION & SITE TOUR: 3- 5 Development Teams will be selected from the Qualifications Statements submittals. These teams will be required to attend mandatory information sessions & a site tour. Information sessions will be held with the City Council, Community Development, CORE and the Project Managers. Short-listed teams will be offered the City of Aspen Professional Services Contract to create a Conceptual Master Plan to compete in the Design Competition. (See Attachment E.) SUBMITTAL REQUIREMENTS: Short-listed teams shall create a conceptual master plan addressing, at minimum: 1. Total number of units and neighborhood site plan layout 2. Total unit and lot mix - types of units (i.e: town home, duplex, single family, etc.), size (1 bedroom, 2 bedroom, etc.) and income categories (as stated in APCHA guidelines) 3. Phase I unit and lot mix, income category designations, types and sizes 4. Proposed Maximum Price for construction of total project & specifically for constructing Phase I PS1-971.doc Page 11 5. How the project will be phased and cash-flowed 6. Methods for total points achieved per City of Aspen Efficient Building Program 7. Construction procedures, material choices, building design elements and operating procedures for all energy efficient and sustainable building elements 8. "Menu" of additional sustainable building options 9. Description of how transportation management strategy in '*Exhibit D" is implemented and a parking plan 10. Building plans, including exterior architectural character and floor plans 11. Landscape plans 12. Commitment to work with Building Science Consultants **All conceptual plan submittals must meet with the Conceptual PUD submittal requirements of the City of Aspen Land Use Code. SUBMITAL DUE DATE: Conceptual master plans shall be made in the form of handouts and a maximum of 5-hardboards. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. Conceptual master plans shall be submitted to the Project Manager by 2:00 pm on August 27~ 2004 at 455 Rio Grande, Second floor, Aspen, CO 81612: Staff will preliminarily analyze conceptual plans against goals for proj e~t and governing documents, i.e. COWOP Land Use and Development Plan, City of Aspen Land Use Code, 'etc. This analysis will be issued to the Evaluation Committee and finally the City Council. PRESENTATIONS: a) Development teams will be scheduled to make a 60-minute maximum, private presentation of their conceptual master plan to the Evaluation Committee. b) Presentation materials may only include handouts and a maximum of 5 hard boards- no models required (or allowed) at this time. c) Presentations will not include a question and answer period. The Evaluation Committee will document questions or requests for information after viewing all team presentations. d) Staff will transmit Evaluation Committee's requests to teams. e) Teams will have two weeks to revise and finalize designs responding to Evaluation Committee's requests. PS1-971.doc Page 12 OPPORTUNITY TO RESPOND TO INFOR~MATION REQUESTS: Development Teams making presentations to the Evaluation Committee shall be given the opportunity to respond, in an accurate and thoughtful way to the Evaluation Committee's requests for additional information: Development Teams will be given two weeks from the day of receiving the Evaluation Committee's requests to document responses of additional ihformation. This is also an opportunity for the Development Team to make minor revisions to their master plans, if the Team determines revision necessary. Documented responses to the Evaluation Committee's requests must be submitted with the Team's Completed Conceptual Master Plan & Land Use Application. 2) COMPLETED CONCEPTUAL MASTER PLAN & LAND USE APPLICATION SUBMITTAL REQUIREMENTS: Completed conceptual master plans and land use applications shall include: a) Documented responses to the Evaluation Committee's written request for information. additional b) Revised Conceptual Land Use Application. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. c) One three-dimensional model of the Phase I site plan -- model must include elevations of structures and contours of the land. Model shall be at a scale of 1"-50'- . No additional models will be accepted. d) Maximum of 5 new hardboards and 5 hardboards submitted previously will be allowed for final presentations. No additional hard boards will be accepted. e) A Power Point presentation (Development Teams must provide own equipment) SUBMITAL DUE DATE: Final conceptual master plans shall be submitted to the Project Manager by 2:00 pm on October 2004 at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff will analyze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and Development Plan, City of Aspen Land Use Code, etc. and report findings to Evaluation Committee and finally the City Council. PRESENTATIONS: 1. Teams will make a 60-minute maximum public presentation of their finalized conceptual master plan to the City Council (Evaluation Committee & Staff'present). PS1-971.doc Page 13 2. A question and answer period, no longer than 60-minmes total will be held after all presentations have been completed. 3. The Evaluation Committee will make a recommendation to City Council within one week of the presentation question and answer period. 4. City Council will review final plans, Evaluation Committee recommendation and staff findings. ANNOUNCEMENT OF DESIGN COMPETITION WINNER: Approximately one week after the presentations and after reviewing the Evaluation Committee's recommendations and the Staff analysis, City Council will announce the Design Competition winner at a public hearing. At this public hearing, City Council will approve the winner's conceptual Land Use Application and offer the w/nner Part 1 of the Developer Contract. The City reserves the right to accept or reject all competition submittals in its sole discretion. PS1-971.dOc Page 14 EXHIBIT "B" to Professional Services Agreement Rate Schedule A flat fee o£$30,000 for completing the Design Competition - to be paid when Design Competition winner is announced. PS1-971.doc Page 15 ATTESTED BY: /~.. By: Title: Date: CITY OF ASPEN, COLORADO: WITNESSED BY: PROFESSIONAL: PS1-971.doc Page 7 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Femon Construction, Inc., ("Professional"). For and in consideration of the mutual covenants contained hereiF, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional 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. The parties anticipate that ali work pursuant to this agreement shall be completed no later than October 31, 2004. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as requ/red 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 Professional. 3. Payment. In consideration of the work performed, excePt as otherwise mutually agreed to by the parties the payments made to Professional shall not exceed $30,000.00. Payment will be made when Professional has completed the Design Competition and the winner of the competition has been announced. 4. Non-Assignabili_ty. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the. other. Sub-Contracting, if. authorized, shall not relieve the Professional of any of the responsibilities or obligations under 'this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for.this purpose be deemed to be an agent or employee of the Professional to the extent of the subc.ontra~t, be City shall not be obligated to pay or be liable for payment of any sums due which may be due to any. sub-contractor. 5. Termination, The Professional or the~ ~ity 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 terminati°n. N9 fees shall be e~?d after the :effective Oat~ 0f the termination. Upon any termination, all fin/shed or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional P--~ 1-971.doc Page 1 pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional 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 Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting fi:om the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that notking contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance oft his contract. Professional shall indemnify City against all 1/ability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and~or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional 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 without limitation claims arising fi:om bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands~ If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS1-971.doc Page 2 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("Cityi') and Fenton Construction, Inc., ("Professional"). For and in consideration of the mutual covenants contained herein, the part/es agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional 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. The parties anticipate that all work pursuant to this agreement shall be completed no later than October 31, 2004. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 2. Payment. In consideration of the'work performed, except as otherwise mutually agreed to by the parties the payments made to Professional shall not exceed $30,000.00. Payment will be made when Professional has completed the Design Competition and the winner of the competition has been announced. 4. Non-Assignabihty. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the. other. Sub-Contracting, if authorized, shall not reheve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall' be earned after 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 Professional PS1-971.doc Page 1 pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to t~e City for damages sustained by the City by virtue of any breach of this Agreement by the. Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional 'warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Profe}sional, 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 fi:om the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall resuk in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City, No agent, employee, or servant of Professional shall be, :or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are ava/labte fi:om City to the employees, agents or servants of Professional. Professional Shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, 'state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the serv/ces agreed to herein. 8. Indemnification. Professional 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 without limitation claims arising fi:om bodily injury, personal injury, Sickness, diseaSe, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this. contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, profeSsional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the ProfeSsional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The ProfesSional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands, If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS i-971 .doc Page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient mounts, duration, or types. (b) Professional shall procure and maintain, and shall eause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall 'be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all 1/ability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' 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 minimmn limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)' for each accident, FIVE I47JNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MIl,LION DOLLARS ($1,000,000.00) each occurrence and ONE MIl,LION DOLLARS ($1,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. PS 1-971 .doc Page 3 (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 carded by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's .insurance agent as evidence that policies providing the reqnired coverages, condi- tions, 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 certifi- cate 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 Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 er seq., C.R.S., as from time to' time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as suCh participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of ASPen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. ' 11. 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 PS1-971.doc Page written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. 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: Michelle Bonfils, Project Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Pat Fenton Fenton Construction 117 Sour Monarch Aspen, CO 81611 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The wmver 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 Professional to which the same may apply and, until complete performance by Professional 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 indulgenc.e. 15. Execution of Agreement by CiW. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized Official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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. PS1-971.doc Page 5 (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) Tiffs agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page 6 EXHIBIT "A" to Professional Services Agreement Scope of Work The projected scope of work for this Design Competition consists of the following elements: 1) GENERAL: a. Master Plan Development teams competing in the Design Competition will create a master plan for the entire Burlingame Ranch affordable housing site. The selection committee acknowledges that every site plan will be different and density and livability solutions'will vary. Therefore, the development teams have the discretion to design a community between 225 minimum and 330 maximum affordable housing units. It is the goal of the City Council to maximize the number of units on the site while maintaining the highest quality of life standards. The affordable housing development is westerly adjacent to the free market development at Bar/X Ranch. A parr of the Bar/X Ranch development includes a possible "cultural center." The affordable housing master plan will provide for future access from the affordable housing site to the cultural center near the southeast comer of the affordable housing boundary. (See map in Exhibit A.) The winning Development Team will be required, as a part of the master plan, to compose and record covenants to protect the character of the community. Such covenants will be crucial in the sale of vacant lots. The covenants shall ensure that vacant lots be developed in an environmentally and architecturally consistent manner as affordable housing units constructed by the Development Team, in addition to other covenant items. For Example: Houses on lots are to be built to DOE Building America Program standards, achieve the Mandatory 110 Efficient Building Program measures, xeriscaping, etc. b. Guidelines The development team will understand and design a master plan within the guidelines and regulations of the attached exhibits: (1) COWOP Land Use and Development Plan (2) Pre-Annexation Agreement & Amendments (3) Aspen-Pitkin County Housing Authority Guidelines* (4) City of Aspen Housing Guidelines (5) City of Aspen Efficient Building Program Standards (6) City of Aspen Community Development Land Use Code** (7) 'City of Aspen Transit-Oriented-Development Options (8) Department of Energy's Building America Program Standards *Available on-line, www. aspenhousingqf_fice, com ** Available at the Community Development Office in Aspen City Hall. PS1-971.doc Page 8 a. Phased Development a. The City of Aspen will cash flow development of the Burlingame Ranch Affordable Housing over several years requiring construction to be phased accordingly. The master plan shall be designed to accommodate phased development, including construction of housing and construction of infrastructure within the site. The development team shall propose the number of phases and the number of units to be constructed in each phase, i.e. Phase I 100 units. The phasing and number of units per phase must work within the Citv's annual budgetary constraints. (See Exhibit G.) Determination of the number of phases, units and types of units should consider livability issues and demand or need for certain types of units. Teams are cautioned against allowing the financial aspect to solely drive the phasing decisions. a. Expandable Design The COWOP Task Force Team has recommended that affordable housing units be designed with the ability for owners to "expand" or build additional square footage onto their units. Unfinished basements are a practical design element that may achieve the expandable design goal. The winning Development Team shall be required to build 50% or more units that are practically expandable and still meet setbacks, height requirements, etc. or unfinished basements for all units, unless excavation work shows impeding boulders at certain home sites (Soils Report to be provided to winning team). The Development Team must consult and gain Staff approval at each location deemed impractical for basement construction or other expansion methods. b. Sustainable Building Development teams competing in the Design Competition must maximize energy efficient sustainable building techniques, or "green building." The development team shall achieve at minimum a rating of 145 points per the City of Aspen Efficient Building Standards. Of the 145 minimum required points, 110 are mandatory strategies every proposal must incorporate (Exhibit B). The 145 total point rating shall be achieved within the designated project budget. Development Teams will also meet the requirements of the Department of Energy's Building America Program. Qualified consultants of the Department of Energy will assist, free of charge, the selected Development Team with the Building America design standards and requirements. Additionally, lifecycles shall be determined for all mechanical systems and appliances. The lifecycle analysis shall include the cost to install, replace, maintain and operate the mechanical system or appliance. The lifecycle analysis should cover a 15-year period. Data for the lifecycles analysis shall be created per the Building America Program standards. The benefits Of the energy conservation measures 'proposed in the new buildings shall apply to a transit-oriented design: Teams shall incorporate the transit-oriented design strategy in "Exhibit D" as created by the City of Aspen. PS1-971.doc Page 9 c. "Menu" Of Additional Energy Efficient Or Green Building Strategies The development team shall also create a "Menu" of additional energy efficient or green building strategies and associated costs. This menu shoUld include an explanation of the benefits (immediate or long term) and the additional points achieved per the City of Aspen Efficient Building Standards, if applicable. This menu may be used by City Council, and additional items may be added to the development team's conceptual proposal. These items will include the same life cycle analysis set forth in item (e) above. While any type of. environmentally sound innovative building technology may be proposed, the City is particularly interested in technologies that address the following: · Ecological site design; on-site erosion control,'water purification/pollution reduction, and storm water management (bioswales, ecoroofs, storm water filtration, etc.). · Community site design: community spaces, recycling center and connection to nature. · Transportation: promoting bicycle, pedestrian, car sharing and transit use. · Waste reduction: building reuse, job site recycling, and efficient use of materials. On-site management of sewage and organic wastes, such as biological wastewater treatment. Energy efficiency: efficient thermal envelopes, efficient space and water heating, lighting, Controls and monitoring, and appliances. Renewable energy: photovoltaics, geothermal pumps, wind turbines, micro- turbines, and fuel ceils. Water efficiency, both domestic and irrigation, including rainwater harvesting for irrigation and toilet flushing. · Materials and resources: Durable building envelopes and long-lived materials or assemblies P--~ 1-971.doc Page 10 · Recycled-content materials · FSC-certified woods Safer, less toxic materials, such as alternatives to CCA-treated wood · Innovative application of natural materials (characterized by low embodied energy, local availability, good performance, biodegradable, safe, esthetic) such as straw, earth, and other composites. Indoor environmental quality, pollution reduction, worker and occupant safety, a~r cleaning, humidity control, and thermal comfort. Operations and maintenance: · Monitoring of energy, water, waste, air quality and transportation use · Resource-efficient building operations practices 1) CONCEPTUAL MASTER PLAN & LAND USE APPLICATION INFORMATION SESSION & SITE TOUR: 3- 5 Development Teams will be selected from the Qualifications Statements submittals. These teams will be required to attend.mandatory information sessions & a site tour. Information sessions will be held with the City Council, Community Development, CORE and the Project Managers. Short-listed teams will be offered the City of Aspen Professional Sendces Contract to create a Conceptual Master Plan to compete in the Design Competition. (See Attachment E.) SUBMITTAL REQUIREMENTS: Short-listed teams shall create a conceptual master plan adch-essing, at minimum: 1. Total number of units and neighborhood site plan layout 2. Total unit and lot mix - types of units (i.e: town home, duplex, single family, etc.), size (1 bedroom, 2 bedroom, etc.) and income categories (as stated in APCHA guidelines) 3. Phase I unit and lot mix, income category designations, types and sizes 4. Proposed Maximum Price for construction of total project & specifically for constructing Phase I PS1-971.doc Page 11 o How the project will be phased and cash-flowed Methods for total points achieved per City of Aspen Efficient Building Program Construction procedures, material choices, building design elements and operating procedures for all energy efficient and sustainable building elements 8. "Menu" of additional sustainable building options 9. Description of how transportation management strategy in "Exhibit D" is implemented and a parking plan 10. Building plans, including exterior architectural character and floor plans 11. Landscape plans 12. Commitment to work with Building Science Consultants **All conceptual plan sul~mittats must meet with the Conceptual PUD submittal requirements of the City of Aspen Land Use Code. SUBMITAL DUE DATE: Conceptual master plans shall be made in the form of handouts and a maximum of 5-hardboards. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. Conceptual master plans shall be submitted to the Project Manager by 2:00 pm on August 27, 2004 at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff will preliminarily analyze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and DeVelopment Plan, City of Aspen Land Use Code, etc. This analysis will be issued to the Evaluation Committee and finally the City Council. PRESENTATIONS: a) Development teams will be Scheduled to make a 60-minute maximum, private presentation of their conceptual master plan to the Evaluation Committee. b) Presentation materials may only include handouts and a maximum of 5 hard boards- no models required (or alloWed) at this time. c) Presentations wilt not include a question and answer per/od. The Evaluation Committee will document questions or requests for information after viewing all team presentations. d) Staffwill transmit Evaluation Committee,s requests to teams. e) Teams will have two weeks tO revise and finalize designs responding to Evaluation Committee's requests. · PS1-971.doc Page 12 oPPORTUNITY TO RESPOND TO INFORMATION REQUESTS: Development Teams making presentations to the Evaluation Committee shall be given the opportunity to respond, in an accurate and thoughtful way to the Evaluation Committee's requests for additional information: Development Teams will be given two weeks from the day of receiving the Evaluation Committee's requests to document responses of additional information. This is also an opportunity for the Development Team to make minor revisions to their master plans, if the Team determines revision necessary. Documented responses to the Evaluation Committee's requests must be submitted with the Team's Completed Conceptual Master Plan & Land Use Application. 2) COMPLETED CONCEPTUAL MASTER PLAN & LAND USE APPLICATION SUBMITTAL REQUIREMENTS: Completed conceptual master plans and land use applications shall include: a) Documented responses to the Evaluation Committee's written request information. for additional b) Revised Conceptual Land Use Application. Any maps or drawings in the handouts must be printed to fit an 11" x 17" page. c) One three-dimensional model of the Phase I site plan -- model must include elevations of structures and contours of the land. Model shall be ar a scale of 1"=50'. No additional models will be accepted. d) Maximum of 5 new hardboards and 5 hardboards submitted previously will be allowed for final presentations. No additional hard boards will be accepted. e) A Power Point presentation (Development Teams must provide own equipment) SUBMITAL DUE DATE: Final conceptual master plans shall be submitted to the Project Manager by 2:00 pm on October 2004 at 455 Rio Grande, Second floor, Aspen, CO 81612. Staff will analyze conceptual plans against goals for project and governing documents, i.e. COWOP Land Use and Development Plan, City of Aspen Land Use Code, etc. and report findings to Evaluation Committee and finally the City Council. PRESENTATIONS: 1. Teams will make a 60-minute maximum public presentation of their finalized conceptual master plan to the City Council (Evaluation Committee & Staffpresem). PS 1-971 .doc Page 13 A question and answer period, no longer than 60-minutes total will be held after all presentations have been completed. The Evaluation Committee will make a recommendation to City Council'within one week of the presentation question and answer period. City Council will review final plans, Evaluation Committee recommendation and staff findings. ANNOUNCEMENT OF DESIGN COMPETITION WINNER: Approximately one week after the presentations and after reviewing the Evaluation Committee's recommendations and the Staff analysis, City Council will announce the Design Competition winner at a public hearing. At this public hearing, City Council will approve the winner's conceptual Land Use Application and offer the winner Part 1 of the Developer Contract. The City reserves the right to accept or reject all competition submittals in its sole discretion. PS1-971.doc Page 14 EXHIBIT "B" to Professional Services Agreement Rate Schedule A fiat fee of $30,000 for completing the Design Competition - to be paid when Design Competition winner is announced. PS1-971.doc Page 15 JUL-13-2004 ?UE 10:02 NO, P, 02/02 ATTESTED BY: CITY OF ASPEN, COLORADO: WITNESSED BY: PROFESSIONAL: PS1-971.do¢ Pago 7