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HomeMy WebLinkAboutresolution.council.072-00 RESOLUTION NO. 72 (SERIES OF 2000) A RESOLUTION OF THE CITY COUNCIL OF ASPEN. COLORADO. APPROVING A CONTRACTURAL AGREEMENT BETWEEN THE CITY OF ASPEN AND TED GUY ASSOCIATES. AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado and Ted Guy Associtates, a copy of which contract is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that the contract between the City of Aspen, Colorado, and Ted Guy Associates, regard'rog the contract for Architectural Services For Tmscott Place Housing Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: thO,,., 2~. ,2000. I, Kathryn Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ]T'~ ,,~ ,2000. ,t AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Theodore K. Guy and Associates, P.C., Box 1640, 23280 Two Rivers Road, Basalt, Colorado 81621 ("Architect"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Services. Architect shall perform in a competent and professional manner the Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Architect shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. Upon request of the City, Architect shall submit, for the City's approval, a schedule for the performance of Architect's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Architect. 3. Payment. In consideration of the work performed, City shall pay Architect FOUR HUNDRED ONE THOUSAND, TWO HUNDRED SEVENTEEN DOLLARS ($401,217) plus reimbursable expenses in the event that all Phases are performed as requested by City. The City shall have the option of asking Architect to perform any number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it wishes to have performed via formal written Notices to Proceed. Fees including any additional services or reimbursable expenses shall not exceed the following amounts for each given phase: Planning Phase: $0 Schematic Design Phase: $0 Design Development Phase: $94,404 Construction Document Phase: $188,808 Bidding and Negotiation Phase: $23,601 Construction Phase: $94,404 AG1-981 Page 1 -- 4. Contract Documents. The following documents are agreed to constitute the Contract Documents. In the event that any provision of one Contract Document conflicts with the provisions of another, the provision in the Contract Document listed first below shall govern, except as otherwise specifically stated: a. Agreement b. Request for Proposals & Scope of Services c. Proposal/Cost estimate and attachments, including ail written representations of Architect d. Instructions to Proposers e. Supplementai Conditions, if any f. City's Standard Terms and Conditions for Professionai Architecturai Services. 5. Compliance With Procurement Code. The Architect acknowledges that this Agreement is entered into subject to the requirements of the City of Aspen Procurement Code, Title 4, of the Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference (copies of the code are available upon request to the City for a nominai charge). Architect shall immediately notify the City Manager in writing of any violation of said Code by the City's employees or agents, which violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any violation of the Procurement Code shail be deemed as a waiver of any action or defense that the Architect may have against the City by reason of such violation of the Procurement Code. 6. Non-Assignability. Both parties recognize that this contract is one for specific services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Architect of any of the responsibilities or obligations under this agreement. Architect shall be and remain solely responsible to the City for the negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom shail, for this purpose be deemed to be an agent or employee of the Architect to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 7. Tenuination for Default or for Convenience of City. a. Termination by City. The performance of services under this Agreement may be terminated by the City: 1. Whenever the Architect shall default in performance of this Agreement in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer as the City may allow or shorter, but not less than three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand-delivery or mailing to the Architect of a notice specifying the default. If mailed, said notice shall be sent by certified mall, return receipt requested, to the address specified herein for Architect. AG1-981 Page 2 -- The Architect shall not be in default be masons of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Architect. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control of the Architect. Upon request of the Architect, the City shall ascertain the facts and failure, and, if the City shall determine that any failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or 2. Whenever for any reason and in its sole discretion the City shall determine that such termination is in its best interest and convenient. b. Notice of Termination. In the event of termination for the convenience of the City, the City shall deliver to the Architect a written notice of termination, specifying the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3) business days. The notice of termination shall be sent regular first-class mail to the address of the Architect herein provided. The Architect or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Architect shall become the property of the City. Notwithstanding the above, Architect shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Architect, and the City may withhold any payments to the Architect for the purposes of set-off until such time as the exact amount of such damages due the City from the Architect may be determined. c. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of the City, unless otherwise directed by the City, the Architect shall: 1. Stop work under the Agreement on the date specified in the notice of termination. 2. Place no further orders for materials, services or facilities. 3. Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. AG1-981 Page 4. With the approval or ratification of the City, settle all outstanding liabilities and all claims arising out of such termination on orders or reimbursable in whole or in part in accordance with this Agreement. d. Termination Payment. After the effective date of a notice of termination for the convenience of the City, the Architect shall submit to the City his termination claim in the form of a final invoice in accordance with the provisions in Section 3 hereinabove, including costs incurred and profit to the date of termination (but not for future profit, which shall not be paid), and costs incurred because of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Architect, no extra costs incurred because of termination shall be paid to the Architect and any costs paid shall not be a waiver of any claim, counterclaim or setoff by the City against the Architect on account of any default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or mom extensions are granted in writing by the City. Upon the Architect's failure to submit a claim in the time allowed, the City may review the information available to it and determine the amount due the Architect, if any, and pay the Amhitect the amount as determined. e. Termination Settlement. Subject to Paragraph 5.d, the Architect and City may negotiate the whole or any part of the amount or amounts to be paid, upon termination for default or the convenience of the City. f. Remedies. The Architect shall have the right of appeal from any determination made by the City under this termination section; except that if the Architect has failed to submit his claim within the time provided in Paragraph 5.d, above, and has failed to properly request an extension, he shall have no right of appeal. In any case where the City has made a determination of the amount due under Paragraph 5.d. or 5.e, above, the City shall pay the Architect: (1) the amount the City has determined if there is no right of appeal or if timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been taken. g. Method of Appeal. If the Amhitect disagrees with the City's determination under Paragraphs 5.d. or 5.e., he can appeal this decision in writing to the City. Such appeal must be made in writing within twenty (20) days of receipt in writing of the City's determination. The City shall have twenty (20) days in which to respond in writing to the appeal. The City's response shall be final and conclusive unless within thirty (30) days from the date of receipt of such response the Architect submits the dispute to a court of competent jurisdiction. 8. Covenant Against Contingent Fees. The Architect warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Architect, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For a breach or violation of AG1-981 Page4 -- this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 9. Independent Contractor Status. R is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Architect shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Architect shall be, or shail be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect's agents, employees, servants and subcontractors during the performance of this contract. Architect shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Architect and/or Architect's employees engaged in the performance of the services agreed to herein. ARCHITECT, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THIS AGREEMENT. 10. Indemnification. Architect agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of the Architect's performance of services under this agreement, to the extent such injury, loss, or damage is caused by the negligent act or ommission of the architect. 11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Architect pursuant to Section 8 above in amounts and aggregates as stated below. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Architect shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Architect shall procure and maintain, and shall cause any subcontractor of the Architect to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Architect pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. AG1-981 Page 5 -- (i) Worlemen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of no less than the state of Colorado statutory minimums. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each occurrence and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) aggregate with respect to each Architect's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interest provision. If the Architect has no owned automobiles, the requirements of this Section shall be met by each employee of the Architect providing services to the City under this contract. (iv) Architect Liability insurance with the minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each claim and FIVE HUNDRED THOUSAND DOLLARS ($500,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Architect. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Architect shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Architect's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. AG1-981 Page 6 -- (e) Failure on the part of the Architect to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City may offset the cost of the premiums against monies due to Architect from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 12. City's Insurance. The patties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Architect for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Architect reasonable notice of any changes in its membership or participation in CIRSA. 13. Exemption From Sales and Use Taxes. All purchases of construction, building or other materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's State of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is 84- 6000563. 14. Ownership of Design Materials and Documents. a. The copies or other tangible embodiments of ail design materials, whether or not such materials are subject to intellectual property protection, including but not limited to documents, shop drawings, computer programs developed for the Project or if such programs are not the property of Architect or Subcontractor, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, as-built documents, and any other documents developed, prepared, furnished, delivered or required to be delivered by the Architect or Subcontractor to City under the Contract Documents (collectively "Design Materials") shall be and remain the property of the City whether or not the Project is commenced or completed; provided, however, that City makes payment for the documents in accordance with this Agreement. During the term of the Agreement, the Architect shall be responsible for any loss or damage to the Design Materials, while the Materials are in the possession of the Architect or any of its Subcontractors, and any such Design Materials lost or damaged shall be replaced or restored at the Architect's expense. The intellectual property rights, if any, to the contents of or concepts AG1-981 Page 7 -- embodied in the Design Materials shall belong to the Architect or its Design Subcontractors in accordance with their contractual relationship and may be copyrighted by them in the United States or in any other country, or be subject to any other intellectual property protection. b. As to those Design Materials subject to copyright or as to which patent or trademark, or any other form of intellectual property protection has been, is or will be obtained, the Architect grants to City as of the date that the Design Materials are delivered or required to be delivered to the City, a world-wide, paid-up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property protection, for the City to use, reproduce and have reproduced, display and allow others to display and to publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation to the Architect or any third party subject to the following restrictions: (a) All copyright and other intellectual proprietary rights in or relating to any of the Design Materials, shall remain the property of the Architect or Design Subcontractor whether or not the Project is constructed. It is understood that, except as provided in this paragraph, the Architect and Design Subcontractor shall have the right to use any detail, part, concept or system(s) shown on, specified in, or inferable from the Design Materials on any other project and to retain copies for the Architect's or Design Subcontractor's future use; (b) City shall not, without prior written consent of the Architect or Design Subcontractor use Design Materials or documents, in whole or in part, for the construction of may other project. If, however, City agrees to indemnify the owner of the intellectual property rights against liability arising from the misuse or incorrect use of Design Materials by City, City shall be entitled to, at no additional cost to the City, use such materials and documents for additions, improvements, changes or alterations to the Project after completion. If Architect is in default under this Contract and the Contract is terminated, City shall be entitled to use the Design Materials for completion of the Project by others without additional compensation, or a release, indemnification or other action by City; (c) Any reproduction of the Design Materials or part of them shall be faithful and accurate to the original and of good quality; (d) City shall not remove or alter, and shall reproduce and prominently display on all copies made by City, the copyright notice and other proprietary legends appearing on the Design Materials when delivered to City. The restrictions set forth in (c) and (d) above shall be imposed by City on any third party to whom the City allows to display or publish the Design Materials. c. It is understood that City considers the Project's aggregate architectural expression (that is, the overall combination of the Project's visually apparent design features) and any distinctive individual features, to be unique and of commercial value, and the Architect and its Design Subcontractors agree not to design or build, or allow other third parties the use of the Design Materials to design or build another structure(s) having a substantially similar architectural expression so that an average person would relate the stmcturc(s) to the Project. Architect and its Design Subcontractors shall, however, be free to use individual features from the Project or combinations of features in other projects, so long as the Architect complies with the first sentence of this paragraph. AG1-981 Page Architect shall include this provision in its contracts with its Design subcontractors and provide copies of these agreements to City. d. As of the conclusion of the Project, or in the event of termination of the Agreement, Architect shall turn over to City any of the Design Materials referred to in above which have not yet been submitted to City. Architect shall submit the Design Materials to City within ten days of the conclusion of the project, or date of termination. In the event of the failure by Architect to make such delivery as provided above, Architect shall pay City any damages City may sustain from the failure. 15. Annual Appropriations. If the Agreement awarded as a result of a bid or request for ~proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any agreement is conditional upon annual appropriation of funds by said governing body and that before providing services or materials for which funds have not been appropriated. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Architect: City Manager Theodore K. Guy, President City of Aspen ..Theodore K. Guy Associates P.C. 130 South Galena Street _Box 1640 Aspen, Colorado 81611 _ Basalt, Colorado 81621 18. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perforn~ services under this contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. AGI-981 Page 9 20. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager or Mayor (or duly authorized official in his absence) to execute the same. 21. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (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. AG1-981 Page 10 -- IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: ~ ATTESTED BY: CITY OF ASPEN, COLORADO: ARCHITECT: WITNESSED BY: Theodore K. Gu,/Assoc. P.C. By: ~"~~ ~ APPROVED AS TO FORM BY: REVIEWED BY: City Attorney Project Manager IPW-04/26/00-M:\city~cityat ty~areh~ag 1-981.doc AG1-981 Page MEMORANDUM To: City Council Thru: John Worcester From: Lee Novak Subject: Housing Architecture Contract: Date: May 17, 2000 Summary: Staffis asking Council to approve the attached contract for housing architecture for the Truscott and Plum Tree redevelopment. The contract with Ted Guy and Associates is for $401,217.00 and will be paid with housing funds. Baekground: Council has directed staff to move forward with a final application for the Truscott redevelopment. This contract will provide design services for the final application, for construction documents and for construction administration. Ted Guy and Associates was selected through an RFP process and performed the conceptual design work. Staffbelieve that their excellent performance during that phase and their knowledge of the project warrant extending their term of service through the project's completion. Council has already approved contracts for golf architecture and traffic intersection design. Staffis on schedule to submit a fmal-application for Community Development review by early June. That application will include a preliminary timeline for construction. Recommendation: Staffrecommands that Council approve this contract with Ted Guy and Associates. This contract is necessary to remain on schedule for the completion of the Truscott project. Staff believes that the fee schedules outlined in both of these contracts is Fair and competitive with the market. City of Aspen Standard Terms and Conditions - Archit~ctaral Services lo City ofAspen STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENTS (Version AGC-981) AGC-981 Page i Ciw of As~en Standard Terms and Conditions - Architectural Services CITY OF ASPEN, COLORADO STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT (Version AGC-9$1} , INTRODUCTION These standard terms and conditions have been prepared by the City of Aspen to be incorporated by reference into Agreements entered into between the City ,of Aspen and architects or professional architectural firms for professional architectural services. The provisions herein are interrelated with other standard contract documents customarily used by the City of Aspen and a change in one may necessitate a change in others. Whenever a conflict exists in the terms and conditions of this document and the Agreement, the terms and conditions set forth in the Agreement shall take precedence. ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES 1.1. GENERAL 1.1.1. The Architect shall perform the services undertaken according to the Agreement with the City. The part of the project for which Architect is to provide services pursuant to the Agreement with the City is hereinafter called This Part of the Project. 1.1.2. The Architect shall designate, when necessary, a representative authorized to act in the Arehitect's behaff with respect to This Part of the Project. 1.1.3. The Architect's services shall be performed in character, sequence and timing so that _they will be coordinated with those of the City and all other consultants for the Project. 1.1.4 The Architect shall recommend to the City the obtaining of such investigations, surveys, tests, analyses and reports as may be necessary for the proper execution of the Architect's services. AGC-981 Page 2 City of Asoen Standard Terms and Conditions - Architectural Services 1.1.5 The Architect shall provide progress copies of drawings, reports, specifications and other necessary information to the City and other consultants. AH aspects of the Work designed by the Architect shall be coordinated by the Architect, and the Architect shall also become familiar with the Work designed by the City and other consultants as necessary for the proper coordination of the Project. 1.1.6 The Architect shall cooperate with the City .in determining the proper share of the construction budget to be allocated to This Part of the Project. 1.2 BASIC SERVICES The Scope of Work document shall set forth the Basic Services which the Architect has agreed to perform. The Scope of Work may consist of one or more of the following phases. The terms and conditions set forth below apply to those phases which have been made a part of the Scope of Services. DESIGN DEVELOPMENT PHASE 1.2.4 When authorized by the City, the Architect shall prepare from the Schematic Design Studies approved by the City the Design DeVelopment Documents. These shall consist of drawings and other documents to fix and describe This Part of the( Project, including materials, equipment, component systems and types of construction as may be appropriate, all of which are to be approved by the City. 1.2.5 'The Architect shall submit to the City a further Statement of Probable Construction Cost of This Part of the Project CONSTRUCTION DOCUMENTS PHASE 1.2.6 When authorized by the City, the Architect shall prepare from the Design Development Documents drawings and specifications setting forth in detail the requirements for the construction of This Part of the Project, all of which are to be approved by the City. The Architect shall prepare the Drawings and Specifications in such format as the City may reasonably require. 1.2.7 The Architect shah advise the City of any adjustments to previous Statements of Probable Construction Cost of This Part of the Project indicated by changes in requirements or general market conditions. AGC-981 Pa~e 3 City of Ashen Standard Terms ~d Conditions - Archi~e¢lural Services 1.2.8 The Architect shall assist the City as necessary in connection with the responsibility for f'ding the documents concerning This Part of the Project required for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.2.9 ff required by the City, the Architect shaH assist the City's project engineer in obtaining and evaluating bids or negotiated proposals, and in awarding and preparing contracts for construction. CONSTRUCTION PHASE. ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.2.10 The Construction Phase will commence with the award of the Contract for Construction and together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due or, in the absence of a final Certificate for Payment or of such due date, sixty days after the date of Substantial Completion of the Work, whichever occurs first. 1.2.11 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shaH assist the City in the Administration of the Contract for Construction with respect to This Part of the Project, as set forth below and in General Conditions of the Contract for Construction. 1.2.12 The Architect shaH visit the site at intervals appropriate to the stage of construction for This Part of the Project or as otherwise agreed with the City in writing, to become familiar with the progress and quality of the Work for This Part of the Project and to determine ff such Work is proceeding in accordance with the Contract Documents. However the Architect shall not be required to make continuous on-site inspections to check quality or quantity of work. The Architect shall keep the City infOrmed of the progress and quality of the Work for This Part of the Project and shall through reasonable efforts guard the City against defects and deficiencies in such Work of the Contractor. 1.2.13 The Architect shaH at aH times have access to the Work for This Part of the Project wherever it is in preparation or progress. 1.2.14 The Architect, based on observations at the site and on evaluations of the Contractor's Applications for Payment, shall assist the City in determining the amounts owing to the Contractor for This Part of the Project and shall certify such amounts to the City. Such certification shall be in writing ff requested. AGC-98~ Pa~e & City of Aspen Standard Terms and Conditions - Architectural Services 1.2.15 Certification by the Architect to the City of an amount owing to the Contractor shall constitute a representation by the Architect to the City that, based on the Architect's observations at the site as provided in Subparagraph 1.2.12 and the data comprising the Contractor's Application for Payment, the Work for This Part of the Project has progressed to the point indicated; that in the Architect's professional opinion, the quality of such Work is in accordance with the Contract Documents (subject to an evaluation of such Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated by the Architect); and that the Contractor is entitled to payment in the amount certified. 1.2.16 Upon written request of the City, the Architect shall furnish to the City, with reasonable promptness, written interpretations of the Contract Documents prepared by the Architect, if, in the opinion of the City, such interpretations are necessary for the proper execution or progress of the Work. 1.2.17 The Architect shall render written recommendations, within a reasonable time, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of This Part of the Project or the interpretation of the Contract Documents. 1.2.18 The Architect shall assist the City in determining whether the City shall reject Work for This Part of the Project which does not conform to the Contract Documents or whether special inspection or testing is required. 1.2.19 The Architect shall review and approve, or take other appropriate action upon, and forward to the City for fmal disposition the Contractor's submittals such as Shop Drawings, Product Data and Samples with respect to This Part of the Project; but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay, while allowing sufficient time in the architects judgement to permit adequate review. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.2.20 The Architect shall assist the City in preparing Change Orders for This Part of the Project for the City's approval and execution in accordance with the Contract Documents. The Architect shall recommend to the City minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. AGC-981 Page 5 City of Asoen Standard Terms and Conditions - Architectural Services 1.2.21 The Architect shall assist the City in conducting inspections, with respect to This Part of the Project, to determine the dates of Substantial Completion and f'mal completion, and shall review and approve, or take other appropriate action on, the Contractor's list of items to be completed or corrected and shall forward the list to the City for final disposition. The Architect shall assist the City in receiving and forwarding for review written warranties and related documents required by the Contract Documents and assembled by the Contractor with respect to This Part of the Project. The Architect shall issue to the City a final certificate in writing with respect to f'mal payment for This Part of the Project. 1.2.22 If at any time during This Part of the Project the Architect determines that it is necessary to provide more extensive representation at the site for the Architect to fuff'fll the Architect's responsibilities at the site as described hereinabove, the Architect shall provide one or more Project Representatives, as necessary, to assist the Architect. Such Project Representatives shall be selected, employed and directed by the Architect. 1.3 ADDITIONAL SERVICES The following Services are not included in Basic Services unless specifically included in the Scope of Work. They shall, however, be provided ff requested in writing by the City, and they shall be paid for by the City as provided in the Agreement, in addition to the compensation for Basic Services. 1.3.1 Providing financial feasibility or other special studies. 1.3.2 Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective ~ites, and preparing special surveys, studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.3.3 Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the construction Phase. 1.3.4 Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information related thereto. 1.3.5 Preparing documents for alternate, separate or sequential bids, or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the City. 1.3.6 Providing coordination of work performed by separate contractors or by the City's own forces. AGC-981 Pa~e 6 City of As~en Standard Terms and Conditions - Architectural Servieeg 1.3.7 Providing services in connection with the work of a construction manager or separate consultants retained by the City. 1.3.8 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material, equipment and labor. 1.3.9 Providing engineering services or special consultants related to interior design services and other similar services required for, or in connection with, the selection, procurement or installation of furniture, furnishings and related equipment. 1.3.10 Providing services for planning tenant or rental spaces. 1.3.11 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approVals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or are due to other causes not solely within the control of the Architect. 1.3.i2 Preparing Drawings, Specifications and supporting data, and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.3.13 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, and providing services required in connection with construction performed by the City. 1.3.14 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 1.3.15 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or the Contractor under the Contract for Construction. 1.3.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction, based on marked-up prints, drawings and other data furnished by the Contractor to the City. AGC-981 Page 7 City of Asoen Standard Terms and Conditions - Architectural Serviee~ 1.3.17 Providing extensive assistance in the utilization of any equipment or system, such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.3.18 Providing services after issuance to the City of the f'mai Certificate for Payment, or in the absence of a f'mal Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.3.19 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.20 Providing services of consultants for other than the normal engineering services for This Part of the Project. 1.3.21 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 The City shall, with reasonable promptness, provide all available information regarding the requirements for This Part of the Project. 2.2 The City shall designate, when necessary, a representative authorized to act in the City's behalf with respect to This Part of the Project. The City, or such authorized representative, shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. Architect's invoice shall be for the period ending the 25th day of each month. The invoice should be received by the City's Project Manager no later than the 1st of each month. 2.8 If the City observes or otherwise becomes aware of any fault or defect with respect to This Part of the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Architect. AGC-981 Page 8 City of A$oen Standard Terms and Conditions- Architectural Services 2.9 The City shah consult with the Architect before issuing interpretations or clarifications of the Architect's Drawings and Specifications and shall request the recommendation of the Architect before acting upon Shop Drawings, Product Data, Samples or other submissions of the Contractor, or upon Change Orders affecting This Part of the Project. 2Al The City shah advise the Architect of the identity of other consultants participating in the Project and the scope of their services. 2.12 The City shall review the Architect's work for compliance with the City's program and for overall coordination with the City's and other engineering requirements. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost of the Project shall be the total cost or estimated cost to the City-of all elements of the Project designed or specified by the City or the City's consultants. The Construction Cost of This Part of the Project shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Architect. 3.2 The Construction Cost of the Project or of This Part of the Project shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the City and, the City's consultants. 3.3 Construction Cost does not include the compensation of the City's consultants, the cost of the land, rights.of, way, or other costs which are the responsibility of the City as provided in Article 2. 3.4 Evaluations of the City's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction CoSt, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. AC-C-9 8 3. Pa~e 9 City of Asoen Standard Terms and Conditions - A~chitectuml Services 3.5 If a fLxed limit of Construction Cost has been established, the City and the Architect shall establish, if practicable, a fixed limit of Construction Cost for This Part of the Project. If such a f'rxed limit is established, the Architect, after consultation with the City, shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component .systems and types of construction are to be included in the Contract Documents with respect to This Part of the Project, and to make reasonable adjustments in the scope of This Part of the Project to bring it within the fixed limit If required, the Architect shall assist the City in including in the Contract Documents alternate bids to adjust the Construction Cost to the f'rxed limit Any such f'rxed limit shall be increased in the amount of any increase in the Contract Sum related to This Part of the Project occurring after execution of the Contract for Construction. 3.5.1 If the Bidding or Negotiation Phase for This Part of the Project has not commenced within three months after the City receives the Construction Documents any Project budget or fixed limit of Construction Cost for This Part of the Project established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which bids or proposals are sought 3.5.2 If a Project budget or fixed limit of Construction Cost for This Part of the Project (adjusted as provided in Subparagraph 3.5.1) is exceeded by the lowest bona fide bid or negotiated proposal, the City may require the Architect without additional charge, to modify the Architect's Drawings and Specifications for This Part of the Project as necessary to bring the Construction Cost thereof within such f'rxed limit for This Part of the Project. If it was not practicable to establish a fixed limit of Construction Cost for This Part of the Project, and if the lowest bona fide bid or negotiated proposal, the Detailed Estimate of Construction Cost or the Statement of Probable Construction Cost established for the entire Project (including the bidding contingency) exceeds the f'rxed limit of Construction Cost of the entire Project, the City may require that the Drawings and Specifications prepared by the Architect be modified without additional compensation as necessary to make them bear a reasonable porti°n of the burden of reducing the Construction Cost of This Part of the Project so that the fixed limit of Construction Cost for the entire Project is not exceeded. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so the Architect shall be entitled to compensation for all services performed in accordance with this Agreement. AGC-981 Page 10 City of Asl~en Standard Terms and Conditions - Architectural Service~ ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits, ARTICLE 5 REIMBURSABLE EXPENSES 5.1 -Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project (to the extent they are reimbursable by the City for the expenses listed in the following Subparagraphs; provided that Architect shall not be reimbursed for expenses unless prior written approval therefore has been obtained from City. 5.1.1 EXpense of transportation in connection with the Project; living expenses in connection with out.of, town travel; long distance communications; and fees paid for securing approvals of authorities having jurisdiction over the Project. 5.1.2 'Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect, the City and the City's consultants. 5.1.3 Expense of data processing and photographic production techniques when used in connection with Additional Services. 5.1.4 If authorized in advance by the City, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups requested by the City. AGC-981 PaGe 11 CRv of AsPen Standard Terms and Conditions - Architectural Serviee~ ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF SERVICES 6.1.1 Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made on the basis set forth in the Agreement. 6.1.2 The City shall disclose to the Architect, prior to the execution of this Agreement, any contingent or other special provisions relative to compensation. 6.1.3 The Architect shall submit, in timely fasMon, invoices for Basic Services, Additional Services and Reimbursable Expenses. The City shall review surh invoices and, ff they are considered incorrect or untimely, the City shall review the matter with the Architect and confirm, in writing to the Architect within ten days from receipt of the Architect's billing, the City's understanding of the disposition of the issue. 6.1.4 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensation for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in the Agreement. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the City or the City's authorized representative at mutually convenient times. AGC-981 Pa~e 12 City of Asven Standard Terms and Conditions - Architectural ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Except for reference and coordination purposes in connection with future additions or alterations to the Work. Drawings and Specifications prepared by the Architect in instruments of service are and shall be the property of the City whether the Project for which they are made is executed or not. The Architect shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for such information and reference. The Drawings and Specifications may be used by the City on other projects, or for completion of this Project by others. 8.2 The Architect shah maintain on file, and make available to the City, design calculations for This Part of the Project, and shall furnish copies thereof to the City on request. 8.3 Submission or distribution to meet official regulatory requirements, or for other purposes in connection with the Project, is not to be construed as publication in derogation of the City's or the Architect's rights, AGC-9$1 Pa~e 13 SCOPE OF WORK: Truscott Redevelopment Affordable Housing Project I. Introduction Truscott Place is currently home to the City's golf course and a 98 unit affordable housing project. The City is pursuing a redevelopment which will include a new golf pro shop, a tennis facility on the site of the Plum Tree fields and a significant increase in the number of affordable housing units. The City has recently hired dhm, inc. to lead the design team in creating a conceptual plan for the entire area. The Golf Department has also selected Charles Cuniffe Associates as the architect for the pro shop facility. The Housing Office needs m quickly select and involve un architect for the housing component of the redevelopment. H. Program Currently, the Housing Authority manages 98 rental units in three separate buildings at Truscott. The old Red Roof Inn contains fifty studio units, while the two other buildings contain 48 one and two bedroom units. The west end of the Old Red Roof Inn also houses the Golf Department Offices, the Housing maintenance shop, a space for Junior Golf and a restaurant. The Housing Authority has created programmatic drawings for the site that show between 80 and 130 new units. These schemes are at/ached. Scenarios two and three show that either all or a portion of the old Red Roof building may be demolished. All new an'uctures may include structural underground parking. Since structural.parking may be a significant part of this project, the successful bidder will have a stxuctural engineer available to provide cost estimating for underground parking construction. While a specific mix of units has not been set, the Housing Office expects that 40-60% of the units will be one bedrooms and that the remaining units will be either studios or two bedrooms. A small number of three bedrooms may also be included. All of these units will be rentals, Scope of Work The City's Parks and Golf Departments and the City/County Housing Office are moving forward with a joint planning process with the goal of obtaining conceptual approval from the City Planning and Zoning Commission and the City Council as soon as possible. At this time, the City has not set a final program for the site. Therefore. the process of obtaining a conceptual approval will have two steps. Step 1: In the first stop, dhm will lead the toaa'a in developing two program alternatives. The architect will be responsible for working with the Housing Authority to develop two alternative unit mixes and layouts that will maximize the density on the site while still retaining livability. From this the architect will provide sufficient detail including building massing, and elevations so that dhm. inc. can incorporate the alternatives into its designs. Axchitect products might include floor plans at 1/10" scale, elevations at 1/10" scale and cost estimates for construction. These two alternatives will be presented to a neighborhood meeting at which we will solicit feedback from current Trnscott residents and neighbors of the project. Following that meeting, we will present the two alternatives to a joint City Council/Planning & Zoning Commission meeting, At that meeting one of the alternatives will be selected. The architect will only be asked to attend the joint City Council/Planning & Zoning Commission meeting. Step 2: The second step will begin after Council selects an alternative to enter into the conceptual land use process. The architect will work with dhm to supply a sufficient level of detail for a conceptual application. This will involve refining one of the alternatives based on feedback fi'om the community, P&Z and Council. Architect products might include floor plans at 1/8" scale, elevations at 1/8" scale, a schematic model, and cost estimates for construction. After submittal, the architect may need to respond to questions from City staff who are reviewing the project. The architect will also be required to attend Planning & Zoning and City Council meetings during the conceptual review process. This means at least two and possibly four or more meetings. A~tar conceptual approval: Following conceptual approval, a new contract will be negotiated with the architect for design development drawings and final approval, construction drawings, participation in the bidding and negotiation phase and consmaction administration. These phases will involve the following work: Design Development Phase: The architect will develop more detailed floor plans for the units, preliminary foundation and structural details, plumbing, electrical and ItVAC systems, exterior materials, storage and other detailed elements of the project so that it can be presented for Final Approval to the Planning and Zoning Commission and City Council. The architect will develop a preliminary construction schedule and an itemized total Project Budget, including all general conditions, professional fees, overhead, and profit. This budget estimate must be within 15 percent of the teams schematic design estimate. The architect will prepare all drawings required for an application for final land use approval: The architect will make adjustments to these drawings as required to obtain approval from the Planning & Zoning Commission and City Council. Constmedon Document Phase: The architect will develop construction drawings and specifications in sufficient detail to obtain building permits and prepare a final construction budget, update the schedule. The architect will also coordinate all utility service, and will procure all soils engineering, concrete testing, surveyor, etc., to construct the project. The architect will also be expected to participate in value engineering. Bidding and Negotiation Phase: The architect will work with the Housing Office project manager to select the general contractor for construction of the project. The architect will not be responsible for managing the contractor, but will work as teammates under the direction of the Housing Office project manager. Following selacfion of the general contractor, the architect will be involved in the subcontractor bidding process to assure that all efforts are being made to obtain prices that will not exceed the project budget and that the selected cnnstruction subcontractors will be able to perform the work to the highest quality standards. Construction Phase: The architect will follow all construction work to assure that project timelines and budgets are met and that high quality is being achieved. The architect will assist the Contractor in interpreting the construction drawings. All change orders will be examined for cost and timeline implications by the architect before being approved by APCHA. The architect will also assist in managing the construction contract close-out and punchlist. IV. Selection Process The APCHA has conducted a Request for Qualifications from which three architectural firms were selected as finalists. These three fu:ms are being invited to prepare a proposal for review by the Housing Office review commiuee. The finalists shall submit five copies of the their proposal. The proposal should include the following information: 1. Letter of intent. 2. A description of the team's approach to the design challenges posed by the site. 3. Description of work products. 4. Information on any additional consultants. 5. A proposed budget for conceptual design services only. All proposal shall be sent, and any and all questiOns or comments directed to the APCHA as follows: Lee Novak~ Project Manager Aspen/Pitkin County Housing Authority 530 East Main Street, Lower Level Aspen, CO 81611 Phone: 920-5137 Fax: 920-5580 All proposals must by received by the APCHA, at the above address, no later than 5:00 p.m., March 24, 1999. Interviews will be held on the morning of March 29, 1999. Upon request of and at the direction of the APCHA, proposers may be required to supply additional information, or make additional or supplemental submissions under secondary selection criteria, if any are deemed necessary by the selection committee. During the selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be opened to the public (which includes all proposers) after an agreement is approved by the APCHA, except those items for which confidentiality has been requested in writing by the proposers and the APCHA's attorney has reviewed and determined to be properly confidential under the State Open Records Act and other relevant statutes and regtdations. The APCHA will endeavor to finalize a contract by April 15, 1999. Evaluation Criteria and Weighing: Selection of the proposers will be based equally on their proposals and their performance in the interview. Proposals will be evaluated upon the following criteria and their relative importance (or as the same may be amended or supplemented by published secondary selection ariteria, if any): 1. Professional quality, comprehensiveness, and responsiveness of the proposal to the requirements of the scope of work. (10 %) 2. Experience, qualifications, ability, approach to problem-solving of team members. (25 %) 3. Quality, substance and desirability of the teams approach to the project's design issues. (40 %) 4. Proposed Compensation for services. (15 ,%) 5. Financial responsibility of proposer (including response of references). (10 %) THEODORE K GUY ASSOCIATES PC ARCHITECTS AND STRUCTURAl_ ENGINEERS Truscott Affordable Housing Basic Service Fee Summary Truscott Affordable Housing Project We will provide Architectural, Structural, Mechanical, Plumbing, and Electrical services for Phase I and II of the Truscott affordable housing. The residential structures as currently proposed are estimated to cost approximately $10,489,000 as calculated below. Our fee quoted as. part of our original submittal was 4.5% of the construction cost. We have completed our work through Schematic Design Phase, the initial 15% of Basic Services. The remaining fee would be 85% of the 4.5°,6 or 3.825% The scope of our work would be to five (5) feet outside the perimeter of the buildings. The buildings include nine residential structures and six carports, and one maintenance building in Phase l, and five residential structures in Phase II. We will also provide Electrical and Structural Services for the overall site as a consultant to DHM. We will not be responsible for structural or mechanical services associates with the two underpasses or with the Golf Pro Shop or renovation of the Golf Pro Shop into a Junior Golf Facility. Our services will be provided as a team member in the overall project. The team will be directed and coordinated by DHiVJ's Carbondale office. As an additional service we have retained Fenton Construction LLC of Aspen, Colorado to provide cost estimates and life cycle costs for alternate construction systems for a cost not to exceed $12,000. Their proposal is attached to this scope summary. The Drawings will be organized by Phase and then Building. Each Building will then use common detail sheets for Architectural, Structural, Mechanical, and Electrical details. The preliminary list of drawings for our work is approximately 300 sheets. We would suggest using half size reductions of those sheets for bidding. A list of drawings follows this introduction Printed 5/2/00 Page 1 23280 TWO I~IVERS ROAD P.O. BOX 1640 BASALT, COLORADO 81621 [970) 927-3167 THEODORE K GUY ASSOCIATES PC ARCHITECTS AND STRUCTURAC ENGINEERS Truscott Affordable Housing Basic Service Fee Summary Estimated Construction Cost # Size Unit Price Subtotal $ studio 42 420 140 2,469,600 1 bdrm 32 616 140 2,759,680 2 bdrm 17 840 140 1,999,200 stair 16 192 140 430,080 carpor 41 280 80 918,400 garage 76 280 80 1,702,400 mainte 1000 140 140,000 laundr 500 140 70,000 $ 10,489,360 Gross residential Area 51,632 sf Gross parking area 32,760 sf 84,392 sf Fee 4.50% sd ~ 70~803 completed dd 94,404 cd ' 188,808 ..... bn 23,601 co 94,404 $ 401,218 Additional Fees - non residential construction Structural Engineering Site walls $4,000 Electrical Site Lighting $8,000 $ 12,000 Fenton Construction Value Engineering $12,000 $ 12,000 Reimbursables 5% of basic service fee $ 20,061 $ 445,279 ..... $ 5.28 /sf Printed 5/2/00 Page 2 23280 TWO RIVERS ROA0 P.O. BOX 1640 BASALT, COLORADO 81621 [970) 927-3167 THEODORE K GUY ASSOCIATES PC ARCHITECTG AND !~TRUCTURAL ENGINIEIER'S Truscott Affordable Housing Basic Service Fee Summary Drawing List - Architectural and Structural Phase One 9 x 13 = 117 Common Drawings 32 for each Residential Building (9) for all residential buildings 1 parking level plan 1 Cover 2 first residential level plan 2 Symbols, info, general notes 3 second residential plan 3 Phase I overall parking level 4 third residential plan 4 Phase I overall first residential level 5 roof plan 5 Phase I overall second residential level 6 exterior elevations 6 Phase I overall third residential level 7 exterior elevations 7 Phase II overall first residential level 8 building sections 8 Phase II overall second residential level 9 foundation plan 9 Phase II overall third residential level 10 first structural floor plan 10 Exterior Building Details, ground 11 second structural floor plan 11 Exterior Building Details, ground 12 third structural floor plan 12 Exterior Building Detaits, deck 13 roof framing plan 13 Exterior Building Details, deck 14 Exterior Building Details, roof CarpQrts 6 x 2 = 12 15 Exterior Building Details, roof for each carport structure (6) 16 Exterior Building Details, door/windows 1 Plan and Elevations 17 Exterior Building Details, door/windows 2 Foundation and Roof Framing 18 Exterior Stair 19 Interior Stair Pha~e Two 5 x 11 = 55 20 Interior Bathroom Elevations for each Residential Building (5) 21 Interior Kitchen Elevations 1 first residential level plan 22 Misc Interior Details 2 second residential plan 23 Foundation Details 3 third residential plan 24 Foundation Details 4 roof plan 25 Garage/Residential Floor Details 5 exterior elevations 26 Residential Floor Details 6 exterior elevations 27 Residential Floor Details 7 building sections 28 Roof Details 8 foundation plan 29 Roof Details 9 first structural floor plan 30 Structural Notes 10 second structural floor plan 31 Carport foundation details 11 roof framing plan 32 Carport roof details. Printed 5/2/00 Page 3 23280 TWO RIVERS ROAO PO. BQX 1640 BASALT, COLORAO0 81621 [9~70) 927-3167 THEOOORE K GUY ASSOCIATES PC ARCHITECTIS AND STRI.]CTURAL ENGINEERS Truscott Affordable Housing Basic Service Fee Summary Drawing List - Mechanical and Electrical Phase One 9 x 9 = 81 Common Drawings 7 each Residential Building (9) for all residential phases 1 Boiler Room Plan 1 Boiler Piping 2 first residential level heating/plum 2 Equipment Schedules $ second residential heating/plumb ~ Mechanical Note 4 third residential heating/plumbing 4 Plumbing Details/notes 5 plumbing riser diagram 5 Building Panels 6 Parking level lighting plan 6 Electrical Notes 7 first residential level exterior light 7 Electrical Fixture Schedule 8 second residential exterior lighting plan 9 third residential exterior lighting plan Carports 6 x 1 = 6 eacl~ carport structure (6) 1 Lighting plan Phase Two 5 x 8 = 40 each Residential Building (5) I Boiler Room Plan z first residential level heating/plumbing plan 3 second residential heating/plumbing plan 4 third residential heating/plumbing plan 5 plumbing riser diagram 6 first residential level exterior lighting plan 7 second residential exterior lighting plan 8 third residential exterior lighting plan Printed 5/2/00 Page 4 TWO RIVERS ROAD P.O. BOX 1640 BASALT, COLORA00 816~1 (970] 927-3167 FE:qTON CONSTRUCTION.' Theodore K. Guy & Associates 23280 Two Rivers Rd. Basalt, CO. 81621 Attention: Ted Guy Re: Truscott Affordable Housing Fenton Construction proposes to consult with Theodore K. Guy & Associates on the building systems for the Truscott Affordable Housing Project. This will include evaluating, pricing and a complete schematic estimate of the different building systems. Fenton Construction will charge hourly for these services and will not exceed $12,000.00. If you have any questions please feel free to call us at (970) 9254975 or (970) 948-5190 Sincerely, Pat Fenton