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HomeMy WebLinkAboutbocc.con.059.2001 H 'E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S CONTRACT# `?=� AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the tp`[� day of �l U_a� in the year of aoo� BETWEEN the Owner: (Name and address) Pitkin County Airport 0233 East Airport Road Aspen, Colorado 81611 and the Architect: (Name and address) The, Ross Partnership, P .C. 60 West Airport Road, Suite A Aspen, CO 81611 For the following Project: (Include detailed description of Project, location, address and scope.) Pitkin County Airport General Aviation Patio Shelters Poject scope to be consistent with preliminary drawings submitted for Land Use Approval The Owner and Architect agree as set forth below. Copyright 1974,1978,©1987 by The American Institute of Architects,1735 New York Avenue,N.W.,Washington,D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B151-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 2.4 CONSTRUCTION PHASE—ADMINISTRATION ARCHITECT'S RESPONSIBILITIES OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services 1.1 ARCHITECT'S SERVICES for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 1.1.1 The Architect's services consist of those services per- at the earlier of issuance to the Owner of the final Certificate for formed by the Architect,Architect's employees and Architect's Payment or 60 days after the date of Substantial Completion of consultants as enumerated in Articles 2 and 3 of this Agreement the Work. and any other services included in Article 12. 2.4.2 The Architect shall provide administration of the Con- 1.1.2 The Architect's services shall be performed as expedi- tract for Construction as set forth below and in the edition of tiously as is consistent with professional skill and care and the AIA Document A201, General Conditions of the Contract for orderly progress of the Work. Construction, current as of the date of this Agreement. 1.1.3 The services covered by this Agreement are subject to 2.4.3 Duties,responsibilities and limitations of authority of the the time limitations contained in Subparagraph 11.5.1. Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner(1) during construction until final ARTICLE 2 payment to the Contractor is due and(2)as an Additional Ser- vice at the Owner's direction from time to time during the cor- SCOPE OF ARCHITECT'S BASIC SERVICES rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate 2.1 DEFINITION to the stage of construction or as otherwise agreed by the 2.1.1. The Architect's Basic Services consist of those described Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to under the three phases identified below, any other services determine in general if the Work is being performed in a man- identified in Article 12,and include normal structural,mechani- ner indicating that the Work when completed will be in accor- cal and electrical engineering services. dance with the Contract Documents. However, the Architect 2.2 DESIGN PHASE shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On 2.2.1 The Architect shall review with the Owner alternative the basis of on-site observations as an architect, the Architect approaches to design and construction of the Project. shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against 2.2.2 Based on the mutually agreed-upon program, schedule defects and deficiencies in the Work. (More extensive site and construction budget requirements, the Architect shall represoitation may be agreed to as an Additional Service, crs prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project,and shall submit to the Owner a preliminary estimate of 2.4.6 The Architect shall not have control over or charge of Construction Cost. and shall not be responsible for construction means, methods, techniques,sequences or procedures,or for safety precautions 2.3 CONSTRUCTION DOCUMENTS PHASE and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for 2.3.1 Based on the approved Design Documents,the Architect Construction. The Architect shall not be responsible for the shall prepare, for approval by the Owner, Construction Docu- Contractor's schedules or failure to carry out the Work in menns consisting of Drawings and Specifications setting forth in accordance with the Contract Documents. The Architect shall detail the requirements for the construction of the Project and not have control over or charge of acts or omissions of the shall advise the Owner of any adjustments to previous Contractor,Subcontractors,or their agents or employees,or of preliminary estimates of Construction Cost. any other persons performing portions of the Work. 2.3.2 The Architect shall assist the Owner in connection with 2.4.7 The Architect shall at all times have access to the Work the Owner's responsibility for filing documents required for wherever it is in preparation or progress. the approval of governmental authorities having jurisdiction over the Project. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall 2.3.3 Unless provided in Article 12, the Architect, following review and certify the amounts due the Contractor. the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist 2.4.9 The Architect's certification for payment shall constitute the Owner in obtaining bids or negotiated proposals and assist a representation to the Owner, based on the Architect's obser- in awarding and preparing contracts for construction. vations at the site as provided in Subparagraph 2.4.5 and on the AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C. 20006 B151-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. data comprising the Contractor's Application for Payment,that they shall be paid for by the Owner as provided in this Agree- the Work, to the best of the Architect's knowledge, informa- ment. Such Additional Services shall include, in addition to tion and belief, has progressed to the point indicated and that those described in Paragraphs 3.2 and 3.3, budget analysis, quality of the Work is in accordance with the Contract Docu- financial feasibility studies, planning surveys, environmental mens. The issuance of a Certificate for Payment shall not be a studies, measured drawings of existing conditions, coordina- representation that the Architect has (1) made exhaustive or tion of separate contractors or independent consultants, coor- continuous on-site inspections to check the quality or quantity dination of construction or project managers, detailed Con- of the Work, (2)reviewed construction means, methods, tech- struction Cost estimates,quantity surveys,interior design,plan- niques,sequences or procedures, (3)reviewed copies of requi- ning of tenant or rental spaces, inventories of materials or sitions received from Subcontractors and material suppliers and equipment,preparation of record drawings,and any other ser- other data requested by the Owner to substantiate the Contrac- vices not otherwise included in this Agreement under Basic Ser- tor's right to payment or(4)ascertained how or for what pur- vices or not customarily furnished in accordance with generally pose the Contractor has used money previously paid on accepted architectural practice. account of the Contract Sum. 3.2 If more extensive representation at the site than is 2.4.10 The Architect shall have authority to reject Work which described in Subparagraph 2.4.5 is required, such additional does not conform to the Contract Documents and will have project representation shall be provided and paid for as set authority to require additional inspection or testing of the forth in Articles 11 and 12. Work whenever, in the Architect's reasonable opinion, it is 3.3 As an Additional Service in connection with Change necessary or advisable for the implementation of the intent of Orders and Construction Change Directives,the Architect shall the Contract Documents. prepare Drawings,Specifications and other documentation and 2.4.11 The Architect shall review and approve or take other data, evaluate Contractor's proposals, and provide any other appropriate action upon Contractor's submittals such as Shop services made necessary by such Change Orders and Construc- Drawings, Product Data and Samples, but only for the limited tion Change Directives. purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.When professional certification of performance characteristics of materials, systems or equip- ARTICLE 4 ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that OWNER'S RESPONSIBILITIES the materials,systems or equipment will meet the performance criteria required by the Contract Documents. 4.1 The Owner shall provide full information,including a pro- gram which shall set forth the Owner's objectives, schedule, 2.4.12 The Architect shall prepare Change Orders and Con- constraints,budget with reasonable contingencies,and criteria. struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as 4.2 The Owner shall furnish surveys describing physical char- provided in Paragraphs 3.1 and 3.3, for the Owner's approval acteristics, legal limitations and utility locations for the site of and execution in accordance with the Contract Documents, the Project, a written legal description of the site and the ser- and may authorize minor changes in the Work not involving an vices of geotechnical engineers or other consultants when such adjustment in the Contract Sum or an extension of the Contract services are requested by the Architect. Time which are not inconsistent with the intent of the Contract Documents. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and 2.4.13 The Architect shall conduct inspections to determine other laboratory and environmental tests, inspections and the dates of Substantial Completion and final completion and reports required by law or the Contract Documents. shall issue a final Certificate for Payment. 4.4 The Owner shall furnish all legal,accounting and insurance 2.4.14 The Architect shall interpret and decide matters con- counseling services as may be necessary at any time for the cerning performance of the Owner and Contractor under the Project, including auditing services the Owner may require to requirements of the Contract Documents on written request of verify the Contractor's Applications for Payment or to ascertain either the Owner or Contractor. The Architect's response to how or for what purposes the Contractor has used the money such requests shall be made with reasonable promptness and pad by the Owner. within any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endeavor to 4.5 The foregoing services, information, surveys and reports secure faithful performance by both Owner and Contractor, shall be furnished at the Owner's expense, and the Architect shall not show partiality to either, and shall not be liable for shall be entitled to rely upon the accuracy and completeness results of interpretations or decisions so rendered in good faith. thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in ARTICLE 3 the Project or nonconformance with the Contract Documents. ADDITIONAL SERVICES 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be 3.1 Additional Services shall be provided if authorized or con- submitted to the Architect for review and approval at least 14 firmed in writing by the Owner or if included in Article 12,and days prior to execution. AIA DOCUMENT B151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA& •©1987 3 B151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. v ARTICLE 5 ARTICLE 6 CONSTRUCTION COST USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 5.1 DEFINITION 6.1 The Drawings, Specifications and other documents pre- 5.1.1 The Construction Cost shall be the total cost or esti- pared by the Architect for this Project are instruments of the mated cost to the Owner of all elements of the Project designed Architect's service for use solely with respect to this Project, or specified by the Architect. and the Architect shall be deemed the author of these docu- 5.1.2 The Construction Cost shall include the cost at current ments and shall retain all common law, statutory and other market rates of labor and materials furnished by the Owner and reserved rights, including the copyright. The Owner shall be equipment designed, specified, selected or specially provided permitted to retain copies, including reproducible copies, of for by the Architect, plus a reasonable allowance for the Con- the Architect's Drawings, Specifications and other documents tractor's overhead and profit. In addition, a reasonable allow- for information and reference in connection with the Owner's ance for contingencies shall be included for market conditions use and occupancy of the Project. The Architect's Drawings, at the time of bidding and for changes in the Work during Specifications or other documents shall not be used by the construction. Owner or others on other projects,for additions to this Project or for completion of this Project by others,unless the Architect 5.1.3 Construction Cost does not include the compensation of is adjudged to be in default under this Agreement, except by the Architect and Architect's consultants, the costs of the land, agreement in writing and with appropriate compensation to the rights-of-way, financing or other costs which are the respon- Architect. sibdity of the Owner as provided in Article 4. 6.2 Submission or distribution of documents to meet official 5.2 RESPONSIBILITY FOR CONSTRUCTION COST regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- 5.2.1 It is recognized that neither the Architect nor the Owner tion of the Architect's reserved rights. has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices, or over competitive bidding,market or negotiating conditions.Accord- ingly, the Architect cannot and does not warrant or represent ARTICLE 7 that bids or negotiated prices will not vary from any estimate of ARBITRATION Construction Cost or evaluation prepared or agreed to by the Architect. 7.1 Claims, disputes or other matters in question between the 5.2.2 No fixed limit of Construction Cost shall be established parties to this Agreement arising out of or relating to this Agree- as a condition of this Agreement by the furnishing,proposal or ment or breach thereof shall be subject to and decided by arbi- establishment of a Project budget, unless a fixed limit has been tration in accordance with the Construction Industry Arbitra- agreed upon in writing and signed by the parties hereto. Fixed tion Rules of the American Arbitration Association currently in limits, if any,shall be increased in the amount of an increase in effect unless the parties mutually agree otherwise. No arbitra- the Contract Sum occurring after execution of the Contract for tion arising out of or relating to this Agreement shall include,by Construction. consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement,except by writ- 5.2.3 Any Project budget or fixed limit of Construction Cost ten consent containing a specific reference to this Agreement may be adjusted to reflect changes in the general level of prices signed by the Owner,Architect,and any other person or entity in the construction industry between the date of submission of sought to be joined. Consent to arbitration involving an addi- the Construction Documents to the Owner and the date on tional person or entity shall not constitute consent to arbitra- which proposals are sought. tion of any claim, dispute or other matter in question not 5.2.4 If a fixed limit of Construction Cost is exceeded by the described in the written consent. The foregoing agreement to lowest bona fide bid or negotiated proposal, the Owner shall: arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agree- .1 give written approval of an increase in such fixed ment shall be specifically enforceable in accordance with appli- limit; cable law in any court having jurisdiction thereof. .2 authorize rebidding or renegotiating of the Project 7.2 In no event shall the demand for arbitration be made after within a reasonable time; the date when institution of legal or equitable proceedings .3 if the Project is abandoned, terminate in accordance based on such claim,dispute or other matter in question would with Paragraph 8.3; or be barred by the applicable statutes of limitations. .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 7.3 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, applicable law in any court having jurisdiction thereof. the Architect, without additional charge,shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement.The modification ARTICLE 8 of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. TERMINATION, SUSPENSION OR ABANDONMENT The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not 8.1 This Agreement may be terminated by either party upon the Construction Phase is commenced. not less than seven days' written notice should the other party AIA DOCUMENT B151 -ABBREVIATED OWNER-ARCHITECT AGREEMENT-THIRD EDITION-AIA® -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C.20006 B151-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. fail substantially to perform in accordance with the terms of this ditions of the Contract for Construction, current as of the date Agreement through no fault of the party initiating the ter- of this Agreement.The Owner and Architect each shall require mination. similar waivers from their contractors, consultants and agents. 8.2 If the Project is suspended by the Owner for more than 30 9.5 The Owner and Architect, respectively, bind themselves, consecutive days, the Architect shall be compensated for ser- their partners, successors, assigns and legal representatives to vices performed prior to notice of such suspension.When the the other party to this Agreement and to the partners, suc- Project is resumed,the Architect's compensation shall be equit- cessors, assigns and legal representatives of such other parry ably adjusted to provide for expenses incurred in the interrup- with respect to all covenants of this Agreement.Neither Owner tion and resumption of the Architect's services. nor Architect shall assign this Agreement without the written 8.3 This Agreement may be terminated by the Owner upon consent of the other. not less than seven days' written notice to the Architect in the 9.6 This Agreement represents the entire and integrated agree- event that the Project is permanently abandoned. If the Project ment between the Owner and Architect and supersedes all is abandoned by the Owner for more than 90 consecutive days, prior negotiations, representations or agreements, either writ- the Architect may terminate this Agreement by giving written ten or oral. This Agreement may be amended only by written notice. instrument signed by both Owner and Architect. 8.4 Failure of the Owner to make payments to the Architect in 9.7 Nothing contained in this Agreement shall create a contrac- accordance with this Agreement shall be considered substantial tual relationship with or a cause of action in favor of a third nonperformance and cause for termination. party against either the Owner or Architect. 8.5 If the Owner fails to make payment when due the Archi- 9.8 The Architect and Architect's consultants shall have no tect for services and expenses, the Architect may, upon seven responsibility for the discovery,presence,handling,removal or days'written notice to the Owner,suspend performance of ser- disposal of or exposure of persons to hazardous materials in vices under this Agreement. Unless payment in full is received any form at the Project site, including but not limited to by the Architect within seven days of the date of the notice,the asbestos,asbestos products,polychlorinated biphenyl(PCB)or suspension shall take effect without further notice. In the event other toxic substances. of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior ARTICLE 10 to termination,together with Reimbursable Expenses then due and all Termination Expenses. PAYMENTS TO THE ARCHITECT 8.7 Termination Expenses are in addition to compensation for 10.1 DIRECT PERSONNEL EXPENSE Basic and Additional Services, and include expenses which are directly attributable to termination. 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick ARTICLE 9 leave, holidays, vacations, pensions and similar contributions MISCELLANEOUS PROVISIONS and benefits. 10.2 REIMBURSABLE EXPENSES 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the 10.2.1 Reimbursable Expenses include expenses incurred by Architect. the Architect in the interest of the Project for: 9.2 Terms in this Agreement shall have the same meaning as .1 expense of transportation and living expenses in con- those in AIA Document A201, General Conditions of the Con- nection with out-of-town travel authorized by the tract for Construction,current as of the date of this Agreement. Owner; .2 long-distance communications; 9.3 Causes of action between the parties to this Agreement .3 fees paid for securing approval of authorities having pertaining to acts or failures to act shall be deemed to have jurisdiction Over the Project; accrued and the applicable statutes of limitations shall com mence to run not later than either the date of Substantial Com- .4 reproductions; pletion for acts or failures to act occurring prior to Substantial .5 postage and handling of Drawings and Specifications; Completion, or the date of issuance of the final Certificate for .6 expense of overtime work requiring higher than regu- Payment for acts or failures to act occurring after Substantial lar rates, if authorized by the Owner; Completion. .7 renderings and models requested by the Owner; 9.4 The Owner and Architect waive all rights against each .8 expense of additional insurance coverage or limits, other and against the contractors, consultants, agents and including professional liability insurance, requested employees of the other for damages, but only to the extent by the Owner in excess of that normally carried by covered by property insurance during construction, except the Architect and Architect's consultants; and such rights as they may have to the proceeds of such insurance .9 expense of computer-aided design and drafting equip- as set forth in the edition of AIA Document A201,General Con- ment time when used in connection with the Project. AIA DOCUMENT 9151-ABBREVIATED OWNER-ARCHITECT AGREEMENT-THIRD EDITION-AIA® -©1987 5 B151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is 10.3.1 An initial payment as set forth in Paragraph 11.1 is the received, the most recent preliminary estimate of Construction minimum payment under this Agreement. Cost or detailed estimate of Construction Cost for such por- 10.3.2 Subsequent payments for Basic Services shall be made tions of the Project. monthly and, where applicable, shall be in proportion to ser- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL vices performed within each phase of service. SERVICES AND REIMBURSABLE EXPENSES 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.Y of this Agreement is exceeded or ex- 10.4.1 Payments on account of the Architect's Additional Ser- tended through no fault of the Architect,compensation for any vices and for Reimbursable Expenses shall be made monthly services rendered during the additional period of time shall be upon presentation of the Architect's statement of services computed in the manner set forth in Subparagraph 11.3.2. rendered or expenses incurred. 10.3.4 When compensation is based on a percentage of Con- 10.5 PAYMENTS WITHHELD struction Cost and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of 10.5.1 No deductions shall be made from the Architect's com- the Project shall be payable to the extent services are per- pensation on account of sums withheld from payments to formed on those portions, in accordance with the schedule set contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Dollars(S ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and anv other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (insert basis of compensation,including stipulated sums,multiples or percentages,and identify phases to wbicb particular methods of compe,uation apply,�J necessary.) Compensation to be as outlined in letter to Peter Van Pelt dated January 10 , 2001 . 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (insert additional phases as appropriate) Design Phase: percent( %) Construction Documents Phase: percent( %) Construction Phase: percent( %) Total Basic Compensation: one hundred percent(100%) AIA DOCUMENT BI51•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 B151-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: At our standard hourly rates or as mutually agreed to in writing prior to performing the work . 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12,compensation shall be computed as follows: (Insert!trials n(compensation. including rates anel/ur midliplec of Uirecl Personnel Evil rise lo, Principals and empIrlyces. crud identili'Principals(lire/cle"Si/r ernp(otres. IJ required Identify Specific.cervices it)irbich particrelar nietbotk�c f compenscrlmn apple i/nececselprj At our standard hourly rates or as mutually agreed to in writing prior to performing the work . 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS,including additional structural,mechanical and electrical engioeering ser- vices and those provided under Article 3 or identified in Article 12 as part of Additional Services,a multiple of one pb lnt two five ( 1. 25 ) times the amounts billed to the Architect for such services. (lelentif specific'iVpes lit consultants in Article 12. if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REENIBURSABLE EXPENSES,as described in Paragraph 10.2,and anv other items included in Article 12 as Reimbursable Expenses. a multiple of one point one ( 1 - 1 ) times the expenses incurred by the Architect, the Architects employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11,3.2. 11.5.2 Payments are due and payable f if teen ( 15 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (lnsert rare of interest agreed upon.) (Usury lau:c rnu!requircnrents under!tx Federal Trutb in/"ending Act.snnilar sane mu!IrKul ruusnnu•r a'cdi!lures anr!other regulations a!lbc•Uu rrc•r:c mid Archi- tect s principal places(, business, the loc'rrtion of the Project curd el vichere nrcry a))oct till'ra/rchll•u(lhis prorision. ,Specific legal advice should he obtelmed a-ilb respect to deletions or modifications. and also regarding requirements such etc u•rille•a rlisclosrrres or traiver;c l 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•"THIRD EDITION•AIA� •(6)1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 B151-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services,identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 1. Scope of services shall be as outlined in attached letter t Peter Van Pelt dated January 10 , 2001 . 2 . This agreement includes the County' s Require8A Clauses, attached. PITKIN COUNTY" Hi y h, County Man g r John El- �' ounty Attorney This Agreement entered into as of the day and year first written above. O ARCHITECT 72 (Signature) (Signature) - efir �Qn P 62 7 /�Dl 6 -- Gary Ross AIA, Vice President (Printed name and title) (Printed name and title) I I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA" •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C.20o(X6 B1551-1987 8 January 10, 2001 Mr. Peter Van-Pelt Pitkin County Airport Manager 0233 East Airport Road Aspen, Colorado 81611 Peter- Per your request, we are pleased to provide the following formal proposal related to the preparation of final design drawing and construction documents and specifications for the proposed Aircraft Patio Shelters on the north ramp at the Pitkin County Airport. We are excited- about the possibility of working with you on this project and are prepared to begin work on this immediately. The scope of work that we have included is as follows: 1. The layout and basic design of the project would be consistent with the preliminary drawings produced by our office and as previously submitted to the Pitkin County Planning and Zoning Commission. 2. We will produce construction documents and specifications, suitable for competitive bidding for the project. Included will be complete Architectural and Structural Drawings and the appropriate specification sections related to those areas of work. i 3. Work in the mechanical or civil engineering areas will be limited to the details required to show the connection between the roof gutter downspouts and the storm drain system previously designed by others. 4. Work in the electrical engineering area will be limited to the detailing of limited ramp lighting at the end of the double row of hangars. No interior lighting or power distribution is contemplated. 5. No landscaping design services are included. For the scope of work noted above we propose a fixed fee of$49,000.00. Reimbursable expenses related to reproduction, etc. would be in addition to the above and billed at cost plus 10%. Construction administration services would be in addition to the above and would be provided at our standard hourly rates. In re of the relative risks and benefits of the ect to both the Client and the Consultant, the Client ag es,t the fullest nt permitted by law, to limit the liability of the Consultant to the Client for any an losses, costs or damages, so that the total aggregate liability of the C tant shall not excee 000, or t onsultaiii 1 fee, whichever is greater ° THE ROSS PARTNERSHIP, P.C. ARCHITECTURE & PROJECT MANAGEMENT 0 60 West Airport Road,Suite A Aspen, Colorado 81611 970 920-6980 fax 920-6994 email trp(i�sopris.nel If you feel that the above is satisfactory and it is appropriate to contract by letter agreement please add and acceptance line below, sign and return a copy for our files. If you prefer to have us work under a full contract agreement, please let me know whether you would like me to draft the contract on our standard form or if the County will produce that document. Please feel free to contact us if you have any questions or comments. Sincerely,.. It Gary s AIA THE ROSS PARTNERSHIP, P.C. ARCHITECTURE& PROJECT MANAGEMENT 0 60 West Airport Road,Suite A Aspen,Colorado 81611 - 970 920-6980 Fax 920-6994 email trpnsopris.net l � (Revised July y 6 1999) REQUIRED CLAUSES For purposes of these required clauses, "Contractor" means the bidder/proposer or other party who may eventually enter into a contract with the County. The Bidder/Proposer shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW A. The contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Resolution No.82-37, April 12, 1982). As such, the Contractor agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference. B. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s)within five(5) days of knowledge of such violations shall be considered a breach of this Agreement. Further,such failure to notify the Corm- of violation of the Procurement Code or statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. 2. WARRAN=S AGAINST CONTNGENT FEES. GRATUITIES KICKBACKS AND CONFLICT OF INTEREST A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,percentage,brokerage,or continent fee,excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee ofPitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard,rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling,determination,claim or controversy,or other particular matter,pertaining to this Contract or Subcontract,or to any solicitation or proposal therefor. C. Gmtuiri means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value,present or promised,unless consideration of substantially equal or greater value is received. D. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith,as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. a I � E. Conflict of Interest Prohibited No official,officer,employee or representative of the County during the term of this Contract or one 1 year thereafter shall have an interest, direct or indirect, in this ( )y Y t, t, Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities,kickbacks and conflict of interest prescribed in this Contract shall be made a condition of and conspicuously set forth in every sub-contract and solicitation therefor. G. Conspicuously means written in such special or distinctive format,print,or manner that a reasonable person against whom it is to operate ought to have noticed it. H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees,gratuities,kickbacks and conflict of interest,the County shall have the right to: (1) Terminate this Contract without liability by the County; (2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration, or otherwise recover,the value of anything transferred or received by the Contractor;and (4) Recover such value from the other offending parties. 3. EQUAL ENIPLOYN= OPPORTUNITY AND DISADVANTAGED/NEVORITY/WONIEN BUS MESS ENTERPRISES(DBE/MBE/WBE) A. Pursuant to local,state and/or federal anti-discrin-d ation and affirmative action programs,contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with DisadvantagesNl3nority/Women individuals and enterprises(DNIE/NIBE/WBE). B. In connection with the execution and administration of this Contract, and any subcontracts, the Contractor shall not discriminate against any.5mployee or applicant for employment because of race,religion,color,sex,national origin,age,handicap or status as a veteran. C. In connection with the performance of this Contract,the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work,if any,under this Contract. D. The Contractor will furnish all necessary information and reports and will permit access to its books; records,and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. E. Employment Data and Affirmative Action Plan. If requested,the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty(50)or more employees or it is participating in contracts with the County which exceed Fifty-Thousand($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the County when requested by the County Attorney's Office within ten(10)days after selection. F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be appropriate,including,but not limited to: (1) Withholding of payments under the Contract until the Contractor complies, and/or l (2) Cancellation,termination,or suspension of the Contract,in whole or in part 4. TERMINATION FOR DEFAULT OR FOR COi i i CE OF COUNTY A. The performance of work under the Contract may be terminated by the County: (1) Whenever the Contractor shall default in performance of this Contract 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 County 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 Contractor of a notice specifying the default. If mailed,said notice shall be sent by certified mail,return receipt requested,to the address specified herein for the Contractor. The Contractor shall not be in default by reasons of any failure in performance of this Contract in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. 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 and without the fault or negligence of the Contractor. Upon request of the Contractor,the County shall ascertain the facts and failure, and, if the County 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 County shall determine that such termination is in its best interest and convenience. B. Notice of Termination. In the event of termination for the convenience of the County, the County shall deliver to the Contractor 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 fast-class mail to the address of the Contractor herein provided. C. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of the County,unless otherwise directed by the County,the Contractor shall: (1) Stop work under the Contract on the date specified in the notice of termination. (2) Place no further orders for materials,services or facilities. (3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. (4) With the approval or ratification of the County,settle all outstanding liabilities and all claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in part in accordance with this Contract D. Termination Payment After the effective date of a notice of termination for the convenience of the County, the Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with the provisions in"Method of Payment," including costs incurred to the date of termination, 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 Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the Contractor on account of any default Such claim must be submitted promptly,but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions are i granted in writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the County may review the information available to it and determine the amount due the Contractor,if any,and pay the Contractor the amount as determined. E. Termination Settlement Subject to Paragraph 4.D., the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, upon termination for default or for the convenience of the County. F. Remedies. The Contractor shall have the right of appeal from any determination made by the County under"Termination for Default or for Convenience of County;"except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to properly request extension,he shall have no such right of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.D.or 4.E.,above,the County shall pay the Contractor:(1) the amount the County has determined if there is no right to appeal or if no 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 Contractor disagrees with the County's determination under Paragraphs 4.D.or 4.E.,he can appeal this decision in writing to the County. Such appeal must be made within twenty(20)days of receipt in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within thirty (30) days from the date of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. rN TEGRATION AND MODIFICATION A. This Contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value less than$25,000,no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting,has authority to enter into a contract or to modify the terms of this contract on behalf of the County. Any such contract or modification to this contract must be in writing and be executed by the parties hereto. B. With respect to change orders under the Contract,the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Contract,subject to the requirements of the Procurement Code and the Finance Office. 6. WDEN= A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees,agents and representatives from and against liability for any claim, demand, loss, damages,penalty,judgment, expenses, costs (in- cluding costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death,personal injury or property damage arising out of or in connection with any negligent act,intentional act,error or omission by the Contractor,and for any consequential liability alleged to accrue against the County on account of the Contractor's acts,.errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor further shall investigate,process,respond to,adjust,provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all V other costs and e;Tenses related thereto,even if the claim,demand or lawsuit is groundless,false or fraudulent. `J�0 7. INSIMjkNC.E .A. In whole or in part,the Contractor shall secure and maintain for the term of its contractual relation- ship with the County such insurance policies, from companies licensed in the State of Colorado,as will protect itself,the County (with the County named as additional insured)and others as specified, from claims for bodily injuries,death,personal injury or property damage,which may arise out of or result from the Contractor's acts,errors or omissions. The following insurance coverage,at or above the limits indicated and including such endorsements as are indicated by an"X",are required: (1) Statutory Workers' Compensation: Colorado statutory minimums (2) Commercial General Liability-ISO 1996 Form or equivalent Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000.000.00 Comprehensive Form(All risks)to include: X Premises/Operations _Underground,Explosion&Collapse Hazard X Products/Completed Operations X Contractual Liability XL-Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury (3) Business Auto Coverage: Combined Single Limit Liability(each accident) $1,000.000.00 Coverage to include: X Any Auto All Owned Autos Hired Autos Non-Owned Autos Garage Liability (4) Special Coverage's(check as appropriate): (1)Performance Bond Labor and Material Payment Bond x (2)Professional Errors and Omissions (3)Aircraft Liability (4)Owner's Protective (5)Builder's Risk amount of project (6)Boiler and Machinery (7)Loss of Use Insurance (8)Pollution Liability (9)Crime,including Employee Dishonesty Coverage,or Fidelity Bond B. To provide evidence of the required insurance coverage's,copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County(through the Project Manager)no later than ten(10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially . 11 I � glen prior written notice b certified mail return receipt v altered unless at least thirty(30) calendar days p Y requested(effective upon proper mailing),has been sent to the County(through the Project Mana- ger). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the County (and promptly update, as necessary) a certified statement as to claims pending against the required coverage's, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. C. In addition,these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate,shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of,and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least fifteen(15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any policy endorsement. 8. EXEMPTIONS AND PREFERENCES A. All purchases of construction or building or any other materials for any Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent(80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed C. Preference is given,to the extent permitted by law,to:materials,supplies and provisions produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state;and to local(Roaring Fork Valley)services and labor of quality at least equal to non-local services and labor. 9. RECORDS The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Project for a period of three (3) years after final payment on the Project and the County shall have the right within the three-year period to inspect and audit these books,records and documents,upon demand,in a reasonable manner and at 1 � reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. 10. SUCCESSORS AND ASSIGNS This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the County and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the County nor the Contractor shall have the right to assign or transfer its interest or obligations hereunder without the written consent of the other party, which consent shall not be unreasonably withheld 11. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written percussion, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms,covenants,agreements or conditions herein contained 12. AGREEi1MNT MADE IN COLORADO The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitldn County,Colorado. 13. ATTORNEYS FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys fees. 14. NOTICES Unless otherwise provided in the Contract Documents,all notices under the Agreement shall be sent certified mail,return receipt requested,and shall be effective upon receipt or three(3)business days after mailing,whichever is fast. 15. Year 2000 Issues Contractor hereby releases and holds Pitldn County harmless from any and all claims and causes of action relating to performance of this Agreement of any nature whatsoever in tort, contract, or otherwise, for any action, inaction or for any loss or damage attributable to,resulting from, arising out of or in connection with a year 2000 error. 16. GovernmentalImmunity Contractor agrees and understands that Piticin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (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, 24-10-101, et. seq., C.R.S., as from time to time amended, or otherwise available to Pitldn County or any of its officers, agents or employees. Further, nothing in these Required Clause or any other Contract Document shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 1 � 17. Current Year Obligations The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of this agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This agreement shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's :moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. ,curity Insurance Company of Hartford 115620 Declarations J PROFESSIONAL 9 Farm Springs Drive Farmington CT 06032 Policy Number LIABILITY POLICY FOR 4 amber of the Orion Capital Companies DESIGN PROFESSIONALS "I 11cm 1 Named Insured: The Ross Partnership, P.C. Item 2 Mailing Address: 60 W. Airport Rd., Suite A Aspen CO 81612 Item 3 Phone# 970-920-6980 Fax: 970-920-6994 Electronic Mail #: N/A Item 4 Policy Period: Effective Date: 01/01/2001 Expiration Date: 01/01/2002 (12:01 a.m.local time at the above mailing address) Item 5 Limits of Insurance: Each Claim Aggregate Premium Professional Liability S750,000 S750,000 Shared Expense Dollar One Defense .] COLORADO FRAUD WARNING—It is unlawful to knowingly Education Program Credits provide false,incomplete,or misleading facts or Infonnatlon to an Insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may Include Limitation of Liability Imprisonment,fines,denial of Insurance,and civil damages. Any insurance company of agent of an insurance company who Special Coverage knowingly provides false,Incomplete,or misleading facts or P g Information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or Other claimant with regard to a settlement or award payable from Insurance proceeds shall be reported to the Colorado Division Total Premium Item 6 of Insurance within the Department of Regulatory Agencies. Assessments/taxes Item 7 Deductible Each Claim S5,000 Annual Aggregate 15,000 Item 8 NOTICE OF CLAIMS MADE AND REPORTED POLICY Professional liability coverage is on a CLAIMS MADE basis. It applies only to those CLAIMS made that are first made against you and first reported to the Company during the policy period. Item 9 NOTICE OF EXPENSE WITHIN THE LIMITS: Professional liability coverage contains a provision that may reduce the limits of insurance stated in the policy by the costs of 4 CLAIMS EXPENSES and may permit CLAIMS EXPENSES to be applied against the deductible or retention amount,if any. Item 10 Retroactive Date: See Endorsement 37206 Item 11 The Policy consists of this Declarations Page, Insuring Agreements and Endorsements listed here: DP37206 0 DP3712OB 0 DP37208 0 DP37407 0 DP37532 1 DP37537 1 DP37403_0 DP37000-1 Agent: Van Gilder IFenvecr, e Co oration Date Issued: 1/24/2001 03:51:58 PM Countersigned by: t;ountersigned at: CO Copyri,.hi I"S DPIC Comp—lu,Inc "PHIS POL ICY IS A CLAIMS-MADE POL17Y NVI-IICH PROVIDES LIABUN COVERAGE ONLY IF A CLAIM IS MADE DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED P.EPORTiNG PERIOD:'