HomeMy WebLinkAboutresolution.council.096-08RESOLUTION # 96
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND SCHMUESER GORDON MEYER, INC.
SETTING FORTH THE TERMS AND CONDITIONS REGARDING 'THE
MAIN STREET STREETSCAPE PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Schmueser Gordon Meyer Inc., a copy
of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Schmueser Gordon Meyer Inc.,
regarding the Main Street Streetscape Project a copy of which is annexed hereto
and incorporated herein, and does hereby authorize the City Manager of the City
of Aspen to execute said contract on behalf of the City of Aspen.
Dated: I ~ 7
I, Kathryn S. 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 October 14, 2008.
/~~~
Ka n S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") Schmueser Gordon Meyer, Inc. ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Com lep tion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than 10/30/09. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by
Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as
otherwise mutually agreed to by the parties the payments made to Professional shall not initially
exceed $114 , 0 7 6 .0 0 . Professional shall submit, in timely fashion, invoices for work performed.
The City shall review such invoices and, if they are considered incorrect or untimely, the City shall
review the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be
liable for payment of any sums due which maybe due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
PSI-971.doc Page 1
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepazed by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional maybe determined.
6. Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work aze under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional en-or, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
PS1-971.doc Page 2
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. Al]
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FNE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FNE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status maybe substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
PS1-971.doc Page 3
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) 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 Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, temunated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and aze available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
PS 1-971.doc Page 4
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
City Manager Nicholas A. Senn,
City of Aspen Schmueser Gordon Meyer, Inc._
130 South Galena Street 118 West 6s' Street Suite 200
Aspen, Colorado 81611 Glenwood Springs, Colorado 81601
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
PS1-971.doc Page 5
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
PS1-971.doc Page 6
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
anew employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
PS1-971.doc Page 7
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirrns under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. General Terms.
(a) It is agreed that neither this ageement 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 aze no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
A¢T~T~EST~ED BY: CITY OF~A~SPEN/, COL,~ORADO:
Tifle: ~ . ~-~y l~c~-., ~~-
Date: ~ `~' ~~-°8
WITNESSED Y:
By:
Da
PROFESSIONAL:
PS1-971.doc
Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(To be completed prior to execution of Agreement)
PS1-971.doc Page 10
THE CITY Of AsrE!:
City of Aspen
Main Street Streetscape Project
Design
PROJECT OBJECTIVE:
This project will utilize professional engineering services to develop the pedestrian crossings, Streetscape
improvements, and traffic calming into the City of Aspen's Main Street Comdor. This project's scope will
include complete constmction design services for one block of Main Street as well as a conceptual design
for 13 blocks of the Main Street corridor. Complete design resulting in Constmction Drawings will be
completed on the Garmisch Street to Aspen Street Block of the Main Street corridor. This design area will
be referenced as the `Trial Median Design Area' for remainder of this document. Conceptual design will
occur from 7`s Street to Original Street. This design area will be referenced as the `Conceptual Median
Design Area' for the remainder of this document. Within the context of this project goal there are
opportunities for the City to:
• Improve the City's pedestrian system by providing traffic calming, and designed crossing
infrastmcture across the Main Street corridor.
• Integrate a median system into existing traffic and pedestrian movements
• Provide a positive traffic and pedestrian experience along the Main Street Corridor
• Update the City of Aspen's Inter Governmental Agreement with CDOT
To achieve these goals, the following tasks have been identified:
!. DATA COLLECTION.
The Consultant shall ensure that the Work is in compliance with, City of Aspen Constmction and
Excavation Standards, AASHTO Specifications, 2000 International Building Code, 1994 Uniform
Plumbing Building Code, 1994 Uniform Mechanical Code, 1999 National Electrical Code, Americans with
Disabilities Act, and other applicable codes and specifications.
Incase of any discrepancy between any of the requirements set forth in the City of Aspen Construction and
Excavation Standards, CDOT Specifications, AASHTO Specifications, Special Conditions, 2000
International Building Code, 1994 Uniform Plumbing Building Code, 1994 Uniform Mechanical Code,
1999 National Electrical Code, Americans with Disabilities Act, and these Contract Documents, the more
stringent requirement shall apply. If any questions arise as to which requirement is more stringent than
another, the Project Manager shall be authorized to determine which is more stringent, and the Project
Manager's decision shall be final.
The result of this work will be the Memorandum ofDesien -Desien Criteria.
1.2 CDOT Coordination The Consultant will meet with City Staff and the Colorado Departrnent of
Transportation (CDOT) to discuss permitting and coordination issues for this project including:
• Main Street Corridor lane width
Left turning movements from Main Street (Rt. 82) onto connector streets
City/State IGA agreement for the maintenance of the Main Street Corridor
Coordinate any appropriate permitting with CDOT in conjunction with both design and
constmction of the project.
1.3 Design Surveys: The Consultant will conduct project design surveys using conventional field
surveying methods. The width of the field-surveyed mapping will extend to the full width of the CDOT
Right of Way in the Main Street Corridor. `Figure `1' delineates the Trial Median Design Area as well as
the Conceptual Median Design Area. The Consultant will secure right-of--entry from the property owners.
Consultant shall provide survey and base maps showing edge of pavements, curb & gutter, ditches,
driveways, gates, strcmres, entryway features, and important landscape feamres with in the Trial Median
Design Area. The Consultant's field survey shall provide the following information as part of the field
survey:
Establish horizontal and vertical control.
Establish right-of--way and easements
Topographic data gathered using standard surveying practices or photogrammetric mapping
methods shall meet the National Map Accuracy Standards for each one-inch equals twenty
feet (1"=20') with one-foot contours. Standard field surveying is required where the mapping
accuracy can not be met due to physical features and vegetation and where feature
requirements require greater detail such as culvert inverts and locating field access points.
Cross-sections shall be taken at 50-foot intervals and at additional critical locations.
Supplemental cross-sections aze required at intersecting roads and driveways (show both
edges and extend back as far as needed to accommodate the proposed regrading). The limits
of the ground survey shall be the same as the photogrammetric mapping.
The detail topographic contour mapping shall extend to the outside boundaries of the CDOT
Right of Way. Drainageways shall be cross-sectioned or contoured at intervals that
appropriately define the hydraulics and outline the existing drainageways. All existing
drainage feature inverts and information regarding size, type, and condition shall be obtained
and noted on the plans.
All survey work for the project shall tie into existing City control diagram points.
Complete City of Aspen and CDOT Right of Way delineation
1.4 Utility Research: Utilities within the project limits are critical Utility information will be developed
from "as-built" plans (if available), surface locates, potholing the existing utilities, as appropriate, and
meeting with individual utility companies. The area delineated in Figure `1' as the Trial Median
Design Area will require design locates and pothole these locations. All work shall be coordinated with
all impacted utility companies, districts, associations, agencies, and residents located within the project
area.
1.5 Geotechnical Survey and Design: Geotechnical studies and designs will be conducted per CDOT
requirements. The Memorandum ofDesien - Geotechnical Investisation will include sections on:
• Construction recommendations for earthwork (trenches, embankments, etc.)
• Constmction recommendations for sidewalk, ADA Ramp and Curb & Gutter installation
• Pavement Evaluation (in accordance with CDOT pavement design procedures) an assumed R-
Value shall be used based upon the existing pavement section. Up to two pavement borings
can be conducted within the Full design area.
7.6 Landscaping: A landscape irrigation and plant material "inventory" will be developed from the site
and other projects within project azea. This inventory will be used in the design of landscape elements
within the limits of the project and the restoration of existing landscape and sprinkler systems within
the project limits. The result of this work will be documented in the Memorandum of Design -
Landscanine and Irrigation
7.7 Traffic Data: Traffic Data will be provided to the consultant by the City of Aspen. This data will be
utilized throughout the project as a baseline. The consultant will provide a conceptual traffic study that
entails the analysis of the provide traffic data. This study will be used to justify any changes to traffic
patterns along the Main Street Comdor. This conceptual traffic analysis will include:
• Comparative analysis of pre and post median level of service
• Turning movements and traffic volumes of Main Street and connector streets pre and post
median.
1.8 Right of Way Survey and Ownership Map: ROW surveys by the Consultant will be conducted at the
same time as the design surveys on all pazcels abutting the CDOT Route 82 Right of Way. Preparing
and checking the property ownership map and legal descriptions will be included in the Right of Way
work by the Consultant.
(Sections 1.9-1.10)
1.9 Traffic Data: Traffic Data will be provided to the consultant by the City of Aspen. This data will be
utilized throughout the projectas a baseline.
1.10 Right of Way Survey and Ownership Map: ROW research by the Consultant will be conducted on all
parcels abutting the CDOT Route 82 Right of Way. Preparing and checking the property ownership
map and legal descriptions will be included in [he Right of Way work by the Consultant.
1. PRELIM/NARYDESIGN
- (Sections 2.1-2.6)
2.1 Documentation of Design Criteria As the project progresses, if revisions or clarifications are needed,
they should be documented in project file memorandums. All future changes are to be submitted and
approved by the City Project Manager.
2.2 Uklfty Coordination and Design: Early identification of the utility facilities within the project
area will get immediate attention. It is the objective of this project to avoid existing utilities whenever
possible. The Memorandum ofDesign -Utilities will include documentation of the utilities in the project
area including information on the potholing of selected utilities in the Trial Median Design Area as
depicted in `Figure 1'.
The Consultant shall contact the impacted utility companies or districts effected in the full design area, and
will provide them assistance throughout the design process. The Consultant will help develop a schedule
for the utilities to be adjusted in order to complete the project. The Consultant shall provide the utility
companies with the proposed plan, profile and cross-sections prior to the 30% Design Review, 60% Design
Review and 90% Design Review meetings (providing electronic files if requested). Consultant shall
compile comments received for such utility companies and make necessary revisions to the design. The
Consultant shall invite the appropriate utilities to the 30, 60, and 90% Design Review Meetings.
Preparation of exhibits for utility agreements between the City and various utility companies are not
included in this scope of work.
2.3 Drainage Plan: It is anticipated that a Drainage study will be conducted to address the following
issues:
• Develop a drainage report that addresses the increase or decrease in impervious area.
• Design of additional stormwater catchment and conveyance infrastrcmre as it pertains to the
addition of a median in the Main Street corridor.
To achieve this the Consultant shall:
• Obtain and review existing drainage information and data.
• Compute peak flows for the (2, and 100-year storm), using a method in accordance with the City of
Aspen Design and Construction Standards Manual.
• Incorporate proposed storm drainage elements into the plans (and show existing).
• Submit preliminary and final drainage /hydraulic reports to the City of Aspen Engineering Department
for review and approval using a letter submittal format.
The result of this work will be documented in the Memorandum of Design - Drainage
2.4 Landscape Planning and Designs: The consultant will coordinate with the City of Aspen Parks and
Recreation Planning and Engineering Staff for overall project concept development relative to pedestrian
circulation and crossings, road median locations, and aesthetics of proposed changes. The City of Aspen
Parks and Recretation Department planning staff shall cooridinate with the Consultant to achieve a
favorable streetscape of the Main Street Corridor. Landscape architectural services from preliminary
planning to planting and irrigation design to any necessary constmction documentation will be provided by
staff from the City of Aspen Parks and Recreation Department.
2.5 Preliminary Plans: The Consultant will prepare the initial design. The Preliminary Plan package will
include the following:
• Title Sheet, Project Data, Plans Index
• Check /verify the survey data and plot the data for conformity and accuracy.
• Typical Sections and General Notes
• Plan and Profile (at 1"=20')
• Sidewalk and Pedestrian Crossing layout
• Prepare all necessary Sidewalk and Pedestrian Crossing typical sections.
• Design and plot horizontal and vertical alignments (and show existing conditions).
• Survey Control
• Determine preliminary earthwork data.
• `Low Key' intersection lighting plan
• Signage and Striping
• Bus stop layout
• Landscaping, electrical and irrigation planning.
• Plot cross sections at 50' intervals and identify all proposed slopes.
• Identify known utility conflicts.
• Details sheet
• Outline Specifications
• Preliminary Cost Es[irnate
Other items of the preliminazy design will include:
• Sediment and Erosion Control Plan.
2.6 30% Review Meeting The Consultant shall also conduct the meeting and perfoan the following:
• Prepare preliminary plans for 30% Design Review Meeting. _
• Send plans to the affected utility companies for their review and shall follow up with
telephone calls and written correspondence as needed.
• Prepare and distribute minutes from the meeting.
• Send meeting notifications to the various utility companies impacted by the project.
_._ ._... .____w
~€ (Sections 2.7-2.9)
2.7 Documentation of Design Criteria As the project progresses, if revisions or clarifications are needed,
they should be documented in project file memorandums. All future changes are to be submitted and
approved by the City Project Manager.
2.8 Preliminary Plans: The Consultant will prepare the initial design. The Preliminary Plan package will
include the following:
• Title Sheet, Project Data, Plans Index
• Check /verify the survey data and plot the data for conformity and accuracy.
• Typical Sections and.General Notes
• Plan and Profile (at 1"=20')
• Sidewalk and Pedestrian Crossing layout
• Design and plot horizontal and vertical alignments (and show existing conditions).
• Survey Control
• Determine preliminary earthwork data.
• Typical `Low Key' intersection lighting plan
• Typical signage and striping plan
• Typical Bus stop layout
• Landscaping, electrical and irrigation.
• Plot cross sections at 50' intervals and identify all proposed slopes.
• Identify known utility conflicts.
• Details sheet
• Outline Specifications
• Preliminary Cost Estimate
Other items of the preliminary design will include:
• Sediment and Erosion Control Plan.
2.9 30% Review Meeting The Consultant shall also conduct the meeting and perform the following:
• Prepare preliminary plans for 30% Design Review Meeting.
• Send plans to the affected utility companies for their review and shall follow up with
telephone calls and written correspondence as needed.
• Prepare and distribute minutes from the meeting.
• Send meeting notifications to the various utility companies impacted by the project.
._W- :,, .... -
°^~+i'~11f~ - (Sections 3.1-3.2)
3. 60% DESIGNr
3.1 60% Design Review Plans and Specifications for Medians, Pedestrian Crossings, Sidewalk and
Drainage. In addition to the requirements previously identified in this scope of work, the following
shall be completed by the Consultant and / or provided to the City:
• Plan drawings at 60% complete design and revised as necessary, to include decisions made during
the 30% Design Review Meeting.
• Updated quantities; documented with worksheets.
• Tabulated quantities. Quantities will be tabulated for roadway, landscaping and drainage elements
for the City Bid Tabulation.
• Incorporate right-of--way requirements and easements into the plans.
• Prepare updated opinion of probable cost. Item numbers, descriptions, units, and quantities will
be as per CDOT format.
• Prepare cross sections every 50 feet for the plans. Supplemental cross sections as required for
special features such as driveways, culverts, intersections, and critical locations where the side
slopes aze steep.
• Prepaze special details, which include but are not limited to sidewalks, curb & gutter, specialized
pavements, pedestrian crossing, culverts, inlets, and erosion control.
• Show ownership information on plan sheets.
• The 60% Design Review submittal shall include General Notes and Project Special Provisions.
• The Consultant will transmit plans to the affected utility companies and coordinate and review
details for utility relocations. The 60% Design Review plans shall indicate existing and proposed
utility relocations.
3.2 60% Design Review Plans and Review Meeting
• Transmit plans to affected agencies fifteen (15) days prior to design review meetings, in
accordance with the DELIVERABLE SCHEDULE.
• Attend and discuss additions or revisions to plans and special provisions. Consultant shall conduct
the 60% Design Review meeting and disfribute minutes to participants within 5 working days of
meeting.
• The 60% Design Review Plan Submittal shall include cross-sections and ROW information with
the plan and profile sheets. The submittal shall contain half size sheets (11" x 17"). The
Consultant shall submit 5ve (5) sets of half size sheets, in addition to those needed for the utility
companies. The cross-sections shall be submitted as part of the half-size plan set. The Consultant
shall send plans to utility companies and other review agencies along with a notice of the 60%
Design Review meeting data and location.
• Prepare project technical specifications. Project Special Provisions and Technical Specifications
shall be prepazed using CDOT format.
• The Consultant shall make necessary corrections to the plans and special provisions following the
60% Design Review Meeting and as requested by the City.
4. FINAL DESIGN:
- (Sections 4.1-4.4)
4.1 Final Plans: The final plans will be prepared in general conformance [o standard plans formats used
on CDOT projects. Final Plans revised as necessary, to include decisions made during the 60% Design
Review Meeting The final plans will include:
• Title Sheet, Project Data, Plans Index
• Standard Plans List (CDOT form)
• Typical Sections and General Notes and Project Special Provisions
• Sidewalk and Pedestrian Crossing Layout
• Prepare all necessary sidewalk typical sections.
• Design and plot horizontal and vertical alignments (and show existing conditions).
• Determine preliminary earthwork data.
• Landscaping, electrical and irrigation. (including restoration)
• `Low Key' intersection lighting plan
• Signage and Striping plan
• Bus stop layout
• Plot cross sections at 50' intervals and identify all proposed slopes.
• Erosion Control Plan
• Survey Control
• Plan and Profile (atl"=20')
• Constmction Staging and Traffic Control
• Miscellaneous Constmction Details which include but are not limited to sidewalks, curb Bc
gutter, specialized pavements, pedesfrian crossings, culverts, inlets, and erosion confrol.
• Summary of Final Quantities
• Tabulation Sheet
• Final Cost Estimate
• Finalize cross sections every 50 feet for the plans. Supplemental cross sections as required
for special features such as driveways, culverts, intersections, and critical locations where
necessary.
• Confirm ownership information on plan sheets.
4.2 Specifications and Cost Estimate: Final Specifications will be prepared in CDOT format and will
incorporate City requirements. Specifications for the project will be based on the latest version of the
CDOT's Standard Specifications for Road and Bridee Construction. Finalize tabulated quantities.
Quantities will be tabulated for roadway, landscaping and drainage elements for the City Bid Tabulation.
Prepaze fmal opinion of probable cost. Item numbers, descriptions, units, and quantities will be as per
CDOT format.
4.3 Construction Contract Documents: The Consultant will provide the Plans and Specifications and Bid
Schedule (list of Bid Items) to the City. The Consultant will also prepaze the Constmction Contact
Documents (which will include the Plans and Specifcations and Bid Schedule prepared by The
Consultant). Consultant shall incorporate all project technical specifications and special provisions into
the contract document.
4.4 90% Design Review Plans and Review Meeting
Transmit plans to affected agencies and utilities fifteen (15) days prior to design review meetings.
along with a notice of the 90% Design Review meeting date and location.
Attend and discuss additions or revisions to plans and special provisions. Consultant Project
Manager will conduct the meeting and distribute minutes to participants within 5 working days of
the meeting.
The Consultant shall make necessary corrections to the plans and special provisions following the
90% Design Review Meeting and as requested by the City.
- (Sections 5.1-5.7)
S. GENERAL:
5.1 Project Coordination and Continuing Requirements: This task includes meetings, contract
administration and general documentation of all activities of the project. Major plan review meetings are
included as discussed above.
The Consultant shall provide the City with the following:
• Copies of all written communications shall be distributed via email or legible fax in a timely manner
and hard copies shall follow with the monthly progress report submitted with the monthly billing.
• Communication between [he Consultant Project Manager and the City of Aspen Project Manager will
require confirmation of decisions made during telephone conversations and at formal and informal
meetings.
• The consultant shall distribute copies of all pertinent information to the other agencies and copy the
City Project Manager on all correspondences.
• Coordination of all contract activities by the Consultant that involve work tasks being assigned to sub-
consultants; and ensure the project work is completed on schedule and within budget.
5.2 Monthly Progress Reports -The Consultant shall document progress, utilizing a project schedule /
Earned Value Tabulation to illustrate and track what percentage of each task has been completed as part of
the monthly progress reports (which shall be included with the monthly invoice and submitted to the City
Project Manager).
5.3 Progress Meetings -The Consultant shall conduct the meetings using the following format:
The Ciry and the Consultant Project Managers will meet periodically (typically/at least every four
weeks) in order to discuss the project issues and status. Notice for meetings and meeting agenda shall
be prepazed and distributed by the Consultant. The progress meetings will be used to review progress,
coordinate work activities and to resolve outstanding problems. The following will be reviewed at
each meeting:
a. Debriefing of issues brought up by the public
b. Update of activities completed since the last meeting
c. Problems encountered and recommended solutions
d. Review of design and any new alternatives to be considered
e. Discuss if any delays are anticipated in accomplishing various tasks and re-
define necessary timelines for their completions.
f Schedule upcoming meetings and events
g. Discuss and update the schedule (revise if necessary)
h. When a definable task is discussed during a meeting, the minutes will identify
the "Action Item", identify which agency is responsible for accomplishing it,
and the proposed completion date.
In general, all reports and submittals must be approved by [he City of Aspen Project Manager prior to using
their content in follow-up design efforts. The City of Aspen Project Manager will endeavor to notify the
Consultant within 5 working days with approval or redirection.
5.4 Public Involvement: The Consultant will support the City in preparing for and conducting a public
involvement program. The major elements of the plan will be:
• two public meetings
• two council meetings,
• two Historic Preservation Commission meetings
• two Aspen P&Z meetings
• preparation of supporting graphics.
5.5 Bidding Phase: The Consultant shall perform and / or furnish the following services during the bid
and award phase of this project:
• Aid the City Project Manager in conducting the Pre-Bid Conference.
• If needed, assist in determining azeas where constmction plans can be modified (quantities adjusted) in
order to stay within the construction budget for this project.
• Prepare Project Addendum(s) as necessary to clarify issues in the contract /design.
5.6 Shop Drawings: The Consultant will review (and commenUapprove) shop drawings for any structural
components of the plans.
5.7 Design Errors: Any additional design or constmction costs resulting from conflicts with existing
conditions, during the construction phase, that could have been identified by the Consultant within
reasonable means, shall be borne by the Consultant.
ADDITIONAL SERVICES:
The Consultant shall survey the project area and prepare modified contract drawings to reflect significant
changes (as-bunts) made after the constmction contract award, and during the construction progress. Mylar
reproducible copies shall be provided for the City's use.
It is understood that the City will require the design consultant to participate during the project's
construction (considered any time after the successful bid opening) on a limited basis. The Consultant will
attend the preconstmction meeting and the subsequent weekly construction progress meetings. The
Consultant will prepare meeting minutes from these meetings. Additionally the Consultant must have the
capability to provide construction services to any level as an additional service, and will work with the City
to customize this service, as needed.
PROJECT SCHEDULE:
Work will not commence until the written Notice to Proceed is issued by the City and received by the
Consultant. All work for this project shall be completed within the allotted times as identified in the
agreement. Additional time lost for reviews and approvals not anticipated shall be documented by the
Consultant in the monthly progress reports which are submitted with the monthly billing.
The Consultant Design Schedule, (showing critical path activities identified in the Scope of Work), shall be
completed and distributed at the pre-design meeting in a bar chart format (on 11" x 17" paper). This
meeting should be held within 15 days from the Notice to Proceed to the Consultant. The schedule shall be
updated monthly and discussed at the progress meetings.
The Project Schedule will be determined with the input of the City's Project Manager but must be
completed by May 2009.
SUBMITTAL FORMAT
Plans and specifications shall comply with the following:
The plan and map sheets shall comply with the following requirements
1. The original plots are 11" x 17" size sheets and are tme to scale.
2. The 1 P' x 17" sheets shall be a high quality plot or laser plot on plain paper.
3. All drafting and lettering shall be of the proper density and legibility fora 50 percent
reproduction. There shall be no excessive screening on drawings. When required,
screening shall be accomplished by a 50 percent screen with a maximum of 50 lines per
inch. Also, final drawings for reproduction will have all drafting work and image on one
side of the sheet.
4. All plan /profile and detail sheets shall have a "title block", "revision block", and "as
constructed block" in one comer of the sheet.
5. Plans must be submitted in a scale acceptable to the City. Plans must also be reproducible
by the City. This includes two sets of half size plans (11"X 17").
6. The Consultant shall also provide a complete set of mylar reproducible constmction
drawings (approved by the City's representative and other necessary agencies) for the
City's use. They must also be submitted in electronic form in AutoCAD V.14 or later
version on CD ROM.
7. All documents will also be submitted in MS Word format.
DELIVERABLES
The following is an estimate of the deliverables required for this project.
Project Administration:
• Monthly progress with updated earned value tabulation reports and monthly invoices.
• Meeting minutes.
Data Collection:
• Survey
• Memorandum of design which includes the following:
• Design Criteria
• GeotechnicalInvestigation
• Environmental documents (tlueatened and endangered species, WIR, 404 permitting)
• Irrigation and Plan material inventory
• Utilities (including a utility adjustment schedule)
• Drainage (preliminary /final hydraulic reports, drainage plan)
• Utility Research (Schedule for utility adjustment)
Preliminary Design (30%)
• Plan and profile sheets for the proposed stormsewer pipe (1 set of half size)
• Preliminary opinion of probable cost (approximately 1 copies)
• 30% Review Meeting minutes
• Meeting Notification
• Letters of transmittal to agencies and utilities
60% Design
• Plan and profile and cross-section sheets for plans (1 set of half size with cross sections)
• Opinion of probable constmction cost (approximately 1 copies)
• Construction contract document specifications for construction (approximately 1 copies)
• 60% Review Meeting minutes
• Meeting Notification
• Letters of transmittal to agencies and utilities
Final Design
• Plan and profile and cross-section sheets for the proposed sidewalk (3 sets of full size with cross
sections and 1 set of half size with cross sections)
• Opinion of probable cost (approximately 1 copies)
• Technical specifications for constmction (approximately 3 copies)
• Review Meeting minutes
• Meeting Notification
• Letters of transmittal to agencies and utilities
• Construction Contract Documents
Constmction Documents
• Three (3) full size and three (3) half size sets of constmctron plans for bidding purposes which includes
three (3) sets of half size cross sections.
• One set of final technical specifications for bidding purposes (and all necessary addenda). The City
will provide the Consultant with standard construction contract and the Consultant shall combine
the technical specifications, special provisions and general conditions for the formation of the final
bid documents.
The Consultant will also submit the following at the completion of the work:
1. Sidewalk, Landscaping and Drainage Plans
a. Quantity calculation worksheets
b. Geometry data files
c. Earthwork files
d. Final drawing files Calculations associated with the project
10
e. Final design reports
f As-built plans.
The following is an estimate of the deliverables required for this project.
Project Administration:
• Monthly progress with updated earned value tabulation reports and monthly invoices.
• Meeting minutes.
Data Collection:
• Survey
• Memorandum of design which includes the following:
• Design Criteria
• CDOT Right of Way
• City of Aspen Right of Way
• General Layout of the Main Street Corridor
Preliminary Design (30%)
• Plan and profile sheets for the Conceptual Median, Tum lane, and Pedestrian Crossing Design (1
set of full size and 1 set of half size)
• Preliminary opinion of probable cost (approximately 1 copies)
• 30% Review Meeting minutes
• Meeting Notification
• Letters of transmittal to agencies and utilities
11
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed prior to execution of Agreement)
PS1-971.doc Page 11
Cit of Aspen -Main Street Streetsca in Printed: October 9, 2UU8
Engineering Estimate Summary Form
Company
Schmueser Gordon Me er Estimated By
Nicholas A. Senn Date
10/1/08 Rev
0 Sht
1 of
4
Task Description
Traffic O erations Stud and CDOT Speical Use Permit Submission Transportation
Hours and Labor Charges
Item Code Personnel Category Rate Hours Salary Labor
1 PD Princi al in Char a -Dan Cokle $140.00 26 $3,640
2 PM Project Mana er -Nick Senn $125.00 130 $16,250
3 SSE Senior Structural En ineer- $125.00 0 $0
4 TEN Traffic En ineer -Lee Bar er $110.00 130 $14,300
5 ENG Design En ineer - $90.00 0 $0
6 DRA CADD Drafts erson -Matt Cudmore $75.00 84 $6,300
7 SM Surve Mana er -Steve Elers $140.00 44 $6,160
8 ST Surve Technician -Scott Hemmen $100.00 270 $27,000
9 FS Field Surve $225.00 114 $25,650
10 ADM Administrative - $65.00 36 $2,340
11 0 $0
12 0 $0
13 0 $0
14 0 $0
15 0 $0
Subtotals 834 $101,640
Labor Overhead 0.00%
Fee 0.0%
subtotal (Labor Cost) $101,640
Other Direct Cost (ODC)
_ .. ..;
Travel and Living
$440
Errata Communications and Shipping $60
Composite Rate Project Office /Supplies $0
$121.87 CAD EquipmenUComputers/Software $0
ODC Rate Reproduction $305
$1.06 Other (see Form C) $81
Doc Count subtotal (ODC Cost) $886
1 subtotal (Vendor Cost) $11,550
Hours /Document
834 TOTAL COST $114,076
Comments