HomeMy WebLinkAboutresolution.council.117-08RESOLUTION NO. LI
Series of 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR PROFESSIONAL SERVICES TO UPDATE A
STORMWATER DRAINAGE DESIGN MANUAL FOR THE CITY OF ASPEN
ENGINEERING DEPARTMENT, BETWEEN THE CITY OF ASPEN AND AMEC
EARTH AND ENVIRONMENTAL, INC, AND AUTHORIZING THE MAYOR OR
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an agreement for
professional services to update the City of Aspen's stonnwater drainage requirements and
technical criteria with the design of a Drainage Design Manual, between the City of
Aspen and AMEC Earth and Environmental, Inc., a true and accurate copy of which is
attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that agreement for
professional services, between the City of Aspen and AMEC Eartkr and Environmental,
Inc., a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the Mayor or City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
,/
Aspen on the day o '- %` ^, 0 8.
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Michael C. Ireland, Mayor
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 on the day hereinabove stated.
Kathryn S. K ,City Clerk
G:Mara\RESOS\drainage design manual.doc
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and AMEC Earth and Environmental. Inc., ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
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.
Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and caze 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 June 30, 2009. 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.
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
$143,788.00. 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.
Non-Assiarrability. 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.
Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfmished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared 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.
Covenant Against Contingent Fees. The Professional wan•ants 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 state 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.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility For payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
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.
Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status maybe substituted
for the Workers' Compensation requirements of this pazagraph.
(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 nunimum 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,OOQ00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(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 insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Govenunental 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.
City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
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.
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 Jon Sorenson
City of Aspen AMEC Earth and Environmental Inc.
130 South Galena Street Street Address: 355 South Teller Street
Aspen, Colorado 81611 City, State & Zip: Lakewood. CO 80226
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.
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 regazd 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
forbeazance or indulgence.
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. Illeeal Aliens -CRS 8-17.5-101 & 24-76.5-101
a. Pu ose. 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 famishing 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 aze 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.
(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
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
affirms 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 agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, temvnated 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 aclrnowledge and understand that there aze no conditions or
limitations to this understanding except those as contained herein at the time of the execufion 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]
ATT STED BY:
WITNESSED BY:
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Scope of Work
EXHIBIT "A" to Professional Services Agreement
Scope of Work
The overall goal of the project is to "update the City of Aspen's stormwater drainage
requirements and technical criteria regarding quantity and quality of stormwater
dischazged from developed areas to the City's stormwater management system and
eventually to the Roaring Fork River" per the Request for Proposals. AMEC understands
that Aspen is most interested in an approach keyed to the concept of integrated site
design.
AMEC also understands from our previous prof ects with the City that, according to the
Supplemental Report to the Stormwater Utility Business Plan: "local studies have
identified a strong technical basis for concern about the adverse effects of urban
stormwater runoff on the quality of the Roaring Fork River and its tributaries as they pass
through the urbanized azeas of the City." The report goes on to say "It is generally
understood that stormwater discharges from the Aspen Mountain watershed and the
urbanized areas in the vicinity of Aspen have contributed increasing levels of sediment
discharges and other pollutants such as heavy metals and toxic organics to the Roaring
Fork River."
This project is the first step in the mitigation of this problem (following its identification
in the 2001 Surface Drainage Master Plan and the subsequent AMEC funding project and
provision of a source of funding) and is therefore a critical piece of the long term solution
to protect the water resources of Aspen and their associated benefits.
Task 1: Evaluation and Analysis of Current Ordinances and
Requirements
The City of Aspen desires to revise its stormwater drainage requirements and technical
criteria in a way that provides strong preservation of the natural resources of the City and
the Roaring Fork River, while at the same time unifying the entirety of City code with the
stormwater drainage goals. The task requires a thorough comprehension of City code and
administrative policies related to stormwater as well as knowledge of the coexistence of
this code with County, State, and Federal regulatory frameworks. The task encompasses
research, analysis, facilitation of staff meetings, and drafting of ordinance and policy
language and will include team members specializing in water quality, landscape, and
engineering. As it is completed, this task will serve a key support role in providing the
project team and stakeholders with the information necessary to make decisions
throughout the rest of the project term.
This task will begin immediately upon notice to proceed. The team has compiled and is
familiar with the existing municipal codes, standazds, and technical guidance that affect
stonnwater drainage in the City of Aspen. Having reviewed the existing requirements,
Ms. Locklear and Mr. Sorensen will coordinate and facilitate meetings with staff from
each relevant City department, including Engineering, Community Development, Fleet,
Scope of Work 1/13
Scope of Work
Finance, and Street, among others, in order to glean additional information. These
meetings will cover application and enforcement of existing codes, any department
policies and procedures that are not currently captured in written documentation, staff
goals for the City's drainage criteria, and staff recommendations on changes to City
ordinances. To facilitate discussion and input from each department affected by
stormwater requirements, these meetings will be held on an individual department basis,
with an interdepartmental meeting at the end of the meeting schedule to resolve any
conflicting goals. Ms. Locklear and Mr. Sorensen will document relevant information
gathered from these meetings and submit meeting summaries to the City.
In conjunction with policy analysis and staff meetings, the Team will begin developing
suggested changes and additions to storrnwater drainage criteria and regulations. After
the completion of staff meetings, the Team will assess City codes and policies for their
interoperability with potential changes to ordinance and policy language. The resulting
proposed changes and additions to City ordinances and policies will be discussed
internally with the rest of the AMEC project team, and finally will be peer reviewed by
the project's technical advisors. The finished product will be a written summary of goals
for the revisions to existing City ordinances and policies related to stormwater drainage.
AMEC has worked extensively in public policy development and members of the team
have experience both in the development of stormwater policy and in research on
stormwater programs nationwide
Landscape/BMP/LID Issues
Specific examples of possible desired outcomes for landscapeBMP/LID issues include
the following:
• The PUD submittal requires a landscape plan that uses a varied plant palette of
ornamental plant species. This actually maybe counter to a landscape based
approach to stormwater management, such as a porous landscape planter,
where the plant palette would require a select group of species that can tolerate
both wet and dry conditions.
• Residential Development codes call for strict "build to" lines, side setbacks,
and orthogonal orientation. These regulations are irrespective of
topography/slope and may limit the ability to provide stormwater management
on site. '
The PLTD submittal procedure's stated purpose is to uphold the goals and
objectives of the Aspen Area Community Plan. This plan speaks to limited
growth, or no growth boundaries that promote high density, urban infill
development and prevent "urban sprawl". As we know these regulations are
important when creating a vibrant downtown, or district that is walkable, and
has the urban character that we enjoy. However, if strict stormwater measures
are required for these developments, where land area is extremely limited, it
may result in narrow, deep, hard-lined detention basins that are "shoehorned"
into the site (assuming underground detention is not allowed). In this instance,
Scope of Work 2/13
Scope of Work
the stormwater requirement negatively affects the urban character that is
intended by the regulations, and if repeated project by project, block by block,
it would actually promote urban sprawl.
The above examples are very specific and in some instances the stormwater requirements
could negatively impact the site design/urban design goals that are trying to be achieved
through regulatory measures. In general terms, the AMEC Team and City staff will be
evaluating the various codes, regulations, and technical criteria looking for conflicting
regulations and/or "gaps" that would preclude stormwater management on site. At the
same time, review of these regulations will note special situations, like high-density
urban infill, and suggest low impact stormwater measures that support the broader goals
and objectives ofthe Aspen Area Community Plan as well as other adopted plans.
Engineering Issues
Examples of options to consider for desired outcomes from an engineering standpoint
include the following:
• A possible approach for atwo- or three-phased site design submittal process:
• Apre-preliminary submittal would be conceptual based on the master plan
and would use simplified hydrology, hydraulics, and BIVIPs
• A preliminary submittal would use more detailed calculations based on the
City's comments from the pre-preliminary submittal
• A final submittal would use required hydrology and hydraulic models and
BNIPs
• Specify requirements for design storm recurrence intervals, design rainfall, and
runoff calculations
• Define exactly what is meant by "post development flows must not exceed
predevelopment flows". Does this mean 100 yeaz peak flows, full spectrum
flows, and/or include volume considerations?
Specify required maintenance access and easement requirements and include
maintenance guidelines for each type of facility
Deliverables.•
Written summary ofgoals for the revisions and additions to
existing documents, *.pdfformat
Scope ofWork 3/13
Scope of Work
Task 2: Drainage Criteria Manual
Drainage Planning and Submittal Requirements
Following Task One, the AMEC Team will work with City staff to evaluate and revise,
where necessazy, submittal policies and procedures for drainage related, integrated site
planning. Our past experience in other communities suggests that the following elements
aze especially important to incorporate in the design and review process:
• Establish an Integrated, Multi-Disciplinary Design Approach
Experience from other communities suggests that water quality treatment
alternatives are best integrated into the early stages of site design, to be most
effective. Considering water quality after the site has already been developed
often results in few effective options for treatment, or the installation of
unattractive, unsafe, and unrnaintainable facilities that can become a public
nuisance. Emphasis should be placed on interdisciplinary collaboration between
engineers, landscape azchitects, azchitects and planners to consider water quality
requirements at the initial stages of design.
• Establish an Integrated, Multi-Department Review Process
Multiple agencies, with sometimes varying and possibly conflicting site design
requirements, maybe involved in the review process for public and private
projects. Establishing interdisciplinary design review teams that represent affected
City agencies aze often an effective means for completing the review and
resolving any conflicting requirements that may be identified.
Low Impact Development and Integrated Site Design Practices
The Drainage Criteria Manual will include multiple-benefit approaches to stormwater
treatment for master planned projects, ]azge redevelopment project sites, as well as
individual redevelopment projects. Low Impact Development (LID) and better site design
practices seek to reproduce pre-development hydrologic conditions through the use a
range of best management practices (BMPs) that seek to reduce runoff volumes and
distribute stormwater treatment throughout the site.
The Drainage Criteria Manual will also identify opportunities for "shazed" stormwater
treatment strategies, or regional treatment. For instance, for the Menomonee River Valley
Redevelopment in Milwaukee, Wisconsin, Wenk Associates proposed the concept of
"Green Fingers" to be located between properties of adjacent redevelopments. In this
instance stormwater runoff could be consolidated and treated in one area. Maintenance
responsibilities for the facility could be "shazed" between property owners. Strategies
such as this can reduce individual site costs for drainage infrastructure and at the same
time result in more land appropriated for better site development. In the case of the
Menomonee River Valley, a series of green fingers proposed throughout the
redevelopment area provided pedestrian and bicycle networks, and public access to the
river for the local community.
AMEC will develop preliminary and final plan checklists to help make the submittal and
review process more efficient.
Scope of Work 4/13
Scope of Work
2. and 3. Rainfall, Design Storms, Hydrology and Calculating Runoff
Design rainfall statistics for the City of Aspen can be first derived from the Rainfall Atlas
Volume 3 and then verified by the local rain gages. The U.S. Geological Survey, in
cooperation with the Colorado River Water Conservation District, operates the Hunter
Creek Gage near Aspen which has rainfall records in 15 minute increments for 57 years
and should therefore be very helpful in deriving rainfall data up to the 100 year event.
The snowfall statistics will have to be derived from the long term U.S. Geological Survey
snow gages. Flood flows in the City of Aspen can be caused by summer storms or storms
in the early spring.
The computer model selected for the City will be able to simulate rainfall-induced runoff
flows as well as to predict the mixed runoff flows due to rainfall on snow piles to meet
the goals of the project. HMS and SWMMS/CUHP are two computer models that offer
SCS unit graph, Colorado Urban Hydrograph Procedure, and the Kinematic Wave (KW)
method to predict flood flow conditions. Both HMS and SWMMS/CUHP are capable of
modeling snowmelt runoff. The hydrologic condition in the City of Aspen consists of
large undeveloped mountain valleys, suburban developments, and city catchments.
Therefore, it is necessary to adapt these two computer models for flood flow predictions
for the City, including SCS unit graph for rural areas, CUHP for urban developments, and
the KW method for business districts. The team will calibrate these two computer models
using the local stream flow data and then establish a consistent basis to apply these
methods to tributary areas from one acre to 100 square miles. Of course, the KW method
needs to be consistent with the rational method in terms of localized runoff coefficients
and the computational method for time of concentration.
SWMMS is also capable ofproviding a long term runoff predictionusing acontinuous
rainfall record. This application has become increasingly more important when
stormwater quality becomes a concern and will be key to meeting Aspen's water quality
goals. Along-term rainfall-runoff simulation provides guidance to select stonnwater
BMP devices and to evaluate their life time performance.
A standazd worksheet will be developed for the major and minor design events, and
spreadsheets for water quality control volume, minimizing directly connected impervious
azea (MDCIA), and LID.
Standard worksheets will be developed for small basin and lazge basin runoff models
(rational method for small and hydrology model for lazge), water quality capture volume,
and water quality pond criteria.
Bio-infiltration swales and bay saver type inlet protection criteria will be developed.
4. Street Design (relating to stormwater)
Engineering Aspects
Scope of Work 5/13
Scope of Work
Our approach to the engineering criteria related to stormwater for streets will be to
provide a street flow capacity table that will show depths and widths of allowable street
flow pertaining to each type of street classification in Aspen. This table and associated
criteria will also provide flexibility for areas where criteria cannot be met because of
limitations on inlet sizing and spacing and available storm sewer improvement capacity
(such as in the downtown azea). In these situations, curb overtopping will need to be
evaluated to address potential damage and safety hazazds. AASTO and current City
Street sizing criteria will be integrated with the street stormwater guidance.
Water Quality Aspects
The Drainage Criteria Manual will make use of streets and alleys as an important land
use type that can contribute to stormwater management in Aspen. Maintaining safe,
clean and operable streets, especially during winter months, is of utmost importance to
the City. These are often limiting factors when considering utilization of streets,
sidewalks and alleys for stormwater management. However, street medians, parking lots
and spaces, bus stops, and other paved areas outside of primary vehicle thoroughfares can
be designed to increase infiltration of stonnwater. Alleys and sidewalks hold similaz
potential. The Drainage Criteria manual will illustrate BMPs that can be applied to these
areas while, at the same time, meet the required technical and maintenance criteria. The
use of UDFCD or other standard manuals will be used as they apply to Aspen and
exceptions/customized sub-sections will be developed for Aspen as necessary.
Criteria for roadside ditches and swales will be developed as part of this chapter.
5. Storm Sewer System
Improvements to the City's storm sewer system comprise the lazgest portion of the City's
total potential CIP program as outlined in the "Supplemental Report, Stormwater Utility
Business Plan, Apri12007". However, it is clear that prior to the formulation of the
master plan for these improvements, design standards and criteria need to be developed to
assure the plans make use of the best designs possible.
AMEC's team members' experience in completing the City of Denver Water Quality
manual, Stapleton Redevelopment Guidelines, Boulder BMP Guidelines, water quality
protective guidelines for Colorado mountain resorts, Colorado Water Conservation Board
Drainage Manual, the Cities of Denver and Aurora Manuals, the Greenwood Village
manual and many other manuals will be very useful in guiding the City of Aspen in all
aspects of the storm sewer system design. In addition the special climatic conditions in
Aspen will be addressed in the manual from research in other Cities with successful cold
weather design standards and criteria. The design standards and criteria for retrofitting
existing storm sewers, particularly in the downtown area, will require special
considerations because of the many potential utility conflicts and traffic interruption
potential of the projects.
a. Materials and Construction -these are important, but standard approaches can be
taken from industry design standards. During future construction of the storm
sewer system, an opportunity exists to replace pavement removed for new storm
sewer placement with porous pavements in light traffic load azeas including:
Scope of Work 6/13
Scope of Work
pazking azeas, alleys, and sidewalks. The geotechnical and ground water
conditions would need to be appropriate for this practice.
b. Hydraulic Design -Improved guidelines need to be developed based on the
profiles of the hydraulic and energy grade lines. There will also be new slope
requirements to generate the required velocities.
c. Manholes, Inlets, Pipes -these aze important but standard approaches that can be
taken from industry design standards. Inlet spacing is dependent on the street
capacity determined in street design, manhole spacing is dependent on the size
and length of pipes between manholes for maintenance purposes, and pipe type is
dependent on cost, depth of cover, and other factors.
d. Detention -This is a very important issue and our team suggests consideration of
a 3 stage/volume approach. The first stage would be the water quality capture
volume (WQCV) which would store the necessary runoff volume from the
impervious azeas for the water quality event chosen to meet Aspen's water quality
goals (determined under hydrology, above), the second stage would be for the
City's chosen minor event (normally 2, 5 or 10 year, depending on land use and
other factors (developed under streets and hydrology above), and the third stage
would be for the major event. The major event in Aspen may not be the 100 year
storm, but could be based on risk and damage potential in each area, since it will
primarily apply to developed azeas. For example the major storm could be a 10 to
25 year storm in one master planned area, a 50 year storm in another, and a 100
yeaz storm in yet another azea. It is important to recognize that water quality is
the primayy concern, and therefore the sizing of facilities for peak discharges must
meet Aspen's goals.
The release rate from detention to ensure water quality should be based on the
downstream water quality BMPs' capacity, and the volume of release should be
based on the capacity of the downstream conveyance and storage facilities.
Our team recommends considering the use of the "UD Detention" model for
detention pond design (James Guo was the primary author of this model and
therefore could provide modifications for Aspen if deemed necessary). James
Guo and Jeff Cheng have also developed a very useful model called "Pond
Wizard" that the City may wish to consider.
e. Dry Wells (both foundation draining and surface draining) -Dry wells can be
useful to convey storrnwater underground prior to leaving a foundation drain,
development site or other area; however, several considerations aze in order when
making the decision to use dry wells. Perhaps the most important consideration is
the quality of the stormwater and whether or not it is acceptable to add to the
groundwater. This could preclude the use of dry wells where the quality of the
water to be conveyed to the well is not suitable. A second consideration is the
ability of the subsurface soils and local hydrogeology to accept the peak flows
and volumes into the dry well.
Scope of Work 7/13
Scope of Work
Simplified storm sewer criteria will be used for the hydraulic grade line and
energy grade line criteria, not like UD sewer.
6. Floodplains
The floodplains in Aspen are important, but are primarily contained within incised
channels, so floodplain issues aze minimal. However, our team will include the
appropriate floodplain criteria and standazds to meet the needs of the City. Criteria for
managing development in City floodplains and FEMA criteria will be considered. The
City may wish to manage floodplains differently than FEMA, or at least, in a more
rigorous fashion. For example, in some situations the City may wish to use fully
developed conditions, whereas FEMA uses existing developed conditions.
Requirements for development neaz unmapped tributaries will be included.
7. Mudflows, Mudflow Modeling, Regulations
The current plan to address the mudflow issue in Aspen (which is described in the 2001
study) is to delineate mudflow inundation azeas and implement improvements to mitigate
the mudflows. This study estimated that $13 Million will be required for improvements;
however, the practical risk of mudslide occurrence, which needs to be a factor to justify
all or part of these improvements, has not been determined.
A risk analysis report is scheduled for 2009, therefore this section will be an interim
solution, pending the completion of that study, therefore the mudflow section will be
limited to development of submittal requirements and the identification of resources for
other consultants to use for analysis.
8. Water Quality
It is clear from the RFP that Aspen has ambitious goals for water quality protection and
would like to develop a criteria manual that will place it at the forefront of stormwater
quality management. To address water quality and develop criteria that will meet
Aspen's goals, we envision the following process:
1. Identify and summarize existing water quality regulations for the City of Aspen,
and prioritize pollutants on awatershed-by-watershed basis considering receiving
water chazacteristics, land uses, and other factors. This will include review of
Aspen's existing water quality regulations and criteria as well as water quality and
biological data collected by the City of Aspen. Data collected by Aspen show
extremely high levels of sediment in runoff, lazgely due to road sanding. As weather
warms up in the spring and snow melts, much of the sand applied over the winter
washes off in the runoff. In addition, we understand that the City of Aspen has been
collecting data for parameters including chloride, calcium, biochemical oxygen
demand and dissolved oxygen. This information will be useful for identifying which
Scope of Work 8/13
Scope of Work
types of BMP/LID practices (and associated pollutant removal processes) are most
appropriate for Aspen.
2. Document examples of successful BMP2ID implementation in Aspen and other
mountain communities to serve as models. For example, the sediment removal
vault that was installed at Rio Grande Park, along with equipment to monitor
performance, appeazs to be a good local example. Documenting and
photographing examples (both successful and unsuccessful) can be a very
effective way of illustrating criteria.
3. Work with City of Aspen to develop performance-based criteria for stonnwater
quality. We understand that Aspen is considering adopting an 80 percent removal
criterion for TSS loads discharged from developed sites. Many communities
across the country have similaz criteria, and we are also familiaz with other types
of criteria that Aspen may wish to consider, including the water quality capture
volume approach developed by the Water Environment Federation (WEF) and the
American Society of Civil Engineers (ASCE) and approaches requiring volume
reduction that are increasingly being adopted across the country.
4. Identify runoff volume reduction methods to minimize changes due to
hydromodification. The Denver Urban Drainage and Flood Control District
(UDFCD) Urban Storm Drainage Criteria Manual (USDCM) identifies a four step
process for BMP/LID design, with the first critical step being runoff volume
reduction. This is an extremely important task that can reduce storage
requirements for structural BMP/LID practices and drainage infrastructure, and it
is also critical for minimizing changes to stream stability resulting from increased
frequency and magnitude ofrunoff. Using volume reduction to mimic pre-
development hydrology also may benefit baseflow conditions. Volume reduction
methods such as disconnecting impervious area using grass buffers, swales,
landscaping and other pervious surfaces distributed across a site can be effective
for retrofit of existing development. Geotechnical and groundwater
considerations will be important to determine the applicability of these methods in
Aspen.
5. Develop volume-based BMP/LID criteria to achieve performance goals to the
maximum extent possible. The second step of the UDFCD approach is to provide
controls that store runoff and release it at a controlled rate. The UDFCD criteria
seek to provide a storage volume equivalent to an 80th percentile event (i.e. 80%
of the runoff volume on an annual basis will be stored and released at a controlled
rate). These types of criteria need to be carefully considered in a high mountain
environment and in light of Aspen's goal of an 80% reduction in annual TSS
loads from developed sites. It may be reasonable to release water over a 40-hour
period in the Front Range during spring and summer thunderstorms; however,
when maximum runoff occurs in the spring in Aspen where freezing is a regular
occurrence at night, such an extended period may not be reasonable. Therefore, a
goal of replicating predevelopment hydrology to the maximum extent possible
Scope of Work 9/13
Scope of Work
may be more prudent. In addition, given the heavy sand component of the solids
load in runoff in Aspen, sedimentation may occur at a relatively rapid rate.
6. Develop channel stabilization criteria for frequently occurring flow regimes to
minimize channel degradation potential. The third step in the UDFCD process is
channel stabilization. Even with volume reduction and water quality capture
volume, some degree of increase in runoff volume is an inevitable result of
increased impervious area. Increased volume and/or rate of runoff has the
potential to cause channel instability. Guidelines for channel stability including
allowable velocities and channel stabilization practices could be a useful
component of the Aspen criteria manual.
Provide recommendations for non-structural BMP/LID practices for specific land-
uses. Identifying potential sources of pollutants and appropriate non-structural
methods for specific land uses is the fourth step of the UDFCD process. There is
considerable existing information on "good housekeeping" practices and materials
handling and storage that could be integrated into the Aspen criteria manual to
provide guidance. Additionally, measures related to pet waste can be important.
The water quality aspects described above will dovetail with the following site design
considerations:
1. The Drainage Criteria Manual will provide site development guidelines, with
strategies for BMP/LID use as well as design principles and approaches.
BMP/LID guidelines will be crafted for each major land use type: urban, high
density mixed-use, industrial, residential (single- and multi-family), commercial,
campus/office, and town center. These will also incorporate the region's natural
and scenic qualities so that the resulting constructed elements will complement
their context.
2. Urban infill development and high density mixed-use proj ects are development
types ofparticulaz concern as they often leave little land azea for stormwater
management on site. In these instances, non-structural BMPs, such as rain
gardens, porous landscape detention planters, and porous pavements can be
integrated in the site design, utilizing public and common aeeas for stormwater
treatment. Design elements and spaces such as small planters, courtyards, paved
plazas, and roofs can be designed to accommodate stormwater treatment and, at
the same time, fit into the urban context or enhance the chazacter of the space.
Our experience in preparing Denver's Drainage Criteria Manual is unique in that
it illustrates BMP implementation for ultra-urban and high density mixed use
projects. In addition, Wenk Associates, Inc has vast experiences in built projects
that utilize public spaces for stormwater treatment in highly urban areas.
3. BMP/LID selection for land uses will address the major categories of runoff
reduction, water quality capture volume treatment, and flood detention.
Additional details for specific portions of a site will be provided, such as roof
drainage, infiltration planters, pazking medians and islands, in-street infiltration,
Scope of Work 10/13
Scope of Work
and planting strategies. The manual will also address the climatic conditions
unique to Aspen and the real life maintenance needs, such as snow plowing, snow
storage, and dealing with salt from deicing, that aze common to Aspen
community. Non-structural BMPs will need to be evaluated and designed such to
deal with Aspen's cold temperatures, 300 inches of snowfall, 25 inches of rainfall,
and short growing season. The Drainage Criteria Manual will also include
operations and maintenance requirements for BMPs. These will provide users
with an understanding of methods, procedures and the frequency needed to
maintain both hazdscape BMPs, such as porous pavements, and landscape BMPs
such as rain gardens and porous landscape detention planters. These will be
conveyed with use of tables and illustrative drawings.
4. Drawing on our previous experience in projects like Prairie Trail Stonnwater
Guidelines- Ankeny, Iowa, we will produce a Drainage Criteria Manual in which
the content is highly visual, complete with compelling graphics and text. The
manual is envisioned to make liberal use of tables, charts, color illustrations
(including plans, sections, perspectives and birds-eye views), and photographs to
easily communicate and reinforce BMP/LID concepts and details. From our
experience, we've found that the graphic content helps developers, designers, and
installers not only understand the intent of BMP/LID approaches but can inspire
them to integrate and optimize a system of BMP/LIS approaches within their
project development. At the same time, the document can present planners and
designers with a more holistic approach to land use and development, and assist in
understand how BMP/LID approaches can be combined in a "treatment train"
approach. Lastly, a highly visual Drainage Criteria Manual will promote and
encourage public acceptance of green infrastructure concepts.
The water quality section will use UDFCD Volume 3 as a starting point. It will be
truncated and graphics streamlined. BMPs will be selected that are appropriate for Aspen
and generic proprietary BMPs and drywells will be included by specifying performance
criteria. No recommendations will be made for specific, proprietary products. Up to 5
additional BMPs will be tailored for the specific needs of Aspen using original work and
other sources of information.
Deliverables
• Draft copies of each chapter as they become available, *.doc format
• Revised copies of each chapter as they become available, *.doc format
• Final copies of the entire document, *.doc, *,pdf, and 10 hard copies, bound
Task 3: Meetings
Working meetings will be an integral part of gaining acceptance of the new manual by all
stakeholders. The four meetings proposed in the City's Request for Proposal may be
adequate if general consensus and/or consent on the contents of the manual can be
achieved in that number of meetings. We understand that several issues will be
controversial and to that end our meeting team has the necessary experience to listen and
Scope of Work 11/13
Scope of Work
appreciate all viewpoints as part of making sure all stakeholders feel heard and their ideas
seriously considered. Several of the lead task members also may make presentations at
the meetings if the budget allows.
Initial drafts of the manual should be completed before we roll up our sleeves at working
meetings, but also suggest that an initial meeting be conducted to outline the project and
gain initial stakeholder input. This process will help mitigate potential feelings of the
stakeholders that decisions have already been made and we are looking fora "stamp of
approval" for the project team's decisions.
Our experience with the development of projects involving a working group suggests that
we have multiple tracks presented at each meeting so the group can consider drafts, and
potential redrafts of the manual to allow for due consideration. In other words, we
understand that we can't just have a draft of a manual section presented at one meeting
and the final at the next, especially for complex and/or controversial issues.
An important technique for the meetings is to present the information for staff review and
input prior to the meeting; and then the revised information to the stakeholders in
advance of the meeting to allow time for reading prior to the meeting. Therefore, the
preparation of the material for each meeting, the scheduling of the staff reviews and
advance distribution of the material to the stakeholders usually drive the schedule for the
project.
Deliverables:
• Meeting summaries, *.pdfformat
• Incorporation of revisions into chapters as necessary, *.doc format
Task 4: General Project Coordination
This is an extremely important part of the project and we anticipate regulaz contact to
keep the City and consultant team "on the same page". Jon Sorensen has managed many
projects where the client is heavily involved in the project and this project will be similar.
Therefore, phone conversations must bebacked-up with written summaries that need to
be reviewed and revised by both parties until they are both in agreement with the
decisions made.
Deliverables:
• The City and the Consultant Project Managers will communicate regularly in
order to discuss the project issues and status. Confirmation of the decisions made
during telephone conversations and at formal and informal meetings shall be sent
to the City within 5 working days of the meeting or conversations via email.
• A monthly progress report shall be submitted by the Consultant with the monthly
billing to ensure the project work is completed on schedule and within budget.
In general, all reports and submittals must be approved by the City of Aspen Project
Manager prior to using their content in follow-up efforts. The City of Aspen Project
Scope of Work 12113
Scope of Work
Manager will endeavor to notify the Consultant within 5 working days with approval or
redirection.
Project Schedule
The Project Schedule will be determined with the input of the City's Project Manager
following selection of Consultant but must be completed by June 30, 2009.
Scope of Work 13/13
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