HomeMy WebLinkAboutresolution.council.011-11 RESOLUTION NO.
Series of 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
AGREEMENT FOR SUPPLY AND CONSTRUCTION OF THE ISELIN FIELD
SYNTHETIC TURF PROJECT BETWEEN THE CITY OF ASPEN AND ACADEMY
SPORTS TURF AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
ACCEPT SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council, a Procurement Supply
and Professional Services Agreement between the City of Aspen and Academy Sports
Turf, 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 a Procurement
Supply and Professional Services Agreement, between the City of Aspen and Academy
Sports Turf for the Iselin Field Synthetic Turf Project, a copy of which is annexed hereto
and incorporated herein, and does hereby authorize the Mayor or City Manager to
approve said procurement supply and professional services agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 1'! day o 1 011.
/ /Xi /4 'r //
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 here' above stated.
athryn S. K f , City Clerk
Fif
The 014'dispel
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2011 04f 04t Office
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2010 -086
AGREEMENT made as of 14 day of February, in the year 2011.
BETWEEN the City:
Contract Amount:
The City of Aspen Procurement: $469,037.00
c/o Steve Barwick
130 South Galena Street Professional Services: $10,000.00
Aspen, Colorado 81611
Phone: (970) 920 -5055 Total: $479,037.00
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Academy Sports Turf until it has been approved by the City
Y P Council of the City of Aspen.
c/o Paul Kelley
3740 South Jason Street City Council Approval:
Englewood, Colorado 80110 Date: g. t 11
Phone: (303) 789 -3172
Resolution No.: ((— 7 -enl
For the Following Project:
Iselin Field Synthetic Turf Project
Exhibits appended and made a part of this Agreement:
Exhibit A: Comprehensive Project Cost Proposal
Exhibit B: Scope of Work.
Exhibit C: Special Conditions - Construction Project
Exhibit D: Hourly Fee Schedule.
The City and Professional agree as set forth below.
Agreement for Procurement and Professional Services Page 0
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A and Exhibit B, appended hereto and by this reference
incorporated herein, for the sum of set forth above.
2. Delivery. (FOB 0861 Maroon Creek Road, Aspen, CO 81611)
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. The Professional warrants and guarantees to City that all Work, whether supplied,
furnished, installed, provided, or performed by Professional, a Subcontractor, or Supplier, will
be in accordance with the Contract Documents and will not be Defective. All Defective Work,
whether or not in place, must be rejected, corrected or accepted. Work shall be performed in a
skillful and workmanlike manner. Except where longer periods of warranty are indicated for
certain items, Professional warrants Work, whether furnished, installed, provided, performed or
supplied by Design/Builder, a Subcontractor or Supplier, to be free from faulty materials and
workmanship for a period of not less than Eight (8) Years from date of Substantial Completion.
The Professional, at no additional expense to the City, shall remedy damage to the site, or the
synthetic turf product which is the result of any failure or defect in the Work, and restore any
work damaged in fulfilling the requirements of the Contract Documents.
With respect to all warranties, express or implied, from Subcontractors, manufacturers, or
Suppliers for Work performed and materials furnished under the Agreement, the Professional
shall:
• Require all warranties to be executed, in writing, for the benefit of the City, if directed
by the Owners Representative.
• Enforce all warranties for the benefit of the City, if directed by the Owners
Representative.
• Assign all warranties and guarantees in writing to the City upon the request of the City.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A and Exhibit B attached hereto and by this reference
incorporated herein.
Agreement for Procurement and Professional Services Page I
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously
as is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no
later than August 26, 2011, with the installation and availability of the synthetic turf field no
later than August 26, 2011. 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.
8. 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 D appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
the amount set forth above. 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.
9. Non - Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this Agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or
employee of the Professional to the extent of the subcontract. The City shall not be obligated to
pay or be liable for payment of any sums due which may be due to any sub - contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion
the City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of 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 eamed after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports or other material prepared by the Professional pursuant to this
Agreement shall become the property of the City. Notwithstanding the above, Professional shall
not be relieved of any liability to the City for damages sustained by the City by virtue of any
breach of this Agreement by the Professional, and the City may withhold any payments to the
Professional for the purposes of set -off until such time as the exact amount of damages due the
City from the Professional may be determined.
12. 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
Agreement for Procurement and Professional Services Page 2
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.
13. 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.
14. 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
Agreement for Procurement and Professional Services Page 3
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. hi 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 may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) 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 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,
Agreement for Procurement and Professional Services Page 4
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(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.
15. 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.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter
thereof not expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail retum receipt requested to the respective persons and/or addresses listed above.
18. 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.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant,
Agreement for Procurement and Professional Services Page 5
vessialelis
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.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City
unless duly executed by the 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.
(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.
Agreement for Procurement and Professional Services Page 6
(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
a new 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
Agreement for Procurement and Professional Services Page 7
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.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
Agreement for Procurement and Professional Services Page 8
4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
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 first written above.
Agreement for Procurement and Professional Services Page 9
CITY • ASP , COLORADO: PROFESSIONAL:
I 41
[Signature] [Signature]
By: f /a By: /"Lute /`Et ‘—E
[Name] [Name]
Title: Cr6 d/a..75.-- Title: Gr=o
Date: i - 15- -/i Date: 2/2/20//
Approved as to form:
( City Attorney's 0 Ice
• 1PW- 2/1/201 I- 6568448- M1city\ purchasing \Tempiates\Procurement & Prof Sery \Procurement & Prof Serv.doc
Agreement for Procurement and Professional Services Page 10
EXHIBIT D
Hourly Fee Schedule
Agreement for Procurement and Professional Services Page I 1
. f
AC4o TURF ..VIi ISELIN FIELD EXHIBIT D
Schedule of Hourly Rates and Charges
For Engineering and Surveying Services
August 2010
CLASSIFICATION HOURLY RATE
Engineer $75.00 - $130.00
Project Engineer (PE) $130.00 - $150.00
Manager /Principal (PE) $150.00 - $175.00
Construction Observation $105.00 - $115.00
Site Planner $85.00 - $95.00
Landscape Architect $70.00 - $85.00
Planner $75.00 - $110.00
CADD Technician $70.00 - $95.00
Surveyor/Technician $70.00 - $95.00
Project Surveyor (PLS) $95.00 - $120.00
Survey Manager $130.00- $150.00
Clerical $45.00 - $60.00
Survey Crew (2 -Man) $120.00 - $155.00
Expert Witness $2,000.00 /day
REIMBURSABLE EXPENSES
Photocopies 8.5" x 11 "/11" x 17" $.50 / $1.00
Bond Prints 24" x 36" (per sheet) $1.00
Color 24 x 36 (per sheet) $10.00
Mylar Film Sepia 24" x 36" (per sheet) $20.00
Transportation:
Standard Vehicle Charge (per mile) $ 0.85
Individual Project supplies, commercial transportation, subsistence for overnight travel and
similar project related expenses shall be billed at our cost plus 20 percent.
3740 South Jason Street % Englewood, Colorado 80110% Phone: 800.372.6639% Fax: 303.762.8190
Exhibit A
January 20, 20 11. Ta CrrY oP ASPEN
Mr. Todd Smith ' .
Academy Sports Turf, LLC •
3470 5. Jason Street
• F•nglewood, CO 80110 . •
Fax: 303- 762 -819
• Re: Proposal submission, Iselin held Synthetic Turf Project '
' Dear Mr. Smith,
Your Field Construction Team hes been further §hortlisted for the Iselin Field Synthetic .
, Turf Project. •
The City desires u propo s al has presented a total cost for Phase become and Phase basis cope bf ,.
work, utilizing value. Your tilizing a 44 o z. Sh P
rk, u z. Shaw Sportexe turf product at $470,494.00. Please confirm and
provide a complete project price (not range) for the following:
•
, 1. Base Proposal Costs: •
Phase 1: $ 10
Phase 2: $ 462 0613. with utilization of 44 oz Shaw
• Sportexe Powerblade HP synthetic turf, exclude inlay football
striping ``
Total: $ 479,06F'i oa t ?ODES) MOPE cnabut - NW G C'I13frt.) • 2. - _ mate Proposal Costs: ,E • Phase 1: .:.: • s °D
Phase2: .$ a. 0O • oz. 17BU-
Speed Series M ' , " is 1 , e • -.: . otball striping \
Tot: I( :: -"Y 71�t - . :, ' , s . - : MMOD) 1441 1441 tS V4" TAEUE P MORE w - •
3. Add Alternate Proposal Cost, Lacrosse End Line Net system:
Supply & installation of 9' high x 180' long (x2) 1-3/4" square mesh
polyethylene/nylon net with removable 2 -3/8" dia. black powdercoated
aluminum support posts and turf sleeves. (HBS -1 System by Aluminum .
Athletic Equipmedt or similar) i Tills to RAE -1 C3 V ES4 P? FaoTEgS)
• Total: $ -' 469.. w 113CsysES EtTPA Mar Smart CAPS
v %.41:941 STCe V \SSCS DJRWG `111 Carts W€ .
�f t�ppp7�5 WU t5E
t 1388dnndd Gems 5rnse'P • AseaN, CoLouoo 81611 -1975 • Piton 970705008 • Ea 970.9205197
www.eepenpitidn<am •
Printed on cya.e P.pn
Please provide this requested proposal cost information to me Ma email
(scott.gbism®ci.aspen.co.us) by 1:00 pm, Tuesday, January 25 2011. Following
receipt of this requested infortation, the City intends to award the project to the
successful Field Construction Team.
Thank you again for your efforts to date with this proposal and yesterday's interview.
Sincerely,
Scott t Chism, LLA #222
Project Manager, Parks Planner
•
•
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Exhibit B
Iselin Field Synthetic Turf Scope of Work
SCOPE OF WORK
Phase I
The FCT (Field Construction Team) will finalize project program, complete field design
documentation, including specifications and cost estimation. More specifically, the FCT shall:
• Coordinate directly with City of Aspen Parks Department in -house design staff for
production of drawings.
• The FCT will be provided with a site survey of the project area. The FCT will also be
provided with a geotechnical report. The FCT will be responsible for collecting any
other documents necessary to complete the project.
• The FCT will be provided schematic synthetic turf field layout plan. The synthetic
turf field surface has to be integrated with a surrounding area of natural turf grass.
All existing backstop and perimeter fencing will remain in place and undisturbed.
• The Design phase will refine the project program, site layout of the field,
specifications for the monofilament synthetic turf and provide a cost estimate.
• The FCT will prepare design drawings, specifications and details for field layout,
including striping for high school boy's lacrosse, high school girl's lacrosse, high
school baseball, high school soccer and high school football, all at a level necessary
for the FCT to complete construction.
• The FCT will complete surface and subsurface drainage design within the parameters
of City of Aspen stormwater requirements. A Colorado licensed civil engineer
familiar with synthetic turf requirements and characteristics should be included as
part of the FCT.
• The FCT will complete planning and design for infrastructure necessary for a
potential future field lighting system.
Phase II
The FCT will conduct Construction activities that shall include:
• Coordination and oversight with City of Aspen Parks Department in -house
construction crews who will complete removal of natural grass /topsoil.
• Coordination and oversight with City of Aspen Parks Department in -house
construction crews who will complete overlot grading of sub -base to +/- .10' and
compaction to 95% proctor of field profile subgrade.
• Coordination and oversight with City of Aspen Parks Department in -house
construction crews who will complete provision and hauling services for imported
`field base' rock based on design specifications.
• The FCT shall complete 4" lower level and 2" upper level of `field base' rock profile
to necessary tolerances.
• The FCT shall install drainage infrastructure necessary based on design requirements.
• The FCT shall install infrastructure necessary for potential future field lighting
system (conduits). Field lighting is not in the current scope of work for 2011.
• The FCT shall complete installation of monofilament synthetic turf and rubber /sand
infill with the following characteristics:
♦ 2 -1/2 "— 2 -1/4" fiber length
♦ 70 %/30% rubber /sand infill mix by weight
♦ Triple layer primary backing - -8 oz. minimum, secondary backing -26 oz.
minimum
♦ 40 oz. fiber density minimum
♦ 6" depth rock `field base' minimum
♦ ' /a" fiber exposed maximum
♦ Rolled timber 2 "x10" nailer edge to blend into existing natural turfgrass
• The FCT shall install inlaid striping for high school boys lacrosse, high school girls
lacrosse, high school soccer and high school baseball. Inlaid field layout markings
for high school football practice shall also be installed by the FCT.
2
Exhibit C
THE CITY OF ASPEN
SPECIAL CONDITIONS — CONSTRUCTION PROJECT
For
Iselin Field Synthetic Turf
City Project No. 2010 -086
1.0 GENERAL:
1.01 Clarification of Terms: The Special Conditions are intended to specify and provide additional
description, clarification, or conditions that are applicable to this Contract. These Special Conditions
amend or supplement the Standard General Conditions of the Construction Contract and other provisions
of the Contract Documents as indicated below. All provisions, which are not so amended or
supplemented, remain in full force and effect.
1.02 Affirmative Action Goals: The City does not have any policy for "DBE" preference nor does the City
have any type of "DBE" certification program. The City of Aspen promotes an equal opportunity for
any Contractor bidding on City jobs. No federal or state funds are being utilized for the Iselin Field
Synthetic Turf Project; as a result no "affirmative action goals" as defined at a federal or state level,
apply to this work scope.
2.0 CONTRACT TIME
2.01 A verbal and written Notice of Award will be issued from the City by Mail and Phone, on January 26,
2011, and the Contractor's Representative shall pick up three (3) sets of the Contract Agreement Form
Documents (at the City Managers Office) on the same day. The Contractor will execute all necessary
pages of the contracts and their required documents and submittals, and deliver them to the City
Managers Office by 10:00 AM. February 4 2011. The Commencement Date of the contract
performance time is the date determined at the Notice to Proceed conference, which will be scheduled by
the Owners Representative.
2.02 The Contractor shall execute the Scope of Work with due diligence and shall fully complete in every
detail of the Work to be done under this Contract within 187 Consecutive Calendar Days starting no
earlier than February 2P 2011 and finishing no later than August 26 2011. Contract Time commences
at the date determined at the Notice to Proceed Conference. All time extensions must be authorized by
the Owners Representative.
2.03 All Work shall be one hundred percent (100 %) complete for this project on or before August 26 2011.
The Contractor shall be responsible for implementing all improvements by this date.
3.0 BONDS, INDEMNIFICATION, LIABILITY, AND INSURANCE:
3.01 Performance, Payment, and Maintenance Bonds: For Construction, the Contractor shall furnish
Performance, Payment and Maintenance Bonds, each in an amount equal to one hundred percent (100 %)
of the total Contract price as security for the faithful performance, payment, maintenance obligations of
all Contractor's Work under the Contract Documents. Reference is made to the General Conditions for
further requirements for Performance, Payment and Maintenance Bonds.
3.02 Bid Bond: A Bid Bond is not required for this project.
4.0 LIQUIDATED DAMAGES:
Liquidated Damages shall be as set forth in the document labeled Liquidated Damages (LDI) included in the Project
Documents.
5.0 EXPLORATION REPORTS & MATERIALS TESTING:
5.01 Limited exploration reports and tests of subsurface conditions at the site are available from the Owners
Representative. The Contractor shall evaluate available soils report and obtain/perform additional
subsurface soil investigations when deemed necessary through a certified materials Lab. All soil
sampling & compaction related testing and re- testing will be performed by a certified materials testing
laboratory acceptable to the Owners Representative and at his direction. The Contractor shall pay the
cost of testing and re- testing.
6.0 OWNERS REPRESENTATIVE:
All references in the Contract Documents to "The Project Engineer" and "City's Representative" shall refer to Owners
Representative.
The Owners Representative for this project will be The City of Aspen Parks Project Manager. The Owners Representative,
unless provided in writing by the City of Aspen Manager of Parks & Recreation, is the only individual having the authority
to render any binding decisions, and/or judgments to the Contractor pertaining to any work which may change the Contract
price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed.
The City of Aspen Project Manager shall serve solely as a means of communication between the City and the Contractor
and shall monitor the Work for the City.
7.0 MANDATORY PRE- CONSTRUCTION CONFERENCE & WEEKLY PROGRESS
MEETINGS:
A pre - construction conference will be held following City Council's approval of the Contract Amount on the date
determined by the Owners Representative. The purpose of the meeting shall be to explain and coordinate, as required, to
the Contractor, the requirements of the Contract Documents, the procedures to be used in the administration of the
Contract, and to discuss any item of concern to the work. The Contractor and the Owners Representative shall be required
to attend the pre- construction conference as a condition of the Contract. The time and the day for Mandatory Weekly
Progress Meetings shall be scheduled at the pre - construction conference.
8.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS:
8.01 Within seven (7) days of the date of the contract award, and prior to the pre - construction conference, the
Contractor shall submit for review of the Owners Representative a critical -path chart showing the
estimated progress for the component divisions of the Work and a balanced time breakdown, showing
the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall
submit with each progress pay estimate a form showing the actual rate of progress to date for the
component divisions and for the Project as a whole. The actual rate of progress shown on the form shall
only include Work completed and shall not include stored materials.
8.02 The Contractor shall also submit for approval, prior to the pre - construction conference, a Construction
Staging and Mitigation Plan and a narrative of the planned sequence of construction indicating the
approximate date and time duration of Aspen Recreation Center parking lot restrictions, utility
interruptions, etc., as applicable to this project.
8.03 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on
the approved critical -path chart, and in the absence of time extensions if any granted by the Owners
Representative, the Contractor shall accelerate the Work by placing additional forces and equipment on
the Project so that the Project will be completed within the Contract Time. The Contractor shall be
capable, and make available the necessary work crews and equipment to perform the work on time.
8.04 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses, and phone
numbers to the Owners Representative 24 hours prior to the pre - construction conference. Emergency
phone calls must be responded to in 15 minutes or less and action must be taken on the emergency
condition immediately. Such emergency calls shall be project related corrective and restorative work
and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner
may initiate such corrective work at Contractor's cost if the Contractor fails to perform the required task
within one hour of an emergency call.
•
8.05 The Contractor shall be responsible for keeping the field area closed to public use at all times during and
after their daily work activities.
9.0 SURVEY CONTROL:
The Contractor shall be responsible for establishing grades from the Bench Mark(s) established from the existing survey
and described in the Contract Documents. The Contractor will be responsible for the establishment of a construction base
line, and all layout and grade staking by an insured Colorado registered professional land surveyor. The Contractor shall
be responsible for protecting and /or re- establishing benchmark control, and layout staking during the construction process.
10.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING
PROPERTY:
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent
damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such
damage on account of his failure to fully provide such protection. The Contractor shall notify all public utility companies
at least forty-eight (48) hours prior to commencement of any Work in the vicinity of the utilities. No Work shall commence
until the utilities have been located and marked by the utility company. If utility service must be interrupted, the
Contractor shall coordinate with the respective utility provider at least forty-eight (48) hours prior to interruption. Notice
shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the Owners
Representative.
11.0 DAMAGE TO CONSTRUCTION:
The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all construction, both
complete and incomplete, against damage and destruction. Should damage result, The Contractor will be required to
reconstruct at his expense all damaged work back to the original Plans and Specifications. Reconstruction shall be in a
manner suitable to the Owners Representative. No repair or mitigating option for damaged Work will be accepted.
12.0 JOB SITE RESTRICTIONS:
All materials to be removed from the project site or demolished on site shall be disposed of by the Contractor off the
project site unless requested otherwise by the Owners Representative. The City's property is not available for Contractor
staging or storage area, unless if permitted by the Owners Representative. The Owners Representative will indicate a
staging and storage area near the construction zone for use by the Contractor. The City's property is not otherwise
available for a Contractor's disposal area.
Noise levels cannot exceed 80 Decibels at the property line before 9:00 am on any work day.
13.0 WORKING HOURS:
Work will be permitted in the designated construction area between 7:00 a.m. and 5:00 p.m. Monday through Friday and
between 9:00 am and 5:00 pm Saturday. Site work is not permitted on Sunday. Other work hours must be approved by the
Owners Representative in writing.
14.0 LABOR, MATERIALS, AND EQUIPMENT
14.01 Water: Water will be available from a city special loading hydrant for construction use for this scope of
work. The Contractor shall contact the City's Water Department (970429 -1981) to arrange inspection and approval of
equipment to transport water from the special loading hydrant to the work site.
15.0 DISPOSAL OF HAZARDOUS MATERIALS:
The disposal of any hazardous materials shall be the sole responsibility of the Contractor.
16.0 SALVAGE:
Stone masonry, concrete, timber and other items removed from the site remains the property of the City unless otherwise
noted in writing by the Owners Representative.
17.0 MATERIAL TESTS AND CERTIFICATES:
17.01 All materials to be incorporated into the Work may be subject to sampling, testing by the Contractor per
Section 5.0 of these Special Conditions, and approval and samples furnished shall be representative of
the material to be used.
•
17.02 Tests required guarding against unsuitable materials or defective workmanship and to demonstrate that
materials comply with the provisions of the Contract Documents shall be paid for by the Contractor.
17.03 The procedures and methods used to sample and test materials shall be as specified or as determined by
the Contract Documents. Unless otherwise specified in these Special Conditions, samples and test shall
be made in accordance with the latest standard methods of ASTM, AWWA, AASHTO, and CDOT's
2005 edition of Standard Specifications for Road and Bridge Construction.
17.04 The Contractor shall furnish at least one copy of test results to the Owners Representative.
17.05 Material Testing: Material testing shall be considered subsidiary to the construction bid items and
shall be at the Contractor's cost.
18.0 MOBILIZATION /DEMOBILIZATION:
Will be measured and paid on a pro - rata basis as explained in the General Conditions of this Contract.
19.0 SUB - EXCAVATION, BACKFILLINC & COMPACTION:
Unsuitable materials are not anticipated within the project limits. However, if encountered, unstable or unsuitable material
shall, at the discretion and direction of the Owners Representative, be removed. Removal of such material shall be to the
depth and horizontal limits specified by the Owners Representative. Any such areas which are over - excavated shall be
filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or
less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub - excavation,
backfill and compaction will be measured by the ton actually installed.
20.0 WAIVER:
It is expressly understood and agreed that any waiver granted by the Owners Representative of any term, provision or
covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of
this Contract. Neither the acceptance of the Work by the Owners Representative nor the payment of all or part of the sum
due the Contractor hereunder, shall constitute a waiver by the Owner Rep. of any claim which the Owners Rep. may have
against the Contractor or otherwise.
21.0 PAYMENTS TO CONTRACTOR:
21.01 The Work quantities recorded by the Contractor on a Daily Construction Log shall serve as the basis for
preparation and justification of the progress payments. Payments to the Contractor shall be prepared on a
Progress Pay Estimate form on account of Unit Price Work based on the number of units actually
installed complete in place and transferred from the Daily Construction Log.
21.02 Progress payments shall be made once each month as the Work progresses, when the Contractor is
performing under the terms of the Contract Documents. Said payments shall be based upon progress
estimates by the Contractor, of the value of work performed and materials placed in accordance with
the Contract Documents and the value of materials on hand in accordance with the General Condition.
22.0 PRECEDENCE OF THE CONTRACT DOCUMENTS:
The order of precedence of Contract Documents shall be as follows:
1. Addenda
2. Drawings, if any
a. Detailed Drawings
b. Standard Drawings
3. Special Conditions
4. Referenced Technical Specifications
6. Contract for Construction
7. Instruction to Bidders
8. Standard General Conditions
23.0 CONTRACT CLOSEOUT:
Upon completion of all punch list item(s) from the final inspection by the Owners Representative and submittal of a fully
executed Claim Release form by the Contractor, the City will advertise twice in the newspaper, and following a Thirty
(30) Consecutive Calendar Day waiting period, and with no verified claim against the Contractor by the City
up until the end of this waiting period, the City will declare the project closed and will release the retainage to the
Contractor. The Project close -out final inspection must be recorded on a final Daily Construction log, signed by the
Owners Representative and the
Contractor and prior to advertisement for closure. No liquidated damages will be imposed past the date of
substantial completion.
24.0 WARRANTY INSPECTION:
At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior to the expiration of the
warranty period under the Maintenance Bond. The Contractor shall provide an authorized representative at such inspection
to represent the Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense at
the direction of the City immediately. Corrective Work shall be commenced within five (5) consecutive calendar days
after written notice to Contractor.
25.0 AS - BUILT PLANS:
The Contractor shall be responsible for delivering to the City (1) Set of Mylars and (1) digital file (AutoCad release 14,
2000 or 2004 up to release 2010) of finally constructed improvements plans and details. Plans must be titled "As- Builts"
and will be provided to the City at no extra cost.