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HomeMy WebLinkAboutresolution.council.044-11 RESOLUTION # 44 (Series of 2011) A RESOLUTION APPROVING AN CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WRC ENGINEERING, INCORPORATED SETTING FORTH THE TERMS AND CONDITIONS REGARDING RIO GRANDE PARK STORMWATER IMPROVEMENTS PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and WRC Engineering, Inc., a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and WRC Engineering, Inc. regarding design for stormwater improvements at Rio Grande Park for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: 9 a/ ichael C. Irela d, 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 July 11, 2011. Kat` n S. Koch, City Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 Ike CITY amen elty 0ttorneY7010ce PROFESSIONAL SERVICES City of Aspen Project No.: Zio 11 - o i .� AGREEMENT made as of ji day of My in the year 2,Q 11_. BETWEEN the City: Contract Amount: The City of Aspen , c/o 130 So Str t $ /IO f7 Aspen, Colorado 81611 Total: .5,3 . p Phone: (970)920 -5055 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 Ei until it has been approved by the City cto ; AM Council of the City of Aspen. paw .' _ l -- City Council Approval: hone:( 8_ . 5 g5 Date: For the Following Project: Resolution No.: , tdc__ psick ek linpwva _- tj`. r xmmts appeuueu anu mane a pat t 01 tnis agreement. Exhibit A: Scope of Work. Exhibit B; Hourly Fee Schedule. The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. 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 June 2012. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed 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. 4. Non - Assignabilitv. 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. 5. 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. 6. 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 earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work 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. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or 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. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. 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 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. (111) 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, 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. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management 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. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non - Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98, pertaining to non - discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 FIB 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: (1) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (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 c 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 ofjob 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 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. 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 4. Recover such value from the offending parties. 18. 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. 19. 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 govemed 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. CITY F ASPEN, COLORADO: PROFESSIONAL: [Signature] [Signature] B Y: ■: ee i , gkal. 1 CIL BY: f /,c n CT . Zcak ame [Name] 1� Title: V ( Title: P, s rote n+ Date: 1 Date: 7- -act: Approved as to form: ey's Office EXHIBIT A Scope of Work 2 Rio Grande Park Stormwater Improvements City Project No. 2011 -046 Introduction The City of Aspen Engineering Department is accepting sealed proposals for professional civil engineering services for stormwater improvements at Rio Grande Park in central Aspen. Consulting services shall include civil engineering and stormwater infrastructure design. The City of Aspen Parks and Recreation Planning Staff will provide landscape architectural services, and City of Aspen Engineering Department Staff will provide public meeting(s) facilitation for the project. The primary goals of the project are to: • Improve and integrate stormwater management facilities into the existing Rio Grande Park infrastructure that are both functional and aesthetic; • Improve stormwater runoff discharge quality from the park into the Roaring Fork River; • Improve flood control capacities of the park. 1)Rio Grande Park (the park) is the City's premiere central public green space with active and passive park uses. The park is also a natural low point between the Roaring Fork River and two of three major drainage basins that drain stormwater from the central core of Aspen and Aspen Mountain, including approximately 25% of the City's impervious area. The Roaring Fork River is a Gold Medal trout stream upstream and downstream of city limits. The City is working diligently and innovatively to incorporate stormwater management techniques into City parks to reduce the impact of the City's stormwater runoff on the river within the City limits. The park has been subject to a great level of park master planning and stormwater management design effort in years past. This proposed scope of work for civil engineering services will complement the park design and stormwater management design work that has been completed to date. The proposed scope of work will be divided into two phases. The two phases of work will correlate with planned construction scheduled for September 2011 and May- August 2012. Background The City of Aspen Parks Department has developed a park master plan that includes a series of stormwater wetland/water quality ponds to improve stormwater flows through Rio Grande Park. The City initiated construction of a portion of the planned stormwater wetland/water quality ponds with in -house design and construction resources starting in March 2011 in association with redevelopment of the park's public outdoor theatre tent venue known as Theatre Aspen. Site construction activities will cease by mid June 2011 and begin again in early September 2011 to maintain an uninterrupted theatre performance season in the park. Stormwater wetland/water U quality pond construction work bein66rfg completed in 2011 is considered "Phase 1" of the stormwater improvements at Rio Grande Park and will be approximately 40% complete by mid June. "Phase 2" of stormwater improvements at the park will be built in 2012 and will include additional stormwater wetlands /water quality ponds to complete the entire stormwater management system envisioned for the park. Scope of Work All work and design for this project shall be done in coordination with existing designs provided by the City of Aspen Parks Department and in accordance with the stormwater management guidelines provided in the City of Aspen Urban Runoff Management Plan, unless otherwise agreed upon by City staff. These supplemental documents are titled Supplements and can be obtained from the City's Purchasing Office or downloaded at http: / /aspenpitkin. com/Departments /Purchasing- City- of- Aspen/Open -B ids -RFPs. Phase 1, Task 1. Evaluation and Analysis of Existing Conditions and Goals for Project There are two major drainage areas that contribute (or can contribute) to the park. The eastern drainage area enters the park via pipe outfall after first flowing through an underground baffled vault which removes litter, debris, oil, and large sediment. The discharge from the vault enters the park in the area of Phase 1. The current design for improvements in Phase 1 routes this flow through a forebay (Pond 1), then into Pond 2 and Pond 3. These ponds are fed by a constant base flow. There is very little capacity for water quality storage volume from a storm event above the constant water surface elevation. The city is seeking assistance in maximizing water quality improvements and storage capacity in these ponds, though the grades as planned cannot change. We anticipate controls needed in orifices or weirs and are interested in infiltration techniques that can be used in conjunction with the wetlands and ponds. A map (Supplement 1) and conceptual plan (Supplement 2) is included with this RFP. Phase 1 discharges into Phase 2, and therefore, design for the two phases will need to be coordinated. The consulting engineer shall: • Review existing conditions, previous engineering analyses, and park master plan drawings to date; • Review hydrologic and hydraulic conditions of the drainage areas contributing to the park; • Become familiar with stormwater infrastructure and wetlands that have been constructed to date and establish an understanding of the overall stormwater wetland/water quality improvements planned for Rio Grande Park; • Evaluate stormwater wetland/water quality management concepts together with site and park use constraints in order to provide additional civil engineering guidance for stormwater management and water quality improvements within the park; and In • Meet with City staff (meeting will include a site visit) to discuss the analyses and evaluate desired outcomes for the project. The City will provide the Consultant with a stormwater master plan document that identifies drainage basin areas, land use and drainage connections; aerial photograph (hard copy); the City's Urban Runoff Management Plan; park geotechnical report; topographic survey of the project area; and park master plan drawings. Deliverables: • Summaries of discussions during meeting(s) and/or phone calls. (email format); • Report describing findings, goals, and conceptual plan. The report shall be submitted as draft form for review by City staff and then in a final form, incorporating comments from City staff review of draft. (.pdf format) Phase 1, Task 2. Design Calculations and Construction Documents Based on the outcomes of Task 1, the consulting engineer will complete a civil infrastructure design, complementing the park master plan and grading design completed to date, for Phase 1 construction anticipated to occur in September 2011. Civil infrastructure design will require determination and design of the following: • The size of the storm event that can be conveyed to the Rio Grande Park, including base flow; • Feasibility of passing the minor and major events and advantages for bypassing these events; • Any additional water quality treatment facilities (if necessary and feasible); • Water quality capture volume receiving treatment and estimated percentage of pollutant removal; • Water surface elevation, hydrology, and hydraulics for the water quality, minor, and major event; and • Location, sizing, and design for any infrastructure needed in completion of Phase 1 construction. Infrastructure may include but is not limited to piping, outfalls, outlet structures (bioengineering solutions), orifices, weirs, spillways and transitions. Please note that there is an existing base flow through the park. Deliverables: • Report explaining the drainage design for Phase 1 construction area with support calculations. The report shall be submitted as draft form for review by City staff and then in a final form, incorporating comments from City staff review of draft. (.pdf format) • Construction design plans and details of civil infrastructure placement within the Phase 1 construction limits at 60 %, 90 %, and 100% design. Each submittal shall address comments from previous reviews. (AutoCAD release 2004 or later version on CD ROM and 24 "x36" plan sheets) 11 • Provision of specific design parameters for bioengineered civil infrastructure Phase 2, Task 1. Phase 2 Civil Infrastructure Design The second drainage area that has potential to enter Rio Grande Park currently flows through the Mill Street stormwater pipe to the Roaring Fork River. The city anticipates diverting a portion of this flow into the westem portion of Rio Grande Park — Phase 2 (refer to Supplement 1). The city envisions an underground pre- treatment vault/system, pumping from this system to the surface of the park, directing flow through surface water quality treatment (such as bioretention areas or channel wetlands), then into wetlands or water quality ponds (combining at this point with flow from Phase 1), and then discharging into the Roaring Fork River. This is a conceptual idea and the City is seeking professional services to change, complement, and/or further develop this plan. The consulting engineer will work closely with City of Aspen Parks Department and Engineering Department staff to fully develop the planned Phase 2 scope of stormwater improvements. Work will include at least two (2) charette style meetings with city staff. Utilizing the design vocabulary established in the park master plan and Phase 1 construction, the consulting engineer will develop a conceptual civil design for Phase 2. This conceptual design should include: • The size of the storm event that can be conveyed to the Rio Grande Park, including base flow; • Feasibility of passing the minor and major events and advantages for bypassing these events; • Flow path through Phase 2; • Water quality treatment methods, volume, and pollutant removal capabilities • Location and estimated sizing of water quality and quantity facilities • Water surface elevation, hydrology, and hydraulics for the water quality, minor, and major event; and • Cost estimates for the conceptual design. After agreement of the conceptual design, staff and consultants will present and discuss the conceptual design in two (2) public meetings and one (1) City Council meeting coordinated by City staff. The consulting engineer will coordinate with City staff for preparation of presentation materials and be responsible for provision of some presentation drawings. The consulting engineer will be required to analyze input from the public and City Council meetings and make recommendations on project direction. The consulting engineer should expect at least three (3) design modification/adjustment efforts as an outcome of City Council and public meetings. Therefore, it should be anticipated that the bullet points above will be repeated, at least partially, three (3) more times. Deliverables: • Summaries of discussions during meeting(s) and/or phone calls. (email format) • Draft Report explaining Phase 2 conceptual design with support calculations. The report shall be submitted as draft form for review by City staff and then in a final draft form, incorporating comments from City staff review of draft. (.pdf format) This final draft will be used as input for public meetings and City Council meeting. • Final Report that incorporates final design modifications after public and Council input. (.pdf format) The Final Report will explain the conceptual design after all modifications have been made and a final conceptual design has been agreed upon. This Final Report shall be submitted in draft form for review by City staff and in final form, incorporating comments from staff review of draft. • Conceptual design plans (5 hard copies (24 "x36" plan sheets) and an electronic copy of each iteration. At least 4 iterations. Plans shall include: - Title sheet, Project Data - Topographic survey with existing utility data - Grading design (to be provided by Parks Department landscape architect) - Typical sections and general notes - Plan and profile (1 " =20' scale) - Preliminary earthwork data - Infrastructure and stormwater management facility location, sizing and details - Trail alignment (to be provided by Parks Department landscape architect) - Landscape design (to be provided by Parks Department landscape architect) Schedule The general project schedule is as follows: (dates are subject to change) May -June: Advertise for Civil Engineering Services June 20: Proposals Due June 22: Offerors will be notified regarding interview selections June 28 — 30: Consultant Interviews July 1: Award Contract Early July: Contract approval/begin Phase 1, Task 1 design work Late July- August: Phase 1, Task 2 work scope Late August: Phase 1, Task 2 deliverables/Phase 2, Task 1 work scope September -Dec: Phase 2, Task 1 work scope, public /City Council meetings April- August 2012: Anticipated Phase 2 construction period Reference and Supporting Documents The following supplemental documents will assist in providing proposals for the project and can be downloaded from http : / /aspenpitkin.com/Departments /Purchasing City of Aspen/Onen - Bids - RFPs Supplement 1 - Rio Grande Park Master Plan — Phase 1, 2011 and Phase 2, 2012 Supplement 2 - Rio Grande Park Master Plan Phase 1 — LA Rendering Supplement 3 - Rio Grande Park/Theatre Aspen Stormwater Plan — L -1, L -2, L -3 Supplement 4 - City of Aspen Surface Drainage Master Plan, 2001 Supplement 5 - City of Aspen Urban Runoff Management Plan, 2010 Supplement 6 - Rio Grande Park Geotech Report, 2003 Supplement 7 - WRC Draft Design Report, 2003 Supplement 8 — WRC Preliminary Analysis Phase 1, 2011 Supplement 9 - Rio Grande Park Survey Data Supplement 10 — Mill Street Rio Grande Place Survey Data 1 A EXHIBIT B Hourly Fee Schedule IC WRC Form 20: 10 /02R CURRENT FEE SCHEDULE (EFFECTIVE DATE 12/22/08) A. PERSONNEL SERVICES RATE/HOUR Principal Engineer $155.00 Senior Associate Principal Engineer $144.00 Associated Principal Engineer $133.00 Senior Water Resources/Hydrologist /Civil Engineer $ 133.00 Senior Design Engineer $116.00 Water Resources/Hydrologist/Civil Engineer -III $106.00 Senior Designer $101.00 Design Engineer -11 $91.00 Water Resources/Hydrologist /Civil Engineer -11 $91.00 Water Resources/I Iydrologist/Civil Engineer -I $86.00 Water Resources/Hydrologist/Civil Engineer $81.00 CAD Technician- III/Designer $81.00 Engineering Technician -1 $75.00 CAD Technician- II/Designer $75.00 CAD Technician -II $73.00 CAD Technician -I $70.00 Draftsperson $64.00 Clerical/Secretary-II $57.00 Clerical/Secretary-I $52.00 B. TRAVEL & TRANSPORTATION EXPENSES Travel Expenses, Lodging and Subsistence At Actual Cost Automobile $0.50/Mile Automobile 4 Wheel Drive Off Road $1.00/Mile C. OTHER REIMBURSABLE EXPENSES Long Distance Telephone and Postage At Actual Cost Filing Fees and Permits At Actual Cost Maps, Reports, and Other Documents At Actual Cost Duplicating 81/2" x 11" & 81/4" x 14" $0.15 /Sheet Duplicating 11" x 17" $0.30 /Sheet Color Prints 81/2" x 11" $1.00 /Sheet Color Prints 11" x 17" $2.00 /Sheet Blueline $0.30 /Square Foot Sepia/Vellum $0.50 /Square Foot Bond/Plotter $1.00 /Square Foot Vellum/Plotter $2.00 /Square Foot Mylar/Plotter $3.00 /Square Foot FAX $0.50 /Sheet Special Supplies At Actual Cost RE,5o.14 44 CHANGE ORDER ? City of Aspen Engineering Department No. ' I PROJECT: IZ-10 6vavat �W !W►pI.OVe jnAr {4.4-S '-A'9169 6 ISSUANCE: obi/� /2 OWNER: City of Aspen V CoA CONTRACTOR: L,, I n �1 1�6�� Project No.I ZUt1 0!-1(l V,//c- ENGINEER: n / n ✓✓✓ l(Q • n• 'Lf. 81/.`i . 8'lavo0 A-cc o(tiu." A (A.444 b w You are directed to make the following changes in the Contract Documents. Description: Add T v iti S6 p c o wo vL— �1 C Y G�o p lvl u�v� 4 io W1 1�51 a� 2:4 rovers e4 umAiz-ws '(u(-ie it,u;dL 1/0 )•�►rt ir1 Purpose o Change Ord : c.ETI_ k/i VKz Op,11„ u 4101•/ p t vwl •/ Y+l o v�- ki &fr A h0�! — S#u1( o 3n( l ales. Attachments: (List documents supporting c ange 0,41 CL¢c,.-r Aloof 13 2012 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ea Original Contract Price: $0.00 ' 3, 0O 0 • Original Contract Time: (1/4. y /'j ZO I/ days or date Previous Change Order No Net Change from previous to No. Change Orders days Contract Price prior to Contract Time prior to this Change Order this Change Order $ 3, 000 .9_ days or date • Net creas (decrease) Net Increase(decrease) of thu ange Order o0 of this Change Order $ 2(aoo . days Contract Price with all Contract.Time with all approved Change Orders �Q rya approved Change Orders days or date RECOMMENDED: APPROVED: _6=2.- APPROVED: APPROVED: by: " by: by: `. Engineer Owner Contractor ENG-309 CO1 krhC Th6 l t,Lel a 74}, 1� u'ju Was appoki ►v.a��( (07, 90 0 . Tht v c- 5-5, 6 60 ,s Wt le k 1-f l .