HomeMy WebLinkAboutresolution.council.084-01 RESOLUTION #84
(Series of 2001)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND SCHLUMBERGER, SETTING FORTH THE
TERMS AND CONDITIONS REGARDING THE PURCHASE OF GARAGE
REVENUE CONTROL AND OPERATING EQUIPMENT 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., a copy of which contract is annexed
hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the city of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Schlumberger regarding the purchase
of garage revenue control and operating equipment, 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: ~ ~ ~
'- l~an~l~rud7 ~layo--~
/ fe n/Kali
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, ata~~~~
gr~ . o h, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Schlumberger (~'Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
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 cam and the orderly progress of the Work in a timely
manner. The parties anticipate that all work l~ursuant to this agreement shall be completed no later
than November 1, 2001. 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 a~lowances 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 eanse, be exceeded by the Professional.
2. Payment. In consideration of the work performed, City shall pay Professional
$155,000. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered ~ncorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional% billing, the City
understanding of the disposition of the issue. Professional's invoice shall be for the period ending
the 25th day of each month. The invoice should be received by the City's project engineer no later
than the 1st of each month.
3. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be
liable for payment of any sums due which may be due to any sub-contractor.
4. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the tennination. 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 o~ other material prepared by the Professional 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-offuntil such time as the exact amount of damages due the City fi.om the Professional may be
determined.
5. Covenant A~ainst Contingent F~es. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, girls or
any other consideration contingent upon or resulting fi.om the award or making of this contract.
6. 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 b~, 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 olaly 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 fi.om City to the employees, agents or
servants of Profeasional. Professional shall b$ 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 indenmify 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
nnposed 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 s~rvices
agreed to herein.
7. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insuragce pool, fi.om and against all liability,, on account of
injury, loss, or damage, including bodily inj~y, personal injury, sickness, disease, death, property
loss or damage, if such injury, loss, or damage is caused by the negligent act, error, or mission of
the Professional.
8. Professional's Insurance. (a) l~rofessional agrees to procure and maintain, at its own
expense, a policy or policies of insurance suffieienl to insure against all liability, and other
obligations assumed by the Professional pursuant to Section 7 above. Such insurance shall be in
addition to uny other insurance requirements imposed by this contract or by law. The Professional
shall not be relieved of any liability, or other obligations assumed pursuant to Section 5 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 uny subcontractor of the
Professional to procure and maintain, the minimum insurance coverage's listed below. Such
coverage's shall be procured and maintained with/brms and insurance acceptable to the City. All
coverage's shall be continuously maintained to cover all liability, 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) Workmen's 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 Workmen's Compensation requirements of this paragraph.
(ii) Commercial General £iability 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 ~everability of interests provision.
(iii) Comprehensive Automobile Liability insurance with rmnimum 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 ab_all be endorsed to include the City and the City's
officers and employees as additional insured except for workers' compensation and professional
liability coverage's. Every policy required above shall be primary insurance and any insurance
carded by the City, its officers or employees, ~r carded by or provided through any ~nsurance pool
of the City, shall be excess and not contribtgory insurance to that provided by Professional. No
additional insured endorsement to the policy fequired 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 fome 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 cancelled, 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 fight to request a~d receive a certified copy of any insurance certificate
and any endorsement thereto. Under circumstances whereby the policy does not become a public
document and the City guarantees its confideqtiality.
(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.
9. CitVs 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 no~iee of any changes in its membership or participation
in CIRSA.
10. 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.
11. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
Stephen H. Barwick, City Manager George Levy
City of Aspen Schlumberger
130 South Galena Street 1601 Schlumberger Drive
Aspen, Colorado 81611 Moorestwon, NJ.
12. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affecfional or sexual orientatioia, 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.
13. .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 performe, fl bY Professional to which the same may apply and,
until complete performance by Professional pf said term, covenant or condition, the City shall be
entitled to invoke any remedy available to ~t under this Agreement or by law despite any such
forbearance or indulgence. Any waiver by ~ Professional does not operate as a waiver to a
subsequent breach.
14. 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 Ma~yor 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.
15. 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
unenfomeable 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 ~e 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 hereinalter written.
ATTESTRD ]8'Y': CITY OF ASPEN, COLORADO:
AI~]~O'V~D AS TO FORM BY ..........
E8 Bg~d ~BD~B~Wg]HOS 3ZI~8E99B ~t, :9I ~00~/'EE/80
Aug-15-01 03:27P
City Of Asoen
Project: Parking Garage Revenue Control Equipment Replacement
Ontion D: Ticke & Access Card System with Crodit Card In ! O~'l' and Pay on Fqo~ units
Item ~p~ P~
Sys~cm Fl~xio ~k~g ~enue C~ol ~d ~gemem
wi~h ~m~cr. ~c $~ Ca~ R~: 2 linc
alp~t~c~ display; V~ m~ulc, I~c
im~l~ks ~. A~ts C~t
XS l(X~ Exil Tcnnim~l iuch~ing Mag-Sl6~ R~
Voi~
XB 100 Bfl~c~ C~IC with
XB IO0-I:A
XM li~} F~ C~mpu~r ~t Ca~ Station incl~ng Mag-
s~ fleet ~li~or re~er/enc~p~l~¥,
Auto Pay on Fool Unil
/ Eo~cr to ~pt ti~; ~ymcm by coins (4).
Bills (4) ~ Cr~it C~r&: Change retunt~
~ an~ ~xc bill ~nominmion: I~qa~ ~ip~s
and ~aa~ last ticke~: ioctudcs roi< m~ule
XG3{gINq' ~t~ing Facili(v Ma~cnxet~ sy~cal ~luding
with key~r~ moMt~, ~u~; 2 ~D, Raid
mirm~ng ~stem ~c:Ti~kct Validalot/Enc~r
Prints: Log pfialet: l~effa~ ~t: ~eipl ~1~;
g'[' ~sed F~x~ M~g~ ~re for
Con~l ~ CaM Ma~mem
T~ial (C~up A. including~o lot ~11 si~s) $126.535
Tick,s Blank P~ fickcls wjlh ~nt~ ~eac ~i~ 13~0
Fickets ~e faa fold~ ;l~d ~
C~). Cu~om p~fi~g ~lh logo a~ lexl
Pfint~ rolls fo [ncl~ed
Inhalation C~Iclc insmllatiou ~em (Plea~ ~cr 24 I)O0
Training 2 ~y~ on4ite I~ning ~ ~yat~l o~rafion
a) ~ oF inmllafion i~ ~1 ~ ~nles ~ ~nd~ts for low vollage ~ ~ds cables. E~g
conduits m~ ~bl~ may ~ u~.
P~e d~ not i~l~e ~ voltage ( 116 V ~W~ ~s[~uli~: All I
Pfic~ d~s ~1 i~lu~ ~ ~ / ~osm~ic work. ff ~ai~.
d) T~ning: Addifio~l I~inin~ if re~rc~ wi~ ~ offe~ at $ 4~ ~r ~y ph~ l~vel m~ I~gmg ex,rises
bill~ al aclu;ds
Olmtion D; Ticket ~_ &¢cess Card System with Credit Card In ! OUT ~nd Pay o_n Fool ,~nits
(continued)
¢) Price don rsot include renting / use of any special material ha~infi ~uipm~u. if needed Ibr It~vy
~uipn~at like Pay ~ F~ umt ~d on final d~ision rc~ing I~liou offl~
~ indo~ r~nov~ of ~isliag ~i ~ I~g ov~ ~ ~slom~ ~
g) Pri~ i~Mudes 1 year ~a~ on aU ~mem ~ ~ ~e ~d le~s a~ conditions
h) P~m do~ not i~u~ a~limble lax~
~ d{~ ~ i~l~ e~m r~r ~m ~ ~ the C~' of ~n (a~limble ~qts xlill ~ bill~ at
In ~cmg ~te work ~ ~ve rode ~ asmm~ lh~l thee t~ nO m~lions ~l would restricl
dhlling :,mi placing Ihslcm~ fl~ ~e ~i~fi~g m~mte ~ck.
88-15-81 15:27 TO:CITY PARKING FROM: POS
MEMORANDUM ~ b
TO: Mayor and Council
THRU: Steve Barwick, City Manager
Randy Ready, Assistant City Manager t3TM
Tim Ware, Parking Director
FROM: Blake Fitch, Parking Garage Manager
DATE:. August 22, 2001
RE: Contract and Supplemental Budget Request for Parking Garage Revenue Control
Equipment Replacement Project # 2001-031
SUMMARY: Parking garage staff would like to enter into an equipment replacement contract
between the Rio Grande Parking Plaza and Schlumberger, in the amount of $155,000.00 for the
replacement of the parking garage revenue control equipment and two (2) pay-on-foot stations.
City Council approval of this item on the August 27 Consent Calendar will authorize approval of
the supply procurement contract and a $41,000 supplemental budget appropriation from Parking
Garage fund balance.
BACKGROUND: The current revenue control equipment at the Rio Grande Parking Plaza has
reached its useful life expectancy limit and is scheduled to be replaced in the year 2001 Asset
Management Plan. These items include ticket spitters, access gates, fee register, system server
and the addition of two pay-on-foot stations.
DISCUSSION: The current revenue control equipment has reached its useful life span. The
equipment is breaking down more frequently and is becoming more costly to repair due to the
scarcity of replacement parts. Most all of the components needed to make repairs to the
equipment are now rebuilt components. When replacement components are not readily available
the faulty component must be sent to the manufacturer to be rebuilt. In most cases it takes several
· weeks for the item to be repaired and returned to the facility resulting in that piece of equipment
being out of service for long periods of time. Replacing these items Will result in smoother
operations at the parking facility and give patrons more payment options including the ability to
pay by credit card.
In addition to replacing the current components as listed above, staff feels that the addition of
two pay-on-foot stations would give patrons even more payment options. Patrons will also have
the ability to purchase 1 O-Day Discount Passes and renew Monthly Passes more conveniently
using magnetic stripe cards.
The bid for this equipment asked vendors to provide pricing for one (1) pay-on-foot machine just
to give us an idea of pricing for the unit. The bid that we are recommending gave us a one time
price of $25,000 per machine that staff feels should be taken advantage of.
1
With the addition of the pay-on-foot stations, payment could be made before patrons returned to
their vehicles, giving them the option to exit the facility through the express lane that is currently
only for use by monthly pass holders. The pay-on-foot stations will accept Visa, MasterCard,
corns and bills. The exit gates will accept monthly passes, 10-day discount passes, pre-paid exit
tickets purchased at the Pay-On-Foot stations and credit cards. This will help reduce congestion
at the exit lanes during peak hours and for special events. The addition of the Pay-on-Foot
stations will also give the parking facility the ability to become a 24-hour/7 day a week operation
with lower personnel costs over time.
FINANCIAL IMPLICATIONS: The total bid price for the above work is $155,000.00. A total
of $114,733.00 is available in the "2001" budget for this project. A one time supplemental for an
additional $41,000.00 from the parking garage fund balance is being requested. After the one-
year warranty period expires, maintenance will be done on a time and materials basis using funds
from the existing parking garage maintenance account.
In replacing the current equipment with the system listed above the parking facility is predicting
a substantial savings in materials, printing and shipping costs. This new equipment has the ability
to create special event passes, discount passes and night owl passes on the magnetic stripe of the
standard ticket stock used by these machines, thus eliminating the need to purchase these items
from outside sources. This system along with the additional pay-on-foot stations, also has the
ability to collect parking fees when the attendant is away from the booth. Estimated savings (very
conservatively estimated at today's costs and fee levels) are as follows:
New eqmpment using current collections methods
· Annual saving for materials $ 4,000.00
· Annual saving for maintenance $ 3,500.00
· Annual collections for miscalculated fees $ 780.00
Total Savings $ 8,280.00/yr
New equipment with pay-on-foot Stations
· Annual saving for materials $ 4,000.00
· Annual saving for maintenance $ 3,500.00
· Annual collections for miscalculated fees $ 780.00
· Collections during snow removal $ 1,500.00
Total Savings $ 9,780.00/yr
New equipment with pay-on-foot stations operating 24-hour/7 days a week
· Annual saving for materials $ 4,000.00
· Annual saving for maintenance $ 3,500.00
· Annual collections for miscalculated fees $ 780.00
· Collections during snow removal $ 1,500.00
· 100% collection of night/weekend revenues $ 1,300.00
Total Savings $11,080.00/yr
Once garage patrons are fully accustomed to the pay-on-foot system, or in the event that the
parking department were to move into the space currently occupied be Aspen Central
Reservations, the garage could be nm by 3 full time employees instead of the current 4 full time
employees with the additional pay-on-foot stations.
Additional Potential Savings $30,000,00+/yr
2
Therefore, replacement of the current revenue control equipment with the proposed system will
result in over $400,000 in operational savings and recovered revenue over the ten-year life of the
equipment.
RECOMMENDATION: It is the recommendation ofstaffthat we take advantage ofthis
opportunity and approve all components of this bid in order to decrease operating costs, improve
customer service, and increase the revenue collection at the parking facility.
ALTERNATIVES: Council could approve only replacement of the base equipment for the
originally-budgeted amount, and eliminate the pay-on-foot stations from the contract. These units
could be installed at a later time at a much higher cost, if desired.
PROPOSED MOTION: "I move to authorize approval of the contract for Project #2001-031,
Resolution # 84-2001 along with the $41,000 supplemental budget appropriation requested from
parking garage fund balance."
CITY MANAGER COMMENTS:
f