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HomeMy WebLinkAboutresolution.council.043-13 RESOLUTION #43 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BLUEGREEN AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Rubey Park Remodel Outreach and Schematic Design, between the City of Aspen and Bluegreen, a true and accurate copy of which is attached hereto as Exhibit NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Rubey Park Remodel Outreach and Schematic Design, between the City of Aspen and Bluegreen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 81" day of April 2013. *WARD .� MichaarC. 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, April 8,2013. K ryn S. Koch, City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 PROFESSIONAL SERVICES City of Aspen Project No.: 2013-034. AGREEMENT made as of 8u'day of April,in the year 2013. BETWEEN the City: Contract Amount: The City of Aspen c/o Lynn Rumbaugh 130 South Galena Street Total: $177,500.00 Aspen, Colorado 81611 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 Bluegreen until it has been approved by the City 300 South Spring Street Council of the City of Aspen. Suite 202 City Council A royal: Aspen, Colorado 81611 Phone: 970-429-7499 Date: I Resolution No.: For the Following Project: Rubey Park Remodel—Outreach& Schematic,Design Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 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 October 31, 2013. 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-Assi agn bility_. 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 Agreement Professional Services Page 1 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 con_ducting 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 Agreement Professional Services Page 2 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. (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 Agreement Professional Services Page 3 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 to 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. Agreement Professional Services Page 4 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 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. Agreement Professional Services Page 5 "Public Contract for Services"means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document,Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (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: Agreement Professional Services Page 6 (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. 16. 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 Agreement Professional Services Page 7 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. 17. 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. 18. 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. Agreement Professional Services Page 8 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: SSI P 4�64A zo?�'T V'�'ignature] [ tur j rx — ---1 By. By: iVl �;&7414e/ [Name] Titl Title: G` j� `--L "� - e: Date:_4/to/ Date: 3 Approved as to form: /5'ly Attorney's Office Agreement Professional Services Page 9 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT The project is expected to be broken into the following sections and include the following minimum information as well as a la carte pricing for each section: a. Public Process/Outreach Staff believes that a successful project requires participation and buy-in by the community and key stakeholders. While the goal of the project is to develop physical improvements to Rubey Park, each phase must include meaningful public/stakeholder input to ensure a successful final product. • Plan,prepare materials for, facilitate and report findings for public meetings associated, at a minimum with items b, c and d below. • Plan,prepare materials for, facilitate and report findings for elected official meetings associated, at a minimum with items b, c and d below including, but not limited to meetings with the Aspen City Council, Elected Officials Transportation Committee,Pitkin County and the RFTA Board of Directors. • Identify stakeholders and/or stakeholder groups and provide a plan for engaging them in the project. • Plan,prepare materials for, facilitate and report findings for advisory group meetings including but not limited to Planning&Zoning Commission,Historic Preservation Commission, Commercial Core &Lodging Commission,Aspen Chamber Resort Association, etc. • Prepare, distribute, collect and tabulate results of a bus rider survey, both in English and Spanish. • Based on experience and expertise,propose and prepare/facilitate additional methods for gathering inclusive input such as focus groups, neighbor notices, websites, social media,traveling displays, etc. b. Existing Conditions • Gathering of public, staff and elected official input regarding existing conditions. • Assessment of current routes, schedules and ridership including facility's ability to serve those uses. • Conducting structural analysis of existing building. • Assessment of existing peak hour traffic conditions including traffic volumes, vehicle types,pedestrianibicycle traffic,turning movements, etc. • Assessment of existing passenger activity including boarding and alighting, pedestrian accesses, customer service requests,passenger waiting and queuing, • Assessment of vehicle parking and staging uses including public vehicles and transit vehicles. • Assessment of on-site administrative activities including pass sales, supervisory work,break room activity, etc. • Assessment of on-site security issues both administrative (sales, deposits, staff access)and public (lighting, disturbances, etc.). Agreement Professional Services Page 10 • Assessment of interior facility including existing bathrooms, fixtures,break rooms,waiting areas, amenities, customer service area,public information, information technology, electrical, sustainability features, etc. • Assessment of exterior facility including pedestrian access,way finding,trash, landscaping,public information, lighting,bicycle storage, seating areas, sustainability features, queuing areas, etc. • Analysis of site conditions including surface conditions, sub-surface conditions, grading, drainage,utilities, etc. • Site survey including right of way, easements and horizontal/vertical control. c. Needs Anal • Based on existing uses, future uses,public input and vendor expertise, develop a 20-year usage forecast including ridership,pedestrian access and staffing. • Gather public, staff and elected official input regarding future needs and goals. • Provide summary of recommended exterior needs. • Provide summary of recommended interior needs. • Develop utility plan to be incorporated into schematic design. • Explore sustainability options to be incorporated into schematic design. • Explore historical and/or public art options to be incorporated into schematic design. • Prioritize key recommendations to address the most significant deficiencies. d. Schematic design • Based on existing conditions, needs analysis and public process,provide at least three design options along with opportunities and constraints, estimated costs and construction implications for each option. • Develop site design alternatives to include the following: • landscaping features • pedestrian features • interior waiting area including seating,vending,bathrooms, customer service and administrative • exterior passenger areas including way finding, customer information, seating/shelters,trash, newspaper, queuing, etc. • pedestrian/mode choice features including sidewalks, bicycle racks, bike share station location options, etc. • exterior vehicle parking/staging plan • Working with staff, elected officials and public, develop a preferred schematic design. • Refine selected alternative to schematic design solution including but not limited to: • Floor plans • Site furniture • Landscaping and hard surfaces • Interior and exterior construction • ADA features Agreement Professional Services Page 11 o Amenities e. Administration • Plan,prepare materials for, facilitate and prepare minutes for regularly scheduled staff meetings to include City and RFTA staff. Agendas are to be distributed no later than two days prior to each meeting and minutes are to be distributed no later than two days following each meeting. • Provide lead staff with weekly look ahead schedules and schedule updates. • Provide lead staff with monthly invoices and budgeting reports. • Provide the City with one electronic copy of the PowerPoint presentation, memorandum or other materials associated with each aspect of the project. • Electronic documents must be provided in PDF or Microsoft Office (Word, Excel, PowerPoint)format. • Provide two complete sets of any presentation boards. • Provide 20 hard copies of any materials to be used in elected official or advisory group meetings. f. Final Deliverables • Recommended Design Basis Narrative Report: This document is a written narrative report that describes in detail the design intent, character and quality being proposed. This report should address the aesthetic design objectives for individual elements of the interior and exterior structure, as well as site landscaping,parking, furnishings and public amenities. • Public Process/Outreach Report: Report detailing all public outreach efforts and summarizing resulting input. • Perspective character sketches: Provide sketches or illustrations that best describe the overall character of the site including floor plans,restrooms, administrative areas, customer service areas,parking,pedestrian elements,public amenities,way finding/signage, stairs/ramps/vertical circulation elements and other key project details. • Material sample boards, as appropriate, for items such as colors, materials, etc. • Recommended Next Steps report Agreement Professional Services Page 12 i . d m d March 13, 2013 m N Attn: Lynn Rumbaugh Cc: Rebecca Hodgson City of Aspen " 130 South Galena Street Aspen, Colorado o� �r n m RE: 2013-034 Proposal: Rubey Park Remodel —Outreach and Schematic Design 0 n r Dear Lynn and Selection Committee Members: E The Bluegreen Team is pleased to submit our proposal for Design Consulting Services for CL Outreach and Schematic Design for the Rubey Park Remodel Project. We propose a v0 collaborative approach built upon active listening, comprehensive analysis,fresh 2 a ideas and fun to realize the important redevelopment of this signature public space as N described in the Request for Proposal (RFP). ° Our submission is the product of a talented, local and national team that exercises great interest, experience and enthusiasm for the City of Aspen and the urban fabric and d public spaces that shape the community. We are daily, active participants and users of N these spaces, including Rubey Park, which brings more weight to our process and decisions. The Bluegreen Team has the transportation expertise and design creativity to achieve your goal of providing a vision and alternative scenarios that carefully integrate transportation planning efforts, community ownership and buy-in, economic viability and functional and artful public spaces that respect the historic character of the city. rn c a Our multidisciplinary team is led by Bluegreen and includes Studio B, Fehr& Peers, HNTB and Sopris Engineering. We are passionate experts in urban design, public youtreach, transit center design, transit operations and landscape architectural, $ architectural and engineering design of civic facilities. Our team has extensive experience M with transit, urban plazas and streetscape improvement projects in Aspen, the Roaring Fork Valley and other mountain resort towns. We will work closely with the City staff, elected officials and the community in a collaborative approach, building momentum and consensus to realize the Rubey Park Transit Center Remodel. At the heart of the collaboration are design charrettes, work sessions and public open houses where the consultant team's breadth of expertise will be combined with the knowledge of City staff and input from locals, commuters and visitors. We will engage and listen to the public, staff and stakeholders before designing to ensure proposed solutions represent the values of our community. We understand the importance to preserve and enhance the character of Aspen by reflecting the design and materials of our iconic buildings and public spaces, while forging a new vision that reflects the current values of the community. Our team will deliver high- quality and enduring design solutions, built upon community support, award-winning design and transit expertise that respect the scale and historic context of Aspen.The www.bluegreenaspon.com schematic design will meet the current and future needs of transit parking and staging and drastically improve the exterior and Interior park/transit experience for all users. Amenities for multi-modal transportation and the lifestyles of our users will be carefully integrated for comfort, efficiency and functionality. Our team will also develop sustainable measures through responsible stormwater management,energy efficient solutions, exploring LEED accredited points/requirements and low-water use native and hardy plant materials (more sustainability goals in Scope of Work/Schematic Design). The Bluegreen Team has the local experience and leadership to hit the ground running. We will successfully realize the scope of work within the context of the tried-and-true collaborative approach outlined in this package. To respond to your request and demonstrate our understanding of the project, our submission contains the following: o A profile of the project team, describing our team composition, including roles, firm profiles, resumes and experience of key personal. o Relevant project experience and qualifications to demonstrate our depth of knowledge, expertise and pertinent skill-set to complete the scope of work. We have included similar public projects with successful community engagement and related references. Our financial statement is attached in a separate envelope. o Our proposed scope of work that describes our project approach, tasks, meetings, responsibilities and proposed deliverables to meet the goals of the project. Our goal is to implement our collaborative design process to create a community preferred schematic design for Rubey Park, reflecting the values of the City of Aspen and Pitkin County. o The proposed phasing and schedule to complete the scope of work by October 31, 2013. o A detailed budget for each phase, including billing rates, is included in the costs section of our proposal. Our team is committed to ensuring a successful process and outcome. Please contact Ryan Vugteveen, the project manager, or Sheri Sanzone, the principal-in-charge, at 429 7499 or ryaoftluegreenaspen.com, if you have any questions regarding our submission. We look forward to an opportunity to present our team approach and to participate in a collaborative working relationship with you. Sincerely, Sheri Sanzone Ryan Vugteveen principal-in-charge principal I project manager aicp I asla I pla I IeedAP asia I pla www.bluegreenaspen.com E m C team, summary The Bluegreen Team brings significant transit and public facility design experience and primarily consists of local talent and consultants with expertise in mountain resort towns. Our team includes experts in public process and outreach,transportation planning, architecture, landscape architecture, traffic engineering and civil engineering. Our locals, Including Bluegreen, Studio B and Sopris Engineering, have good working relationships with City Staff and understand the importance and nuances of extensive outreach with the community and elected officials of Aspen. Our national consultants, HNTB and Fehr Peers(Colorado) bring a wealth of knowledge on transit related projects around the country. We have a proven ability to collaborate and build consensus through listening and offering sound solutions to sometimes complex problems. Described below and hereafter is the team composition, Including roles,firm profiles, resumes and experience of key personal. Key team members Identified herein will not be substituted with other personnel or reassigned to another project without the City's approval. bluegreen Sheri Sanzone I principal-in-charge lead + outreach + landscape Ryan Vugteveen I project manager+ principal + lead landscape architect architecture+ planning 300 South Spring Street I Suite 202 Aspen,CO 81611 t 970-429-7499 f 970-429-9499 www.bluegreenasl2en.com sheri @bluegreenaspen.com ryan @bluegreenaspen.com www.bluegreenaspen.com studio b architects Scott Lindenau I principal architecture + outreach Gilbert Sanchez I project manager+ principal 501 Rio Grande Place I Suite 104 Aspen, CO 81611 t 970-920-9428 www.stud iobarch itects.net scott @studiobarchltects.net gilbert @studiobarchitects.net fehr&peers Jon Nepstad I principal +transportation planner transportation planning + Preston Stinger I project manager+transportation engineer transportation engineer + outreach 2180 South 1300 East I Suite 220 Salt Lake City, UT 84106 t 801-463-7600 www.fehrandl2eers.com j.nepstad @fehrandpeers.com p.stinger @fehrandpeers.com hntb Wayne Feuerborn I principal +transportation planner transit planning advisor+ John Dobies I project manager+ transportation engineer transit service advisor+ Rick Strawn I design principal +transit architect transit architecture 7400 West 129th Street I Suite 100 Overland Park, KS 66213 t 913-491-9333 www.hntb.com wfeuerborn@hntb.com jdobies @hntb.com rstrawn @hntb.com sopris engineering Yancy Nichol I principal civil engineering + surveyor Nick Adeh I project manager+ lead civil engineer 502 Main Street I Suite A3 Carbondale, CO 81623 t 970-704-0311 IF 970-704-0313 www.soprisena.com ynichol @sopriseng.com nadeh @sopriseng.com www.bluegreenaspen.com other project team members City of Aspen Transportation Department City of Aspen Engineering Department City of Aspen Parks Department City of Aspen Asset Management Department City of Aspen Community Development Department Pitkin County Public Works and Engineering Departments Roaring Fork Transportation Authority Town of Snowmass Village Transportation Department Refer to scope of work for additional Information on staff roles. Additional members may be discussed at kick-off meeting to ensure all key players are Included. www.bluegreenaspen.com 1 3 a' i< scope of work `0 apps aach The Bluegreen Team will work closely with the City staff, elected officials and the community in a collaborative approach to build momentum and consensus to realize the Rubey Park Transit Center Remodel. At the heart of the collaboration are design charrettes, work sessions and public open houses where the consultant team's breadth of expertise will be combined with the knowledge of the City of Aspen's staff and input from locals, commuters and visitors. We will engage and listen to the public, staff and stakeholders to ensure proposed solutions represent the values of our community. We will use compelling graphics and strategies to retrieve the data and illustrate the opportunities. Our local team has a deep understanding and passion for this urban space. We benefit from it and interact with it on a daily basis and we are inspired with this great opportunity. The Bluegreen Team will build upon the important planning and engineering documents and programs developed by staff including (but not limited to) the Aspen Area Community Plan, Transportation Demand Management program and Urban Runoff Management Plan. Rubey Park is the main transit hub in the City of Aspen and is heavily utilized by locals, commuters and visitors alike. It is a key landmark and directional tool in the urban core. To visitors travelling to from the airport and from other destinations, Rubey Park is often the first experience one has with the historic urban core of Aspen. The heavy-use and deterioration of the building and site require upgrades necessary to improve the experience of existing riders and attract new choice riders (including Aspen visitors). We commend the City for taking a proactive and inclusive approach to re-envision Rubey Park and we are thrilled with the possibility to collaborate and re-create this signature urban space in the Aspen core. The following pages summarize our team's approach to the work plan. Following is a detailed matrix/chart, identifying tasks, deliverables, meetings and roles that provides greater insight into the scope of work. Please refer separately to the schedule section of this proposal for milestones and the proposed dates to achieve them. tivwwEuegreenaspen.com public process!outreach The following summarizes key players, outreach methods and tools. Please refer to the matrix for more detailed tasks, meetings, deliverables and responsibilities per phase. Players We assume the following players will be involved in this process: Project Team—Transportation Department(TD), Engineering Department (ED), Parks Department(PD), Asset Management Department(AMD), Community Development Department(CDD), RFTA Project Development(RFTA), RFTA Operations (RFTA), Pitkin County Public Works and Engineering Departments (PCPW),Town of Snowmass Village Transportation Department(TOSV). Elected Officials—City Council, Pitkin County Board of Commissioners, Elected Officials Transportation Committee, RFTA Board of Directors. As owner of the Rubey Park, City Council will be engaged as the final decision maker regarding project direction and approval. Advisory Team—comprised of one to two representatives each from City Council, Pitkin County Board of Commissioners, Elected Officials Transportation Committee, RFTA Board of Directors, Planning &Zoning Commission, Historic Preservation Commission, Commercial Core&Lodging Commission,and Aspen Chamber Resort Association; and other identified key stakeholder groups. Stakeholder Groups—neighboring property and business owners and operators including, but not limited to: CP Burger, McDonalds, Belly Up Aspen, Mountain Chalet,Victoria's, Roots,the Hyatt,T-Shirt Man; RFTA drivers and staff, hotel and lodge property managers and van drivers, UPS and FedEx delivery drivers; Airport Operations, Aspen Police and Pitkin County Sheriff Departments; Rubey Park maintenance providers, We-cycle provider, including Parks Department staff, RFTA maintenance staff; users of Rubey Park pedestrian and cyclist areas including, but not limited to: general Aspen pedestrians and cyclists passing through, local and commuters,transit city service and regional riders, guest transit riders, visitors; non-users of Rubey Park, including but not limited to: choice riders. The list of stakeholders can be comprehensive and lengthy and the Bluegreen Team expects that the list will be refined by the Project Team to prioritize outreach and to target specific stakeholder groups. Outreach Methods &Tools Our team will work with staff to further refine the preferred and focused methods to achieve the goals and objectives for the project. We will consolidate these methods and meetings when possible to reach the larger audience and to be as inclusive and efficient as possible in the given timeframe to complete the work. Public Charrette/Open Houses and Previews—three (3)to be held during the process, occur on same day immediately following advisory team meetings and concurrent with focus group work meetings. We will have a separate interactive Open House Preview just before the public portion to engage and update Elected Officials in advance. We will explore the idea of holding the open house directly on site to obtain real-time feedback and promote interaction. City staff will assist the Bluegreen Team in obtaining and documenting valuable feedback from the public and elected officials. Focus Group Work Meetings—small group facilitated discussions held during the public open houses, allows for in-depth inquiry and input. City staff will assist the Bluegreen Team in obtaining and documenting valuable feedback from the small group discussions. We will include Bus Rider Surveys—conducted/formatted in both English and Spanish which could be combined with RFTA survey needs and/or collected information regarding origin and destination information. wvn,J.b'uegreenaspen.com COA Website/Social Media—leveraging existing media outlets with the City of Aspen (and potentially other participating jurisdictions/stakeholders), project information prepared by the Bluegreen Team will be provided to the Transportation Department for dissemination to the various outlets. We will use this outlet to reach elected officials,the advisory team and stakeholders. The web page will serve as place for the public to view all public information. Newspaper Articles—to build awareness of the project and the upcoming public charrette/open houses the Bluegreen Team will provide project information to the Transportation Department for dissemination to local journalists from Aspen Times,Aspen Daily News, Snowmass Sun and Aspen Public Radio to reach all groups. We have performed these tasks many times and have the contacts and kits to efficiently engage the media. Targeted Outreach—to reach specific stakeholders or stakeholder groups, determined on an as needed basis, we could provide neighbor notices prepared by the Bluegreen Team and placed door-to-door by City staff or one-on-one interviews conducted by the Bluegreen Team. Bus Rider Survey—will be provided in English and Spanish (Spanish translator provided by F&P) and will be distributed physically and virtually to obtain non- scientific data with targeted questions for the existing users of Rubey Park.This may be combined with RFTA survey needs and/or collected information regarding origin and destination information. Periodic Informational Memorandums to City Council—packets and presentations will be provided during work sessions with elected officials. This will be led by respective City staff and with support by the Bluegreen Team. Dates to be determined with City staff at kick-off meeting, but we anticipate monthly reviews with key Elected Officials. Advisory Team Meetings—to be held during the process, occurring the day of public charrette/open houses. Virtual Workspace—available throughout process for the Project Team and Advisory Group providing a digital location to view project materials, provide comment and have discussions. Project Team Meetings—regular-working meetings to include virtual workspace. These are anticipated to be held bi-weekly or on an as-needed basis. existing conditions Gathering comprehensive base data and engaging elected officials, stakeholders and the general public is critical before proposing any fundamental design solutions. Our team will prepare existing conditions analysis that carefully looks at current routes, schedules, ridership and peak traffic of motorized and non- motorized transportation. We will observe and engage staff, locals, commuters and visitors to understand behaviors and identify deficiencies in the building and site. The first public meeting will focus on understanding these items in order create baseline data for analysis. We will request any recent traffic data from the City, including any calculations from Gondola Plaza and other relevant data. We will request the Parks Department to develop a Tree Report to determine tree health and ensure that any efforts to save trees are founded and viable. Please refer to the matrix for detailed tasks, meetings, deliverables and responsibilities per phase. ww,.�i.b',uegreenaspen.com needs analysis Building momentum from the first public open house and other outreach methods, our team will comprehensively analyze the future needs, opportunities and constraints of Rubey Park. We will gather public, staff and elected official input at a public open house by discussing future needs and goals, exterior and interior needs, sustainability, art opportunities, historical interpretation and highlight the most significant deficiencies. This data will be carefully illustrated and communicated to ensure clear project understanding and feedback. This qualitative data will be used to develop schematic design options. Please refer to the matrix for detailed tasks, meetings, deliverables and responsibilities per phase. schematic design Building momentum from the second public open house and other outreach methods, our team will comprehensively develop draft schematic plans for review at the last public open house anticipated for this effort. Our schematic design options will represent the character and values of the community by creating a world-class urban space for Aspen's central transit hub. The schematic design options will meet the current and future needs of transit parking and staging and drastically improve the exterior and interior park/transit experience for locals, commuters,visitors and staff. Amenities of bike racks, ski racks, lighting, seating, signage, wayfinding, hardscape, softscape, art and other elements will be carefully integrated for comfort, efficiency and functionality. Our team will also integrate sustainable measures through responsible stormwater management, energy efficient solutions, exploring LEED accredited points/requirements, low-water use native and hardy plant materials, preserving existing elements when appropriate, reusing materials, careful deconstruction methods, limiting hardscape while meeting functional needs, designing appropriately for solar aspect, using digital deliverables, designing for endurance and durability, etc. We will explore funding opportunities such as public and private funding, grants and other options to help pay for future improvements. Our award-winning design team will provide 3 options and a preferred option that will create a unique, comfortable and functional urban amenity that reflects the current values of Aspen. Please refer to the matrix for detailed tasks, meetings, deliverables and responsibilities per phase. administration Communication is key and our responsive team is prepared to create a process that is efficient, informative, concise and consistent. We will work with you to establish the right protocol to ensure our lines of communication meet your needs and the needs of the project. We will utilize tools, such as virtual workspace and the City Website to communicate key data and transmit working documents. Please refer to the matrix for detailed tasks, meetings, deliverables and responsibilities per phase. www.bluegreenaspen.com final deliverables Our team prides ourselves in providing comprehensive, high quality and legible deliverables. Concluding all of the fun and hard work to complete the public process, existing conditions, needs analysis and the schematic design phases, we will summarize and compile the process into a thorough, yet concise Design Basis Narrative Report. The final report will provide the following chapters and attachments: 1. Introduction 2. Public Outreach 3. Existing Conditions 4. Needs Analysis 5. Schematic Design 6. Recommendations/Action Plan 7. Attachments a. Bus Rider Surveys (F&P/HNTB) b. Existing Site Conditions Analysis Diagram(s) (BG) c. Existing Architectural Conditions Analysis Diagram(s) (SB) d. Traffic, Bicyclist and Pedestrian Existing Conditions Analysis (F&P) e. Transit/Rider Existing Conditions Analysis (F&P/HNTB) f. Site Program Analysis Diagram(s) (BG) g. Architectural Program Analysis Diagram(s) (SB) h. Traffic, Bicyclist and Pedestrian Projections Analysis (F&P) i. Transit/Rider Projections Analysis (F&P/HNTB) j. Utility Plan(s) (SE) k. Site Plan(s) (BG) I. Architectural Floor Plans and Elevations (SB) m. Perspective Illustrations (BG/SB) n. Architectural Character/ Materials(SB) o. Site Character/Amenities/Materials (BG) agency sourced data The following items reflect current data we anticipate will be provided by the City, unless otherwise noted. Our team has some of this information, but will want to ensure we have the most up-to-date data provided by the City, Pitkin County and RFTA. • Traffic counts at key intersections and roadways (if available, otherwise F&P will collect). • Bus specifications: makes and models of entire fleet including VelociRFTA, future potential (or not)for articulated buses or special fuel. • Passenger data: ridership numbers, passenger survey results, seasonal visitor data, numbers of bikes and wheelchairs on buses (we will have a new, separate bus rider survey specific to Rubey Park). • Station amenities: particularly those requiring electricity, plumbing, solar. • Route reliability data. • Lay-over times at Rubey Park. • Prevalence of special events creating unusually high passenger loads. • Snow and landscape maintenance procedures at stations. • A master schedule - all routes with various headways coming and going using Rubey Park. F&P is prepared to calculate the bus traffic unless RFTA can this data. www.bluegreenaspen.co!n ti a k t ,ora w schedule w uvr approach The Bluegreen Team proposes a project schedule that begins April 1, 2013 with a completion date of October 31, 2013. Following is a summarized schedule to achieve the milestone tasks outlined in the scope of work matrix. All dates are to be refined and reviewed with City staff at the beginning of the project and throughout the process. A detailed working schedule will be developed following the kick-off meeting. Periodic Informational Memorandums(assumed monthly)—packets and presentations will be provided during work sessions with elected officials. This will be led by respective City staff and with support by the Bluegreen Team. Actual dates to be determined with City Staff at kick-off meeting. www.bluegreenaspen.com March 25, 2013 �r Lynn Rumbaugh c/o Rebecca Hodgson City of Aspen Purchasing Department 130 S. Galena Street Aspen, CO 81611 �r RE: Rubey Park Remodel I Outreach &Schematic Design_ Response to Supplemental Questions o , Dear Lynn and Selection Committee Members: C 0 e, a, o The Bluegreen Team is pleased to submit our response to supplemental questions received and discussed during our second interview. This response serves to amend our proposal dated March 13, 2013. � Q Cost of Proposal versus City Staff Involvement The Bluegreen Team reduced the total cost of our proposal to $177,500, including fees and expenses. Efficiencies were found in reducing overlapping staff hours, travel, and traffic counts staffing. These reductions were achieved without reducing the scopes of work for existing conditions, public process/outreach, or schematic design. public process/outreach $32,500 existing conditions $25,000 needs analysis $25,000 schematic design $62,500 administration $12,500 final deliverables $5,000 expenses $15,000 p. 1 of 2 www.bluegreenaspen.com In addition, assumptions for the use of staff time to complete components of the scope of work—in particular, door-to-door notice distribution and rider surveys—have been removed. These components will be completed by the Bluegreen Team within the fees and expenses described above. Flexibility in Sopris Engineering Team Member The Bluegreen Team will substitute Sopris Engineering staff member, preferably Jesse Swann if his workload allows project participation. Role of Project Advisors The Bluegreen Team proposes the use of advisors—representatives from the various city boards described in the proposal—to participate with stakeholders in focus group meetings organized around specific issues or interests. The representatives do not need to be the same from each board. In addition, the Bluegreen Team will prepare for and participate in a joint Planning and Zoning Commission/Historic Preservation Commission worksession to review the schematic design options and make a recommendation to City Council. The Bluegreen Team will prepare for and participate in City Council meeting(s) to review and approve the preferred design solution. The outreach plan presented in our proposal is intended to be flexible so that the staff and consultant teams can best respond to project outreach needs, such as meetings with potential project funders, ie: the RFTA Board of Directors. The Outreach Process diagram discussed during the second interview is attached for reference. Our team is committed to ensuring a successful process and outcome. Please contact Ryan Vugteveen, the project manager, or Sheri Sanzone, the principal-in-charge, at 429 7499 or ryan(&bluegreenaspen.com, if you have any additional questions regarding our response. We look forward to a collaborative working relationship with you. Sincerely, Sheri Sanzone Ryan Vugteveen principal-in-charge principal I project manager aicp I asla I pla I IeedAP asia I pla p.2 of 9 www.bluegreenaspen.corn 'H1'G cc�G Ae-F-A- NNI CD C pod" rn e qf� pslpG�P77o� COVNGILa� lob do 0 D U7`�aht�s flYo�. (s ,�auk �RoUPL� .� Ptz Armwe, APpucANT NN4C, PW4FP7ION outreach process °1Ye9fe1" NO—1h ""°'° "'°° °' ""'"'°°"'°°°""°°'°'°" rubey park remodel outreach and schematic design z°� EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule Public process/outreach $32,500 Existing conditions $25,000 Needs analysis $25,000 Schematic design $62,500 Administration $12,500 Final Deliverables $ 5,000 Expenses $15,000 Total $177, 500 Additional work outside of the original Scope has been billed at the following hourly rates: Bluegreen Principal $125 - $180 Landscape architect $75 - $100 Support staff $65 - $75 Studio B Design principal $225 Principal $190 Associate $170 Fehr&Peers Principal $200 Project manager $130 Transportation engineer $130-140 HNTB Planner advisor $230-$260 Service advisor $230-$260 Architect advisor $230-$260 Sopris Engineering_ Principal $190 Project manager $120 Project engineer(P.E.), survey manager(L.S.) $110 Design/field engineer, survey supervisor $90 Technician, field observer,party chief $80 Technical typist, clerical $50 Three-man survey crew $170 Two-man survey crew $140 Agreement Professional Services Page 13 Sopris engineering robotic survey crew $140 Sopris engineering GPS survey crew $150 Agreement Professional Services Page 14