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HomeMy WebLinkAboutresolution.council.018-03A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO. APPROVING A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND SCHMUESER GORDON MEYER, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council a Professional Service Agreement between the City of Aspen. Colorado and Schmueser Gordon Meyer, a copy of which is mmexed hereto and part thereof. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that a Professional Service Agreement between the City of Aspen, Colorado, and Schmueser Gordon Meyer, regarding The Infrastructure Design Services for Burlingame Ranch, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager ro execute said Agreement on behalf of the City of Aspen. Dated: , 2003. Helen Kalin l, Kathryn 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 Colorado. at a meeting held~ ~ , 2003. of the CityofAspen, 'Kathr3;n S. ~f~h, City Clerk MEMORANDUM ATTACHMENT "A" Contract for Professional Services MEMORANDUM ATTACHMENT "B" Approved Burlingame Ranch Infrastructure Schedule MEMORANDUM TO: Mayor Helen Kalin Klandemd end Aspen City Council FROM: Michelle Boafils, City of Aspen Project Menager DATE: Jenuary 13, 2003 RE: REVISED Burlingame Ranch Tentative Project Schedule - access infrastructure initiated BACKGROUND On Jenuary 6, 2003, City Council directed Staff to proceed advertising for (access) Infrastructure Design Services to Burlingame Rench. Council requested staffpmvide Council with a revised project schedule. PROJECT SCHEDULE · COWOP Task Force Team revisions to Lend Use & Development Plan 2 mtgs Jan 8 &22, 2003 · Advertise for access Infrastructure Design Services 2 mtgs Jan 13 - 24, 2003 · COWOP recommendation to APCHA Board~ 2 wks Feb 5, 2003 · Staff recommendation to CC on access Infrastructure Design Services contract Feb 17, 2003 · COWOP recommendation for approval to City Council 2 wks Feb 17, 2003 · Infrastructure Design Work initiated 4 mos Feb - May 2003 · Advertise for additional Development Proposals 6 wks Feb 18-Mar 31 · Short list of Development Proposals 2 wks April 11, 2003 · Selection of 3-5 Development Teams based on Staff end/or Selection 2 wks Apr 28, 2003 Committee's recommendation · Staff end Selection Committee Development Team recommendatiOn to CC 1 wk MaY 5, 2003 · Infrastructure Design Work to be completed May 5, 2003 · Advertise for Construction of access Infrastructure 2 wks May 12-23, 2003 · City Council approves and contracts 3-5 Development Teams to compete 2 wks May 19, 2003 In Design/Build Competition (develop Conceptual Plen) · Staff recommendation to CC on Infrastructure Construction contract 2 wks June 2, 2003 · Break Ground on access Infrastructure 1 wk June 9, 2003 · Development Teams engage in Design/BUild Competition 1 mos June 13, 2003 · Development Teams present Design/BUild Competition products to City 1 wk June 20, 2003 Council, Staff and Selection committee. · Staff & Selection Committee make recommendation to City Council. 1.5 wks July 2, 2003 · City Council selects Team and awards Contract through resolution 1 wks July 7, 2003 Presentattons to the ~tPCHA Board requested by Tim Semrau, Board Chair. MEMORANDUM · Asset Staff drafts contract for selected Development Team, CC approves 2 wks July 21, 2003 · Design documents for Phase I (interior infrastructure and 110 units) 6 mo.s Dec 31, 2003 · Presentation of Design Document to ApCHA Board2 2 wks Jan 5, 2004 · Presentation of Design Documents to City Council for approval 2 wks Jan 19, 2004 · Access Infrastructure construction complete 1 yr June 30, 2004 · Construction documents for Phase I (interior infrastructure and 110 units) 6 mo. July 30, 2004 · Break ground/Construction Interior Infrastructure 1 yr July 1, 2005 · Construction Phase I (110 units - some RO Lots) 6 mo. Dec 31, 2005 AGREEMENT FOR PROFESSIONAL 'SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Schmueser Gordon Meyer, ("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. 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 August 29, 2003. Upon request of the City, Professional shall submit, for the Ci~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 oft/me required by the City's project engineer for review and approval of submissions and for approvals of anthotities 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 rotes 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 $230,000.00 . Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. 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. 5. Termination. The Professional or the City may tenninate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the othe~ party, specifying the effective date of the termination. No fees shall be earned after the effective date of the PS1-971.doc Page 1 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 fi.om the Professional may be determined. 6. Covenant Against Contingent Fees. 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 from the award or making of this contract. 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 perfonnance 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, fi.om and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising fi'om 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 subcontract°r 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 ~'~ 1-971 .doc Page 2 defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgnaent 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 ail 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 repo~ting 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 MB. ZION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and nomowned 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 PSl-971,doc Page 3 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 carded by or prodded through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rightS, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or othenvise available to City, its officers, Or its employees. 10. Cites 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 CICA 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 cnlSA. ~1-971.doc Page 4 City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 1 I. 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 to the respective persons and/or addresses listed below or mailed by certified mail remm receipt requested, to: City: Professional: Steve Barwick, City Manager Schmueser Gordon Meyer City of Aspen 130 South Galena Street P.O. Box 2155 Aspen, Colorado 81611 Aspen, Colorado 81612 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 tenn. 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. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. ~l-971.doc Page 5 16. 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 fi.om time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] ~ 1-971.doc Page 6 FEB. 18.200B 10:11~M ~SPEM HOUSIMG OFC -" M0.1~1 P.6 ATTESTED BY: CITY OF ASPEN, COLORADO: PI~OF~SSIONAL: PSIS7 hdoc Pa~ 7 EXHIBIT "A" to Professional Services Agreement Scope of Work PS1-971.doc Page 8 REQUEST for PROPOSALS to provide INFRASTRUCTURE DESIGN SERVICES for the CITY of ASPEN Aspen, Colorado GENERAL INFORMATION TO PROPOSERS I. INTRODUCTION A. Property Owners The property owners of this project are the City of Aspen (represented by the City Asset Management Department) and Bar/X Ranch, LLC (represented by Bar/X Ranch, LLC. consultants). B. Project The project will be known as "Burlingame Ranch." The subject property is located northeast of Colorado Highway 82 and south of Maroon Creek. Total size of the property is 219 acres. The pre-annexation agreement brings the entire 219 acres under an Affordable Housing/Planned Unit Development (AH/PUD) zoned district. The agreement calls for a maximum of 330 affordable housing units on approximately 25 acres; 12 free-market single-family homes and miscellaneous ranch buildings on approximately 18 acres; and the remaining 176 acres open-space, totaling 219 acres. Deer Hill is to remain conserved open-space and the free market building envelopes will be located in a Ranch Conservation Open Space area. Similarly, no free market buildings are allowed in the Maroon Creek View Plane. C. Pre-Annexation Agreement Overview In a public/private partnership, the City of Aspen has negotiated a pre-annexation agreement for the Bar/3[ Ranch property, currently in Pitkin County and contiguous to the City. The executed pm-annexation agreement sets the framework for future development of the following described property. Affordable housing development would occur on approximately 25 acres (5 acres of the City-owned land and approximately 20 acres of the Bar/X Ranch property that has been donated to the City). This land is easterly adjacem to the city-owned Deer Hill property and is exclusively for affordable housing. (Ex. A) The remaining Bar/X Ranch property will continue in part as a working ranch and in part be developed with 12 free market homes on approximately 18 ac~ l~he. tnmmining 176 acres will be conserved as publicly and privately owned open space. (25 AC affordable housing + 18 AC free market housing + 176 AC open space = 219 AC TOTAL) The goal of this partnership is to obtain a greater amount of affordable housing in a more desirable location that conserves a greater amount of both these parcels as open space. A Water Service Agreement is also a part of the Pre-Annexation Agreement. This describes cost sharing requirements between the public and private parmers in construction of the infrastructure that will serve both the affordable housing and free market properties. D. Phased Affordable Housing Development The affordable housing development is proposed in three phases. E~teh phase will consist of approximately 110 units (units and/or subdivided lots). Development and precise programming RFP for Burlingame Ranch ~ an Affordable Housing Development 01/0912003 pl for the site will be determined in the future by a Developer contracted with the City of Aspen. The Developer will similarly be responsible for design and construction of internal infrastructure to service the affordable housing development. Design ofthe infrastructure within the 25 acres proposed for affordable housing is not a part of this contract. E. Infrastructure Preliminary Design Estimate (by Turner Collie & Braden) The finn Turner, Collie & Braden was requested by the City of Aspen to complete an Infrastructure Preliminary Design Estimate (Ex. B). This estimate is for the use of the City of Aspen to create an estimated budget for construction of the infrastructure up to the boundaries of the affordable housing site as well as satisfy the requirements of servicing the Bar/X Ranch development as defined in the Pre-Annexation Agreement. This document and any addendums should be used as a foundation for all future design work. F. Burlingame Ranch Affordable Housing Land Use & Development Plan The Affordable Housing Land Use & Development Plan is a land use application submitted to the Aspen City Council for land use approvals. This Land Use & Development Plan should be used as guidelines for development within the affordable housing site. These guidelines do not strictly govern development on the site, however do suggest parameters within which development should occur. This document also includes legal agreements between landowners, and former studies conducted at the site. (Ex. A) LIST OF EXHIBITS · Exhibit "A", Burlingame Ranch Affordable Housing Land Use & Development Plan including Pre-annexation Agreement * Exhibit "B", Turner Collie & Braden Infrastructure Preliminary Design Estimate · Exhibit "C", Sample Professional Service Agreement RFP for Burlingame Ranch -- an Affordable Housing DevelOpment 01/O9/2OO3 p2 II. SCOPE OF WORK The scope of work will consist of the following elements: 1. Obieetive The purpose of this solicitation is to select a qualified Professional to act on behalf of the property owners (through the City of Aspen Asset Department) to create an infrastructure design to provide service to the Burlingame Ranch affordable housing development as well as satisfy the requirements of servicing the Bar/X Ranch development as defined in the Pre-Annexation Agreement. The professional will also create a guaranteed maximum price for work associated with producing an infrastructure design by May 5, 2003. The infrastructure design will be used to solicit Request For Proposals for construction of the final, approved design. 2. Scope of Work The contracted Professional shall obtain all permits and associated approvals to enable the design created by the Professional to be constructed. The Professional shall begin work on the sewer line and sewer line permits/approvals as the first task of the awarded contract. The sewer work is anticipated to have the longest permitting schedule. The contracted Professional may be retained at the completion of the design work to Construction Manage the building of the infrastructure design. If the qualified Professional is retained for Construction Management work, a separate contract must be signed and approved. The contracted Professional shall use the Infrastructure Preliminary Design Estimate document produced by Turner, Collie & Braden as well as the Burlingame Ranch Affordable Housing Land Use & Development Plan as a foundation for its work. These documents include preliminary geotechnical studies, existing agreements between property owners regarding development on the site and general goals for the project development. RFP for Budingame Ranch ~ an Affordable Housing Development ~ 01/09/2003 p3 III. SELECTION PROCESS The City of Aspen Asset Management Department, acting as representative for the City, is required to conduct a competitive selection process to grant a contract for Professional Services on the project. The competitive Request for Proposals (RFP) selection process described herein will select a top-ranked Consultant for this work. SUBMITTALS, Proposers shall submit ten (10) copies of their Proposals for the described services in response to and in accordance with this RFP. The format of such Proposals shall be as follows: 1. A letter of intent to submit a bona fide proposal in response to this RFP; 2. A statement of qualifications o f the proposer, including: a. Experience and examples of similar affordable housing projects in similar geographic locations; b. Resumes of specific persons assigned to project, company profiles, references and hourly rates of personnel to be assigned to the project. 3. Guaranteed maximum price for completing the scope of work. 4. A letter of commitment to produce a completed product as described in the scope of work by May 5, 2003. All proposals shall be delivered to: Michelle Bonfils, Project Manager Aspen/Pitkin County Housing Authority 530 East Main Street, Aspen, CO 81611 P: 970/920-5582 F: 970/920-5580 E: michellb~ci.aspen.co.us Any and all questions or comments should be in writing and directed to: Michelle Bonfils, Project Manager F: 970/920-5580 E: michellb@ci.aspen.co.us (preferred) Responses to this RFP will be received until 12:00 p.m., February 3, 2003. Upon request of and at the discretion of the property owners, proposers may be required to supply additional information, or to make assigned personnel available for interviews or make or supplemental submissions under secondary selection criteria, if any are deemed additional necessary by the selection committee. RFP Ior Budingarne Ranch -- an Affordable HOuSing D~vel°~ment 0'1/0912003 p4 Late proposals will not be considered. Within five (5) days of receiving all submitted proposals (February 10, 2003), the City will choose up to three proposals and check the references of the submitted consultants. If necessary, interviews will be conductedl A contract will be drafted with the top-ranked proposer. On February 17, 2003, the contract will be submitted to City Council for approval and the selected Consultant will be announced. (See Time Schedule below.) TIME SCHEDULE: The City will endeavor to use the following time-table, which should result in the selection of a top-ranked proposer by February 17,2003: January 13, 2003 Advertise for Request for Proposals February 3, 2003 Proposals must be received by 12:00 pm, MDT (10 copies) at the APCHA, 530 East Main Street, Aspen, Colorado, 81611. February 7, 2003 City to select up to three (3) Consultants (and teams) to check of references. If necessary, begin interviews with short-listed proposers. February 17, 2003 Announcement of recommended top-ranked proposer; Contract dratted With top-ranked proposer; Approval of contract by City Council. RFP roi- Burlingame Ranch - an Affordable Housing Development 01/09/2003 p5. EXHIBIT "B" to ProfessiOnal Services Agreement Rate Schedule PS1-971.doc Page 9 SCHMUESER i GORDON i MEYER February 3, 2003 Ms. Michelle Bonfi~s, Project Manager _ Aspen/Pitkin County Housing Authority 530 East Main Street Aspen CO 8i6'~1 RE: Burlingame Ranch Affordable Housing Response to RfP Dear Michelle: Please consider this a letter Of intent to submit a bonafide proposal in response to the RFP for providing infrastructure design services for the City of Aspen for the Burlingame Ranch Affordable Housing. It is our assumption that the Housing Office and the City of Aspen are looking for a concise, factual submittal. We have had an opportunity to meet with representatives of all the utility companies required to install utilities as part of the off-site infrastructure for this project. We have identified constraints and requirements for each of these utilities. We have reviewed the Request for Proposal dated January 9, 2003, from your office. We have also reviewed the Burlingame Ranch Affordable Housing Infrastructure Preliminary Design Estimate and the Burlingame Ranch Affordable Housing Land Use and Development Plan~ Please note our constraints observations contained in our Letter of Commitment. We leek forward to working with the Aspen/Pitkin County Housing Authority and the City of Aspen on this project. Respectf'uliy submitted, SCHMUESER GORDON MEYER, INC. Principal - Aspen Office JWH:DWG:Iec\RFP - Burlingame Persons Assigned to Project Individuals assigned to this project are as follows: · Principal Engineer: Jay Hammond, P~E. · Lead Design Engineer: Dean Gordon, P.E. · Design Engineer: Dan Cokley, P.E. · Lead Surveyor: Ken Wilson, P.L.S. · Lead CADD Designer: Ron Mittleider Resumes of these individuals are attached hereto, to the Statement of Qualifications. Company Profile · Two copies of our Standard Statement of Qualifications are attached hereto for your further reference. Included within that document are a complete list of company experience, company profiles and references. Hourly Rates Hourly rates for key personnel are as follows: · Jay Hammond $110.00 · Dean Gordon $110.00 · Dan Cokley $ 85.00 · Ken Wilson $100.00 · Ron Mittleider $ 80.00 A complete hourly rate schedule is attached hereto. STATEMENT OF QUALIFICATIONS BURLINGAME RANCH AFFORDABLE HOUSING GUARANTEED MAXIMUM PRICE - Our guaranteed maximum price for completing the scope of work is as follows: $230,000 (Two hundred thirty thousand and no/100 dollars). Please see following Letter of Commitment for further qualifications with respect to the guaranteed maximum price. February 3,2003 Ms. Michelle Bonfils, Project Manager _ aspen/Pitkin County Housing Authority 530 East Main Street Aspen CO 81611 RE: Letter of Commitment Burlin.qame Ranch Affordable Housin.q Dear Michelle: Please consider this a LETTER OF COMMITMENT to provide a completed product as described in the scope of work for the Budingame Ranch Affordable Housing project by May 5, 2003. Constraints There are a number of items we have identified that will affect our ability to create a construction document package by the desired time. Please note the following: · Easements/Riqhts-of-way: Field survey work and preliminary design need to be started immediately. We will be asking the Housing Authority for the designated roadway corridor immediately upon award of contract. Our assumption is that work can begin immediately on that corridor. :If easements or rights-of:way have not been procured, we will assist the Housing Authority in doing so, however, it is essential the work be started on the corridor immediately. · Wetlands Restraints: In discussions with Mr. Tom Bracewell, Aspen Consolidated Sanitation District, there are wetlands impacts atthe connection point to the District's main sewerlines. Mr. Bracewell has indicated that utilizing the District's Nationwide Permit authority, it still took 12 to 18 months in order to procure the necessary wetlands encroachment permits. Note that snow cover will unlikely be off the location of the wetlands until early to mid-May. Wetlands designations will not be able to be started until after the designated comPletion date for the project. Included in our scope of services is the work necessary to procure a 404 Permit for the work. · Access Authority: We are assuming that the Housing Authority will have permission from adjacent property owners, primarily the owners of the Bar - X Ranch and AVL.T, for access onto property as necessary to complete site survey work and preliminary engineering design. That authOritY Will be required immediately after award of contract. February 3, 2003 .... Ms. Michelle Bonfils Letter of Commitment Page 2 · Housing Authority and City of Aspen Personnel: We anticipate having a design meeting at least once a week and as often as three times a week throughout the design phase. We strongly recommend that a designated representative from both the Housing Authority and the City of Aspen be assigned immediately and be committed to attending those meetings. Those representatives also need to be in a position of authority to make design decisions on an ongoing basis. Scope of Work Our scope of work will be consistent with the Request for Proposals to provide infrastructure design services for the City of Aspen, dated January 9, 2003, as further outlined in Section II. Scope of Work. Sewerline work will begin immediately in anticipation of the most significant restraint to completion of services. Work will also begin immediately on the field survey of the proposed off-site roadway corridors. Alternate Time Schedules Allocated Review Period The requirement that finished construction drawings be available on May 5 is extremely aggressive. While we are prepared to meet that schedule, we feel that the schedule does not allow adequate interface and review time for other affected entities, including the utility companies, City of Aspen Water Department, Aspen Consolidated Sanitation District, Aspen Valley Land Trust and the Zolines. We feel it is very important that coordination and review be built in to a time schedule to have the best design product in the end. What will happen under the current schedule is that each of these entities will be asked to review drawings which are in a continuous state of flux because of input from other competing interest and entities. Our recommendation is that a set of review documents be prepared by the deadline date. A minimum 30-day pedod be designated after this date for review and coordination, and modification of drawings as needed to respond to affected entity input. This approach would still allow construction to proceed during the 2003. construction season, Phased Approach As an alternative, please consider the idea of a phased approach for construction documents. The improvements to be done within the Old Stage Road and New Stage Road corridor have much fewer constraints than other parts of the property. It would be our recommendation that you consider having as an initial phase, the work within these roadway corridors. Construction documents would be prepared by the delivery date, this phase would be built, awardeG and construction would be completed during 2003. The second phase of the work would be all work outside the immediate roadway corridors. AN initial set of review documents would be prepared by the requested delivery date. A 45- to 90- Februa~ 3.2003 Ms. Michelle Bonfils Letterof Commitment Page3 day period would be allocated for coordination, review comments, value engineering, etc. Final construction documents would be prepared for a late summer/early fall start of construction. This would allow the option of having either a portion of the construction of the second phase done in 2003 (with the balance completed 2004), or the work bid over the 2003/2004 winter period for start immediately in the spnng of 2004. Further Experience Schmueser Gordon Meyer, nc. has been responsible for, and has been involved in, the extension of the infrastructure on the Maroon Creek Club to date. This includes the general connection points for all major utilities, as well as the connection point to New Stage Road and Old Stage Road. We are available to further discuss our qualifications, scope of work. work schedule and fee structure with the Selection Committee. We look forward to working with both the Housing Authority and the City of Aspen on this project. Respectfully submitted, SCHMUESER GORDON MEYER, INC. Jay W. Hammond, P.E. Principal - Aspen Office JWH:DWGlec\RFP - Burlingame MEMORANDUM VIA E-MAIL & FAX: 920-5580 DATE: February 10, 2003 TO: Michelle Bonfils michellb(~,ci.as pen.co, us FROM: Jay Hammond, SGM RE: Burlingame Ranch Infrastructure Proposal Follow-up Questions This is in response to your February 5, 2003, request for additional information. I will follow the format in your memo. 1. Does your guaranteed maximum price include permit costs, i.e., staff time for completing permit applications, application fees ? Our proposal includes all staff time to complete applications, as well as time necessary to secure the applications on behalf of the City through the respective issuing agencies. We have not included any application fees. The assumption is that any application fees from the Building Department, Pitkin CountY or between departments within the City would be waived in recognition of this being an affordable housing project. Typically, there is not an application fee associated with Army Corps permits. Our contact with CDOT indicated they did not know whether there would be an additional Access Permit required or not, noting that Old Stage Road is currently being constructed with a fUlly controlled intersection and, therefore, has the capacity to accommodate this project. Normally, there is not a fee for an Access Permit. 2. Does your guaranteed maximum price include reimbursable expenses? Yes. We noted that we were the only local company who was responding to the RFP. We are the only company, therefore, that Will be completing all the Work within the Roaring Fork Valley. SGM will not be charging the Housing Authority any reimburSables with respect to travel time. 3. What final products are inclUded in your guaranteed maximum price, i.e., preliminary design documents and/or construction drawings? C:\Horne/Attach~2-10-03 budingame response.doc February 10, 2003 Ms. Michelle Bonfils Page 2 All products through final design, including any preliminary level documents as well as the final construction document package. Our final products will allow the Housing Authority to solicit contractor bids for ali the infrastructure work. 4, Regarding schedule, please reconfirm: a. When your firm anticipates having completed design documents (excluding the sewerlines), We are prepared to complete construction documents by the requested completion date of May 5, 2003. However, as noted in our proposal, the May 5th deadline is a very aggressive schedule and, in our opinion, does not allow for adequate time for input from the various review agencies and other affected parties (Aspen Water Department, Aspen Consolidated Sanitation District, Zoline family, miscellaneous utility companies, etc.). Unless there is a compelling reason why the construction documents need to be done by May 5th, we have indicated that a recommended schedule would be for a preliminary set of documents to be completed by May 5th, followed by an interaction period among affected parties and our office, with a completion time for drawings that would allow for bidding and a portion of the Construction still to be completed during the 2003 construction season. This is a significant enough project with significant enough community impacts that, to short-change the review and coordination period, would not seem to be desirable. b. When your firm anticipates the sewerline documents and permitting will be completed. This is a more difficult question to answer, simply because the permitting process is under the control of the Army Corps of Engineers, rather than ourselves. Normally, we would anticipate that the Corps would allow the sewerline construction work under a nationwide permit and the permitting would be in place 30 days after receipt in their Grand Junction Office. However, Tom Bracewell has indicated it took them 12 to 18 months to get recent sewerline work permitted, that construction work being of a similar nature to this project. This construction carries the additional burden that it is new ~o~t[uction ~ opposed to maintenance level activity that Tom recently had permitted. We are anticipating having a construction level design completed for the sewerline and ready for submittal to the Army Corps of Engineers by May 5~h. If the Corps will permit this under a nationwide permit, we anticipate permitting to be in place by mid-June, 2003. To the extent that the Army Corps of Engineers will require either an individual permit or would require off-site mitigation, that permitting process would not likely be in place until late summer, 2003 or as late as early spring, 2004. The completion of the Army Corps permitting will have a significant bearing on when the lower portion of the sewerline could be constructed. February 10, 2003 Ms. Michelle Bonfils ...... ; Page 3 I trust the above responds to your questions. As previously stated in our proposal, we anticipate requiring weekly meetings with Housing Authority/CitY staff in meeting the aggressive timetable requested. As the only local firm being considered, and having not only the design people, but also production people available locally, we feel that greatly enhanCes the ability to fast traCk this project. We remain available to provide additional written information or to meet with the Selection Committee. JWH JWH-DWG:Iec Burlingame ;.