Loading...
HomeMy WebLinkAboutresolution.council.071-03 · ~Series of 2003~ A RESOLUTION GRANTING PROFESSIONAL ENGINEERING SERVICES AWARD TO WRC ENGINEERING. INC.~ FOR TECHNICAL DESIGN OF THE RIO-GRANDE STORMWATER MANAGEMENT MULTIOBJECTIVE PROJECT, 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 contract between the City of Aspen. Colorado and WRC Engineering Inc., a copy of which contract ~s annexed hereto and made a part thereof. NOW, WHEREFORE, 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 the contract between the City of Aspen, Colorado, and WRC Engineering, Inc., regarding the Rio-Grande St0rmwater Management Multi ObJective Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: ~ ~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy ~f~at resolution adopted by the City Council of the City of Aspen, Colorado. ar a meeting held ~, 2003. Clerk ENG-RBS-2003-01 AGRRF, MF, NT FOR PROFESSID2S241', S.ERVI'CF~S This Agreement made and entered on the date hereinafter stated, betxveen the CITY OF ASPEN, Colorado, ("City") and WRC Engineering, Inc..'"ProfessionaI"'~. For and m consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scape 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. ~2ompletion Professional shall colrmtence work immediately upon receipt of a wrinen Notice ro Proceed from the City' and complete all phases of the Scope of Work as expeditiously as ts consistem with professional skill and care and the orderly progress of the Work in a timely manner, l'he parties antic/pate that all work pursuant to this agreement shall be completed no later than per project agreement. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services xvhich 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. Paymer~t. In consideration of rite 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 rares set forth at Exhibit "B" appended hereto. Except as otherwise mutually a~eed [o by the parties the payments made ro Professional shall not initially exceed $50.000.00 . 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 maner with Professional within ten days from receipt of the Professional' s bill. 4. Non-Assi~nabiliw,. Both parties recognize that this contract is one for personal services and cmmot be transferred, assigned, or sublet by either parry without prior ~vnrren consent of the other. Sub~Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obl/.gations tinder 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 Iiable for payment of any sums due which may be due ro any sub-contractor 5. Termination The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other parry, PSl~971.doc Page 1 specifying the ef~bctive date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, ali £mished or unfinished documents, data. studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreemem shalJ become the property of the City. Not-~vithstanding the ~bove. 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, ~md 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. 6. Covenant A?inqt C~ntin~ent 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~ gifts or any other consideration contingent upon or resulting from the award or malting of this contract. 7. Independent ~ntr~emr Stems_ It is expressly acknowledged and tmderstood by the parties that' nothing contained in th~s agreement shall resmt in, or be construed as establishing an employmem 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 con~mct. 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 serYan~s 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 comract. Professional shall indemnify C~ty against all liability and loss ~n connection with. and shall assume ftdl msponsibility 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 indeun~i~ and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against ali liability, claims, and demands, on account of injury, loss. or damage, including without limitation claims arising from bodily injury~ personal injury, siclmess, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any mauner connected with this contract, if such injury, [oss~ or damage is cansed in whole or Ln 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 worlcmen' s compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional PS 1-971. doc Page 2 agrees ro investigate, handle, respond to; and to provide defense for and defend against, amy such liability, claims or demands a~ the sole expense of the Professional, or ar the option of the City, agrees ro pay the City or reimburse the City for the defense costs incurred by the City m connection with, any such liability, claims, or demands. If it is determined by tile final judg~2ent of a court of competent jurisdiction that such ~njury, loss. or damage was caused in whole or m parr by the act, omission, or other fault of the City, its officers, or ks 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. Prc~fessionaPq lnsnrarme. (a) Professional agrees m procure and maimmn, at irs own expense, a policy or policies of insurance sufficient to insure agmnst all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such ~nsurance 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 ~bligations assumed pursuant to Section 8 above by reason of its failure ro 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_ mad shall cause any subcontractor of the Professional ro procure and maintain, the minimum ~nsurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained ro cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any cia/ms- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) ~?orkers' Compensation insurance ro cover obligations imposed by applicable laws ~br any employee engaged in the performance of work under this contract, and Employers' Liability ~nsurance with mmimttm 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 sach employee Evider~ce of qualified self-insured status may be substituted for the Workers' Compensanon requirements of this paragraph. (ii) Commercial Genera/ £iabiliO insurance with minimum combined single limits of ONE MILLION DOLLARS tS1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00, aggregate, the policy shai1 be applicable ro all premises mad operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury rincluding coverage for contractual and employee acts), blanket contractual, independent contractors, products, mad completed operations. ]?he policy shall contain a severability of interests provision. (iii) Comprehensive AzttomobiIe Liability insurance with minunum combined single limits for bodily injury and property damage of not less than ONE MILLION PSI-971.doc Page 3 DOLLARS ($I,000,000.00) each occurrence and ONE MILLION DOLLARS ($I, 000,000.00) aggregate with respect to each Professional's o~vned, hired and non~ owned vehicles assigned to or used in performance of the Scope of Work. The policy shall cnnra/n 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 comract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS $1,000,000~ each claim and ONE MILLION DOLLARS tS 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 msureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insttrance 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) ]'he 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 m/n/mum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencemem 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 al least thirty (30) days prior written notice has been g~ven to the City. te) Failure on the part of the Professional to procure or maintain policies providing the req~fired 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 premimns in connection therexvith, and all momes so paid by City shall be repaid by Professional ro City upon demand, or City may offset the cost of the premmms against monies due ro Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. kg) I'he parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this comracr, 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 er seq., PS1-97I.doc Page C.R.S., as from time to time amended, or otherwise available to Ci.ty, its officers, or irs employees. 10. Ciw~ 's lng. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City' of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes m irs membership or participation in CIRSA. 11. Completeness of Agreement. It iS expressly agreed that this agreemem contains the entire undertaldng of the parties relevant to the subject matter thereof and there are no verbal or written representations, a~eemems, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing, 12. Xolice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, City': Professional: Steve Barwick, City Manager City of Aspen WRC Engineering, Inc Sonth Galena Street 950 South Cherry Street, Suite 404 Aspen, Colorado 81611 Denver, CO 80246 13. Non-DLacrimination. No discrimination because of race, color, creed, sex, marital stares, 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. igf_aiver. 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 Agreemem 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. Exec,tion 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 PS 1-97 I. doc Page 5 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 for a duly authorized official in his absence~ to execute the stone. 16. General Terms (a) It is agreed that neither this agreemem nor any of its terms, provisions, conditions, represemafions or covenants can be modified, changed, terminated or amended. waived, superseded or extended except by appropriate written instrument fully executed by the parries. (b) If any of the prowsions of this agreemem shall be held invalid_ illegal or unerzforceable it shall not affect or ~mpair the validity, legality or enforceability of any other provision (c) The parues aclmo~vledge and understand that there are no conditions or limitations ro this understanding except those as contained herein ar 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) ]?his agreement shall be governed by the laws of the State of Colorado as from time to time in effect. FN WITNESS 3VHEREOF. 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] PSt-971.doc Page 6 ATTESTED BY: CITY OF ASPEN. COLORADO: Title: Date: ~.~//~/~Z~rO Z PROFESSIONAL WITNESSED BY: twt2~. ~ ~,-~,~,,7,~ -~. Title: P~ qram+ Date: ~/ /g. ~o ~ PS1-971.doc Page - CITY OF ASPEN ADDB EM · This Professional Services Agreement is for a period of one year with two 2) one year renewals if mutually agreeable between the Professional and the City. · Certificate of Insurance must be returned with the si=~ned contracts. Failure to do so will result in the Termination of this agreement · A license to do business within the City of Aspen musz be obtained and presented before any project may begin. Failure to do so will restflt in the termination Of this agreemenT. EXHIBIT "A" to Professional Services Agreement Scope of Work To be added per project. PS1-971.doc Page 8 May 23. 2003 Mr. Nick Adeh City of Aspen 130 South Galena Street Aspen. Colorado 81611 WRC File: P-1304B RE: Phase II Construction Documents and Permitting of The Jenny Adair Regional Water Quality Facilities Dear Mr. Adeh: WRC Engineering, Inc. (WRC) is pleased ro prowde this proposal ro provide engmeering design services for preparation of the Phase II Construction Documents and Permitting for the Jenny Adair regional water quality basins. The basis of this proposat is the City of Aspen Master Drainage Plan prepared by WRC, our recent conversations regarding the design elements of these facilities, and our experience in design of these facilities. Based upon this information, we propose the following: Phase II- Construction Documents and Permitt'm~ A. Project Coordination - WRC will coordinate with the City staff on the final design and construction aspects of the project. Coordination meetings'will be held in WRC's affice with one meeting in Aspen. This task includes refinement of the cost models prepared in Phase I. B. Final Design - WRC will provide final design of the project facilities including grading, inlet and outlet structures, treatment ponds, mechardcal structures, landscaping, piping, and other design features, reclmical design review meetings will be held in WRC's office. C. Contract Documents and Specifications - WRC will provide contract documents and specifications ro allow the City to publically bid the project D. Permitting - WRC will coordinate and provide the necessary documents ro allow the City ro obtain the permits necessary ro build the project. WRC estimates our fees to perform the above described tasks to be as follows: CONSULTING ENGINEERS 950 SOUTH CHERRY STREET · SUITE 404 · DENVEP COLORADO 80246 · 303) 757-8513 ° FAX 303 758-3208 · wrce@wrceng con' Mr. Nick Adeh WRC File: P-I303B May 23. 2003 Page 2 Work Task Estimated ]Fee Phase II - Construction Documents and Permittin~ A. Project Coordination $3.750 B. Final Design $29.000 C. Contract Documents Specifications $5.375 D. Permitting $3.500 Total Fee Estimate $41,625 WRC will perform Phase II Tasks A through D for a not to exceed fee of $41 625. WRC's estimated time needed to complete Phase II Tasks'A through D is 10 weeks. WRC appreciates the opportunity ro provide these servmes. If you have any questions, please call. Respectfully submitted. WRC ENGINEERING. INC. Alan J. Leak. P.E President Approved By: Name Title Date May 23, 2003 Mr. Nick Adeh City of Aspen 130 South Galena Street Aspen, Colorado 81611 WRC File: P-1303B RE: Phase II Construction Documents and Permitting of The Rio Grande Regional Water Quality Facility Dear Mr. Adeh: WRC Engineering, Inc. (WRC) is pleased to provide this proposal to provide engineering design services for Preparation of the Phase II Construction Documents and Permitting for the Rio Grande regional water quality basins. The basis of this proposal is the City of Aspen Master Drainage Plan prepared by WRC. our recent conversations regarding the design elements of these facilities, and our experience in design of these Facilities. Based upon this information, we propose the following: Phase II~ Construction Documents and Permitt'm~ A. Project Coordination - WRC will coordinate with the City staff on the final design and construction aspects of the project. Coordination meetings will be held in WRC's office with one meeting in Aspen. This task includes refinement of the cost models prepared in Phase I. B. Final Design - WRC will provide final design of the project facilities including grading, inlet and outlet structures, treatment ponds, mechan/cal structures, landscaping, piping, and other design features. Technical design review meetings wflI be held in WRC's office. C. Contract Documents and Specifications - WRC will provide contract documents and specifications ro allow the City to publicaily bid the project. D. Permitting - WRC will coordinate and provide the necessary documents to allow the City to obtain the pertmts necessary to build the project WRC estimates our fees to perform the above described tasks to be as follows: CONSULTING ENGINEERS 950 SOUTH CHERRY STREET · SUITE 404 · DENVEF COLORADO 80246 · 3031 757-8513 · FAX 303} 756-3208 · wrce@wrceng core Mr. Nick Adeh WRC File: P-I304B May 23. 2003 Page 2 Work Task Estimated Fee Phase II ~ Construction Documents and Permittin~ A. Project Coordination $1.750 B. Final Design $29.000 C. Contract Documents Specifications $2.500 D. Permitting $3.500 Total Fee Estimate $36,750 WRC will perform Phase II Tasks A through D for a not to exceed fee of $36.750 WRC's estimated rime needed to complete Phase II Tasks A through D is 10 weeks. Our proposed fees are based upon the entire Phase II design of both the Ric Grande and the Jenny Adair facilities being completed concurrently. If Phase II of the Jenny Adair facilities is to be completed separate from Phase II of the Rio Grande facilities, then our fees will be greater. This is due ro our stated fee including the economy of shared costs such as project meetings, bid documents, and permitting which can nor be achieved when completed separately. WRC apprecmres the opportunity ro provide these services. Il' you have any questions, please call. Respectfully submitted. WRC ENGINEERING_ INC. Alan J. Leak. P.E. President Approved By: Name Tkle Da~ EXHIBIT "B" to Professional Services Agreement Rate Schedule Please refer to 'attached rate schedule. PS 1-971. doc Page 9 Ilient~: 10895 WRCENG ACOJ J2, CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR aLTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ver, CO 80203 3 ~ J 8 3 7 - 8 S 0 0 ~ iNSURERS AFFORDING COVERAGE INSURED J ~ ~ ~ ~URERA: Hartford Insurance Group WRCEncneering, Inc. ~ ~u.~: Security Ins Co of Hartford 950 S. Cher~ Street, ~404 ~._j~i~:NGJNEE_ R_ Denver, CO 80246 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ~HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO~WHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~S CERTIFICATE MAY BE ISSUED MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ~S SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOIT~ONS OF SUCH POLICIES. AGGREGATE L M TS SHOWN MAY HAVE BEEN REDUCED BY PAIO C~IMS. ~ TYPE OFINSURANCE POUCY NUMBER ~ DATE ~MM/DD~Y} DATE (MM/DD~Y) J LIMITS A ERALLIA~JLiW 34SBAPA5789 '05/04/02 05/04/03 EACHOCCURRENCE $1/ 000t 000 ~10,000 __ PERSONAL&ADVINJURY sl, 000, 000 __ GENERAL AGGREGATE $2 , 000 i 000 ~2 A ~o.o.,,,ua.,uw 34SBAPAS789 05/04/02 05/04/03 iCOMe,N~S,NSbaU~,T ¢'1,000,000 I '~ NON-OWNeD AUTOS ~ BODILY INJURY " ~ [ (Per accident) ~ OCCUR ~ CLAIMS MADE r AGGREGATE F RETENTION $ I , [ [$ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY TO~S SE ~*CH*CC~O~.T ~ ~.L. O~S~*S~ - ~OMC~ UU~T B °~RArchitects/ AEE0227010 04/11/02~04/tl/03~ $1,000,000 Ea. Claim Professional Engineers Liab; ~ [], ' ~ $1,000,000 Aggregate Named Insureds: WRC Engineering, Inc.; WRC Nevada, Inc. CERTIFICATE HOLDER ADDmONALINSUREE INEURERLE3TER: CANCELLATION SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXF~RA33ON ci[¥ of Aspen DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TOMAIL3_0~ DAYSWRITTEN Aim: Nick Adeh NO~qCETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT. BUTFNLURE TOBOSOSHALL ] 30 S. GaIena Sc. iMPOSE NO OBLIGATION OR LIABILITY OF ANY KiND UPON THE INSURER TS AGENTS OR Aspen, CO 81611 REPRESENTATIVES. I'HORIZED REPRESENTATIVE ACORD 25~S (7~97) 1 o f 1 #M240713 SLZ © ACORD CORPORATION 1988