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HomeMy WebLinkAboutresolution.council.035-90 lie :e . RESOLUTION NO. '3S (Series of 1990) I A RESOLUTION RATIFYING THE EXECUTION OF A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF ASPEN AND REA, CASSENS AND ASSOCIATES, INC., FOR ENGINEERING SERVICES RELEVANT TO 1990 CAPITAL WATER IMPROVEMENT PROJECTS. WHEREAS, on August 27, 1990, the city Council of the City of Aspen approved and authorized by motion a written contract for professional engineering services between the City and Rea, Cassens and Associates, Inc. relevant to 1990 capital water improvement projects; and WHEREAS, the city Council of the City of Aspen desires to memorialize same through the adoption of a formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1 That the City Council of the city of Aspen does authorize and ratify the execution of the professional services contract between the City of Aspen and Rea, Cassens and Associates, Inc. for engineering services relevant to 1990 capital water improve- ment projects, a copy of which is appended hereto as Exhibit "A". Dated: ~ ! {} , 1990. Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that I. I,. . resolution adopted by the city Council of the City of Aspen, Colorado, at a meeting held ~ 10 , 1990. K~~~ 2 1,_ a ('. -- " (,; ", ~. JJ, C IV " '<:: (V\slncCc{""-~ '-' \J -2 ( \) ~ " . , , AGREEMENT This Agreement, made and entered into this /~~ay of ,~ ,19 vJ , by and between CITY OF ASPEN, pitkin County, Colorado, Party of the First Part, hereinafter called "the city", and REA, CASSENS AND ASSOCIATES, INC., Con- sulting Engineers, Evergreen, Jefferson County, Colorado, herein- after called "Engineer", Party of the Second Part. WIT N E SSE T H: That the City and the Engineer for the consideration herein- after named, agree as follows: ARTICLE I DESIGN SERVICES For and in consideration of a fee of six and one-half percent (61%) of the actual net construction cost if constructed or estimated net construction cost if not constructed, as the case may be (said estimated net construction cost being iden- tified in Appendix A), plus Direct Non-Salary Expenses, the Engineer shall furnish the City professional engineering ser- vices, as described in Article V A of this Agreement, for comple- tion of plans, designs and specifications suitable for securing bids for construction of the following 1990 Water System Capital Improvement Projects: 1. Red Mountain Water system Upgrade, Phase 1 2. Highlands Interconnect 3 . Buttermilk Water System (,1_ l.a .. a !"., The fee for Article I shall not include staking, construc- tion observation and construction management for the projects covered under this Article I. ARTICLE II CONSTRUCTION SERVICES For and in consideration of a fee of five and one-half percent (5l%) of the actual net construction cost, plus Direct Non-Salary Expenses, the Engineer shall furnish the services described in Article V B of this Agreement, which i'nclude stak- ing, observation of construction and construction management of the 1990 Water System Capital Improvement Projects. It is agreed that a qualified Project Engineer and support personnel shall be assigned to the projects under construction for the City. The Engineer will furnish the field personnel with necessary equipment and a vehicle or vehicles to move to the job and from one project to another. The construction staking and observation fee shall be paid on a monthly basis and shall begin upon start of construction and end upon final inspection, approval, and acceptance by the city as determined by prepared plans and specifications. ARTICLE III NET CONSTRUCTION COST The net construction costs as indicated in Article shall I include the following items: 2 'e " I' ~. ,- I. 1. The cost of all labor and materials, including trans- portation, labor and equipment furnished by the city or by the contractor for the construction of the projects in Article I. The net construction cost as used in Article I shall not include the following items: 1. The cost of acquiring rights-of-way, if services of the Engineer are not required. 2. The amount paid to the Engineer as compensation. 3. Office expense and construction observation expenses incurred by the City in the construction of the projects in Article I. ARTICLE IV PAYMENT The Engineer shall be paid monthly for all engineering services, design work, field staking, construction observation and constructing management completed the previous month. Upon the beginning of the preparation of plans and specifi- cations, the Engineer shall receive partial payments to be applied against the annual design fee for Article I in the following amounts per month commencing on January 10, 1990: $25,000.00 per month. The Engineer shall present to the City progress reports on the status of plans and specifications and drawings showing the status of the design each month. 3 .ie' i: 'e " (, (It Upon completion of the preparation of plans and specifica- tions for each of the projects called for in Article I, the Engineer shall receive the total engineering fee (less previously paid partial payments) as determined by bids accepted or by the Engineer's Estimated, as identified in Exhibit "A", if bids are not received by April 30 of 1990. Payment of engineering fees for Article II shall be due and payable 30 days from the date of the invoice. Any amount not paid within 30 days of the date of the invoice shall accrue interest at the rate of 11% per month on the unpaid balance for the invoice date until paid. Any adjustment in the Engineer's fee shall be concluded on or before twenty-four (24) months from the date of this Agree- ment; provided that, if the Agreement has not been completed the Engineer shall be entitled to that portion of his unpaid fee as the amount of work then completed by the Engineer bears to the total work the Engineer would have performed had construction , beef completed. ARTICLE V SCOPE OF SERVICES A. The services to be furnished for Article I are as follows: 1. Conferences. 2. Cost estimates. 3 . Examination of sites. 4. Preliminary investigations. 4 ('- 5. 6. 7. 8. 9. Field work for preliminary and final design. Preparation of contract specifications and drawings. Estimates of contract quantities and costs. Assist in securing, analyzing and awarding of bids. Furnishing reproductions of drawings, plans and speci- fications. 10. Submittal to and secure approval of plans and specifi- B. The services to be furnished according to the terms of cations from required agencies. Article II are as follows: Fe 2. " 3. 4. 5. 6. 7. t'e 1. Staking work for construction, observation of construc- tion, and construction management. Checking contractor's working drawings and shop draw- ings. Approval of materials and sub-contracts. Monthly payment estimates to contractor. Final inspection and acceptance. Preparation of "Drawings of Record". Prepare operations and maintenance manuals for the Red Mountain Upgrade and Buttermilk water pump stations and water storage facilities. The Operations and Main- tenance Manuals would be prepared in parallel with the Preventive Maintenance Program, to be prepared under the "Operation Services Agreement", so that they compliment each other. The fee for this service shall 5 Ie .' I,',; I'.' I' ~ be calculated based upon an amount of $6,000.00 being included in the fee for Article II when calculated at the hourly rates of Article VIII. Time in excess of the calculated fee if required, shall be invoiced of Article VIII. 8. Investigate and develop an operational plan, if required by the Public Works Director, for the con- struction of hydroelectric facilities on Castle Creek utilizing water delivered to the water treatment facility in excess of the treated water needs of the city. The result of the investigations shall be a report, which shall include an economic analysis of the feasibility of the project. The fee for this service shall be calculated based upon the hourly rates of Article VIII. Follow-on services to the preparation of the report shall be as outlined in the Separate "Oper- at ions Services Agreement", between the city and the Engineer. ARTICLE VI OUT OF SCOPE SERVICES Services not covered by this Agreement. 1. Cost of advertising bids. 2. Geotechnical and Hydrogeotechnical Services. 3. Appearance in litigation in behalf of the City except in defense of plans and specifications. 6 \1. Ie (- Travel outside of the limits of the Engineer's office and the site of the project. Field surveys for legal description of easements and land. These services would be provided on an hourly basis, if required. Special tests and research, mill and shop inspections of materials and equipment. Foundation exploration, such as borings, test pits, soil mechanics and laboratory investigations. Coor- dination to have these tests performed by specialists is included in the specified fees. Chemical analysis and concrete laboratory tests. Re-desig,n after acceptance of plans and specifications by the City and approval agencies. Minor changes in plans or change orders during construction are included in the specified estimated fee. ARTICLE VII COMMENCEMENT OF SERVICES Authorization and prosecution of the Work: The parties acknowledge that the work to be performed under this agreement was commenced by mutual consent prior to the date of execution hereof and that it is the parties' express intent to ratify such commencement by execution of this instrument. All work as called for herein shall continue and be completed as expeditiously as reasonably possible in a first-class, engineer- 4 . 5. 6. 7. 8. 9. 7 "e ie (. ing-like manner. All work referenced by this agreement shall be released in incremental segments by city of Aspen executed pur- chase orders. ARTICLE VIII FEE SCHEDULE Hourly rates for additional engineering services, if requested, shall be in accordance with the following: POSITION Principal Engineer Project Engineer Senior Engineer Land Surveyor Design Engineer Resident Engineer Resident Inspector Senior Draftsman Engineer Draftsman FIELD CREWS WITH EQUIPMENT I-man 2-man 3-man MISCELLANEOUS Word processing/hour Automobile/mile 4-wheel drive/mile 8 HOURLY RATE $70.00 $60.00 $50.00 $50.00 $40.00 $38.00 $35.00 $35.00 $30.00 $40.00 $60.00 $70.00 $25.00 359 459 Ie (e Ilt Direct Non-Salary Expenses (including air fare) Cost plus 10% DirecJ Non-Salary Expenses (at cost plus 10%) which by way of example may include: Living and travel expenses of principals and employees on business connected with the project, if such is required outside the Denver and Aspen areas; identifiable com- munications expenses, such as long-distance telephone, telegraph, cable, shipping charges, and special postage charges (for other than general correspondence); expenses for services and equipment directly applicable to the work, such as for specialized techni- cal equipment, special legal and accounting work, special com- puter rental and programing services, computer run time and file storage, CADD charges, special consultants, geotechnical borings and laboratory work, commercial printing and b~nding, and similar work that is not applicable for inclusion in general overhead; identifiable drafting supplies, stenographic supplies, and reproduction work (blueprinting, photocopying, and printing) charged to the client's work, as distinguished from such supplies and expenses applicable to several projects; expenses for unusual insurance and specialized health and safety programs and for special clothing for projects with extraordinary risks such as toxic and hazardous waste work. Such projects may require special insurance, which shall normally be billed as direct cost to the project; project professional liability insurance costs, if required by the client. 9 ,e I~ '. f. ARTICLE IX DOCUMENTS In accordance with ASCE - "Manuals and Reports on Engineer- ing Practice, No. 45, 1981, Page 35, the "original documents, designs, drawings and survey notes prepared in the course of performing services for design type projects, represent the product of training, experience and professional skill. They belong to, and remain, the property of the Engineer who produced them". However, the Engineer as part of this Agreement shall provide the City with one copy of any said original documents, designs, drawings and survey notes if and when requested by the City. The printing of two sets of prints of "Drawings of Record" is included in the specified fee. Also, one set of reproducible sepia mylar drawings shall be provided to the city upon the completion of the project or at some future date as may be requested by the city. ARTICLE X INDEMNIFICATION AND INSURANCE The Engineer shall be solely responsible for the complete- ness and accuracy of all survey notes, plans, supporting data, designs and specifications for the work encompassed herein and will prepare same to the standards of care, skill and diligence normally provided by a professional in the performance of the same or similar services. The Engineer agrees to indemnify and 10 . a ~~ - hold harmless the city and its officers, agents and employees from any loss and liability arising out of any error, omission or negligent act ~f the Engineer or anyone employed by the Engineer irrespective of any city approval of plans and/or data as pre- pared under the Agreement. In the event the Engineer fails to exercise such standards of care, skill and diligence, the Engineer shall re-perform any such deficient work without cost to the city. The Engineer shall, during the term of the Agreement, provide and/or maintain the following insurance, copies of which shall be on file with the City of Aspen. 1. Workman's Compensation - Colorado statutory Limits 2 . Comprehensive General Bodily Injury and Property Damage Liability - $1,000,000 per occurrence combined single limit 3. Comprehensive Automobile Bodily Injury and Property Damage Liability - $350,000 per occurrence combined single limit ARTICLE XI DISCRIMINATION The Engineer agrees that in the performance of this Contract or any subcontract hereunder, neither the Engineer nor any person acting on Engineer's behalf will refuse to employ or refuse to continue in any employment, any person on account of race, creed, color, national origin, sex or age, and that Engineer will take 11 Ie lit 'e affirmative action to ensure that employees and applicants for employment are treated without regard to their race, creed, color, national origin, sex or age. ARTICLE XII INDEPENDENT CONTRACTOR The parties intend that the relationship between them created by this Agreement shall be and constitute that of employer-independent contractor. No agent, employee, or servant of Engineer 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 Agreement and the manner and means of con- ducting the work are under the sole control of the Engineer. Engineer shall be solely and entirely responsible for its acts and for the acts of Engineer's agents, employees, servants and subcontractors during the performance of this Agreement. ARTICLE XIII TERMINATION This agreement shall terminate upon completion of all the work outlined in Article I and Article II, but not later than 24 months from the date of this Agreement unless extended by mutual agreement of the City and the Engineer. TERMINATION: The City reserves the right to terminate the Agreement and dispense with the contracted services of the Engineer upon thirty (30) days notice in writing to the Engineer, with the understanding that immediately upon receipt of said 12 Ie I,e [a '. notice all work and labor being performed under this Agreement shall cease. The Engineer shall then be entitled to final payment of all outstanding invoices and for all services pro- vided, but not yet invoiced, to the date of termination computed in accordance with this Agreement. IN WITNESS WHEREOF, THE CITY OF ASPEN, OF PITKIN COUNTY, COLORADO, has caused this Agreement to be subscribed by its Mayor and sealed and attested by its city Clerk in its behalf, and the Engineer, Second Part has signed this Agreement this day and year first mentioned herein. This Agreement is hereby executed in three counter parts. THE CITY OF ASPEN, COLORADO A Municipal Corporatio BY~~ William L. Stirling, ATTEST: /~ Koch, City Clerk REA, CASSENS AND ASSOCIATES, INC. By Ji?AJ~~ Richard H. Cassens, President 13 '. (I,~ (- Ie a. APPENDIX A ENGINEERING SERVICE FOR ARTICLE I - DESIGN SERVICES ESTIMATED NET CONSTRUCTION COSTS (EXCLUDING 10% CONTINGENCY) 1990 CONSTRUCTION 1. Red Mountain Water System Upgrades a. 0.5 M.G. Buried Concrete Reservoir $ b. Pump station c. 12" Pipe - Pump station to Reservoir d. 8" Pipe - West Red's Road to Pump station e. Fire Hydrants on West Red's Road f. Pressure Reducing Valve (PRV) to Lower Red Mountain g. Interconnecting Piping to Storage and system ESTIMATED COST $ 2. Highlands Interconnect a. Upgrade Meadowood Pump station b. 8" Pipe - Pump station to High- lands Reservoir c. Revegetation and Roads ESTIMATED COST 3. Buttermilk Water System a. 0.5 M.G. Steel On-Grade Reservoir b. Pump station c. 12" Pipe (6,100 feet) ESTIMATED COST TOTAL ESTIMATED 1990 COST 306,600.00 150,000.00 40,000.00 24,000.00 6,000.00 15,000.00 83,000.00 624,800.00 $ 50,000.00 204,000.00 19,000.00 $ 700,000.00 $ 250,000.00 145,000.00 305,000.00 $ 700,000.00 $1,597,800.00