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HomeMy WebLinkAboutresolution.council.051-97 e e . RESOLUTION NO. 5/ Series of 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN OTAK, INC. AND THE CITY OF ASPEN, COLORADO FOR THE COMPLETION OF A SCOPE OF WORK RELATED TO MITIGATION DESIGN FOR LRT URBAN IMPACTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement between OTAK,. Inc. and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; 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 professional services agreement between OTAK, Inc. and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the /!i. day of ~1997. ~!?~.. John . Bennett, 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 on the day hereinabove stated. e e . AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and OTAK, Inc., 17355 SW Boones Ferry Rd., Lake Oswego, OR 97035, ("Professional "). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 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, 1. Completion. Professional shall commence work immediately upon receipt of a 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 31, 1997. 2, P&yment, In consideration of the work performed, City shall pay Professional a sum not to exceed thirty four thousand dollars ($34,000.00), plus travel, lodging, per diem and other approved direct costs incurred during performance of the scope of work of this contract. Professional shall submit, in timely fashion, an invoice for work performed upon completion of the scope of work of this contract, The City agrees to pay Professional within thirty (30) business days of receipt of approved invoice. 3. . Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract, The City shall not be obligated to payor be liable for payment of any sums due which may be due to any sub-contractor. 4. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all fmished or unfmished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the e . e 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. 5. Covenant Against Contingent Fees. The Professional warrants that s/he has not been 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 making of this contract. For a breach or violation of this contract without liabilily, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 6. Inde,pendent 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 Cily. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. Cily 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 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. 7, 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, 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 liabilily, 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, The Professional also agrees to bear all other costs and expenses related thereto, including court 2 e e e costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 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. 8. Professional's Insurance. 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. 9. 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 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 in its membership or participation in CIRSA. 10. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 11. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Amy Margerum, City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Roger M. Millar, PE, AICP Principal OTAK, Inc, 17355 SW Boones Ferry Rd, -Lake Oswego, OR 97035 12. Non-Discrimination' penalty. No discrimination because ofrace, 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 3 e e e under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 13. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forebearance 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. 14. 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. 4 - . . 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, Dated: ATTESTED BY: ~~BY: WITNESSED BY: By: ocak.agr CITY OF ASPEN, COLORADO: ~(P~ PROFESSIONAL: .' . ~;",;'t~. 5 e II 17355 SW Boolles Ferry Rd. lake Oswego, OR 97035 PI,alle (503) 635-3618 Fax (503) 635-5395 ~Ki'kI",'d W'y, #100 '~[a!ld,WA 980.33 Pholle (206) 822-41/45 Fax (206) 827~9577 - ArchiteclS June 17, 1997 Randy Ready Assistant City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Entrance to Aspen LRT - Mitigation Design for Urban Impacts- Otak Project No. L9002.999 Dear Randy: The Entrance to Aspen Light Rail Transit project has entered a very important phase. The CDOT Final Environmental Impact Statement (FEIS) will be released in a few weeks. This document describes a preferred alternative for the project, identifies impacts, and proposes mitigation concepts. As is entirely appropriate in an FEIS document, specific mitigation solutions have not been designed. This design effort would typically occur on a transportation project after a Record of Decision on the FEIS by the Federal Highway Administration. While the citizens of Aspen desire a transportation solution to the Entrance to Aspen, they want to thoroughly understand potential impacts to the City's economy and community character. Many desire a design level understanding of specific mitigation solutions along Main Street and in the downtown core prior to committing funds for engineering the preferred alternative. Having participated in the Entrance to Aspen project and in the successful introduction of light rail systems into a number of other communities, we at Otak can be of assistance in your design efforts. Building on your extensive community participation efforts to date, we would propose a design dialogue with stakeholders between now and the public hearing on the FEIS. These conversations would result in a better understanding of the physical and operational relationships between the light rail system and the community and provide local input into the preliminary engineering process to follow. Proposed Scope of Services Ralph Tahran, President of Otak Architects, and I propose a four step methodology for developing design solutions to urban impacts. We believe this scope of services, if initiated promptly, can be completed prior to the FE IS public hearing. Engineers Landscape Architects ScientlslS Urban Designers Planners Surveyors e Randy Ready Entrance to Aspen LRT - Mitigation Design for Urban Impacts Page 2 June 17, 1997 Task 1 - Initial Activities Purpose To collect base information and identify and schedule sessions with project stakeholders and community opinion leaders. This task would be substantially completed by City staff with advice and support from the Otak team. . Work to be Accomplished . Hold a kickoff teleconference to discuss the design effort and logistics. . Prepare reproducible 1"=50' and 1"=20' base maps of the project corridor for use in mitigation design. . Prepare reproducible 1"=100' mapping of neighborhood areas for use in discussing project impacts and solutions off of the immediate corridor. . Reserve appropriate working space for the design team and community participants . Schedule design sessions with city and other agency staff and stakeholder groups . Schedule and advertise an informal open house to conclude the design dialogue Deliuerables . No Otak deliverables for this task Otak Fee: $500 Task 2 - Design Dialogue Purpose To meet individually and in small groups for design sessions with project stakeholders and community opinion leaders. This dialogue would discuss design solutions to LRT impacts along Main Street and in the downtown. We propose condensing this dialogue into one week of activity. e Work to be Accomplished Monday . Walk the project corridor with the project team to review base maps and field verify assumptions. Mark up maps and take photographs to document discussions. . Meet with City and other appropriate agency staff to verify project assumptions and discuss potential design solutions. e Randy Ready Entrance to Aspen LRT . Mitigation Design for Urban Impacts Page 3 June 17, 1997 Tuesday through Thursday . Meet in small groups and individually with project stakeholders, opinion leaders, and others identified by staff in Task 1 to discuss project impacts and potential design solutions. . Take individuals and groups out to the project site for discussions as appropriate. . Prepare drawings of design solutions and alternatives to be discussed further. . Review work daily with City and other appropriate agency staff. Friday . Prepare for and conduct an informal open house to review the week's activities and provide an opportunity for additional community input. e Deliverables . Documentation of all meetings . Drawings of design solutions . Open house presentation materials Otak Fee: $14,000 plus expenses Task 3 - Design Report Preparation Purpose To prepare documentation ofthe design dialogue, including lists of participants, narrative discussion and design drawings. The design report would be used to communicate the communities' proposals for the mitigation of urban impacts to the project design team. Work to be Accomplished . Prepare mitigation design drawings from the drawings prepared in Task 2 . Prepare a design narrative . Prepare a list of participants . Prepare a draft report for City review . Prepare a final report for distribution by the City e Deliverables . Draft design report, one reproducible copy . Final design report, one reproducible copy Otak Fee: $15,000 plus expenses ...... e Randy Ready Entrance to Aspen LRT - Mitigation Design for Urban Impacts Page 4 June 17, 1997 Task 4 - Presentation of Design Report Purpose To present the findings of the design dialogue to the City Council and the citizens of Aspen, Work to be Accomplished . Present the design report to the Aspen City Council . Present the design report at an Open House Deliverables . Presentation graphics Otak Fee: $4,500 plus expenses e We look forward to continuing our relationship with the City of Aspen and are prepared to initiate the proposed scope upon receipt of notice to proceed. As we discussed, the week of July 7 or alternatively July 14 would be the best time to schedule the design dialogue in order to complete the design report for distribution prior to the FEIS public hearing. Please let me 'know if you would like additional detail. Sincerely, Otak, Incorporated er M. Millar, PE, AICP Principal p c. Stan Clauson Ralph Tahran - e . .. '. 1toa Au '} mdted To attend an informal "design dialogue" meeting hosted by members of the Entrance- to-Aspen Transportation Project team and City of Aspen staff to discuss the design of a prospective Moore Transit Station and a light rail system along Main, Monarch and Durant Streets to Rubey Park. Several opportunities for co=unity interest groups to discuss questions and concerns specifically related to the rail alignment in Aspen and the design of the Moore Transit Station have been scheduled during the week of July 14. Please see the complete focus group schedule on the other side of this invitation and choose the group that most closely describes your interest. If you cannot personally attend, please feel free to pass this invitation along to a representative. All meetings will be held in the downstairs meeting room at the Hotel Lenado (200 S. Aspen Street). The open house on Friday, July 18 will be held at the Hotel Aspen (110 W. Main Street). These conversations are being held at this early point in the planning process to build a better understanding of the impacts and opportunities associated with light rail and to provide extensive local input into the preliminary engineering process to follow. What . do you think? What should stations look like? How can Main Street become more pedestrian friendly? What are the potential design solutions for LRT impacts on parking, access, and landscaping? Which issues are of most importance to you? Later this su=er the Colorado Department of Transportation (CDOT) will release the Final Environmental Impact Statement (FEIS) for the Entrance-to-Aspen. This document will describe a preferred alternative and identify impacts associated with either a center or south side alignment on Main Street. However, as is entirely appropriate in an FEIS document, specific design and mitigation solutions will not be reco=ended. We need your active participation in identifying issues and designing the best possible transportation system. RSVP by Monday, July 14 to the City Manager's Office at 920-5212 and indicate which meeting you will be attending. If none of the meetings scheduled during the week of the 14th works for you, please let us know so we can arrange a more convenient time to meet with you later this su=er. Thanks in advance for your interest and participation. '::>"'''--" ~ ~. ENTRANCE TO ASPEN TRANSPORTATION PROJECT ASPEN RAn.. ALIGNMENT AND MOORE TRANSIT STATION FOCUS GROUP MEETING SCHEDULE All events will be held in the Hotel Lenado unless otherwise noted. Refreshments will be served. 8:30 am-lO:OO am 11:30 am-1:00 pm 2:00 pm-3:30 pm 5:30 pm-7:00 pm 7:00 am-lO:OO am 2:00 pm-3:30 pm . 5:30 pm-7:00 pm 11:30 am-1:00 pm 2:00 pm-3:30 pm 3:30 pm-4:30 pm 5:30 pm-7:00 pm Tuesday. July IS OFFICE AND PROFESSIONAL FOCUS GROUP (#1) LODGE FOCUS GROUP (n) CASTLE CREEK TO 7TH AND MAIN FOCUS GROUP (#3) RETAIL AND RESTAURANT FOCUS GROUP (#4) Wednesday, July 16 FIND ANOTHER WAY DAY: Join us for a community celebration of alternative transportation including free breakfast, live music, prizes and information booths in Paepcke Park. MONARCH AND DURANT FOCUS GROUP (#5) MAIN STREET RESIDENTS FOCUS GROUP (#6) Thursday. July 17 COMMERCIAL CORE FOCUS GROUP (#7) (Including citizen boards and commissions) MOORE TRANSIT STATION FOCUS GROUP (#8) ARTS, RECREATION, INSTITUTIONS AND NON-PROFITS FOCUS GROUP (#9) WEST END NEIGHBORS AND OTHER INTERESTED PARTY FOCUS GROUP (#10) Friday, July 18 (All events will be held in the Hotel Aspen, 110 W. Main Street,) 12:00 pm-12:45 pm SLIDE PRESENT A TION: Using Rail to Preserve Places People Care About. Ralph Tahran and Roger Millar of Otak, Inc., and Stan Clauson, Director of Community Development for the City of Aspen 12:45 pm-I:OO pm e 1:00 pm-3:00 pm FIND ANOTHER WAY DAY AWARDS PRESENTATION OPEN HOUSE (An informal review of the week's activities and an opportunity for additional community input)