HomeMy WebLinkAboutresolution.council.077-97
RESOLUTION NO. '1'1
(Series of 1997)
A RESOLUTION APPROVING AN AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND WRC ENGINEERING,
INC., SETTING FORTH THE TERMS AND CONDITIONS FOR THE ASPEN MOUNTAIN
DRAINAGE BASIN MASTER PLAN BASIN STUDIES AND BASIN DELINEATION
MAPPING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT
ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council an engineering services
amendment between the City of Aspen, Colorado and WRC Engineering, Inc., a copy of which
amendment is 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 for Part-One
engineering services in the form of an amendment to on-call professional services agreement
between the City of Aspen, Colorado, and WRC Engineering, Inc., regarding the Aspen Mountain
Drainage Basin Master Plan, 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 amendment to agreement on
behalf of the City of Aspen.
Dated: ~
, 1997.
~15~
John s.f ennert, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of at resolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held as- , 1997.
~cle1 ~-
RES-006
AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES
AGREEMENT
THIS AMENDMENT, made this day of ,1997, by and between the City of
Aspen, Colorado and WRC Engineering, Inc., a corporation organized and existing under the laws of
the State of Colorado, doing business as consulting engineers in the City of Denver, State of Colorado.
WITNESSETH:
WHEREAS, the City of Aspen desires to obtain professional services in connection with
preparation of the Aspen Mountain Drainage Basin master plan,
WHEREAS, this amendment will allow for adjustment in purchasing limit set for the
professional services agreement, dated June 20, 1996, for hydrology consulting engineering practices,
NOW, WHEREFORE, in consideration of the promises and obligations set forth below, the parties
agree as follows:
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Scope of services
In connection with the project and as requested by the City, the consultant shall undertake and perform
in a satisfactory, proper, and complete manner, as determined by the City, the duties and
responsibilities described in written proposal, prepared under the guidelines set forth in the agreement,
as Exhibit AI, attached hereto and incorporated herein by reference. The engineering fees for the Part-
One professional services are estimated to be $54,200.00 and will include the production of drainage
basin maps and preliminary master plan reports.
IN WITNESS THEREOF, the City of Aspen and WRC Engineering, Inc., have executed, or caused to
be executed by their duly authorized officials, this amendment in two copies of which shall be deemed
an original as of the date first above written.
ATTESTED BY:
CITY OF ASPEN:
City Clerk
City Manager
APPROVED AS TO FORM BY:
CONSULTANT:,
City Attorney
Legal Business Representative
Legal Business Representative
WRC97-01
UJ (" ~NGIN~~~ING, I~.
August 21, 1997
Mr. NicJc Adeh, P.E.
Aspen City Engineer
130 South Galena Street
Aspen, Colorado 81611
WRC File: 1963/3
RE: Engineering Services Proposal for
Aspen oumain Drainage Basin Master Plan
Dear Mr. Adeh:
--~
Per your request. enclosed here is WRC Engineering, Inc. 's (WRC) proposed Scope of Services and
fee proposal for preparation of the As Mountain Drainage Basin Master Plan. OUr proposed Scope of
Services and Fee proposal is based upo your letter to us cIated June 9, 1997, and our meeting discussions on
August IS, 1997. We anticipate that th project will be completed in two steps. Step One would include the
oecessaI}' data" collection and field reco . ' e to clearly identify and delineate the various sub-waterSheds
which contribute runoff to the Aspen M . watershed area. Step two wOuld include preparation of the final
Master Plan and Dc:sicn Criteria to se . as the basis for implementation of the improvement proposed in the
Master Plan. For purposes of this pr posal, the Aspen Mountain WaterShed is delineated on the ~uached
Figure-I. wac proposes to master pI the area crosshatched on Figure-I.
Part 1:
Data CoJIection, ppJng, and Preliminary Master Plan
Based upon the above, we pro se the following Scopc-of-5ervices.
SCOPE OF SERVlCRc;
A. Project Coord' 'on. WRC will coordinate with the City Staff and others as needed
to complete S One. This task anticipates attendance at three progress meetings
with the City others if requested by the City. During these meetings, WRC will
request availa Ie data related to this project be provided by the City.
B. Project Mapp - WRC will utilize the City's 2.foot contour mapping for all areas
covered by . mapping. We understand that pan of the project areA within the City
proper is n covered by said mapping. For this area, we will utilize field
reconnaiss if possible to delineate watershed boundaries. If DO( possible, we have
included as separate item the cost to map said area within our project limits
(estimated as . bout 1'0 acres).
CONSULTING ENGINEERS
950 SOUTH CHERRY STREET' SUITE 404 · DEN ER. COL.ORAOO 80222. (303) 757-8513. FAX (303) 758.3208' wrcQng@saZ'f.nel
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Mr. Nick Adeh. P.E.
August 21. 1997
WRC File: 1963/3
Page 2
For the mou in area not covered by the City's 2-foot contour mapping, we will
contact the n Ski Company to ascerr.ain if mapping of the mountain is available.
If not. we will utilize the USGS mapping in cOl\junction with aerial photographs and
field reco. to delineaIe watershed boundaries. If any of these effons do not
allow a reaso 'bly accurate delineation of watersheds, then we would request the City
to map said as. Said mappin, would be done at a 10-fOOt contoUr interval with 5-
foot interme :ate contours in critical and flatter slope areas. The cost for this
additional ing is included as a separate item in our proposal.
C. issance - WR.C will coDduct a tleld reconnaissance to defme/retlne
watershed b dary delineations. During this field reconnaissance, WRC will
inventory visi Ie drainage sttucmres and estimate sizes of below grade facilities (i.e.
storm sewers) WRC will utilize any available date from the City to identify existing
storm sewer drainageway systems. For areas where minimal data is available,
surveying of storm sewer systemS, if needed, will be included in Step Two of this
process. All ormation from the field reconnaissance will be provided to the City
in a field inve tory notebook for future use by the City.
D. Watershed ineations - WRC wiJI utilize data provided by the City. available
mapping, aet photographs. and field reconnaissance information to delineate
watershed sub-watershed boundaries. Drawings showing the watershed
delineations w' be provided to the City for review and.comment. These delineations
will be. based upon minor storm (less than lO-years) flow paths. WRC will also
indicate wh ' these delineations may change based upon a major storm event (i.e.
tOO-year) sis.
E. Initial Conclu, ing Report. WRC will provide a letter report which documents the
work comp 'and present the watershed delineation maps.
F. Public Partici ation - WRC will work with the City to develop a plan aimed at
securing publi input and participation of aU interested parties in development of the
Stonnwater aster Plan. For this task, we anticipate three to four meetings with a
designated re ew group or c'Omlniuee.
G. Hydrology - RC will prepare a hydrologic analysis of the study area watershed for
a 5-year and 1 year storm event. In addi1ion, WR.C will prepare a monthly estimate
of precipitatio , snowmaking, and snowmelt to estimate the likely range. of amounts
of ground infiltration in the ~pen Mountain Watcr$h~.
H. RC will CQDttaet with a local surveying firm to perform surveys of
those stonn , er systems for which both a) inadequate information existS by which
to make a reas able capacity estimate, and b) the system is a critical component for
draining an. ntified problem area. This work would only be completed after
consultation th the City.
Mr. Nick Adeb. P.E,
August 21, 1997
WRC File: 1963/3
Page 3
K. Identification . WRC will compare the sub-watershed flows to the
available conveyance systems to determine the potential drainage
The debris/mud flow analysis will identify areas potential subject to
5.
C will prepare an estimate of the hydraulic capacity of existing stonn
and draiDageways to determine their potential for nmoff conveyance.
1.
J. DcbrislMud ow Analysis - WRC will prepare an analysis which will estimate the
potential debri and mud flow which could occur during precipitation and snowmelt
events.
L. velopment - WRC will develop viable alternative plans to solve and
relieve exi' capacity. flooding and debris/mud flow problems, together with
conceptual co t estimates for each alternative plan. Emphasis will be placed on
developing aI lives which minimize CODStIUction and fiscal impacts to the City.
Said altemati will be presented to the City for selection of a recommended plan,
N. Master Plan Report - WRC will prepare a Preliminary Stonnwater Master
Plan Report hich presents the analysis, findings, and conclusions of said study
including the ncepmal design drawm,s of the recommHlrled improvemems. A draft
of said report ill be provided to the City for review and comment.
M. Com;cptual iJIl- WRC will perform a conceptUal design of the se1ecu:d alternative
improvements and estimate the probable construction costs for said improvements.
C.
Report - Upon receipt of the commentS from the City, WRC will
report and submit it to the City.
Part 2:
FiDa1 Master
A.
B.
dum - All relevant supporting data and analysis (i.e. computer
be provided in a TechDical Addendum. separate. from said final
. on - WRC will, at the request of the City, anend the City Council
to such an adoption.
D . Project . on . WRC will coordinate the prepamtion of a Design Criteria with
the City stat and representatives of affected groups as selected by the City. We
anticipate d1r meetings for this effort concurrent wirh the Master Plan meetings.
E.
. WRC will receive input from the City as to the critical issues to be
Design Criteria. WRC will then assimilate information and data
'tical issues.
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Mr. Nick Adeh. P.E.
Augusl21. 1997
WRC File: 1963/3
Page 4
F. Criteria Prep
to develop re
For non-cri .
criteria for .
H.
tion - WRC will utilize the information collected on the critical issues
nable and sound engineering design guidelines for the critical issues.
issues, WRC will assimilate design guidelines from other design
rporation into the City's Design Criteria where applicable.
G. Draft Design rireria. wac will prepare a draft Design Criteria document for City
distribution to intereSted parties for review and comment.
I. Computer M
of several
and design.
DEI,IVERABLES
The following is a list of the P
riteria - Upon receipt of c(,\mm~~ on the draft criteria. WRC will
Design CriJ.eria Document which incorporates those changes desired
ling . WRC anticipates that: the Design Criteria will require the use
ter programs for review and checking of stormwater facility analysis
1. Base mapping in AutoC 12 or other compatible format depend.ing on the available mapping
source(s).
2.
3. Five copies of the Step
4.
s.
Facilities Inventory.
concludq report.
ater Master Plan (Draft and Final).
6. One rq>roduciblc copy 0 the Draft Design Criteria.
7. One reproducible copy 0 the Final Design Criteria.
8.
Computet system inclu .
WRC to perform the
as dccmcd appropriate,
both hardware and input! ouq>ut from software programs utilized by
work. This should allow the City to perform future calculations
after the applicable software programs are secured by the City.
Mr. Nick Adeh, P.E.
August 21, 1997
WRC File: 1963/3
Page 5
FEE ESTIMA TF.
A. $3,300.00
B. $1,600.00
C. $3,400.00
D. $2,400.00
E. $1,600.00
F. $4,200.00
G. Hydrology $4,400.00
H. Surveying $3,000.00*
l. Hydraulics $2.700.00
J. $2,700.00
K. $2,000.00
L. Alternatives $5,100.00
M. $14,300.00
N. $3,500.00
Part 1: Sub-Total $S4,200.oo
Part 2: Fmal Master Plan
A. Master Plan F' $1,800.00
B. $900.00
C. $1,000.00
D. $2,400.00
E. Data Collection $1,400.00
F. Criteria .Prepara on S10,loo.oo
~
fees for said work taSks to be as follows:
Mr. Nick Adeh, P.E.
August 21, 1997
WRC File: 1963/3
Page 6
GRAND TOTAL
$3,000.00
$2,500.00
$26,300.00
$80,500.00
"-
I.
Part 2: Sub-Total
*We cannot accurately estimate the cost of this item at this~. We plan to bill for this item the cost
incurred by the swveyiDg firm pedo 'ng this work without any markup by WRC.
We propose to perform the fi Uowing identified potential additional work tasks for the following
engineering fee's:
l.
2.
2-foot contour map (a out ISO acres of the City)
10-foot contour map Aspen Mountain (about 1,000 acres)
$9,700.00
$4,700.00
Total $14,400.00
The above cost for topograpbi mapping includes flying and mapping for each area. separately. The
City is to provide information related ground contrOls. In the event mapping for both areas is prepared
concurrently" the total cost will be red' from $14,400 to $12,700.
In summary, WRC proposes perform Pan 1 and Part 2 work tasks for a DOHO-exceed fee of
$80,500. WRC proposes to perform identified potential additional work tasks for a Dot-to-exceed fee of
$14,400 and only upon prior approval fthe City.
We appreciate the opportunity
and requirements. If you have any q
to complete Part I to be four months and Part 2 to be three months.
anticipated 'to add three weeks and six, weeks, respectively to the
We amicipate the time requ'
The idmtificd potential work tasks
schedule.
present this proposal and hope that it meets with your expectations
'ODS, please do DOl hesitate to call.
Respectfully submitted.
WRC ENGINEERING, INC.
Alan J. Leak, P .E.
Project Manager
AJUjlb
, AttaChment
.. '.",,-, _., \...i.~ ".:_._:"--,... ,,-,' .. " "-' --.' '-__ , __ '-' _.;-. __
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, entered into thisZt2..J:h;Jay of ll../At!, , 1996, by and between the City of
Aspen, State of Colorado (herein referred to as the "city"), and WRC Engineering, Inc. , a
corporation organized and existing under the laws of the State of Colorado, doing business as Consulting
Engineers in the City of Denver , State of Colorado , (hereinafter referred to as the
"Consultant").
WITNESSETH:
WHEREAS, the City desires to obtain Professional Engineering services in connection
with its Proiects which the City Engineering Department will conduct during 1996, and
WHEREAS, the City desires to engage the Consultant to render certain professional advice and
assistance in connection with such undertakings of the City; and
WHEREAS, the Consultant wishes to provide said professional services to the City and is fully
qualified to perform the Hvdrolol!V and Flood Control design and inspection services needed by the .
City,
NOW, WHEREFORE, in consideration ofthe promises and obligations set forth below, the parties
agree as follows:
Scope of services In co~ection with any project, when requested by the City, the Consultant shall
undertake and perform, in a satisfactory, proper, and complete manner, as determined by the City, the
duties and responsibilities described in separate written proposal(s), prepared under the guidelines set
forth in this agreement, as Exhibits AI, Az, ....., etc., attached hereto and incorporated herein by
reference.
Extra services Upon the express written request of the City, the Consultant shall perform services
beyond the scope of the duties and responsibilities described in Exhibits AI, Az, ....., etc. The
Consultant shall charge the City for such extra services, in accordance with the provisions of Exhibit B of
this agreement, attached hereto and incorporated herein by reference.
3. Schedule The Consultant's services are anticipated to be provided from time to time over the
course of 199X. The Consultant shall provide such services only upon the express written direction of
the City at such times as are necessary in order to promote the smooth progress of the project(s).
4. Payment The City shall pay the Consu~ltant on the basis of applicable time spent and .work
performed in connection with each specific project in accordance with the billing rates specified in
Exhibit B of the agreement. Unless servicd.3 in addition to those specified in paragraph One (1.) ofthis
agreement are agreed to by the City in writing, the total aggregate amount paid by the City to the
~ Consultant pursuant to this agreement shall not exceed the sum of$25.000.00 for each project. In
calculating the time each employee of the Consultant devotes to a specific project, the time the employee
spends traveling between the office and the project site in connection with the work performed on the
project shall be paid for as employee time spent on the project for one direction per day. No other travel
time charge or mileage of any kind shall be paid by the City. It is understood by the parties that the billing
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rates set forth in Exhibit B are the only amounts which are to be charged by the Consultant to the City.
No other personnel categories of the Consultant shall charge time to the City. Direct expenses incurred by
the Consultant in connection with each project shall be charged to the City on the basis of the actual cost
to the Consultant.
5. Method of payment The Consultant shall bill its charges to the City periodically, but no more
frequently than once per month. The itemized invoices from the Consultant shall be prepared in
accordance with Exhibit B and shall include the following:
a. Separate invoice for each project or assignment shall be submitted. Each such invoice shall
include project name, location, date(s), time(s), a description of services performed and the name of each
employee who performed such services.
b. A list of the names of the Consultant's employees who worked on the project during the billing
period, the amount of time each worked, the day(s) that occurred, and the associated billing rate category
for each employee.
c. An itemized list of reimbursable expenses and copies of invoices for each outside service
obtained or material purchased.
d. An itemized list of vehicle miles and locations traveled.
The City shall pay each bill in full within 45 days of its receipt.
6. Purchase of services: Limitation on a2gre2ate amounts . The City Engineering Department
is authorized to obtain fee proposals from the Consultant on particular projects which may be performed
by the Consultant under this agreement and to purchase services from the Consultant for each project to
be performed by the Consultant so long as the estimated cost of any individual project does not exceed
$25.000.00. The issuance of a purchase order by the City for the services, followed by a written notice to
proceed from the City Engineering Department shall constitute the official notice to proceed. The
Consultant's fee proposal and the City's purchase order shall indicate the total estimated compensation
anlOunt for that particular project, however, compensation by the City will be made only for actual
services rendered. The Consultant shall not automatically earn the amounts of money set forth in the
purchase order.
7. Covenant against contine:ent fees The Consultant warrants that it has not been
employed or retained by any company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this agreement, that it has not paid or agreed to pay any brokerage fee, gifts
or any other consideration contingent upon or resulting from the award or making of this agreement. For
a breach or violation of this agreement without liability, 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.
8. Independent consultant 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. The Consultant 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
the Consultant shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is
Page 2
interested only in the results obtained under this agreement. The manner and means of conducting the
work are under sole control of the Consultant. None of the benefits provided by the City to its employees
including, but not limited to, workers' compensation insurance and unemployment insurance. are
available from the City to the employees, agents or servants of the Consultant. The Consultant shall be
solely and entirely responsible for its acts and for the acts of the Consultant's agents, employees, servants
and subcontractors during the performance of this agreement. The Consultant shall indemnify the 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 the Consultant and/or Consultant's employees engaged in the
performance of the services agreed to herein.
9. No guarantee of work This agreement does not commit the City to guarantee to the
Consultant any work or payment if the City chooses not to utilize the professional services of the
Consultant. The City may assign any project to the Consultant or to any other person or entity at the sole
and absolute discretion of the City.
10. Termination
a) This agreement may be terminated by either party for a material breach of this agreement by the other
party not caused by any action or omission of the terminating party by giving the other party written
notice at least seven (7) consecutive calendar days in advance ofthe termination date. The tennination
notice shall specify in reasonable detail each such material breach. If this agreement is so terminated by
the Consultant, the Consultant shall promptly deliver to the City, all finished or unfinished drawings,
computer programs, computer input and output, analyses, plans, photographic images, tests, maps, and
wTitten and electronic/digital materials of any kind generated in the performance of its services under this
agreement up to and including the date of termination. Termination pursuant to this subsection shall not
prevent either party from exercising any other legal remedies which may be available to it.
b) In addition to the foregoing, this agreement may be terminated by the City for its convenience and
without cause of any nature by giving the Consultant at least seven (7) consecutive calendar days in
advance of termination date. In the event of such termination, the Consultant will be paid for all services
rendered to the date of tennination, and upon such payment, all obligations of the City to the Consultant
under this agreement will cease. Furthermore, in the event of such termination, the Consultant shall
promptly deliver to the City all finished or unfini~h~d drawings, computer programs, computer input and
output. plans, photographic images, analyses, tests, maps, and written and electronic/digital materials of
any kind generated in the performance of its services under this agreement up and including the date of
temlination. Termination pursuant to this subsection shall not prevent either party from exercising any
other legal remedies which may be available to it.
11. Suspension Without terminating this agreement or breaching the obligations hereunder, the
City may, at its pleasure, suspend the services of the Consultant hereunder. Such suspension may be
accomplished by giving the Consultant written f}olice five (5) consecutive calendar days in advance of the
suspension date. Upon receipt of such noticle, the Consultant shall cease its work in as efficient manner as
possible so as to keep its total charges to the City for services under the agreement to the minimum.
12. Chan2:es The City may, from time to time, request changes in the scope of services of the
Con5ultant to be performed hereunder. Such changes, including any increase or decrease in the amount of
the Consultant's compensation, which are mutually agreed upon between the City and the Consultant,
shall be in writing and upon execution shall become part of this agreement.
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13. Ownership of documents All work notes, reports, non-proprietary computer programs,
computer input and output, analyses, tests, drawings, specifications, guidelines and other documents or
materials prepared by the Consultant in connection with this agreement are and shall remain the sole
and exclusive property of the City. The Consultant shall not provide copies of any material prepared
hereunder to any other party without the prior written consent of the City.
14. Audit The City or any of its duly authorized representatives shall have access to any books,
documents, papers and records of the Consultant which are pertinent to the Consultant's performance
under this agreement, for the purpose of making an audit, examination, or excerpts.
15. 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 agreement. The Consultant
agrees to meet all of the requirements of the City's municipal code pertaining to non-discrimination in
employment.
16. Waiver The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of
this agreement can be waived except by the written consent of the City, and forbearance or indulgence by
the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be
performed by the Consultant to which the same may apply and, until complete performance by the
Consultant 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.
17. Laws to be observed The Consultant shall be cognizant of all Federal and State laws and
local ordinances and regulations which in any manner affect those engaged or employed in the work or
which in any manner affect the conduct of work, and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same, and shall at all times observe and comply with all such
existing laws, ordinances, regulations, and decrees and shall protect and indemnify and hold harmless the
City in any claim or liability arising from or based on the negligent violations of any such laws,
ordinances, regulations, orders or decrees, whether by itself, its subcontractors, agents, or employees. The
Consultant agrees to pay costs and reasonable attorney fees incurred by the City as a result thereof. In
addition, the inclusion of this paragraph shall not Ji!llit any common law remedies or indemnification that
the City may have.
18. Permits and licenses The Consultant shall procure all permits, licenses and certificates, pay
all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution
of its services.
19. Patented devices. materials and processes The Consultant shall hold and save harmless he
City from any and all claims for infringement, by reason of the use of any patented design, device,
material, process. any trademark or copyright, and shall indemnify the City for any costs, expenses and
damages which it might be obligated to pay by reason of infringement, at any time during the prosecution
or after completion of the work.
20. Indemnification The Consultant 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,
Page 4
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which may arise out of or are in any manner connected with this agreement, 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 sub-
consultant or sub-contractor of the Consultant, or any officer, employee, representative, or agent of the
Consultant or of any sub-consultant or sub-contractor of the Consultant, or which arises out of any
workman's compensation claim of any employee of the Consultant or ofa sub-consultant, or sub-
contractor of the Consultant. The Consultant 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
Consultant, or at the option of the City, agrees to payor reimburse the City for defense costs incurred by
the City in connection with any such liability, claims, or demands. The Consultant also agrees to bear all
other costs and expenses related thereto, including court 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 Consultant for the portion of the judgment attributable to such act, omission, or other fault of the City,
its officers, or employees of indemnification that the City may have.
21. Insurance The Consultant 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 Consultant pursuant to Section 8 above. Such insurance shall be in addition to any other
insurance requirements imposed by this agreement or by law. The Consultant shall not be relieved of
liability, claims, demands, or other obligations assumed pursuant to Section 6 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, durations or types. Additionally, the Consultant shall procure and maintain, and shall
cause any sub-consultant or sub-contractor of the Consultant to procure and maintain same insurance
coverage(s) mentioned in this agreement.
a) Workman's compensation:
1. Each accident: Five hundred thousand dollars ($500,000)
2. Disease - policy: Five hundred thousand dollars ($500,000)
3. Disease - Each employee: Five hundred thousand dollars ($500,000)
b) Commercial general liability:
1. Minimum combined single limits - each occurrence;
2. Aggregate limit;
One million dollars ($1,000,000)
One million dollars ($1,000,000)
c) Comprehensive automobile liability:
1. Minimum combined single limits or bodily injury & property damage - each occurrence;
One million dollars ($1,000,000)
2. Aggregate limit; One million dollars ($1 ;000,000)
!
These limits shall be with respect to each Consultant's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a severability
of interests provision. If the Consultant has no owned automobiles, the requirements of this sub-
section shall be met by each employee of the Consultant providing services to the City under this
agreement.
Page 5
d) Professional liability:
1. Minimum limit - each claim;
2. Aggregate limit;
One million dollars ($1,00,000)
One million dollars (1,000,000)
e) Valu~lble papers: Furthermore, the Consultant shall carry valuable papers insurance in an amount
sufficient to assure the restoration of any plans, drawings, field notes, or other similar data related to the
'services covered by this agreement in the event of their loss or destruction until such time as the final
submission by the Consultant has been made and accepted by the City.
t) City protection by the Consultant's Insurance: The policy or policies required above shall be
endorsed to include the City and the City's officers and employees as additional insured. 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 insurance to that provided by the Consultant. The Consultant shall be solely responsible for
any deductible losses under any policy required above.
g) Certificates: Certificates showing the Consultant is carrying the above described insurances shall be
furnished to the City prior to execution of this agreement by the City.
h) Other Protections provided to the City: The parties hereto understand and agree that the City is
relying on, and does not waive nor intend to waive by any provision of this contract, the monetary
limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,C.R.S.,
as from time to time amended, or otherwise available to the City, its officers, or employees.
22. 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 the Consultant for inspection during normal business hours. The City
makes no representation whatsoever with respect to specific coverages offered by CIRSA. The City shall
provide the Consultant reasonable notice of any changes in its membership or participation in CIRSA.
23. 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:
Nick Adeh. City Engineer
City of Aspen
130 South Galena Street
Aspen. Colorado 81611
Consultant:
A. s. ~N/)/lSWS .-:::rfte"\lDE:NT
-
\).lite.. EtoJC;fNc;'E~lN~ -' I.NC.
qso SOlJT~ C""R..R.'Y ST'It~T. S-1'TE 404
De:~hlER. ,COLo~O l;'ot;2
/
24. Assi2:nabilitv Any assignment or attempted assignment of this agreement by the Consultant
without the prior written consent of the City shall be void; provided, however, that claims for money due
or to become due the Consultant from the City under this agreement may be assigned to a bank, trust or
any other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such
assignment or transfer shall be furnished to the City at least 30 days in advance.
Page 6
25. Governinl! law This agreement has been executed by the parties hereto on the day and year
first above written and shall be governed by the laws of the State of Colorado. The Consultant shall
comply with all applicable statues, ordinances, and codes of the City and shall commit no trespass on any
public or private property in the performance of any of the work embraced by this agreement.
26. Extent of a2reement This agreement represents the entire and integrated agreement between
the City and the Consultant and supersedes all prior negotiations, representations or agreements, either
written or oral. This agreement may be amended only by written instrument signed by both the City and
the Consultant.
27. Other provisions
IN WITNESS WHEREOF, the City and the Consultant 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 as of
the date first above written.
ATTESTED BY:
*#~ci!i:
APPROVED AS TO FORM BY:
~f~ I/J6
CONSULTANT:
By: \.\. Ui~ ~~;cWt-
· Legal Business Represefttative .
~Q..~ ~~""c.c.Y"'~ I l..'t\C'
A~~J By:
Se Co,...J..,.
siness Representative
r60llortt:t'
E:-;GSY.02
Page 7
~~"_.'~
,
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w~c !;NG!N(;~~ING, I~(.
WRC Form 20: 04/%R
CURRENT FEE SCHEDULE
(EFFECTIVE DATE 04/01196)
PERSONNEL SERVICES
RATE I HOUR
A.
Principal Enginet:r
Senior Associate Principal Engineer
Associate Principal Engineer
Senior Water Resources/Civil Engineer
Senior Design Engineer
Water Resources/Civil Engineer-III
Design Engineer-ill
Water Resources/Civil Engineer-II
Des ign Engi.."1eer-II
Water Resources/Civil Engineer-I
Design Engineer-I
Engineering Technician-IT
Engineering Tcchnician-I
CAD TechrJcian-II
CAD Technician-I
Draftsperson
Clerical/Secretary-IT
CI erical/Secretary-I
$ 100.00
$ 90.00
$ 80.00
$ 70.00
$ 70.00
$ 65.00
$ 65.00
S 60.00
S 60.00
S 55.00
$ 55.00
$ 45.00
S 42.00
$ 45.00
$ 42.00
$ 38.00
$ 32.00
$ 30.00
B. TRAVEL & TRANSPORTATION EXPEL~SE
Travel Expenses, Lodging and Subsistence
Automobile
At Actual Cost
$ 0.30iMile
C. OTHER REIMBURSABLE COSTS
Long Distance Telephone and Postage
Filing Fees and Permits
Maps. Reports, and Other Documents
Duplicating 8-112" x 11"
Duplicating 8-1/2" x 14"
Duplicating 11 ~ x 17'
Blueline
SepiaIV ellum
Sepia/Mylar
BondfPlotter
VellumJPlotter
Mylar/Plotter
FAX
Special Supplies
PA~~~CHEDULE
At Acrual Cost
At Actual Cost
At Actual Cost
$ a.lS/Sheet
$ O.15/Sheet
$ a.30/Sheet
$ 0.30/Square Foot
$ O.50/Square Foot
S Loo/Square Foot
$ 1.001 Square Foot
$ 2.CO/Square Foot
$ 3. CO/Square Foot
$ a.SO/Sheet
At Actual Cost
D.
Fees abd all Olher charges wHI be billed monthly as the work progresses and the amount of each
billing shall be due and payable thirty (30) days after the date of such billing. Any portion of
a bi II not paid within 30 days of the billing date is subject to an additional charge of one percent
(1 %) per month (annual percentage rate of 12 %) on the unpaid balance.
CONS~LTING Ef\:C1tJEE=lS
;l~,= se")Lj-" :::f-'EilR'r ,;iP=.ET. StllTE .Ii;':. :J~~...\lf~. ;~OL;')HACC 8822:. (J,~'3' 7::7.HY;: . .:.:ox. 13011 7~a.J21J:i
r~.4tPI. ~~~~I~IW~~
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
V..an
Gi Ider Insurance Corp
9roadway, Suite 1000
er, CO 80203
WRC Engineering, Inc.
950 S. Cherry Street, #404
Denver, CO 80222
COMPANY
A Hartford Fire Insurance CO.
COMPANY
B
303-837-8500
INSURED
COMPANY
C
THIS IS TO CERTIFY THA T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOLICYPERIOD
INDICA TED,NOTWITHST ANDING ANY REQUIREMENT, TERMOR CONDITION OF ANYCONTRACTOROTHERDOCUMENTWITHRESPECTTO WHICH THIS
CERTlF1CA TE MA Y BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POUCY EXPIRATION
DATE (MM/DDIYY) DATE (MM/DD/YV)
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
GARAGE LIABILITY
ANY AUTO
GENERAL AGGREGATE S 2000000
5/04/96 5/04/97 PRODUCTS.COMP/OP AGG S 2000000
PERSONAL & ADV INJURY S 1000000
EACH OCCURRENCE S 1000000
FIRE DAMAGE (Anyone fire) S 300000
MED EXP (Anyone person) S 10000
COMBINED SINGLE LIMIT S
BODILY INJURY S
(Per person)
BODIL Y INJURY S
(Per accident)
PROPERTY DAt.AAGE S
AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EACH OCCURRENCE S
AGGREGA TE S
S
STATUTORY LIMITS
EACH ACCIDENT S
DISEASE. POLICY LIMIT S
DISEASE. EACH EMPLOYEE S
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY BINDER 279511
CLAIMS MADE W OCCUR
OWNER'S & CONTRACTOR'S PROT
SUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
.~ SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
RXCESS LIABILITY
UMBRELLA FORM
OTHER THAN Ut.ABRELLA FORM
\ WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCL
I PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONSn..OCATIONS/VEHICLES/SPECIAL ITEMS
The certificateholder is an Additional Insured as respects Commercial General
Liability
~i.1fl$...lg:H9.GggR:::
.. ..
.....................................................................................
.......................................... .
...........................................
.........................-........P...........................................
...............::::,',:::::m::::::{t::::@::{m:::{jANq~).;t!Q~t:::::::::::{{::{:::t:::{{:t:::{m::j::::tt{{{mtt@::)::'}:):}:::=:::=:::=??@ttttttt:{:ttt:{mttm:(
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCBJ..ED BEFORE THE
Arapahoe County
ATTN: Lou i se
5334 South Prince
Littleton, CO.
I
ACORD 2S.S(3J93)
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIU. ENDEAVOR TO MAIL
30 mEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FALU TO MAIL SUCH NOTICE SHAll. IMPOSE NO OBLICATlON OR LIABILITY
OF ANY KIN UPON THE COMPANY, ITS ACENTS OR REPRESENTATIVES.
R SENTATIVE
~ 094607000
::':=:<~6C6RP6RAnohJglH:
80166
HAU~Z
CERTIFICATE OF INSURANCE
issued by the
COLORADO COMPENSATION INSURANCE AUTHORITY
720 South Colorado Blvd, Denver, Colorado 80222, (303) 782-4000
MAIL TO:
CERTIFICATE HOLDER:
TO WHOM It:MAy:,qpNC~R:N:
, CO 80121
..............
...............
.. ...........
................
. . . . . . . . . . . . . . . .
...............
........." ....
..................
. . . . . . . . . . . .. . . .
...................
.............. ,".
....................
. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . - . . . .
. . . . . . . . . . . .. .. .....
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .. ..... .... ...
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........................
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to
1M FORTANT: T~~ CSOUv;~~~~gEg~:~~~A~~~.~~::.j~~~t~t;8~1~:.~~I~~:.g~]~:8f:[~~~:t~~!IFICATE
All policies are subject to the following provision of the Workers' Compensation Act with respect to
cancellation:
~
The issuance of this. 'certificate of insurance is subject to section 8-44-110 C.R.S. which requires that a
thirty (30) day nCj)tice of cancellation be given unless cancellation is based on fraud, material
misrepresentation, nonpayment of premium or any other reason approved by the Commissioner of
Insurance; in such instances, CCIA will provide a ten day notice of cancellation.
Alteration of this document is a criminal offense pursuant to Colorado Criminal Code 18-5-102: "A
person commits forgery, if, with intent to defraud, such person falsely makes, completes, alters,
or utters a written instrument which is or purports to be, or which is calculated to become or to
represent if completed: . . . a commercial instrument. . ."
Holders of this certificate may contact our Customer Service Department at 782-4000 to verify coverage
for the working classification listed on the back of this certificate. .
("SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL")
~.e-vtlll n....~:-. C .l.IL 1If1l !! (50s) 712.~D19
j!~i
1 'Hili
PL503121-01
Certificate
PROFESSIONAL LIABILITY
POLICY
1 Security Insurance Com pany of Harlfo<d
9 FlWm Springs Ortve . FlWmlnglDn CT 06032
POLICY lUMBER
CODE NO.
II The Connectla.ot indemnity Company
9 FlWm Springs [)rive . FlWmington CT 06032
~
eo..-c>Qe 10 ~ n the Company deoIgnaled by NI.mber
+- A Stock InIuIance Company and Mdmbeo 01 oron CaplIal CompanIes
GENERAL INSURING AGREEMENT
For the Ie. I renewal premium stated in Item 6 below and in reliance on statements you made in the Renewal Application and subject to aU the terms,
conditic,ns ;1 ~ld provisions of the policy, we agree to continue policy number PLS03121 . The endorsements listed in Item lla are attached to and
form part (1( the policy as of the inception date of the renewal period shown in Item 4. Except as modified by endorsements in lIb, aU other terms,
conditions.:xclusions and provisions of the policy apply during the renewal policy period.
GENERAL DECLARATIONS
ItefT -+ -
POLICY PERIOD:
WRC Engineering, Inc.
950 South Cherry Street
Suite 404
Denver, Colorado 80222
D Individual 0 Partnership ~ Corporation 0
Effective Date 04/11/95 expiration Date 04/11/96
(12:01 am Local lime at the Above Mailing Address)
Joint
Venture
Item
lAMED I.SURED:
Item ? -
MAILING ADDRESS:
Item 3 -
lAMED I.SURED IS:
Item 5 - LIMITS Of I.SURANCE AlIUAL
EACH ClAIM AGGREGATE
Professional Uability $ 500,000 I 1,000,000 $
Shared Expense See Endorsement n/ra $
Education Program Credits See Endorsement 11 $
LO.L Credits See Endorsement n/ra $
Special Coverage See Endorsement $
Other See Endorsement n/ra $
$
Subtotal $
Item 6 - TOTAL PREMIUM: $
Item 7 - DEDUCTIBLE: $ 20,000 Each aaim
PREMIUM
15,158
4-
[1,516]
4-
4-
4-
13,642
a'; ,.......,...,......,.,...,.......,.......,."...,.",...",.",...,..,.,..,.............,.,."..,...............,."..,......,.,.,...,.....,..",.......,.,.,.,......,...,.....,.,...".........,....,. .................................. :::::::::::::::::::::~::::::::::::::
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..-........0...........-:.:..-:.:-:,:-:-;.:.:.;.;.:.:.:.;.:.;.:-:.:.;.:-:.:.:-:.:.;.:.;.:.:.:.:
Item 10 -
Item 11 a -
RETROACTIVE DATE: 04/11/84
RENEWAL ENDORSEMENTS CARRIED FORWARD: DP7103-1 (01/91); DP7526-2 (01/92) DP7528-4 (06/93);
DP7518-2 (01/91);
Item 11b - RENEWAL ENDORSEMENTS NEW: DP7271-O (10/94); DP7272-1 (12194); DP7403-1 (01/91); DP7250-2 (11/93);
DP7122-1 (10/94):
PLEASE READ THE. POLICY CAREfULLY AND DISCUSS THIS COVERAGE WITH THE INSURANCE AGENT OR BROKER DESIGNATED
BELOW. THIS CERTIFICATE MES PART Of YOUR POLICY AND SHOULD BE ATTACHED THERETO.
Date Issued: 04118/95 MDB
Location: Den,er, Colorado
Agent Van Glider In
Countersigned by:
01'-6006-2 :05193)
.---.-
~
~
'Van Cilder Insurance @rporation
Brokers Since 1905
May 21, 1996
Andy Andrews
WRC Engineering, Inc.
950 S. Cherry St., #404
Denver, CO 80222
Re: Professional Liability Policy
Dear Andy:
I wish to confirm that coverage is bound with Security Insurance Company of Hartford
(administered in Colorado by Design Professionals Insurance Company), effective
April 11, 1996, for the following limits:
Professional Liability Including Environmental Coverage
$ 500,000 Each Claim
$1,000,000 Aggregate Limit of Liability
$ 20,000 Deductible, Each Claim
As a reminder, the $1,000,000 limit of Professional Liability does include claim
expenses.
You will recall that we provided quotations for higher limits of liability. If you should
decide in the future that you wish to increase the policy's limit of liability, please
con tact us. .
Weare enclosing a finance agreement with Imperial Premium Finance, Inc. (IPF)
Please sign the agreement and return along with your check for the initial payment,
payable to Van Gilder Insurance Corpor~tion. You will be billed by IPF for the
remaining installments. In order for them to process your contract, please return the
signed agreement and your check by June 1, 1996.
We appreciate the opportunity to provide this important coverage for your firm and
look forward to talking wi th you at any time we can be of service.
SiJi:
Ginny Mc~rland
Commercial Services Technician
GM:jon
700 Broadway, Suite 1000, Denver. CO 80203 · 303/837-8500 · FAX 303/831-5295
Member of .~