HomeMy WebLinkAboutresolution.council.026-93
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RESOLUTION NO. 26
Series of 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN SCHMUESER
GORDON MEYER, INC. AND THE CITY OF ASPEN, COLORADO, 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 Schmueser Gordon Meyer, 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 COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that professional
services agreement between Schmueser Gordon Meyer, 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.
INTRODUCE~D ADOPTED by the City Council of the City of Aspen
on theA day of 1993.
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hn S. 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 6f'Aspen, Colorado, at a meeting held on the day hereinabove stated.
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Contract Documents
Engineering Services
THE CITY OF ASPEN
OFFICE OF THE C}TY ENGINEER:
Aerial Utilities Undergrounding
Improvement District
No.2
130 SOVTH GALENA STREET. ASPEN, COLORADO 81611 . PHONE 303,920.5088 . FAX 303.920.5197
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February 22, 1993
Mr. Dean Gordon, President
Schmueser Gordon Meyer Inc.
1001 Grand Ave., Suite 2-E
Glenwood Springs, Colorado 81601
THE CITY OF ASPEN
OFFICE OF THE qTY ENG!NEER
Re: District Engineer Contract - Aerial Utilities Undergrounding
Improvement District No.2
Dear Dean:
The enclosed documents constitute the updated contract for engineering services for the
Aerial Utilities Undergrounding Improvement District No.2. As we have discussed and
agreed, this contract is contingent on the improvement district passing on the ballot of the
general election in May.
I include the current revision. of "The City of, Aspen Instructions to Offerors of
'Ifessional Services~': Many of the provisions therein pertain to the proposal process.
, , .tions of the Instructions which pertain to this contract include but are not necessarily
'J Ited to Items 6.H, 7, 8, 9, 10, and 11.
Please note that the "Agreement for Professional Services" is the current City standard
form. I have written a Scope of Work which I believe incorporates all of the tasks
discussed in the Request for Proposals of January 2, 1990.
If there are any details that you would like to discuss, please let me know., I have only
enclosed one copy of the contract. If it is acceptable as is, I will send down two more for
your signatures. If changes are needed, I will incorporate them for the final documents.
I need three signed contracts. After Council has- appro:ved the contract, the City will
execute the' contracts, and I will return one fully executed copy to you.
We greatly appreciate your work on this project.
, Sincerely,
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Chuck Roth, P.E.
City Engineer
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130 SOUTH GALENA STREET. ASPEN, COLORADO 81611 . PHONE 303.920.5088 . FAX 303.920.5197
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THE CITY OF ASPEN
INSTRUCTIONS TO OFFERORS
OF PROFESSIONAL SERVICES
1. The City of Aspen has advertised to invite Professionals to submit sealed Proposals
for a project commonly referred to as the Aerial Utilities Undergrounding
Improvement District No.2, as more fully described in the Request for Proposals.
The following instructions have been prepared to assist Offerors in the preparation
of their Proposals.
2. The Contract Documents for this project shall consist of the following documents:
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4.
5.
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C.
D.
E.
F.
G.
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Letter to Professional
Instructions to Offerors.
Site and vicinity map
Scope of Work
Project Time Line
Corporate Acknowledgement.
Agreement.
Addendum to the Agreement - For Construction Management Services
Addenda, if any.
Notice of Award.
Notice to Proceed.
Information contained in the Contract Documents, as completed during the contract
award process, shall be the basis for the Proposals, and nothing shall be deemed
to change or supplement this basis except for written addenda to the above
documents issued by the City of Aspen.
The City of Aspen reserves the right to reject any or all Proposals or accept what
is, in its judgment, the best Proposal. The City further reserves the right, in the best
interests of the City, to waive any technical defects or irregularities in any and all
Proposals submitted, and to negotiate contract terms with the Successful Offeror,
and the right to disregard all nonconforming, nonresponsive or conditional
Proposals. Discrepancies between words and figures will be resolved in favor of
words. Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved in favor of the correct sum.
The cost of proposal preparation shall be borne solely by the persons or entities
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submitting proposals.
6.
The following procedures or steps shall be followed after the issuance or publication
of Request for Proposals:
A. Reference is made to the Request for Proposals to determine if a pre-
Proposal conference will be scheduled, and if so, where and when, If
a pre-Proposal conference is scheduled, attendance at the pre-
Proposal conference is mandatory unless prior authorization is given
by the City. The costs of attendance at a pre-Proposal conference shall
be borne entirely by the Offeror.
B. Reference is made to the Request for Proposals to determine how
complete Proposal Packages, may be obtained.
c.
Before submitting a Proposal, each Offeror must (a) examine the
Contract Documents thoroughly, (b) visit the site, if any, to familiarize
her/himself with local conditions that may in any manner affect cost,
progress or performance of the Work, (c) familiarize her/himself with
federal, state and local laws, ordinances, rules and regulations that
may in any manner affect costs, progress or performance of the Work;
(d) familiarize her/himself with the unique weather conditions of the
City of Aspen and surrounding area that may affect costs, progress
or performance of Work; and (e) study and carefully correlate
Offeror's observations with the Contract Documents.
D.
Reference is made to the Request for Proposals for the identification
of those reports of investigations and tests of subsurface and latent
physical conditions at the site or otherwise affecting cost, progress or
performance of the Work which have been relied upon by the City
of Aspen or a consultant in preparing any Drawings or Specifications.
These reports are not guaranteed as to accuracy or completeness. nor
are they part of the Contract Documents. Before submitting her/his
Proposal each Offeror will, at her/his own expense. make sueh
additional investigations and tests as the Offeror may deem necessary
to determine her/his Proposal for performance of the Work in
accordance with the time, price and other terms and conditions of the
Contract Documents.
E.
Reference is made to the Request for Proposals to determine the
place, date, and time for delivering sealed Proposals for this project.
F.
Five (5) copies of the Proposal shall be submitted in the following
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manner. The pages of the Proposal shall be numbered sequentially.
Proposals shall be submitted at the time and place indicated in the
Request for Proposals and shall be included in an opaque sealed
envelope, marked with the Project title and name and address of the
Offeror and accompanied by the Proposal Security referenced below
and other required documents. If the Proposal is sent through the mail
or other delivery system the sealed envelope shall be enclosed in a
separate envelope with the notation "PROPOSAL ENCLOSED" on
the face thereof. Proposals submitted by facsimile machine (FAX)
shall not be accepted or considered.
G.
Reference is made to the Request for Proposals to determine if
Proposal Security shall be required for this project. If a Proposal
Security is required then each proposal must be accolllpanied by
Proposal Security made payable to the City 'of Aspen, in an alllount
of five percent (5%) of the maximum Proposal price and ill the form
of a certified or bank check or a Proposal Bond (on form attached,
if a form is prescribed) issued by a Surety.
The Proposal Security of the Successful Offeror will be retained until
such Offeror has executed the Agreement and furnished the required
Payment and Performance Bonds, if any are required by the
Supplemental General Conditions, whereupon it will be returned; if
the Successful Offeror fails to execute and deliver the Agreement and
furnish the require Performance and Payment Bonds, if any are
required, within fifteen (15) days of the Notice of Award, the City of
Aspen may annul the Notice of Award and the Proposal Security of
that Offeror shall be forfeited. The Proposal Security of a ny Offeror
whom the City of Aspen believes to have a chance of receiving the
award may be retained by the City of Aspen until the earlier of the
seventh day after the "effective date of the Agreement" (which term
is defined in the General Conditions) or the sixty first (01) day after
the Proposal opening, Proposal Security of other Offerors will be
returned within seven (7) days of the Proposal opening.
Reference is made to the Request for Proposals for any Proposal
Forms that may be required to be completed as part of the Proposal.
Proposal Forms, if any are required, must be completed in ink or by
a printer/typewriter. The Proposal price must be stated in words and
numerals; in case of a cont1ict, words will take precedence. Proposals
by corporations must be executed in the corporate name by the
president or a vice-president (or other corporate officer accompanied
by evidence of authority to sign) and the corporate seal must be
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affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the
signature. Proposals by partnerships must be executed in the
partnership named and signed by a partner, whose title must appear
under the signature and the official address of the partnership must
be shown below the signature.
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1.
Proposals may be modified or withdrawn by an appropriate document
duly executed (in the manner that a Proposal must be executed) and
delivered to the place where Proposals are to be submitted at any
time prior to the opening of Proposals. If, within twenty four (24)
hours after Proposals are opened, any Offeror files a duly signed
written notice with the City of Aspen and promptly thereafter
demonstrates to the reasonatlle satisfaction of the City of Aspen that
there was a material and substantia:! mistake in the preparation of
her/his Proposal, that the Offeror may withdraw her/his Proposal and
the Proposal Security will be returned. Thereafter that Offeror shall
be disqualified from further Proposing on the Work.
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At the place, date and time fixed for opening Proposals, all Proposals
received prior to that time shall be opened and reviewed. All
Proposals shall remain open for a period of thirty (30) days, but the
City may, in its sole discretion, release any Proposal and return the
Proposal Security prior to that date.
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K.
The City shall then evaluate each Proposal in the best interests of the
City of Aspen. The proposals shall be evaluated to determine which
are the most advantageous to the City of Aspen taking into
consideration price, the evaluation factors set forth at Section 3-14(f)
of the Aspen Municipal Code, and any factors set forth in the Request
for Proposals.
L.
Prior to accepting a Proposal, the City may decide to interview one
or more Offerors to negotiate final contract terms for inclusion in the
Agreement.
To demonstrate qualifications to perform the Work, each Offeror must
be prepared to submit within five (5) days of a request. financial data,
previous experience or evidence of authority to conduct business in
the state of Colorado
Upon determining the successful Offeror, the City of Aspen shall send
to the Successful Offeror a Notice of Award notifying the recipient
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of the City's acceptance of the Offeror's Proposal, subject to the City
Manager or City Council approval of the Contract Documents. The
Notice of Award shall also forward to the presumptive Successful
Offeror three (3) unexecuted copies of the Agreement with
instructions to execute and return the same to the City within ten (10)
days or risk having their Proposal declared abandoned. If the
proposed Agreement shall be for an amount in excess of $25,000.00,
the City Council at its next regularly scheduled meeting following
receipt by the City of the duly executed copies of the Agreement shall
be asked to consider approval of the Agreement and authorize the
Mayor of the City of Aspen to execute the same. If the proposed
Agreement shall be in an amount equal to or less than $25,000.00 the
City Managershall be asked to consider approval of the Agreement
by executing the same. '
O.
Upon receipt of all documents required by the Notice of Award and
upon approval of the Agreement by the City Councilor City Manager,
the Successful Offeror shall be sent a Notice to Proceed along with
a copy of the Agreement duly executed by the City Manager or Mayor
of the City of Aspen.
All purchases of supplies, construction or building materials shall not include
Federal Excise Taxes or Colorado State or local sales or use taxes. The City of
Aspen's State of Colorado tax identification number is 98-04557. The City of
Aspen's Federal Tax Identification Number is 84-6000563.
There are specific indemnity and insurance requirements which the Successful
Offeror must comply with prior to the start of Work for this project. These
requirements are set forth in detail in the Agreement.
The submission of a Proposal will constitute an incontrovertible representation by
the Offeror that he has complied with every requirement of these instructions and
that the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance of the Work.
Reference is made to the Request for Proposals for the identity of the City of
Aspen's project manager(s) who will coordinate all aspects of the selection process.
All questions about the meaning or intent of the Contract Documents shall be
submitted to the project manager(s) in writing. Replies will be issued hy Addenda
mailed or delivered to all parties recorded by the project manager(s) as having
received a Proposal Package. Questions received less than ten (10) days prior to
the date of Proposal openings may not he answered. Only questions answered by
formal written Addenda will be binding. Oral and other interpretations or
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clarifications will be without legal effect.
11.
The successful Offerer shall possess or obtain a license to do business in the City
of Aspen prior to commencement of the Work.
12. The presentation of several different proposals is encouraged as the City does not
want to limit the creativity of each firm. Cost comparisons, a summary of
advantages and disadvantages of each proposal and other comments and
recommendations should be included to enable the City to evaluate the proposal
which best fits the project requirements for a functional, economical, and aesthetic
solution. A written description plus any sketches, brochures or additional
information shall be included where possible for each proposal.
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UTILITY UNDERGRO .. VEMENI
DISTRICT N .
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There are a few pockets of 4 few custo~er~
within the area indicated as bling campIer
whieh viII be ineluded 1n District No. 2
Undergrounding 98% completed
City Limit:!
Utility Underground!ng
Improve~cnt District No
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SCOPE OF WORK
This section describes the approach that the City of Aspen proposes to follow in
completing the current Aerial Utilities Undergrounding Project. The "Tasks Outline" from
the original Request for Proposals is attached hereto and .incorporated herein. As was
stated in the original RFP:
"The anticipated tasks to be performed are itemized on the enclosed Tasks'
Outline. This outline is material excerpted from the City's previous
undergrounding district files. The material is not intended to represent a
full summary of tasks to be performed. The material is intended as a
guideline only. Knowledge of actual work to be performed will be based on
the experience and expertise of the engineering ,firms which submit
__ proposals."
~e Improvement district has successfully been formed for the purpose of burying service
connections to customers in conjunction with Holy Cross Electric Association, U.S. West
Communications, and Telecommunications Inc., the "Companies," undergrounding their
respective aerial distribution systems. We have identified four phases for the project.
PHASE I -- PLANNING
This portion of the work has largely been completed during the time since the original
contract was signed on March 6, 1990.
The City will perform applications for 8040 Greenline Review, Stream Margin Review, or
any other City land use review permits that may be required. The Professional must
notify the City of any construction locations requiring these reviews. Support
documentation will be needed from the Professional as early as possible for submission
with these applications.
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PHASE II -- CONSTRUCTION DOC1.JMji'lTS
OBJECTIVE
To prepare construction Bid Package for City.
ACTIVITIES
1. The Bid Package shall be assembled under City of Asp", cover, with invitation to
bid letter prepared by City, and containing current revisiOns of agreements, bonds,
and related contract documents as obtained from City, together with drawings and
specifications provided by Professional fOJ; the Project to incorporate into Bid
Package. The Contractor shall be required to obtain any and all permits necessary
for construction.
2. Incorporate the results of three years of planning, studies, neighborhood meetings,
meetings with City staff, and related activities into 'al drawings and project
specifications. Project is to be bid contingent on posh" ; result of City of Aspen
general election scheduled for May 4, 1993. If District is unsuccessful in election,
Project will not be constructed.
Conduct pre-bid meeting.
The resulting design and work must comply with all app'icable national, state and
local standards, specifications and ordinances.
5.
The plans and specifications must be stamped by a professional engineer registered
to practice in the State of Colorado.
6.
The drawings for construction shall be 24" X 36". Following the completion of
construction, reproducible mylar as-builts are required, ['hese can be reproducible
mylars run off the originals with as-built conditions inked on in the same fashion
that a blueprint would normally be marked up. As-builts must show all utilities and
features encountered during the excavation, labelling th(' utility, the size, and the
horizontal and vertical location. The as-builts must be , ,;rtified and stamped by a
registered professional engineer. The as-builts may alsD be in the form of 8 1/2"
x 11" "staking sheets" as were prepared for District No, L, assembled into a three
ring binder.
7.
, Assist City in evaluating Bids and awarding Project.
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PHASE III -- PROJECT CONSTRUCTION
OBJECTIVE
To construct the aerial utility undergrounding as conceived during the Planning and Design
process.
ACTIVITIES
1. Conduct pre-construction public, neighborhood meeting at City Hall to be noticed
in local newspaper by City.
2. Initiate and manage construction contracts.
3. Observe and supervise secondary utility construction. Review and approve
contractor pay requests.
Coordinate secondary utility construction with primary utili'y <:onstructiop
). Act as liaison between property owners, secondary utility contractor and City staff.
.,'" Prepare punch list for each area o~ the project completed. Provide as-builts of
"~"~"~ work completed at end of constructIOn season.
PHASE IV -- COMPLETION OF DISTRICT PROCESS
OBJECTIVE
To complete the improvement district process.
ACTIVITIES
1. The assessment role shall be as assembled and updated in 1992 with a final revision
at the time of submission to City for conveyance to Pitkin County Treasurer. The
assessment role shall be provided to City in form suitable for publishing in newspaper with
public notice, containing name of property owner, legal description of property, and
proposed assessment.
I!,/.' A. The assessment
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role shall be based on current records of the Pitkin County
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Assessor and shall consist of:
(1) Name of owner
(2) Physical address
(3) Mailing address
(4) Tax identification number
(5) Proposed assessment
B. The District final costs shall include all costs to property owners and
additional costs to be paid by City as District costs, including but not limited
to:
Secondary utility costs (from District Engineer)
U.S. West phone installation charge
District Engineer administrative' costs
District Engineer construction management costs
- Bond printing cost
Bond issuance cost
Bond interest costs prior to assessment revenue
Cost to publish public notices
Cost of City envelopes and letterhead stationary
Election costs
Project ground breaking and topping off Il"c(.oe.J-J ~A~ C
2. Professional shall mail Notice (one mailing) as required by state statute to each
property owner with letter for City signature, on City letterhead, and ';1 City envelope
provided by City. Notice shall include copy of assessment ordinance.
3. Professionai shall complete Improvement District Process with tasks including but not
necessarily limited to working with assistance of City staff to accomplish completion of
district, such as attendance at public hearing in front of City Council for assessment
hearing.
4. Following adoption of assessment role by City Council, and collection of pre-payments,
Professional shall provide assessment role to City in form that is electronically transferable
to the Office of the Pitkin County Treasurer, with the properties listed in numerical order
by tax identification number anc! the breakdown of assessment for each of the ten years
of the bond repayment period.
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