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HomeMy WebLinkAboutresolution.council.028-98 ,~ -~....~<"' r'\ ,.,-\ RESOLUTION #28 (Series of1998) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GLENN H. RAPPAPROT, ARCHITECT SETTING FORTH THE TERMS AND CONDITIONS REGARDING SITE IMPROVEMENTS FOR THE RED BRICK AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Glenn H. Rappaport, architect, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Glenn H. Rappaport, architect, regarding Red Brick Site Improvements for the City of Aspen a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manger of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~~ I~ /q% / ~(?~ I' John 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 Jh.e city of Aspen, Colorado, at a meeting held April 13, 1998. , .' ~ K r" AGREEMENT FOR PROFESSIONAL SERVICES '...c/ This Agreementmade and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Glenn H. Rappaport, Arehi teet , Colorado ("Professional") . For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work asset forth at Exhibit "A" attached hereto and by this reference incorporated herein. 1. 2. Completion. Professional shall c,ommence work immediately upon receipt of a written Notice to Proceed from the City and comPlete all phases of the Scope of Work as expeditiously as is consistent with professional skill and .car,e ahd 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 December' 31. 1998 Up<;JD request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which r---. shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer[or review and approval of submissions and for approvals of authorities having jurisdictiono~er the project. This schedule, when approved by the City, shall not, except for re~onable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional $ 7 , 500 . 00 ' . '.' '. . Professional shall submit, in timely fashion, invoices for work perforri1ed.The City shall review such invoices and, if they are considered incorrect or untimely, the City shallreview the matter with Professional within ten days from receipt of the Professional's billing, the City understanding of the disposition of the issue. Professional's invoice shall be for the period ending the 25th day of each month. The invoice should be received by the City's project engineer no later than the 1st of each month. o 4. Non-AssignabilitY. Both parties recognize that this contract is one for personal services and cannot be traru;ferred, 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 shaH, for this purpose be deemed to be an agent or employee of the Professional to the extent9f 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. ,-,... 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. Nofces shall be earned after the effective date of the termination. Upon any termination, all .fInished or unfinished 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 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. ,r---.. r"" 6. Covenant Against Contingent Fees. The Professional warrants that s/he has tlot 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 violatiotlof.tlus contract without liability, or in its discretion to deduct from the contract price or cotlsideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7. Inde.vendent 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 City. No agent, employee, or servant of Professional shall be, or shall be deemed . to be, the employee, agent or servant of the City . City is interested only in the results obtained under this contract. The manner and means of coilducting 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 uneInPl~yment 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 bfProfessional'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. 8. 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, ordamage, 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, whicharjsebutof or are in any manner connected with this contract, if such injury, loss, or damage is caused ill 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, 2 f' ~ ~ 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 workmeh'scompensation claim of any employee of the Professional or of any employee of any subc()ntractor of the Professional. The Professional 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 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 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. 9. Professional's Insurance.. ... (a.). Professional agrees to procure and maintain, at its own expense, a policy or pOlicies ofinsurance sufficient to insure against all liability, claims, demands, and other obligations ~ssuIi1ed 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 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, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant. to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability. iuSllrance with minimum combined single limits of ONE MILLION DOLLARS> ($1,000,000.00) each' occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form 3 ~ property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional'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 Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1;000,000). each Claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. 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 Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence tfuitpolicies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify. this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the . cost of the premiums against monies due to Professional from City. r"', 4 ~ (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. . 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. ~. 11. 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. 12. 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: 13. Non-Discrimination' penalty. 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 contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. ,~ 14. 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 Professional to which the same 5 ,"'-'" may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement byCity. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be Illodified, changed, tenninated 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. 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: 413/lr I / ATTESTED BY: r", 6 f' o r--, WITNESSED BY: APPROVED AS TO FORM BY: agrprof. bid - Version: 4/93 PROFESSIONAL: By ~A m 7 'I .-- I - rY ,...... ~\..duRIf ("' SCOPE OF WORK RED BRICK EAST END ENTRY CANOPY The east end entry provides access to the Recreation Department offices and Gymnasium. The sidewalk on the east end allows for access to four non profits at the east end of t~e building. The Red Brick Site Plan address the problem of snow shedding and the safety issues associated with that portion ofthe building, and work should address this problem accordingly. The foyer outside of the entrance to the Recreation Dep~ment suffers structurally from a freeze/thaw effect and requires new design and engineering to ensure safety of individuals entering the building. ARCHITECTURAL \..', '''',.' , 1. SNOW SHEDDING: a.) Work must be consistent with the Red Brick Arts and Recreation Center Site Plan. b.) Work must address the snow shedding problem from the south end of the gymnasium roof to the entrance foyer of the Recreation Department offices. (' II. DESIGN: a.) Design of East End Entry Canopy must be consistent with the previously submitted and approved schematic design in the Red Brick Site Plan. b.) A landscape design has beehapproved for the Red Brick and entry design needs to work within the context of that plan. c.) Design must address the safety ofindividuals using this entry to the building. NOTE: The East End Entry Canopy isa departure from Red Brick construction, but will be addressed in a manl1er such that it highlights the building architecturally while addressing safety issues. III. MEETINGS: a.) Contractor will attend no less than 3 public meetings during the design and approval process. IV. FINAL DRAWINGS: a.) Contractor will provide constnidtionddcuments ready for bid. b.) Contractor will provide cost estimateS associated with design. .---. ,~ ,-..,. r", ENGINEERING I. DESIGN: a.) Design must, be adequate to handle the snow shedding and snow load concerns. b.) Design must address the freeze/thaw effect on the structure and surrounding building elements. c.) Design must address all safety issues associa,ted with the pedestrian entry and snow shedding concerns. II. FINAL DRAWINGS: a.) Contractor will provide construction drawings ready for bid. ~ ~ ~ A-t+o-.\""J; ,. A" February 23, 1998 REQUEST FOR PROPOSAL The City of Aspen is seeking proposals regarding work to be performed in accordance with the Red Brick Arts & Recreation Center Site Plan. Separate sealed proposals will be accepted through March 13, 1998. Proposals should be hand delivered to the Recreation Department located at 110 E. Hallqm St., or postmarked no later than the same date to 130 S. Galena St., Aspen, CO 81611. SCOPE OF WORK Work is to be performed in regard to Section IV (plan elements, sub section B., On-Site Improvements), #10. (Improvements at west end of building) per the Red Brick Master Plan. Proposals will be reviewed and the architect selected by the Red Brick Arts & Recreation Center Committee. The Committee is requesting that all proposals include at a minimum costing for the. following work: I.) Work to be performed should include: A) Pedestrian circulation (sidewalks)-- pedestrian traffic should be addressed along N. Garmisch St. between Hallam & the Given Institute. B) definition of paved areas C) definition of parking D) entrance issues E) landscaping F) storage Bids should include the cost of three (3) design options to be submitted for initial review. Upon the selection and approval of a preferred alternative, construction documents will be supplied to the City of Aspen. 1 o r-, /'"""'\ r . The proposal should include the cost of attending three (3) public meetings during the approval process and two (2) initial design meetings with the Red Brick Committee, and tenants for input and review. 2.) Interior Design should address: A) all air handling issues B) ADA access C) Applicable utilities 3.) Exterior Design should address: A) B) C) D) E) F) G) Landscaping Parking Pedestrian access Lighting Drainage Building Esthetics Historic Significance 4.) Construction and Engineering Documentation A) Construction bid documents will be prepared based on the final design. The documents will be consistent with all pertinent codes, permitting agencies and construction practices. A detailed cost estimate will verify the scope of the project the needed construction budget. B) Construction services shall include bidding review, construction observation survey control and materials testing. The consultant team shall be responsible for review of shop drawings, construction coordination meetings, review pay requests and certification of pricing for project change orders. 2 r". Please include an hourly rate(s) at which the City of Aspen would be charged for any additional services. Again proposals need to be received or postmarked by March 13, 1998. Please send the applicable information to: Tim Anderson City of Aspen 130 S. Galena St. Aspen, CO 81611 If there are any questions regarding the RFP or the bidding process please contact me at 920-5140. Copies of the Red Brick Arts & Recreation Center Site Plan may be picked up between the hours of 8am to 5pm, Monday through Friday, at the Recreation Department offices located at 110 E. Hallam St. ~ Respectfully, r-, , Tim Anderson City of Aspen .C/O Red Brick Committee 3 p..~~ \>r.> " GLENN H RAPPAPORT r'. a P 0 S T OFF ICE BOX 276 ASP E N COLORADO 8 1 6 1 2 T 9 7 0 9 2 7 0 6 3 5 A I A 9 7 0 9 2 7 0 6 5 4 ARC. H T C T RED BRICK ARTS AND RECREATION CENTER PROPOSAL 03 04 98 The next phase of work at the Red Brick Arts and Recreation Center. 1 ) (' A) Pedestrian circulation (sidewalks)- pedestrian traffic should be addressed along N. Garmisch St. between Haliam & the Given Institute. B) definition of paved areas C) definition of parking D) entrance issues E) landscaping F) storage TOTAL: 35 hrs. 2) Interior Design: A) ali air handling issues B) ADA access C) applicable utilities TOTAL: 5 hrs. (' ,I""'"' 8 3) Exterior Design: A) Landscaping B) Parking C) Pedestrian access D) Lighting E) Drainage F) Building Esthetics G) Historic Significance TOTAL: 20 hrs. 4) (3) public meetings during the approval process and two (2) initial design meetings with the Red Brick Committee, and tenants for input and review. {"\ TOTAL: 10 hrs. Total estimate for complete work: 70 hrs. x S60/hr. = Not to exceed $4,200. Any additional work required will be submitted for approval using a typical change order format and billed hourly at $60/hr. Thank you, ~4.~ Glenn Rappaport architect o r r F-0 " :=- " f- =- I ~ I ::e ::e :e :e ::e ::e ::e ::e ::e ~ , ::e ::e . . . . . . . . . . .r.- . . . .'." _ ,~~~ .~~, '".,. ~"'~' ,,,_ ,,.yo'.;'_' .' . AJM.",-~~ 'c 9. Storage A need of Red Brick tenants is increased storage areas. The under- utilized area between the west building entrance and the service dock could be transformed into a storage shed. The creation of this storage space with architectural design that makes the storage space an integral component of the building facade couid enhanCe the overall appearance of the building in this area. 10. Improvements at We.st End of Building This area suffers from pooriy defined pedestrian circulation and paved areas. Cars park here in a random pattem, often blocking building entrances and forcing pedestrians to walk in the roadway. The Master Plan recommends clearer definition of sidewalks, park- ing areas and building entrances by creating a curb edge, tree lawn and sidewalk along the West end of the building. The area between the building entrance and the service dock becomes a landscaped area or a storage area. Vehicle access to the service dock is main- tained. 11. Landscape Concept The general landscape pian is intended to further integrate the Red Brick with the surrounding neighborhood and streetscape context, as well as to provide identity to the facility. Proposed plant materi- als are either native or are of a type historically found at the Red Brick. Streetscape planting at Hallam and Garmisch: Cottonwood trees(3" cal.) Tree lawn Planting at bike and pedestrian trail: Cottonwood trees(3" caL) Lilac shrubs(5 gal.) Native grasses Planting at performance/sitting area: Aspen trees(varied sizes, 1.5"-3.5") Lawn Planting at courtyard: Aspen trees(varied sizes, 1.5"-3.5") Periwinkie groundcover Perennials Planting at east side of building: Lilac shrubs(5 gaL) III Red Brick Arts and Recreation Facility Master Plan ~' ~ ~ \'f". .ra p i fit r- p f- ~ ;~ f- Ii:8 , i ::8 , , ::8 ~ j , ~r\ , ~ , ground plane are large sandstone slabs set in sand with grass joints. ~\t",,\...,J;: "1;)" 2. Roof Addition ~ ~ ."..",,~ . .:::'::'<ttNBJ. \ . ':':::':-.:::t:;,::,::,""~' . .....:.:);::::::tt:'(;!Wi3w: The snow shed problem with the roof of the gym should be mitigat. ed by the addition of a shed roof running along the west side of the gym wall, serving as a covered walkway connectionfrom Hallam Street to the Recreation entrance and a covered waiting area for the arrival/drop.off zone. ' Several ideas for the shape and dimension of the roof structure were explored. The nature of this structure (an addition to an exist. ing facility) and the function of the building create an opportunity for a more playful piece a/architecture which is an expression of identi. ty for the Red Brick Arts and Recreational facility. The proposed design is of an undulating roof which opens up at the entrance to the walkway. The low points, or 'valleys", of the roof would form areas where snow would collect and spill to the ground. The can. centrated piles of snow could then become areas of play for chil. dren. Model of Courtyard wHh Roof eddHion 3. Improvements at East End of Building The east end of the building will be enhanced by additional planti- j .~\ \ \\\;\\\H;~r'''', I - \ 11""\"" ~ /'\\ "1",.,'1'\\ \ i ". \\: 1 ~\\'~\;~\\~~\ \ // \\\ \~\\\\\\\\\\ I ,I , '~,;.'\'\\\/>\' I J _ I ',\>';\"'~\~t I ". --' '''- - -- ... .",\,,,\,,~}.,,,, ' .. ~ ...".- , I ~"-\"I>':'\~'\\.1.-~'"'i ~--"- ;.-;.-- ..- I , '\"..... ,..... 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