HomeMy WebLinkAboutresolution.council.053-04RESOLUTION NO.
(Series of 2004)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO
APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF ASPEN, COLORADO, AND TURNER COLLIE & BRADEN
INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE
DESIGN OF THE BRUSH CREEK PARKING LOT EXPANSION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
FOR PROFESSIONAL SERVICES
WHEREAS, there has been submitted to the City Council an agreement for
professional services between the City of Aspen, Colorado, and Tuner Collie &
Braden Inc, a copy of which agreement 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 agreement
for professional services between the City of Aspen, Colorado, and Turner Collie &
Braden Inc, regarding the design of the Brush Creek Parking Lot Expansion, 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.
tieien kann r,~tasaeruct, ~wayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at its regular ~14, 20,04./
~n ~. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Turner Collie & Braden Inc., ("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 as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence 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 care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than the agreed upon schedule with the Project Manager. Upon request of the
City, Professional shall submit, for the City's approval, a schedule for the performance of
Professional's services which 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 for review and
approval of submissions and for approvals of authorities .having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by
Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as
otherwise mutually agreed to by the parties the payments made to Professional shall not initially
exceed $150,000. Professional shall submit, in timely fashion, invoices for work performed. The
City shall review such invoices and, if they are considered incorrect or untimely, the City shall
review the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement~ Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to pay or 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 therefore, by giving notice, in writing, addressed to the other party, specifying
PS1-971.doc Page 1
the effective date of the termination. No fees 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
pursuant to this Agreement 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.
6. Covenant Against Contingent Fees. The Professional warrants that s/he has not
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.
7. Independent 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 conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
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, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate~ handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
PS 1-971.doc Page 2
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. 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 of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(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) Workers' 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 ~RED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease policy limit; and FIVE HUNDRED THOUSAND DOLLARS
($500,00.0.00) disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance 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 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 ($1,000,00-
0.00) 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
PS1-971.doc Page 3
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 that policies 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 contracr. NO 9ther form of certificate shall be used. The certifi-
cate 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.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand ~d 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~!0-!01 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.
PS1-971.doc
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:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Nicholas A. Senn
Turner, Collie & Braden Inc._
214 Eighth Street, Suite 310
Glenwood Springs, CO 81601
13. 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 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 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 by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing 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.
PS 1-971. doc Page 5
16. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This agreement shall be govemed 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.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971. doc Page 6
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By: ~/~~
Title:
~a~e:
WITNESSED BY:
PROFESSIONAL:
:
Title:
Date: 3~n~- 7_, ~ooq
PS1-971.doc ....... Page 7
BRUSH CREEK PARK-AND-RIDE
FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATE
SCOPE OF SERVICES
I. PROJECT DESCRIPTION
The planned improvements are to expand the existing Brush Creek Park-and-Ride facility
adjacent to State Highway 82 and Brush Creek Road in Pitkin County Colorado. The
consultant will use the Brush Creek Park-and-Ride Expansion Feasibility Study as guide
for design. The reconstruction will be to improve the existing template of the parking lot
to accommodate up to a total of 1400-parked vehicles, major site drainage improvements
and SH 82 intersection .improvements as detailed in the Brush Creek Park-and-Ride
Expansion Feasibility Study.
There are 200 paved parking spaces on 2.3 acres currently in use at the Brush Creek
Parking Lot. This project will design additional surface parking in two phases. The first
phase consists of grading, drainage and intersection improvements for 800 additional
parking spaces as depicted in Figure 6 of the Brush Creek Park-and-Ride Expansion
Feasibility Study. The second phase consist of grading and drainage design of an
additional 600 parking spaces similar to those shown in Figure 11 of the Brush Creek
Park-and-Ride Expansion Feasibility Study. These 600 additional spaces may be
restricted to winter and daytime use only. Surface options for both parking phases need
to be included in the design including recycled asphalt and just vegetation. Geometric
improvements will be made to accommodate turning movements required for appropriate
vehicles at the SH82 and Brush Creek Road to current AASHTO Standards.
The consultant is responsible for the preliminary and final design of the surface parking,
intersection improvements, relocated irrigation pipes and ditches, design of a storm
drainage system, permits, utility coordination, signing and pavement marking plans and
construction phasing plans as well as any coordination with Pitkin County (County land-
use review), Colorado Department of TranSportation (CDOT), the City of Aspen, the
Town of Snowmass and affected utility companies. CDOT will provide a review and
approval of the following but not limited to: civil design, traffic, hydraulic, access
requirements, and geotechnical engineering, and envirOnmental clearances for the project.
The work products consist of relevant reports, preliminary plans (FIR), almost final
(FOR, and final plans and final construction drawings, specifications, contract and bid
documents. The drawings will be prepared to CDOT Region 3 standards/guidelines.
Standard drawings and specifications for construction will be those used by CDOT.
CDOT nomenclature will be .used for bid items, references to the work and the
preparation of estimates and bid tabulations.
II. WORK TASKS
Task Group 1 - Intersection and Traffic Engineering '
Task Group
Intersection Modifications. Anticipated traffic movements within the limits
of this project are believed to be currently adequate but with the additional
parking demand, modifications will be necessary to the SH82 and Brush
Creek intersection. As such, revisions in traffic movements are anticipated
at this time and will be based on the anticipated use of the new expanded
facility. CDOT access requirements may have input on what is required for
this analysis and required modifications. No new traffic counts are
anticipated to be required for this project.
Traffic Signal Modifications. Due to the expa,nded width of the
intersection, Traffic Signal modifications will be required for the project.
All modifications will be coordinated with CDQT Region 3 Traffic in
Grand Junction and revised detection systems Will be included in the design
effort.
Signing and Pavement Marking. Separate plan sheets will be prepared that
show existing and proposed signs and proposed pavement markings. No
special signing is expected for this job. Existing signs will be replaced in
kind. Signing adjustments for areas of widening improvements will be
accommodated. Tabulations of the signing and pavement marking
quantities will be included with the plans.
Traffic C'ontrol and Construction Phasing. A final construction phasing
with traffic control plan wiil'be developed which integrates the
construction of all project work elements into a practical and feasible
sequence. This plan will accommodate the existing traffic movements and
parking uses during construction, and a final traffic control plan developed
which will be compatible with the phaSing plan. This plan will meet the
requirements of MUTCD as required by CDOT.
Coordination with CDOT staff for Snowmass Canyon will be required to
determine possible work to be completed on site by CDOT contractor that
may compliment the parking lot design. Times for access to the site will
also need to be determined based on work to be completed on the
Snowmass Canyon project.
2 - Grading and Drainage Plans
Utility Coordination. Existing utilities, identified by the existing survey
will be plotted on the base maps from field survey data, maps from the
utility companies, and field locations. Verification of these existing
utilities may be required. Locations of manholes, valves, poles, riser boxes,
hydrants, and meters will also be shown. The plans will be sent to the
affected utility companies for location verification. The base maps will be
revised as per comments from the utility companies, Pitkin County City of
Aspen and the Town of Snowmass Village.
Conflicts with future and existing utilities will be determined and
relocations will be coordinated with the appropriate utility company. Final
design for the relocation of sanitary sewer and water in the area will be
done by appropriate Water or Sanitation District. Utility drawings showing
proposed horizontal locations of underground utilities will be included in
the plans for information only.
The consultant understands the urgency to relocate and install a new
transmission line in the area before proposed construction to supply the
Town of Snowmass Village. Early design work will be undertaken to help
coordinate and expedite this effort with the Pitkin County Planning
Department and Holy Cross Energy.
2. Drainage Report and Design. The following components will be complied
to submit a modification to the Shale Bluffs CDOT design documents.
a. Hydrology. Modify existing CDOT drainage basin data from SH 82
Shale Bluffs construction project, collect historical drainage data and
projected changes, and complete a hydrological analysis. Analysis shall
meet CDOT drainage standards/requirements. Any changes to the existing
drainage shall be minimized. All analysis shall be approved by CDOT.
b. Storm Sewer Design. Determine location for inlets, manholes and storm
sewer pipes using the grading plans developed for the project. Determine
the type and size of the various culverts and prepare structure cross-sections
to determine elevations, flowlines, slopes and lengths of the structures. The
storm sewer will be designed for the 50-year storm event as per Pitkin
County and CDOT standards.
c. Irri~ation Design.. The existing irrigation ditches on the project will be
replaced and to accommodate the new roadway design width. Irrigation
structures and flumes will be evaluated for reuse or replacement.
d. Culvert Design. The existing culvert crossings will be lengthened or
replaced and new end section designs provided as necessary to
· accommodate the new parking and roadway width water crossings using
CDOT standards.
e. Erosion Control. A Storm Water Pollution Prevention Plan (SWMP) will
be prepared in accordance with CDOT's Erosion Control Manual and Storm
Water Pollution Prevention Plan, Standard Plans, and Specifications and per
NPDES requirements.
f. Prepare Report. A hydraulics report for FIR submittal and FOR submittal
will be prepared that includes the hydrology, minor structure hydraulic
design, with basin maps and drainage worksheets.
Detention Pond and Dissipation Structures. At the Stormwater discharge
near the Roaring Fork~ River an energy dissipation structure and detention
pond will be designed to accommodate the release. Along the piped
alignment there is also the need for up to four intermediate structures to
dissipate the flow energies that have been included in the design.
Parking Lot Expansion Grading. A Preliminary Design where horizontal
and vertical alignments will be refined to meet current AASHTO Standards
for urban conditions. Preliminary grading plans will be developed for the
side roads and modified bus circulation lane. Plans will be developed to
include: title sheet, general notes, typical sections, and plan/Profile sheets.
The plan sheets will include alignments, profile grades, existing right-of-
way, drainage, existing utilities, toes of slope, earthwork cross-sections, soil
data and structure general layouts. A preliminary construction phasing and
traffic control plan will also be included. The horizontal and vertical
geometric plans will be submitted to CDOT, the City of Aspen, Pitkin
County, Town of Snowmass Village and utility companies for FIR review.
After the FIR review, final plans, specifications and estimates will be
completed. Plan quantities will be calculated, tabulated and a summary of
quantities prepared. The Final Office Review (FOR) plans will include the
sheets as preliminarily outlined in the Attachment C. The FOR plans will
then be submitted again for a Final Office Review by CDOT, Pitkin County,
City of Aspen, Town of Snowmass Village and affected utility companies.
It is estimated that there will be approximately 30 sheets of construction
drawings for the project. Special provisions will .be written to supplement
CDOT's Standard Specifications and Standard Special Provisions. An
estimate of probable construction costs will be prepared using final
quantities and bid prices from related construction projects.
Task Group 3 - Specifications and Meetings
Bid Documents. After the FOR is held, final corrections will be made to
the plans and specifications and reproduced for advertisement. The City of
Aspen/EOTC will be responsible for advertising the project. The consultant
will be able to answer contractor's questions regarding the project and
prepare any addendum's that may be necessary to finalize the bid set. A
pre-bid conference is recommended to review the proposed project with
prospective contractors; this has been included in the engineering estimate.
Permits and Applications. The consultant will be responsible for the
following list of permits and applications to ensure the proper approvals are
acquired for the construction of the project:
a. Access Permit. Due to the nature of the intersection improvement work, a
CDOT Access Permit will be required for the project. The consultant will
submit this permit on behalf of the City of Aspen. The consultant will
submit to CDOT Region 3 Traffic the FIR set for review and application to
modify the intersection on SH 82. Comment from the review and approval
process will be incorporated into the construction Plans ~iid specifications.
b. Section 404 (CWA) Dredge Fill and Wetlands Mitigation. The
Colorado Department of Health, Wate~ Quality Control Division, will be
contacted and made aware of the project and the type of construction
activity that will take place. This 404 permit and its related permit
requirements, Section 401, of the Clean Water Act has been addressed
within the Basalt to Buttermilk EIS which will define the impacted wetlands
impacts are within these project limits. Update to the eXisting wetlands
since the EIS need to be performed. The 404 or 401 permits required for this
project will be prepared by the consultant as. necessary.
c. Section 402 (CWA) - NPDES. Since the facility is on CDOT property,
this will be a requirement. Currently there is an active NPDES permit open
until 2007 for the area covered under Shale Bluffs and Snowmass canyon
construction project. Review of the open permit and possible additional
requirements need to be examined.
3. Project Meetings. An initial meeting will be held and an on-site inspection
will be made to ensure that the project team is familiar with the existing
conditions as well as the project requirements. The consultant and Staff will
conduct this meeting. A Project Schedule will be developed with critical
tasks and anticipated time frame for completing those tasks. A meeting after
the FIR set is distributed will be held with interested .parties, which shall
include but not limited to CDOT, city °i~'Asper~ Pi~tkin County, Town of
Snowmass, and RFTA. A meeting following the FOR plan set distribution
may be required for follow up approval by CDOT. It is anticipated that at
least 2 intermediate meetings may be required with CDOT specialty staff
but can be combined with City of Aspen staff meetings. And as method of
tracking the project the consultant and the Cit~y of Aspen Staff will meet at
least twice per month to coordinate the work effort, resolve problems,
update the schedule, and determine information or items required from other
agencies.
Task Group 4 - Project Management
1. Progress Reports and Billings. Progress reports and billings will be
submitted on a four or five-week basis (12 times a year).
o
Design Surveys, The existing area proposed for construction has been
surveyed by CDOT to the extent that a three dimensional topography of the
existing conditions can be generated. Locations for all existing storm
drainage facilities, utilities, edges of pavement, curbs, sidewalks, signs,
bridges, culverts, buildings, wetlands and trees (diameter >4") located
within the project limits are expected to be included with the mapping. The
horizontal and vertical control used for the State Highway 82 (Shale Bluffs)
project will be used as the control su~ey data throughout the project. An
allotment has been made to augment this existing information particularly in
the area of the Roaring Fork River. Some supplemental survey to indicate
Conditions after the completion of the work by Snowmass Canyon may be
required.
Right-of-Way Agreements. CDOT Region 3 Right of Way section will
provide information detailing the existing conditions on the project site.
This plan will include writing legal descriptions to be used for an
Intergovernmental Agreement of the Right of Way for the project. Design
files (hard copy or electronic) will be provided to CDOT with the FIR
layouts to assist CDOT staff in defining Access Control, Permanent
Easements, Temporary Easements, Utility Easements and Right of Way
agreements that will need to take place to construct transportation
improvements on the CDOT property. (The agreement will be with the City
of Aspen understood that it may be a contractor doing the work).
a. Title work will be performed by CDOT.
b. The City of Aspen and CDOT will draft an Intergovernmental Agreement
jointly for the ability to make improvements on the project site.
c. The consultant will attend meetings necessary for proper completion of
the Intergovernmental Agreement.
4. Public Involvement. The consultant will be assisting the City of Aspen with
Design Public Meeting's to infOrm the public of the project if required. A
single meeting is included in the engineering estimate. The consultant will
provide staff to answer questions or address concerns generated during and
after the meetings. The consultant will provide exhibits showing proposed
impacts and any other materials needed to facilitate the meetings.
It is anticipated that City of Aspen will be responsible for notifying the
appropriate individuals, consortiums, or general public (via: radio,
newspapers, newsletters.) of the meeting times and places.
5. Geotechnical Engineering. The consultant will be conducting the
geotechnical investigations for this project. As such, it is anticipated that
the consultant will provide the following information to the City of Aspen
and CDOT.
a. Soils Investigation Reports. Exploratory test holes data and locations to
be determined by the soils engineer' With consultant and staff approval. Soil
samples will be tested for classification, moisture-density, resistance value,
compressibility or swell characteristics, and corrosiveness. The soils
engineer will determine if the pavement section is satisfactory based on the
number of anticipated truck/car ESAL's. No life cycle cost for alternative
pavement types are anticipated. Two design sections are anticipated to
accommodate the parking expansion modifications and the service road
alignment. Existing ground water levels will also be determined from the
borings at these locations.
b. SH 82 Template Design. The consultant will provide the pavement
design/s for SH 82 as asphalt pavement, which matches the SH 82 corridor
design. The current pavement design is believed to be 5.5 inches of
superpave asphalt atop 4 inches of aggregate base course (Cl. 6). The
roadway embankment material is rated R-59 or better for 2 feet beneath this
template.
c. Geotechnical Investigation Report. A report will be provided to the City
of Aspen/CDOT, which summarizes the boring, and test data obtained and
provides conclusions and recommendations for roadway subgrade
compaction, pavement design verification and structure foundation.
Landscaping and Urban Design
Landscaping services have been minimized on this project to diminish
construction costs. Currently it is assumed that both native seeding treatments
and wetland refurbishments will be necessary for the project and that the
previously used designs for Shale Bluffs will be adequate for this site again.
Any urban design services necessary that could include; assisting in the
selection of ornamental lighting fixtures; developing decorative treatments for
adjacent pedestrian trails, transit facilities, landscaping to minimize impact of
the site, decorative berming, and decorative signage can be added to the Task
Order by adjustment once improvements are identified for_the length of the
project.
III. DELIVERABLES
1. Preliminary design plans (FIR) with preliminary construction estimate.
2. Permit Applications. (Some of the permits may be directly with the City such as
404)
3. Almost final plans for distribution (FOR)
4. Final design plans with final construction estimates broken out for the major
components of the project-phased parking, drainage and intersection.
5. Bid documents for project advertisement with final quantities.
6. Hydraulic/hydrology Report.
7. Produce Addendum's required to optimize or clarify the design (per client's
request).
IV. CONSTRUCTION MANAGEMENT (separate contract)
The consultant wi!! perform under a separate contract at the client's request
administration of the construction in accordance with CDOT practices and policies.
The administration work includes tasks q0mmencing with the advertisement for bids
and the completing with project finals. Tasks include attending pre-construction
meeting, award of the contract, sublet permits, coordination with utilities and other
interested parties, conferences and weekly meetings, submittal review, work
inspection and documentation, coordination with material testing firm, work
acceptance, pay quantities, pay estimates, project reviews and changes, as-builts, and
project finalizing. If CDOT requires EEO and DBE procedures and monitoring be
utilized. Work will be documented using standard CDOT practices and forms or
construction within their ROW.
V. BRUSH CREEK.PAX AND RIDE SCOPE OF SERVICES
ENVIRONMENTAL STUDIES AND,~L N~'~EE~ED,
ENVIRONMENTAL ISSUES
Expansion of the Brush Creek Park a.nO.R~iO~,~i!!, m~u![,!njl~n4jmpacts on the
high terrace above the Roaring Fork River, the terrace escarpment leading from
the high terrace to the Roaring Fork river floodplain, and along the river itself.
The outlet pond will spill water directly into the river via a riprap spillway. It is
likely that uplands, wetlands, and riparian habitat will be impacted by the project.
Jurisdictional wetlands impacted (filled) by project construction activities along
the Roaring Fork will require a Section 404 permit from the U.S. Army Corp of
Engineers (COE). If a Section 404 permit is needed for the project, the COE will
require clearance for threatened and endangered species (TES) protected by the
Endangered SPecies Act (ESA). This clearance is obtained through the U.S. Fish
and Wildlife Service (FWS). If no wetlands are impacted by the project, the
project should still obtain clearance for TES directly from the FWS, to be in
compliance with the ESA.
In addition to the federally mandated clearances, studies, and permits, the
Colorado Department of Transportation (CDOT) will probably require an Initial
Site Assessment for hazardous materials and a Senate Bill 40 certification to
address riparian impacts. A SB 40 certification application will be prepared and
certification obtained. Project disturbances will exceed one acre so a Stprmwater
Discharge (NPDES) Permit will also be needed. The Stormwater~D!scha~rge
Permit will also be needed because this stretch of the Roaring Fork River is a
Gold Medal Fishery. A Registered Professional Soil Scientist or Engineer,
Professional Wetland Scientist, TES certified surveyor, and Certified Professional
in Erosion and Sediment Control will complete the studies and reports described
below to obtain these clearances, permits (Section 404 and NPDES) and
certification.
ENVIRONMENTAL APPROACH
Hazardous Materials
An Initial Site Assessment (ISA) to identify hazardous materials and associated
liabilities in the project area will be completed. The objective of this ISA is to
identify potential environmental risks _.and. !i.abi!i. ties_to ~he project sponsors and
construction worker health and safety. This assessment will be accomplished by
reviewing written information concerning the past and present uses of the land;
reviewing federal and state databases of environmental liabilities and potential
liabilities; interviewing current and past land owners; and completing an initial site
inspection. This investigation does not include boreholes and sampling, such an
investigation is part of a Phase II Site Assessment and an investigation may not be
necessary. This assessment will be accomplished by adhering to CDOT standards.
Stormwater Discharge Permit (NPDES) Application
An application for a Stormwater Discharge Permit, accompanied by the Storm Water
Management Plan (SWMP) will be applied for.
SWMP
A Storm Water Management Plan (SWMP) that will include Best Management
Practices (BMP's) to control erosion and minimize sedimentation into the river Will
be prepared. The SWMP will detail erosion and runoff control .measures, such as,
but not limited to a revegetation plan and silt fencing to prevent surface water quality
degradation. It will also include a quantities summary table. Current best
management practices (BMP) will be used. The SWMP will include AutoCAD
drawings and be suitable for inclusion into the design plan set.
TES Habitat Suitabfli~ Assess?$nt
Wildlife species at issue for this stretch of the Roaring Fork River include the bald
eagle (BE) (Haliaeetus leucocephalus), yellow-billed cuckoo (YBC) (Coccyzus
americanus) and boreal toad (BT) (Bufo boreas). The bald eagle is listed as
Threatened under the ESA whereas the other two ~species are listed as a Candidate
for federal listing, species that may be listed and protected in the near future. The
wetlands and riparian habitat in the Roaring Fork River floodplain represent
potential habitat for these species.
Since the CDOT evaluation of these species is now about 10 years old, files from
the Colorado Division of Wildlife and Colorado Natural Heritage Program will be
searched for records of BTi BE, and YBC ocCUrrence in the project area. The
consultant will conduct a HSA for the BT, BE, and YBC in the run-dom
alignment and where the pipe will outlet onto the floodplain or terrace of the
Roaring Fork River. Results of the HSA will be provided to the FWS. If it is
concluded that no BT, BE, and YBC habitat is present, a no-effect determination
will be requested from the FWS. It is assumed sucha conc!~ipn will be reached
and no further TES investigations will be needed.
Jurisdictional Wetlands Identification
A jurisdictional wetland determination, to provide the location of jurisdictional
wetlands along the river and on the high terrace by the existing Park and Ride will be
completed. To determine the presence of jurisdictional wetlands and waters of the
U.S., the following tasks will be completed from the Brush Creek Park and Ride Site
to the Roaring Fork River, in areas of possible disturbance, following the run-down
alignment.
Review the project area against available data, such as USGS topographic
quadrangles, aerial photography, published soil surveys, and National Wetland
Inventory maps
· Conduct a field investigation to delineate existing jurisdictional wetlands and
waters of the U.S., and collect needed field data (photographic, soils, vegetation
and hydrologic) to support a jurisdictional determination according to methods
outlined in the 1987 U.S. Army Corps of Engineers manual
Flag the extent of the jurisdictional wetlands and waters oftheU.S, in the field.
The extent of the wetlands will be ,captured" in the field using a GPS unit with sub-
meter resolution and "overlaid" electronically onto base maps to support detailed
project planning. The consultant will provide the base map and that is compatible
(fits) with the GPS data.
Complete a jurisdictional wetland report including all field data, photographs, and
mapping. Calculate the extent the wetlands and identify potential mitigation sites.
404 Permitting/Coordination w~[h t~he.,C,dE
There may be no jurisdictional wetland impacts, but a Section 404 permit may
be needed (because of potential impacts to the river bank). A Section 404
Nationwide permit may be needed for the project. If it is needed, the following
the tasks will be completed.
· Determine the extent and nature of impacts to jurisdictional wetlands by
project construction
Prepare an application and submit the application (with the impact
assessment and wetlands finding report) to the COE, and address their
questions and comments
OPTIONAL TASK- Wetland Mitigation Site Design and Plan
If needed, the consultant will complete the following tasks in developing the wetland
mitigation site design that will be included with the Section 404 permit application. A
plan set will be developed suitable for inclusion into the construction plan set.
· Determine the type (species and percent cover characteristics) of mitigation
wetland to be created.
· Select a mitigation site. This may require a brief site visit to ascertain probable
depth to groundwater during the growing season o.r surface water quantity
conditions. The consultant assumes that land with am~ab!e~hydrology and
soil is present in the project corridor.
· Obtain one-foot topographical data (AutoCAD file) from the County and/or
design engineer of the mitigation site area
· Prepare mitigation site configuration information (footprint, wetland site
topographic data, cross sections).
· Develop an earthmoving plan- hydric topsoil removal, stockpiling and
replacement
· Develop a hydrophytic vegetation revegetation plan including species to be
planted (by seed and live plantings), seeding and planting quantities, seeding
and planting methods, and seeding and planting schedule.
· Develop an erosion control plan - mulch type and application rate, installation
method, tackifier type and tackifier application rate.
· Develop a monitoring plan that Will be part of the mitigation plan to provide a
success standard and outline how hydrophytic plant growth and establishment
will be monitored. The revegetation goal of the mitigation site is'to meet or
exceed pre-disturbance cover (and diversity) characteristics of the impacted
wetland.
C~TY OF ASPEN
Brush Creek Park and Ride Lot Expansion
SECTION :~ - INTRODUCTION 7
CiTY ASPE Brush Creek Park and Ride Lot Expansion
des
UNDERSTANDING OF THE
P ROJ ECT
The improvements approved by the Elected Offi-
· cials Transportation Committee 0!iOTQ in Septem-
ber of 2003 and January of 2004 have been laid out
in the "Brush Cxeek Park- and-~ Expansion Feasi-
bility Stud3?' to be comtructed in an incremental
fashiom The goal to accommodate up to a total of
1,400 parked cars was sealed upon after several k-
erations and deliberatiom about the immediate park-
Lng demands of the upper Roaring Fork Valley
The use of the former Mills Ranch ske for parking
has been in the State I-rtghway 82 corridor pbnq since
the 1980's. Recend3~ the success of special events
such as the ESPN Wrater X-Games has created an
additional demand for parking beyond the anticipated
cornrrnrcer levels. This overflow has been met by
the temporary use of Cozy Point in the past but
became of agreements made both with the commu-
nityand CDOT, other solufiom are require& Other
factors, such as displaced parking at Snowmass Vil-
lage, could also influence the direction of the de-
sign within the next years.
The planned work products, outlined in the scope
of work, included in the request for proposals detail
the requirements that will be imposed by CDOT.
Wu~h a majorityof the planned constnmdon impacts
within CDOT's right-of-wa)~ careful attention will
be required to fully complete the required tasks.
Beyond the preliminary plank (FIR), almost final
(FOR) and final plans and specifications for con-
struction bidding; two significant reports will be re-
quired by CDOT before the construction can be
advanced:
1. access permit
Z hydraulic/hydrology report
CDOT has expressed support for thi.q project and is
agreeable to an intergovernmental agreement ClGA)
to allow the planned facilities to be constructed on
CDOT property. This is, however contingent on the
outcome of the access and drainage reports. The
concerns of the CDOT traffic engineering staff,
which will be considered.b~gre iss!!ipg the access
permit, are the potential impacts to the Brush Creek
intersection caused by higher parking usage. The
h3draulic/hydrology study has taken a higher prior-
ityrecenflywithin CDOT because of recent rulings
pertaining to highway runoff lost bythe California
Depatmmm of Transportation (CALTRANS) that ~
affect future comainm~nt designs. Wuh both of these
overriding concerns, TCB will focus on these tasks
immediately because of their potential to steer the
Project in differing paths than inifiallyandcipate&
The pb-ned rerouting of SH 82 runoff will also
require design and common efforts to cross into
Aspen/Pkkln County open space. Recently Pirkln
Countyhas exercised control over this adjacent prot>
exty and the design team will also need to closely
SECTION 3 - DESIGN
CiTY OF ASPEi
Brush Creek Park and Ride Lot Expansion
work with the Pitkin County Community Develop-
merit and open space to fulbll their requirements.
The last entities to ensure the planned improvemems ·
meet the furore needs of the valleyare the surround-
hag uuqiWcompanies. CaxrrenflyHoly Cxoss Energy
Brush Creek intersection improvements - as the
demand frOm the parking lot increases circub-
tion through the intersection, CDOT will require
that improvements be constructed so as to not
reduce the level of service of SH 82. If k is
presented to the CI)OT Region 3 traffic review-
lng authority in a manner that shows a staged ap-
proach to these imprOvements, the Cityof Aspen
and the EOTC maybe able to defer expenditures
until the parking demands warrant the improve-
2. Method of handling stormw ter- recently ex-
pressed bythe CI)OT resident on,neet, the meth-
ods of handling and treating storm run-off are
evolving at CDOT recendy to have more scm-
rinythan in the past. As a crucial component of
this design, the consultant must have an under-
is designlng anundergrotmdtran-umi.qsionlinetocn~ss standingof CI)OT's newest design standards and
the site which continues to demand attention be- the previous dralnage studyconducted byCDOT.
came of the unique construction. The responsive
designer for the City of Aspen will be able to ensure
that the furore development of the site will not be
hindered by these or the Kinder Morgan facilities
that carry a heavy price tag for relocations in the
furore.
TCB's knowledge of the existing site conditiom, the
planned build out of the site, the ~tricacY of the SH
82 and Brush Cxeek intersection, the local residents,
and the working relationships with the ~ agen-
cies vall allow for efficiency in design and accom-
modation of budget constraints.
CRITICAL ISSUES
TCB's experience with the feasibility study and the
design and construction of Shale Bluffs provide us
a unique understanding of the challenges awaiting
your design consultant. The following are several
c 'mical issues that we have identified based on our
previous work and our field and'contact investiga-
tions forthi~ proposal.
Because this site is presently disturbed, rmw. h of
the parking construction will be covered under
CDOT's previous environmentalwork for the site.
Any drainage improvements that would cross
Pitkin County open space will require clearances
through the apprOpriate agencies. Close coordi-
nation with CDOT Region 3 environmental may
allow economic sharing of information.
An understanding of the loss of event parking at
CozyPoint after 2004 will aid the design consult-
ant in the review and apprOval process with
CDOT. This background will also allow edu-
cated support to develop the necessaryinrer-gov-
ernmental agreements to utilize the former Milk
Ranch site. A qualified traffic enginee~ staff
will expedite thi.q work
o
An experienced design team will be able to rec-
ognize the traffic, pedestrian, and transk demands
of this site and incorporate these demands into
the construction doo,ments.
SECTION 3- DESIGN I 18
CiTY OF ASPEN Brush Creek Park and Ride Lot Expansion
Although the utility companies that cross this
property are in phce or planned for the imrnedi-
ate future, close coordination will be required to
ensure that future construction on the ske is not
needs are addressed and ensure the comllmnh;y be-
lieves that the design process is accessible to then~
Our expefieuce is that these comments w~l be e~_mlly
divided between the visual outcome of the project
and the rmgnimde of the comtrucfionimpacts. Wh~o-
the b, dget constraints will preclude ~mv_nifies and
landscaping, the concerns pertaining to impacts can
be addressed in the design. This win also be a de-
odmg faCtormCDOT's ~process. WkhT(~s
experience in the Roaring Fork Valle~ we will be
able to provide consum'tion-phasing solutions that
other £n'ms who frequentlyrepresent developezs are
not adept in produci~
o
The intergovernmental agree_n~_ut (IGA) required
for CE)OT property will demand immediate at-
tendon following the approval of the traffic and
drainage components of work.
PROJECT APPROACH
The Brush Creek ~ng expansion design is one of
the more signifi~t projects that the EOTC and the
~.tty of Aspen have pursued on their own in the Last
several years. The selection of the right design con-
sultant could lead to quicker advancements of other
EOTCprojects.
One of the possible .solutions to overcoming the
submittal and review process for the site modifiea-
tiom would be to apply for a special use access per-
mit from CDOT. In doing this, more of the design
information is front loaded in the submittal process
and if acceptable could eliminate one review with
' CI)OT. On otherTO3 workfor the Cityof Aspen,
such as the S-Curves, this approach saved both time
and design costs. The other crucial element, the
impacts to the public, should not be overlooked.
Several of the surrounding cormvmnlties can be vo-
cal opponents if not adequately informed. The
project requirement of a public meeting will be at-
tended by the design staff to ensure stakeholder
T(~ believes that the development of a successful
design and consu'ucfion approach will account for
two critical factors: the abilityto design around the
varied site constraints and the importance of mini-
mizing the impacts of consumcfiom TCB's strong
team of consultants will deliver a design that re-
flects the objectives of your community. Our team
is comprised of firms that are fam;llar to you and
whose offices are conveniently located near Aspen.
Our individual team members are fmmillar faces as
well as highly accomplished professiond~ in their
fields. Our ext:)erience and close working relation-
ships from workqng together on projects in Aspen,
Basalt, Avon, Leadville, Vail, and the State I-fighway
82 corridor ~ provide you with a seamless pro-
cess.
SECTION 3- DESIGN [ 19
CiTY OF ASPEN
BrUsh Creek Park and Ride LOt ExPansion
SECTION 4- FEES I 21
THE CITY OF ASPEN
STANDARD TERMS.AND CONDITIONS
FOR PROFESSIONAL ENGINEERING SERVICES CONTRACTS
These standard terms and conditio ~ns haYe been prepared by the City of Aspen to be
incorporated by reference into Agreements entered into between the City of Aspen and
engineers or professional engineering firms for professional engineering services. The
provisions herein are interrelated with other standard contract documents customarily
used by the City of Aspen and, a '~hhnge in-'~n~e ~ay ,n~ce,sslt~t-~,-a~ dh:ahg~: ~' 0~ers.
Whenever a conflict exists in the terms and conditions of this document and the
Agreement, the terms and cOnditions set forth in ~"~gre~'~4ht'~fla~l'~takb: ~r~defi~e. '
A~'T'TCfT F 'I
ENGINEERS'S SERVICES AND R~SPON~!~JLITIES
1.1. GENERAL
1.1.1. The Engineer shall perform the services undertaken according to the Agreement with the City. The
part of the project for which Engineer is to provide services pursuant to the Agreement with the City is
hereinafter called This Part of the Project.
1.1.2. The Engineer shall designate, when necessary, a representative authorized to act in the Engineer's
behalf with respect to This Part of the Project.
1.1.3. The Engineer's services shall be performed in character, sequence and timing so that they will be
coordinated with. those of the City and all other consultants for the Project.
1.1.4 The Engineer shall recommend to the City the obtaining of such investigations, surveys, tests,
analyses and reports as may be necessary for the proper execution of the Engineer's services.
1.1.5 The Engineer shall provide progress copies of drawings, reports, specifications and other necessary
information to the City and other consultants. All.aspects of the Work designed by the Engineer shall be
coordinated by the Engineer, and the Engineer shall also become familiar with the Wor~ designed by the
City and other consultants as necessary for the proper coordination of the Project.
1.1.6 The Engineer shall cooperate with the City in determining the proper share of the construction
budget to be allocated to This Part of the Project.
1.2 BASIC SERVICES
The Scope of Work document shall set forth the Basic Services which the Engineer has agreed to perform.
The Scope of Work may consist of one or more of the fo~ow~g Pi~ases.' ~iie terms and conditions set forth
below apply to those phases which have been made a part of the Scope of Services.
SCHEMATIC DESIGN PHASE
1.2.1 The Engineer shall ascertain the requirements for This Part of the Project'and shall confirm such
requirements with the City.
1.2.2 The Engineer shall review alternative systems with the City, attend necessary conferences, prepare
necessary analyses, drawings and other documents, be available for general consultation, and make
recommendations regarding basic systems for This Part of the Project. When necessary, the Engineer shall
consult with public agencies and other organizations concerning utility services and requirements.
1.2.3 The Engineer shall prepare and submit to the City a Statement of Probable Construction Cost of This
Part of the Project based on current area, volume or other unit costs, as directed by the City.
DESIGN DEVELOPMENT PHASE
1.2.4 When authorized by the City, the Engineer shall prepare from the Schematic Design Studies
approved by the City the Design Development Documents. These shall consist of drawings and other
documents to fix and describe This Part of the Project, including materials, equipment, component systems
and types of construction as may be appropriate, all of which are to be approved by the City.
1.2.5 The Engineer shall submit to the City a further Statement of Probable Construction Cost of This Part
of the Project
CONSTRUCTION DOCUMENTS PHASE
1.2.6 When authorized by the City, the Engineer shall prepare from the Design Development Documents
drawings and specifications'setting forth in detail the requirements for the_ c.o. nstructioB. ,of T? P.~ q.f. ~
Project, all of which are to be approved by the City. The Engineer shall prepare me L~rawmgs ana
Specifications in such format as the City may reasonably require.
1.2.7 The Engineer shall advise the City of an), adjustments'to previous Statements of Probable
Construction Cost of This Part of the Project indicated by changes in requirements or general market
conditions.
1.2.8 The Engineer shall assist the City as necessary in connection with the responsibility for filing the
documents concerning This Part of the Project required for the approval of governmental authorities having
jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.2.9 If required by the City, the Engineer shall assist the City's project engineer in obtaining and
evaluating bids or negotiated proposals, and in awarding and preparing contracts for construction.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.2.10 The Construction Phase will commence with ~p award of the Contract for Construction and
together with the Engineer's obligation to provide Basic Services under thls'Agreement, will terminate when
final payment to the Contractor is due or, in the absence of a final Certificate for Payment or of such due
date, sixty days after the date of Substantial Completion of the Work, whichever occurs first.
1.2.11 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the
Engineer shall assist the City in the Administration of the Contract for Cons~uction with respect to This Part
of the Project, as set forth below and in General Conditions of the Contract for Construction.
1.2.12 The Engineer shall visit the site at intervals appropriate to the stage of construction for This Part of
the Project or as otherwise agreed with the City in writing, to become generally familiar with the progress
and quality of the Work for This Part of the Project and to determine in general if such Work is proceeding
accordance with the Contract Documents. The Engineer shall keep the City informed of the progress and
quality of the Work for This part 0fthe Project and shall endeavor to guard the City against defects and
deficiencies in such Work of the Contractor.
1.2.13 The Engineer shall at all times have access to the Work f9r .T)~ P~t;,of the Project wherever it is in
preparation or progress.
1.2.14 The Engineer, based on observations at the site and on evaluations of the Contractor's Applications
for Payment, shall assist the City in determining th~ amoun'~ o'w~g ~'~the ~'rii~tor*~foi-'~is ~Part of the
Project and shall certify such amounts to the City. Such certification shall be in writing if requested.
1.2.15 Certification by the Engineer to the City of an amount owing to the Contractor shall constitute a
representation by the Engineer to the City that, based on the Engineer's observations at the site as provided
in Subparagrapl4 1.2.12 and the data comprising the Contractor's Application for Payment, the Work for This
P~rt of the Project has progressed to the point indicated; that to the best of the Engineer's knowledge,
information and belief, the quality of such Work is in accordance with the Con~ ~Doc.ume?ts (subject to an
evaluation of such Work for conformance with the Contract Documents upon Substantial Completion, to the
results of any subseqUent tests required by ~r pe"rf~rin~ u~ttie~ ~cbntract Documents, to minor deviations
from the Contract Documents c0r. rectable prior to completion, and to any specific qualifications stated by the
Engineer); and that the Contractor is entitled to payment in the amount certified.
1.2.16 Upon written request of the City, the Engineer shall furnish to the City, with reasonable promptness,
written interpretations of the ~0n~act .D~cg~.ents prepared by the Engineer, if, in the opinion of the City,
such interpretations are necessary for the proper execution or progress of the Work.
1.2.17 The Engineer shall render written recommeg~a.ti9ns, within a reasonable time, on all claims,
disputes and other matters in question between the City and the Contractor relating to the execution or
progress of This Part of the Project or the interpretation of the Contract Documents.
1.2.18 The Engineer shall assist the City in determining whether the City shall reject Work for This Part of
the Project which does not conform to the Contract Documents or whether special inspection or testing is
required.
1.2.19 The Engineer shall review and approve, or take other appropriate action upon, and forward to the
City for final disposition the Contractor's submittals such, as Shop Drawings, Product Data and Samples with
respect to This Part of the Project; but only for conformance with the design concept of the Work and with
the information given in the Contract Documents. Such. action s~all be taken with reasona~!e promptness so
as to caUse no delay. The Engineer's apprOval of a specific ~'ei~"~aii~'i~o:~ kd' ~'~ ~'~~i~:$~ an assembly of
which the item is a component.
1.2.20 The Engineer shall assist the City in preparing Change Orders for This Part of the Project for the
City's approval and execution in accordance with the Contract Documents. The Engineer shall recommend
to the City minor changes in the Work not involving an adjustment in' the ContraCt Sum or an extension of
the Contract Time which are not inconsistent with the intent of the Contract Documents.
1.2.21 The Engineer shall assist the City in conducting inspections, with respect to This Part of the Project,
to determine the dates of Substantial Completion and final completion, and shall review and approve, or
take other appropriate action on, the Contractor's list of items to be completed or co.rr.ected and shall forward
the list to the City for final disposition. The Engineer shall assist the City in receiving and forwarding for
review written warranties and related documents required by the Contract Documents and assembled by
the Contractor with respect to This Part of the Project. If requested, the Engineer shall issue to the City a final
certificate in writing with respect to final payment for This Part of the Project.
1.3 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.3.1 If more extensive representation at the site than is described under Subparagraphs 1.2.10
through 1.2.21, inclusive, is required for This Part of the Project, the Engineer shall, if requested by the City,
provide one or more Project Representatives to assist the Engineer in carrying out such responsibilities at the
site.
1.3.2 Such Project Representatives shall be selected, employed and directed by the Engineer, and
the Engineer shall be compensated therefor as set forth in an exhi. bit appended hereto or an amendment to
the Agreement. Such exhibit or amendment shall describe the duOes, responsibilities and limitations of
authority of such Project Representatives.
1.3.3 Through the observations of such Project Representatives, the Engineer shall endeavor to
provide further protection for the City against defects and deficiencies in the Work for This Part of the
Project, but the furnishing of such Project representation shall not modify the rights, responsibilities or
obligations of the engineer as described in Subparagraphs 1.2.10 through 1.2.21 inclusive.
1.4 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless specifically included in the Scope of Work.
They shall, however, be provided if requested in writing by the City, and they shall be paid for by the City as
provided in the Agreement, in addition to the compensation for Basic Services.
1.4.2
Providing financial feasibility or other special studies.
1.4.3 providing planning surveys, site evaluations, environmental studies or comparative studies
of prospective sites, and preparing special surveys, studies and submissions required for approvals of
governmental authorities or others having jurisdiction over the Project.
1.4.4 Providing services relative to future facilities, systems and equipment which are not
intended to be constructed during the construction Phase.
1.4.5 Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information related thereto.
1.4.6 Preparing documents for alternate, separate or sequential bids, or providing extra services
in connecticin with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase, when requested by the City.
1.4.7
forces.
Providing coordination of work performed by separate contractors or by the City's own
1.4.8 prOviding services in connection with the work of a construction manager or separate
consultants retained by the City.
1.4.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs,
or detailed quantity surveys or inventories of material, equipment and labor.
1.4.10 Providing engineering services or special consultants related to interior design services and
other similar services required for, or in connection with, the selection, procurement or installation of
furniture, furnishings and related equipment.
1.4.11
Providing services for planning tenant or rental spaces.
1.4.12 Making revisions in Drawings, Specifications or other documents when such revisions are
inconsistent wi~h written approvals or instructions 'previously given, are required by the enactment or
revision of codes, laws or regulations subsequent to the preparation of such documents, or are due to other
causes not solely within the control of the .Engineer.
1.4.13 Preparing Drawings, Specifications and supporting data, and providing other services in
connection with Change Orders to the extent that the. adjustment in the Basic Compensation resulting from
the adjusted Construction Cost is not commensurate with the services required of the Engineer, provided
such Chgnge Orders are required by causes not solely with~ ~ c°'fi~)i*~6~ th~ Engineer.
1.4.14 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities,
and providing services required in connection with construction performed by the City.
1.4.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during
construction, and furnishing services as may be required in connection with the replacement of such Work.
1.4.16 Providing services made necessary by the default of the Contractor, or by major defects or
deficiencies in the Work of the Contractor, Or by failure of performance of either the City or the Contractor
under the Contract for Constxuction.
1.4.17 Preparing a set of reproducible record drawings showing significant changes in the Work made
during construction, based on marked-up prints, drawings and other data furnished by the Contractor to the
city.
1.4.18 Providing extensive assistance in the ufili×ati0n of any equipment or system, such as initial start-up
or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.4.19 Providing services after issuance to the City of the final Cer .tfficate for Payment, or in the absence of
a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work.
1.4.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration
proceeding or legal proceeding.
1.4.21 Providing services of consultants for other than the normal engineering services for This Part of the
Project.
1.4.22 Providing any. other services not otherwise included in this Agreement or not customarily furnished
in accordance with generally accepted engineering practice.
ARTTC~T ,~ ?
THE CITY'S RESPONSIBILITIES
2.1 The City shall, with reasonable promptness, provide all available information regarding the
requirements for This Part of the Project.
2.2 The City shall designate~, when necessary, a representative authorized to act in the Ci~'s behalf with
respect to This Part of the Project. The City, or such authorized representative, shall examme documents
submitted by the Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Engineer's services.
2.8 If the City observes or otherwise becomes aware of any fault or defect with respect to This Part of
the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given
by the City to the Engineer.
2.9 The City shall consult with the Engineer before issuing interpretations or clarifications of the
Engineer's Drawings and Specifications and shall request the recommendation of the Engineer before acting
upon Shop Drawings, Product Data, Samples or other submissions of the Contractor, or upon Change
Orders affecting This Part of the Project.
2.11 The City shall advise the Engineer of the identity of other consultants participating in the Project and
the scope of their services.
2.12 The City shall review the Engineer's work for compliance with the City's program and for overall
coordination with the City's and other engineering requirements.
AT~TIC_ T .1~ ~
CONSTRUCTION COST
3.1 The Construction Cost of the Project shall be the total c~st,or..es..'~t~,at~ed c0~.t~ ..thE..,City of all
elements of the Project designed or specified by the City or the City's consultants. The Construction Cost of
This Part of the Project shall be the total cost or estimated cost to the City of all elements of the Project
designed or specified by the Engineer.
3.2 The Construction Cost of the Project or of This Part of the Project shall include at current market
rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by
the City and any equipment which has been designed, specified, selected or specially provided for by the
City and, the City's consultants.
3 3 Construction Cost does not include the compensation of the City's consultants, the cost of the land,
rights-of-way, or other cost~ Wixici~ ar~ t~ r-esponsibility of the city as provided in Article 2.
3.4 Evaluations of the City's Project budget, Statements of Probable Construction Cost and Detailed
Estimates of Construction Cost, if any, prepared by the Engineer, represent the Engineer's best judgment as. a
design professional familiar with the construction industry.
3.5 If a fixed limit of Construction Cost has been established, the City and the Engineer shall establish, if
practicable, a fixed limit of Construction Cost for This'.i~'~.'9'~i.Tffi~?r°JeCt. if such a fixed limit is established,
the Engineer, after consultation with the City, shall be Permitted t° include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types of construction
are to be included in the Contract Documents with respect to This Part of the Project, and to make reasonable
adjustments in the scope of This Part of the Project to bring it within the fixed limit. If required, the Engineer
shall assist the City in including in the Contract Documents alternate bids to adjust the Construction Cost to
the fixed limit. Any such fixed limit shall be increas~C!~,~ ~p~ p~ny increase...in the Contract Sum
related to This Part of the Project occurring after execution of the Contract for Construcuon.
3.5.1 If the Bidding or Negotiation Phase for This. part.gf ~e. ~qject has not commenced within three
months after the City receives the Construction DOcumgnts .any Project budget or fixed limit of Construction
Cost for This Part of the Project established as a condition of this Agreement shall be adjusted to reflect any
change in the general level' of prices in the construction industry between the date of submission of the
Construction Documents to the City and the date on which bids or proposals are sought.
3.5.2 If a Project budget or fixed limit of Construction Cost for T~, Part of the Project (adjusted as
provided in Subparagraph 3.5.1) is exceeded by the lowest bona fide bid or negotiated proposal, the City
may require the Engineer without additional charge, to modify the Engineer's Drawings and Specifications
for This Part of the Project as necessary to bring the Construction Cost thereof within such fixed limit for This
Part of the Project. If it was not practicable to establish a fixed limit of Construction Cos$ for Th~ Part of the
Project, and if ~he lowest bona fide bid or negOtiated proposal, the Detailed Estimat9 of Comtruction CoSt 0r~
the Statement of Probable Construction Cost estab~hed f~ ~?tire Project (including the bidding
contingency) exceeds the 'fixed~' ~ '~' ~tr~fi~. ~,~.~~-~j~ tti~"ci~ ~a5, 'r~quire that the
Drawings and Specifications prepared by th~ ~{igine~r, ~-~.'~i~ ~it~out additional compensation as
necessary to make them bear a reasonable portion of the burden of reducing the Construction Cost of This
Part of the Project so that the fixed limit of Construction Cost for the entire Project is not exceeded. The
providing of such service shall be the limit of the E~n~ee~;s ~e~P°nsib~ ~ this regard, and having done so
the Engineer shall be entitled to compensation for all services performed in accordance with this Agreement.
ARTT~T .~ zl.
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries Of a.,ll the Engineer's personnel engaged on
the Project, and the portion of the cost of their mand.a~ory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions, and similar contributions and benefits.
ARTTC'T .;~ 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and
include actual expenditures made by the Engineer and the Engineer's employees and consultants in the
interest of the Project (to the extent they are reimbursable by the City for the expenses listed in the following
Subparagraphs; provided that engineer shall not be reimbursed for expenses unless prior written approval
therefore has been obtained from City.
5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-
town travel; long distance communications; and fees paid for securing approvals of authorities having
jurisdiction over the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents,
excluding reproductions for the office use of the Engineer, the City and the City's consultants.
5.1.3 Expense of data processing and photograpktic production techniques when used in connection with
Additional Services.
5.1.4 If authorized in advance by the City, expense of overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups requested by the City.
~TTC'T .~ ~
PAYMENTS TO THE ENGINEER
6.1 PAYMENTS ON ACCOUNT OF SERVICES
6.1.1 Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made on the
basis set forth in the Agreement.
6.1.2 The City shall disclose to the Engineer, prior to the execution of this Agreement, any contingent or
other special provisions relative to compensation.
6.1.3 The Engineer shall submit, in timely fashion, invoices for Basic Services, Additional Services and
Reimbursable~ Expenses. The City shall review such invoices and, if they are considered incorrect or
untimely, the City shall review the matter with the Engineer and confirm, in writing to the Engineer within
ten days from receipt of the Engineer's billing, the City's underst,3, nding of the disposition of the issue.
6.1.4 If and to the extent that the Contract T~ initially established in the Contract for Construction is
exceeded or extended through no fault of the Engineer, compensation for any Basic Services required for
such extended period of Administration of the Construction Contract, shall~be c, omputed as set forth in the
Agreement.
A~TTC'T ,1~. ?
ENGINEER'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services
performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally
accepted accounting principles and shall be available to the City or the City's authorized representative at
mutually convenient times.
,6. RTTC'T .'1~ g
OWNERSHIP AND USE OF DOCUMENTS
8.1 Except for reference and coordination purposes in connection with future additions or altera~0ns,to ·
the Work. Drawings and Specifications prepared by the Engineer in instruments of service are and shall be
the property of the City whether the Project for which they are made is executed or not. The Engineer shall
be permitted to retain copies, including reproducible copies, of Drawings and Specifications for such
information and reference. The Drawings and Specifications may be used by the City on other projects, or
for completion of this Project by others.
8.2 The Engineer shall maintain on file, and make available to the City, design calculations for This Part
of the Project, and shall furnish copies thereof to the City on request.
8.3 Submission or distribution to meet official regulatory requirements, or for other purposes in
connection with the Project, is not to be construed as publication in derogation of the City's or the Engineer's
rights.
engineer.agr