HomeMy WebLinkAboutresolution.council.089-04 RESOLUTION NO. '~
Series of 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR LANDSCAPE ARCHITECTURAL
PROFESSIONAL DWELL TIME DESIGN SERVICES FOR ASPEN'S DOWNTOWN
CORE, BETWEEN THE CITY OF ASPEN AND DUNNETT DESIGN, AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for
landscape architectural professional dwell time services for Aspen's downtown core,
between t he City o f Aspen a nd D unnett Design, a t rue a nd accurate copy o f which i s
attached hereto as Exhibit ..... A,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
landscape architectural professional dwell time services, between the City of Aspen and
Dunnett Design, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the Mayor or City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the /,.~ day of,~~.~_~004.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a tree and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the da~d. ~ ,/~ /
Kathryn S./l~ochl Ci'ty Clerk
TLO- saved: 9/8/2004-253-G:\tara\Resos\dwell time.doc
Scope of Services
Dwell Time Master Planning for Downtown Aspen
Revised September 7, 2004
Prepared For: Ms. Lisa Baker, Aspen Downtown Catalyst and Scott Chism, Aspen Parks Planner/Project Manager
Prepared By: Dwell 3 (D3): D3 is Kevin Dunnett- Dunnett Design, Art Burrows- Ajax Design & Communications, Willis
Pember- Willis Pember Architects
Please refer to the attached project timeline for a detailed outline of the overall project schedule.
Phase I: Project Start-Up
1,0 Start-up and Base Mapping Team Member Rate Hours
Total
D3 will rely On the City of Aspen to provide all relevant Kevin Dunnett $80
reports, drawings, and studies including base mapping of
the site both hard copy and digital format as required to Art Burrows $80
perform the work as outlined in this scope of services. D3 Task Sub-Total
will organize and prepare project base mapping using
AutoCAD software.
Meetings and Coordination
Coordination w/appropriate City Departments to obtain project materials as outlineC above @ 2 hrs.
8 $640
4 $320
12 $960
Products
= Base ma pping (scales to be determined)
1.1 Research Field Trip
D3 and two members of the advisory group will partake in a
one-day field trip to Beaver Creek, Vail, Breckenridge and
Boulder, Colorado to photograph and analyze dwell areas in
other communities.
Kevin Dunnett $80 4 $320
Art Burrows $80 4 $320
Task Sub-Total 8 $640
1.2 Site Analysis and Opportunity and Constraints
D3 will assess all relevant work completed to date and
provide analysis of the existing design concepts as well as
site analysis and opportunity and constraints for the project
areas. D3 will assess the current project goals and
principals.
Meetings and Coordination
General project coordination/administration @ 4 hrs.
(2) meeti0gs w/project stakeholders @ 2 hrs. ea
Products
= Site analysis/opportunity and constraints plans
"Project research/precedent imagery
Kevin Dunnett $80 40 $3,200
Art Burrows $80 20 $1,600
Willis Pember $80 32 $2,560
Task Sub-Total
92 $7,360
1.3 Advisory Group Meeting #1 Team Member Rate Hours Total
D3 will meet with the Advisory group to review the project
vision, goals, principals and to refine the project program
D3 will review work completed to date, present project
research, and site analysis/opportunity and constraint
drawings. D3 will also address all of the program elements
as outlined in the RFP section III Scope of work (page 3) for
the identified project areas including elements appropriate
for the Highlands Base area.
Meetings and Coordination
General project coordination/administration @ 4 hrs.
(1) Advisory Group Meeting @ 3 hrs. (includes meeting preparation)
Kevin Dunnett $80 8 $640
Art Burrows $80 8 $640
Willis Pember $80 5 $400
Task Sub-Total 21 $1,680
Phase I1: Conceptual Design
2.0 Conceptual Design
Phase I Sub Total $10,640
D3 will develop preliminary design concepts and enhance
and modify the existing concepts based on conclusions and
input from the first advisory committee meeting as outlined
in 1.3 above. Preliminary locations and design concepts will
be developed for way finding signage as well as the other
program elements as listed below.
Meetings and Coordination
General project coordination @ 4 hrs.
(1) Progress meeting w/Scott C. and Lisa B. @ 1.5 hrs.
Kevin Dunnett $80 40 $3,200
Art Burrows $80 40 $3,200
Willis Pember $80 36 $2,880
Task Sub-Total
116 $9,28O
Products
Products [at least two or more design concepts will be
prepared for each item). Initial design concepts will be
prepared and rendered by hand.
· Conceptual site plan(s)
· Signage/way finding concepts
· Seating and table concepts
· Fire pit concepts
· Music venue-concepts
· Performance space concepts
· Signage/way finding/interpretive displays
· Kiosk concepts
· Newspaper and Bicycle rack concepts
In Addition: D3 will also address other design related
issues associated with the project areas and the above
program elements, including and not limited to overall
downtown and park design enhancements, gateway/
entry points, bus stops, architecture, lighting, store
fronts and sign codes.
2.1 Advisory Group Meeting #2 Team Member Rate Hours Total
D3 will present preliminary design concepts to the Advisory
Group and key stakeholders. Revisions and or additions will
be made prior to the first Council work session/public
meeting.
Meetings and Coordination
Advisory Group Meeting @ 2 hrs.
(2) additional meetings w/relevant stakeholders @ 2 hrs. ea.
Kevin Dunnett $80 18 $1,440
Art Burrows $80 16 $1,280
Willis Pember $80 12 $960
Task Sub-To~l
46 $3,680
2.2 Council Work Session/Public Meeting #1
D3 will present conceptual design concepts for all of the
program elements as outlined above including the
Highlands base area: D3 assumes that City Staffwill handle
all meeting advertising and contact the key participants for
all meetings and presentations.
Kevin Dunnett $80 17 $1,360
Art Burrows $80 6 $480
Willis Pember $80 6 $480
Task Sub-To~l
29 $2,320
Meetings and Coordination
General project coordination/administration @ 4 hrs.
Council Work Session/Public Meeting #1 @ 3 hrs. (includes meeting preparation)
Products
· Conceptual site plan(s)
(At least two design concepts will be prepared for each
program item) Design concepts will be a combination of
hand drawn sketches and photo simulations produced with
Adobe photoshop software.
2.3 Revisions
Revisions will be made based on input received from the
Council Work session/Public meeting.
Meetings and Coordination
General project coordination/administration @ 4 hrs.
Kevin Dunnett $80 8 $640
.Art Burrows $80 6 $480
Willis Pember $80 5 $400
Task Sub-Total
19 $1,520
Phase II Sub Total $16,800
Phase II1: Final Master Plan and Concepts
3.0 Preliminary Schematic Design
Team Member
Rate Hours Total
Preliminary schematic design concepts, site locations and
signage/way finding elements will be refined and drawn
with rough dimensions. D3 will present a preliminary
estimated budget for the program elements. A hand drawn
rendered master plan will be provided. (Design
development drawings and additional coordination time
with material suppliers and contractors, which is not
included in this scope of work will be necessary to
develop more accurate cost projections).
Kevin Dunnett $80 40 $3,200
Art Burrows $80 32 $2,560
Willis Pember $80 30 $2,400
Task Sub-Total
102 $8,160
Meetings and Coordination
General project coordination/administration @ 6 hrs.
Products
· Scaled hand drawn rendered master plan drawing
· Photoshop design simulations of program elements
· Preliminary schematic sections and elevations w/rough dimensions and
material call-outs
· Preliminary estimated budget of program elements
3.1 Advisory Group Meeting #3
D3 will present the final Master Plan and preliminary
schematic design concepts and make additions and
revisions as necessary.
Meetings and Coordination
General project coordination/administration @ 4 hrs.
Advisory Group Meeting @ 2 hrs.
Kevin Dunnett $80 8 $640
Art Burrows $80 4 $320
Willis Pember $80 4 $320
Task Sub-To~l
16 $1,280
3.2 Final Council Work Session and Public Meeting
D3 will make revisions based on input from 3.1 and present
the final master plan and preliminary schematic design
concepts for all of the program elements as outlined
(including the Highlands base area).
Kevin Dunnett
Art Burrows
Willis Pember
Task Sub-Total
Meetings and Coordination
General project coordination/administration @ 4 hrs.
Final Council Work Session/Public Meeting @ 3 hrs. (includes meeting preparation)
$80 10 $800
$80 6 - $480
$80 6 $480
22 $1,760
Products
· Final Master plans, simulations and preliminary
schematic details! sections and elevations. Preliminary
schematic details will include rough dimensions and
material call-outs.
= Preliminary estimated budget
Phase II Sub Total
Grand Total
$11,200
$38,640
Not included
1. Construction drawings, plans and details
2. Civil (Grading and drainage plans) and structural engineering
3. Soiis analysis/geotechnical engineering
4. Detailed construction cost estimating
5. Site surveying and or layout drawings
6. Coordination with utility companies
7. Time and materials required for meeting advertising
8. Meetings in addition to what is listed above
9. Time required to obtain necessary approvals and or permitting
Additional Services
Services outside of this scope of work and what is listedaboVe (items f-9) are not included; however D3 is able to include
additional services if requested on either a fixed fee or an hourly basis.
Direct Costs
Direct costs such as, reprographics, delivery, postage, and materials required for the completion of work are not included,
and will be billed at cost with a fO% mark-up. The client will be billed monthly, based on work completed to date. Mileage will
only be billed for out-of town travel at a rate of.38 cents per mile.
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY
OF ASPEN, Colorado, ("City") and Dunnett Design ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree
as follows:
Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
Completion. Professional shall commence work immediately upon receipt
of a whtten 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 December 31st. 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.
Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially
exceed $38,640. 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.
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.
Termination. The Professional or the City may terminate this Agreement,
without specifying the reason therefore, by giv/ng notice, in writing, addressed to the other
party, specifying the effective date of the termination. No fees shall be eamed after the
effective date of the termination. Upon any termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, repons 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.
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.
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.
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 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.
Professional's Insurance. Due to the design nature of the contract and the
low risk involve, insurance requirements will be waived per the City Attorney.
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.
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.
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:
Kevin Dunnett
Dunnett Design
82 West Lupine Drive
Aspen, CO 81611
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.
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 whtten 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.
Execution of Agreement by City. 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.
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]
ATTESTED BY:
CITY OF ASPEN, COLORADO:
WITNESSED BY: