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HomeMy WebLinkAboutresolution.council.127-04 RESOLUTION NO. ja~'- Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR DESIGN AND CONSTRUCTION OF A WATERLINE FOR THE CITY OF ASPEN BURLINGAME RANCH AFFORDABLE HOUSING DEVELOPMENT AND BARJX RANCH LLC, BETWEEN THE CITY OF ASPEN AND MCLAUGHLIN RINCON ENGINEERING, 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 design and construction of a waterline for the City of Aspen Burlingame Ranch Affordable Housing Development and the Bar/X Ranch free market development, between the City of Aspen and McLaughlin Rincon Engineering, a true and accurate copy of which is attached hereto as Exhibit "A'; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Contract for design and construction of a waterline for the City of Aspen Burlingame Ranch Affordable Housing Development and the Bar/X Ranch free market development, between the City of Aspen and McLaughlin Rincon Engineering, a copy o£ 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 ,~~2_ 2004. 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 day hereinabove stated. ity'Ci~rk TLO- saved: 12/2/2004-295-G:\tara\Resos\Burlingame Ranch Affordable Housing,doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and McLaughlin Rincon Engineering, ("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 May 31, 2005. 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 $80,000. 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. Professio/~al 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-conlractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the ~1-971.doc Page 1 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 fi.om 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, pementage, brokerage fee, gifts or any other consideration contingent upon or resulting fi.om 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 fi.om 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, fi.om and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising fi.om 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 workmeffs 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 P~1-971.doc Page 2 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) ~Vorkers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, F1VE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the 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 severability of interests provision. If the Professional has no owned automobiles, the ~1-971.doc Page 3 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 carded 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 contract. No other 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. (0 City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. PS 1-971.doc Page 4 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: Dean Derosier McLaughlin Rincon Engineering 2300 15th St, Suite 220 Denver, CO 80202 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 tenn. 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. 16. General Terms. ~s1-971.doc Page 5 (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 governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS 1-971.doc Page 6 ATTESTED BY: CITY OF ASPEN, COLORADO: Date: l ~'~"~ ' (0~7- ' -c~) WITNESSED BY: PROFESSIONAL: Title: Date: P~ 1-971.doc Page 7 EXHIBIT "A" to Professional Services Agreement Scope of Work SEE A TTA CHED PS1-971.doc Page 8 EXHIBIT "B" to Professional Services Agreement Rate Schedule SEE ATTACHED P~ 1-971.doc Page 9 hlin Rinc6n EXHIBIT SCOPE: BAR/X RANCH WATERLINE IMPROVEMENT PROJECTS This project consists of performing consulting engineering work for design services for the Bar/X Ranch WaterLine Improvement Projects as part of the Burlingame Village Housing Project. The design and construction phases will include, waterline design and construction specifications, construction inspection, and Record Drawings for the project are included in this proposal. We will use the base information provide by Bar/X Ranch and Buckhorn Geotech for our design. PROJECTS: Water Line Relocations and Extensions: The proposed Burlingame Village will require the looping fi.om two different directions, and the design and cost for each loop will be separated. A) 12" and 8" loop from Highway 82 through the Free Market Bar/X Ranch to the Burlingame Village, (-4,000' 12" DIP and 4,500' of 8" DIP) B) 12" loop from Burlingame Village to the AABC, (- 1,500' 12" DIP) Base Maps We will be using base information, topo, road design and alignments, road cross sections, lot lines, building envelopes, easements, and other information submitted in the PUD and the Preliminary water design by the Bar/X Ranch and Buckhorn Geotech. We are assuming that all required base information is available and can be obtained. If additional base information is needed to complete the designs, it will be considered an addition to this proposal. Design Phase Base mapping being provided for the project is not on City of Aspen Base Datum. Design for the line realignments and relocations will be use this mapping, however, Final Asbuilt Drawings will need to be converted to the City of Aspen Datum. The design phase for the projects will include using the base maps compiled above and designing new water facilities to accommodate proposed development and field conditions. The design will require drawings to be drafted for the line relocations, detailing alignment and all other work to be completed as part of the proposed work. It is assumed that McLaughlin Rincon (MRL) will use existing City of Aspen and MRL pipeline details, installation, and material specifications for this project. MRL will provide drawings at 1" = 50-feet horizontal, 1"= 2-foot vertical on 24" x 36" reproducible mylars to the city plus electronic files in AutoCad R-2002 format. The drawings are to be placed on dual format sheets showing plan view on top and profile view on the bottom. MRL will also provide preliminary design of the line replacements for review by the City of Aspen and the Developer at 50% and 90% design stages. We are assuming that lines will be replaced within existing easements or ROW=s, if not new easements will need to be surveyed, described, and recorded with the City by the Developer. Design also includes coordination with CDOT for crossing Highway 82 and the connection to the Burlingame Loop Line, coordinating with the design team for Burlingame Village for the required looping to serve the project, and with the AABC for the looping required at the North end of the project Construction Phase This work will includes Inspection and Record drawing preparation. The record drawings will require drawings to be drafted for the replacements detailing alignment and all other work completed as part of the water line extension. MR will provide the as-built drawing on 24" X 36" reproducible mylar(s) to the City, plus the electronic file in DXF format. As-built work will require an alignment survey and preparation of legal descriptions, plotting easements and ROW on construction plans and recording of the easement. All Survey and legal work is to be performed by the City of Aspen--s Survey Engineers, including construction layout and alignment staking. Surveying new easements will be required if the new design requires the new alignment to be outside the existing easement. Surveying may be required to verify both horizontal and vertical control with the existing system and the City=s GIS system, and new base monument layout. To insure that the installation of the water line extensions will be installed according to City of Aspen and MR drawings and specifications, MR will provide inspection services. MR will make daily site visits to the project to review the contractor progress, installation methods, materials, and other pertinent installation requirements. IVlR will monitor tests and certify that the water line meets design and specified quality requirements. As per our contract, we will bill accordingly to our rate schedule on an hourly rate, with a not to exceed the estimated costs without written approvals. Our estimated costs are based upon construction of the various DIP pipelines and appurtenances including site visits, miscellaneous costs and normal pipeline installation, construction practices, and not working weekends. Addition costs may be incurred due to delays caused by adverse weather, contractor's schedules, and unknown field conditions. We anticipate, based upon other similar projects that, construction for A) Highway 82 Loop will take 120 days to complete and B) AABC Loop will take 30 days to complete. Our costs are also based upon the 4 month construction period. Services provided by others include all surveying, easements, and compaction testing. MR will coordinate any survey work required Summary of Estimated Costs A) Highway 82 Loop to the Village Design $31,000 (Ron/Jim: I based this in two ways - 9,000' ~$60.00/ft x 6.0% fee) = $32,400 or (7 sheets X 40hrs/sht X $92.00 + specs~ 40 hrs X $92/hr) =$29,500 Construction Phase $21,500 (Based on Paul 90days X 3 hrs/d X $61/hr) + ( gdd 120 days at .5 hrs/day)= $21,990 (9,000 X 60/ft X 4% fee) = $21,600 TOTAL $58,500.00 B) AABC Loop - Village to the AABC Design (1500' X $85/ft X .6% fee)= $7,650 or (2 shts X 40 hrs/sht + 8 hrs misc X $92/hr) = $8,280 Construction Phase (1500 X $85/ft X 4% fee) = $5,100 or (30days X 2.5 hrs/day X $61/hr + 30d X 1 hr/d X $92 = $7,335 TOTAL $7,800 $6,100 $13,900.00 gddX3 -3-2801/Bar/XDesignPro Pemonnel Senior Principal Engineer Principal Engineer Senior Project Engineer Project Engineer Professional Engineer Graduate Engineer Resident Engineer/ Senior Resident Resident Inspector Survey Crew Expert Testimony Senior Designer with CAD Station and software Engineering drafter with CAD Station and software Engineer Technician Secretarial w/word processor McLaughlin Rincon, Ltd. Schedule of Hourly Rates Effective February `1, 2004 thru January 3'1, 2005 Minimum Qualifications MS in Engineenng, 25+ years relevant experience, Professional Registration, recognized expertise BS in Engineenng plus 20+ years relevant experience, or MS in Engineering plus 15+ yearn relevant experience, Professional Registration BS in Engineering plus 15+ yearn relevant experience, or MS in Engineering plus 13+ years relevant experience, Professional Registration BS in Engineering plus 8+ years relevant experience, or MS in Engineering plus 6+ years relevant experience, Professional Registration BS in Engineenng plus 4+ years relevant experience, Professional Registration BS in Engineenng plus passed FE examination BS in Engineering plus 4+ years relevant experience; or 10 years relevant experience BS degree or 4+ years relevant experience in heavy construction Two person survey crew complete with Total station or other equipment BS in Engineering plus 20+ years relevant experience, or MS in Engineering plus 15+ years relevant experience, Professional Registration 10 years relevant experience 4 years relevant experience 2003 Hourly Rate $118 $113 $92 $84 $77 $56 $72 $59 $120 $180 $79 $67 $42 $40 Special rates will be negotiated for personnel with qualifications not described in the above schedule, or for personnel to be utilized not meeting the above minimum qualifications. Monthly rates will be furnished for full-time Residents. Billable Expenses Automobile 4 wheel drive vehicle Lodging & subsistence Special communications/printing $.375/mile $.45/mile Actual cost Actual cost Interest at f% per month will be charged on amounts due over 60 days after invoice date. This Schedule of Rates is considered by McLaughlin Rincon, Ltd. to be "CONFIDENTIAL' information. Release of any information contained herein to third parlies is prohibited without express written consent of MR.