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HomeMy WebLinkAboutresolution.council.046-04RESOLUTION NO../4'¢ Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR DESIGN AND INSTALLATION OF AN AIR CONDITIONING SYSTEM FOR THE UPPER LEVEL OF THE ASPEN RECREATION CENTER, BETWEEN THE CITY OF ASPEN AND McCLURE ENGINEERING AssoCIATES, 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 installation of an air conditioning system for the upper level of the Aspen Recreation Center, between the City of Aspen and McClure Engineering Associates, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE 1T RESOLVED BY THE COUNC~-L OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Contract for design and installation o f a n air conditioning system for t he upper 1 evel o f t he Aspen Recreation Center, between the City of Aspen and McClure Engineenng Associates, a copy of which is annexed hereto and incorporated hereto, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, RFc,AD AND ADOPTED by the City Council of the City of Aspen on the /'~q~- day 2004. Mayo~ 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 a meeting held on the day her inabove stated, / a~A/,~ TLO- saved: 5[4/2004-280-O:\tam~Resos~ARC.AC.doc [hryn S. K~h~ Ci~ C~erk Reeular Meefin~ Aspen Ci,tyCouncil May 10,2001 fund and to approve a contract to hire a consultant to propose water and electric rates. Overeynder told Council the city's water rates are complex and the electric rates are simple. Overeynder said he hopes these will become more balanced. This business plan will also look at incentives to conserve water and electricity; financing for conservation programs; increasing the ability to satisfy in-stream flow reqUirements; increasing the percentage of renewable energy, and expanding the ability to get through drought years. Overeynder pointed out there is a cOntingency in the budget for the consultant to hold customer meetings to explain the different rate structures. Overeynder said the scope of work also includes looking thrOUgh the AMP to make sure all capital expenditures are defined and provided for. Councilman Paulson moved to approve Resolution #45, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried: RESOLUTION #46, SE~ES OF 2004 _ Contraci Cooling System 300 Level of the ARC Tim Anderson, recreation director, told Council staff worked with an independent contractor to make sure all mechanical systems were installed and operating per specifications. Anderson said the system they first loOked at did not meet the city's noise ordinance. Anderson told Council there is an amended contract as there are time constra/nts. Anderson said his scope of work to the contractOr is for a design build. The amended contract not to exceed price is $91,700 Anderson said this air-handling unit will serve the Youth Center, fitness room and office space behind the counter. The money for this will come out of the ARC capital fund, which has about $133,000 in it. Councilwoman Richards said it is important to get this £aciliW running correctly. Councilman Semrau agreed this should be fixed. Councilwoman Richards moved to approve Resolution #46, Series of 2004, with the adjusted price of $91',700; seconded by Councilman Semrau. All in favor, motion carried. ,REq)UEST FOR FUNDS -CCLC Charles Kennedy, CCLC, requested $40,000 to fund 3 events; $15,000 for Aspen Goes Bazaar, $5,000 for Sunday night at the movies in Wagner Park, and $20,000 for Friday Night come to town. Kennedy said a lot of this work will be done through the downtown catalyst and the CCLC. Kennedy 7 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and _McClure Engineering Associates_, ("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 July 1, 2004. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's serv/ces wh/ch shall be adjusted as required as thc 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. Except as othenvise mutually agreed to by the parties the payments made to Professional shall not initially exceed $70,500.110. 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 Pi'ofessional within ten days from receipt of the Professional's bill. Additional work mutually agreed upon in writing by both parties shall be charged at a rote as identified in the "Scope of Work". 4. Non-Ass~. Both panics 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 rel/eve 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 subeentraet. The City shall not be obligated to pay or be 1/able for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addreSSed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, PS1-971.d0c Page 1 termination. Upon any termination, all finished or unfirfished documents, data, stud/es, 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 ml/eved 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 mount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he ha~ 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 JSbm the award or making of this contract 7. Independent Contractor Stares. It is expressly acknowledged and understood by the parties thaz 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 m 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 rrmnner 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, agenm or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professinnal's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss ia 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 /ncome mx 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 iajury, 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 ia whole or in part by, or is claimed to be Caused in Whole or in part by, the ac~, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subeonlzactor 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 workman's compensation claim of any employee of the Professional or of any employee of any sub-contractor of the Professional. The Professional agrees to investig~ae, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands atthe sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the 1-971.doc Page 2 defense costs incurred by the City in connection with, any such liabi/ity, 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) Professiorml agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against ~ 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 nnposed 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. Co) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the min/mum 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 assum&d 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. (1) 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 HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single 1/mits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MIl,LION DOLLARS ($1,000,000.00) aggregaze. 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 acrs), blanket contractual, independent conuaetors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with rain/mum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE IvlILLION 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 sevembi]ity of interests provision. If the Professional has no owned automobiles, the ~1-971. doc Page 3 requ/remen~s 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 mimmum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE M1LLION DOLLARS ($1,000,000) aggregate. (e) The policy or policies required above shall be endorsed m 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 agem 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 commencemen~ 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 00) 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/mmediately terminate this conuact, 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 connect/on 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 and agree that City is relying on, and does not waive or intend to waive by any pmwsion 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 Govemmemal 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. Cites Insurance. The parties hereto understand that the City is a member of the Color, rio hatergovemmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the C1RSA policies and manual are kept at the City of Aspen Finance Departmenl and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. ~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 end/or addresses listed below or mailed by certified mail return receipt requested, to: Steve Barw/ck City of AsPen South Galena Street Aspen, Colorado 81611 Professional: Eric Utterson McClure Engineering Associates 4545 Oleatha Avenue St. Louis, Missouri 63116-1719 13. Non-Discrimiuation. No discrimination because of race, color, geed, 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 t~o 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 t~rm, covenant, or condition of th/s 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 co~stitute 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 the/r 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 d~ly 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. PS 1-971.doc Page 5 (a) It is agreed that neither this agreement nor any of its ~erms, prov/sions, conditions, representations or covenants can be modified, changed, terminated or mended, waived, superseded or extended except by appropriate written insmmaent fully executed by the parties. Co) 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 atter 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 exeeute~ or caused m be executed by their duly author/zed officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURESONFOLLOWINGPAGE] ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: ~1-971.doc Page 6 WITNESSED BY: PROFESSIONAL: By: Title: Date: ~'~1-971.doc Page 7 SCOPE OF WORK Design A. MeClure Engineering Associates will provide Design documents, drawings and specifications for all aspects pertinent to Option 1 identified in attachment "A" herein. This would refer to Cooling via a Direct Expansion Refrigeration system. B. TheDesign would refer to a system being intr0dueed to Air Handling Unit (AHU)-5 within the Aspen Recreation Center and all components, drawings and documents necessary. C. The equipment specified in the design shall not exceed 50dbl at the ARC property line per the City of Aspen Noise Ord/mmce. Drawings/Documents A. McClure Engineering will provide all necessary drawings, bid documents, and pertinent specifications required, for accurate bidding of the installation of this system. Consulting A. McClure Engmeering Associates will be available for consulting throughout the project. Consulting will include: 1. Available forphone consultation 2. Available for document review w/th contractor 3. Available for construction management and proper installation of systems -by contractor. 4. Available for consultation in the selection of contractor. 5. Available for travel to trouble shoot project. 6. All consulting and commissioning shall be within an allotted amount of $9,431. Any consulting in excess of the $9,431 shall be billed to the City of Aspen at an hourly rate of $135/hr. for senior partners, $105/hr. for senior engineers, and $80gar. for a designer. Procuremem A. McClure shall procure and deliver all specified equipment. Commissioning A. McClure Engineering Associates shall inspect and commission the project following construction. Commissiqning will include: 1. Proper Installation ofprojeci 4 2. Overseeing startup of systems 3. Ensuring that unit operates per specifications 4. Seeing that all deliverables (operational and maintenance manuals) are received. Installation A. McClure shall be completely responsible for installation, testing and start- up of specified equipment.