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HomeMy WebLinkAboutresolution.council.086-00 RESOLUTION NO. ~ Series of 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT BETWEEN MK CENTENNIAL AND THE CITY OF ASPEN, COLORADO FOR DESIGN SERVICES FOR A NEW INTERSECTION TO BE LOCATED IN THE VICINITY OF STATE HIGHWAY 82 AND OLD STAGE ROAD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an agreement between MK Centennial and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that agreement between MK Centennial and the City of Aspen, 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. INTRODUCED. READ AND ADOPTED by the City Council of the City of Aspen on the /,~ day of ~ ,2000. 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 hereinabove stated. - -~' - Kathr~ g.-K~ch. City Clerk AGREEMENT FOR PROFESSIONAL SERVICES SH82 Old Stage Road Intersection This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and MK Centennial, 402 7th Street, Atrium Suite 111, P.O. Drawer 309, Glenwood Springs, Colorado, Colorado ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work 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 31, 2000. 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. City will designate a representative to review and approve documents submitted by Professional. The representative shall be empowered to render decisions and provide information in a timely manner that will not delay the orderly progress of the work. Professional is entitled to rely upon the information, decisions and approvals furnished by City's representative. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party. 3. Payment. In consideration of the work performed, City shall pay Professional an amount not to exceed $101,262.69, for time and material actually expended and documented per the rate schedule in Attachment A of Exhibit A. 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 billing, the City understanding of the disposition of the issue. Professional invoice shall be for the period ending with the standard MK Centennial monthly billing cycle. On or as soon as practical after the first day of each month, Professional shall prepare and submit to City an invoice covering costs and expenses incurred during the previous month. City shall pay to Professional within thirty days after receipt of the invoice the amount shown to be due. If City fails to make any payment properly due Professional for services and expenses within thirty (30) days after receipt of Professional's invoice therefor, the amounts due Professional will be increased at the rate of 1% per month from said thirty (30 days, and in addition Professional may, after giving 7 days' written notice to City, suspend services under this Agreement until Professional has been paid in full all amounts due for services, expenses and charges. Professional shall be paid by City for the time spent in performance of the services under this Agreement at the rates specified in Scope of Services and Estimate of Fees, which is incorporated herein and made a part hereof. Compensation shall be by a multiplier basis, which shall be the actual wage of the employee engaged multiplied by 2.90. In addition to the above compensation, City agrees to reimburse Professional for all other direct costs and expenses incurred by Professional in the performance of services under this Agreement, including but not limited to the following: · The cost of all materials and supplies used in the performance of the services. Costs for reproduction of plans, specifications, reports and other data, and for computer service at Professional's established rates. Long distance communication costs. · All costs associated with outside consultants, subcontracts, and other outside services and facilities. · Costs incurred for travel and subsistence of personnel engaged in the performance of the services. · Rental of special equipment and special field office. · Any other costs not described above which are proper charges to the project and approved by the City. Professional's estimate for performance of the services, based on its best judgement as to the work required, is outlined in Appendix A. This estimate is for City's budget purposes only, and is not guaranteed. Professional shall not undertake services beyond the total cost set forth in Appendix A without prior authorization by City. 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, other than for work under this contract and paid through the Professional. 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, drawings, maps, models, photographs, reports or other material prepared by the Professional shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. Professional agrees to correct any deficiencies resulting from its negligent performance of its services that are discovered and reported to Professional within one year from the date of completion of its services hereunder. Professional shall only be liable to City for any loss or damage arising out of, or in connection with, Professional's negligent performance of this Agreement. In the event of termination pursuant to this section, such liability shall not exceed the Fee received by Professional hereto, and City hereby agrees to hold Professional harmless from any other liability. Under no circumstances shall Professional, its subcontractors and suppliers, be liable to City for any consequential damages including loss of use, loss of profit, or loss of revenue. 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 negligent 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. The Professional also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment, including court costs and attorney fees, 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 xnaintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability 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 ail 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 ($1,000,000.00) each occurrence and ONE Mil J,ION DOLLARS ($t,000,000.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($I,000,000) each claim and ONE MIl,LION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above, except for Workmen's Compensation and Professional Liability Insurance policies, 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 to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be cancelled, 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 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 C1RSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of A~reement. 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: Professional: Steve Barwick, City Manager Joseph J. Kracum City of Aspen MK Centennial 130 South Galena Street 402 Seventh Street, Atrium Suite 111 Aspen, Colorado 81611 P.O. Drawer 309 Glenwood Springs, CO 81602 13. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13- 98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same 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. (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, superceded 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) The laws of the State of Colorado as from time to time shall be in effect shall govern this agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in throe copies each of which shall be deemed an original on the date hereinafter written. Dated: ATTESTED BY: CITY OF ASPEN, COLORADO: PRqF~SjSfi~ONAL: WITNESSED BY: ~,! APPROVED AS TO FORM BY: agrpro£bid - Version: 4/93 Scope of Services SH 82 Old Stage Road Intersection Design Services May l0th, 2000 Provide design services for the City of Aspen in conjunction with the Colorado Department of Transportation's (CDOT) ABC to Buttermilk project. The Addition of an intersection at the SH 82/01d Stage Road Junction Plan Changes - Revise the current CDOT constmction plans as needed to accommodate the requested change within the CDOT Right-of-Way. Currently we are assuming that the path will cross at grade away from the intersection. The work undertaken on the SH 82 intersection would also coordinate with the remaining Old Stage Road design work done by Schmueser Gordon Meyer, Inc. These revisions are anticipated to impact the following plans: Traffic Signal Design Signing & Striping Plans Retaining Wall Plans Civil Grading, Intersection, Bike path, Access Layouts Drainage Plans Erosion Control Plan Lighting Plans (Bike path and Intersection) Construction Phasing Plans Supplemental Ground Survey - Secure sufficient additional ground survey to adequately define the existing conditions to design and construct the new intersection. This includes complete horizontal/vertical topography and utility locations in the area. Utility Coordination. Provide coordination with utility companies, review of proposed relocation plans and incorporate any required changes of utility plans into the completed construction set. Local Design Coordination - Provide local coordination and information exchange among local jurisdictions and the developer group. Tasks include attendance at local jurisdiction meetings, issue coordinations, coordination reports, and project presentations. Design Support through Bid or Negotiated Contract - Provide continued design support through the plan revision process ending with the negotiated contract change order with the existing CDOT contractor. This includes preparation of addendums, responses to questions, and attendance of the mandatory meeting in Glenwood Springs or Aspen. The completion date for all work is July 31, 2000. Payment for this work will be payroll factor compensation with an amount not to exceed $101,262.69. The payroll multiplier is 2.90. Old Stage Road Intersection Attachment A Costs Project Number: 2322.00 Location: Aspen, CO Firm Name: MK Centennial Name of Preparer: Nicholas A. Senn Phone No.: 785-628-7500 Scope of Work Date: 8-May-00 Type of Proposal: Multiplier Contract Time: 31-Jul-00 Estimated Beginning Date: 17-May-00 1. DIRECT LABOR Hourly Work Name Classification Rate Hours Total Joe Kracum Principal $46.96 40 $1,878.40 Nicholas A Senn Project Manager $28.56 160 $4,569.60 Isan Fan/Ron Ilk/Steve Pouliot Q.C. Managers $37.12 200 $7,424.00 Doug Stremel/Sam Patton Project Engineer $25.90 330 $8,547.00 Stacy Tschour/Mark Bancale Traffic Engineer $23.83 70 $1,668.10 Steve McGrann Party Chief $16.85 40 $674.00 Matt Kinsella Designed Drafter $20.48 300 $6,144.00 Pat Zorko Word Processor $16.04 25 $401.00 TOTAL DIRECT LABOR 1165 $31,306.10 2. TOTAL LABOR, INDIRECT COSTS, AND FEE (MULTIPLIER 2.90) $90,787.69 3. OTHER DIRECT COSTS (DIRECT NON-EABOR EXPENSES) Reproductions Xerox Copies - B & W 1000 Each @ $0.10 $100.00 Xerox Copies - Color 100 Each @ $1.00 $100.00 Lodging 5 Nights @ $75.0O $375,00 Per Diem 5 Days @ $75.00 $375.00 Mileage 2500 Miles @ $0.45 $1,125.00 Cadd Time 200 Hours @ $12 $2,400.00 Total Station Rental 5 Days @ $100 $500.00 Air Fare 2 Lump Sum @ $250.00 $500.00 Mailing/Freight 1 Lump Sum @ $100.00 $100.00 Telephone 1 Lump Sum @ $500.00 $500.00 4. TOTAL OTHER DIRECT COSTS $6,075.00 5. OUTSIDE SERVICES (SUB-CONSULTANTS)(MULTIPLIER 10%) Leonard Rice and Associates (Sanitary) $2,200.00 Clanton and Associates (Lighting) $2,200.00 6. TOTAL CONTRACT COSTS I $101,262o69 Ii declare that to the best of my knowledge the statements made on this document are true and complete and that wage rates and other proposed costs on this contract are accurate and complete and include no unallowable or duplicate costs and that I am a Senior Vice President and a duly authorized representative Of the firm of: MK Centennial Engineering, Inc. 402 Steveth Street P.O. Drawer 309 Glenwood Spdngs, CO 81602 (Typed Name) (Date Signed)