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HomeMy WebLinkAboutresolution.council.046-07RESOLUTION #46 (Series of 2007) .. A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WRC ENGINEERING SETTING FORTH THE TERMS AND CONDITIONS REGARDING RIO GRANDE SKATE PARK EXPANSION PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and WRC Engineering, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and WRC Engineering regarding Rio Grande Recycle Center and Skate Park Expansion, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ ichae C. Ir and, Mayor 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 June 11, 2007 / f Kat S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES ~. This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and WRC Engineering, Inc, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scone 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 caze 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 9/1/2007. 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 "A" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $50,100.00 . 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-Assig ap bility. 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 maybe 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, drawings, maps, models, photographs, reports or other material prepazed by the Professional PS2-971.doc Page 1 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 maybe determined. 6. Covenant Against Contineent 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. Indenendent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional.. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of 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 fmal 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 -~ PS2-971.doc Page 2 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) 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 FNE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOU- SAND DOLLARS ($500,000.00) disease - policy limit, and FNE HUNDRED ~,.. THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status maybe 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 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 ($1,00Q00- 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 requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. ,._ PS2-971.doc Page 3 (iv) Professional Liability insurance with the minirnum 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 insur- ance, and any insurance carved 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 mirrimum limits aze 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. (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 CIItSA Property/Casualty Pool. Copies of the CII2SA policies and manual aze kept at the City of Aspen Finance Department and aze 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. PS2-971.doc Page 4 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 aze 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: City Manager Alan J. beak, P.E. City of Aspen WRC Engineering, Inc 130 South Galena Street 950 S. Cherry Street, Suite 404 Aspen, Colorado 81611 Denver, Colorado 80246 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13- 98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, ~,, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regazd 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 forbeazance 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. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof PS2-971.doc Page 5 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 6me 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] <, ~, . PS2-971.doc Page 6 ATTESTED BY: ~7~ ~s~ WITNESSED BY: °~~,~ CITY OF ASPEN, COLORADO: Title: ~(//.~^ /" 1~6t~f~.cLc Date: CO ~ 7 ~ ~, PROFESSIONAL: W R~ ~ ~, v~~~eer~Kq 1-+1L BY: ~.S _ ~~ Title: ~,-~ ;,,,,g / ~ O Date: 5 _~ -1b0~ PS2-971.doc Page 7 EXHIBIT "A" to Professional Services Agreement WRC Engineering, Inc Proposal File: P-1459R (To be completed prior to execution of Agreement) PS2-971.doc Page 8 n ~ WRC ENGINEERING, ~Nc. Apri127, 2007 Mr. Tyler Christoff City of Aspen 130 South Galena Street Aspen, Colorado 81611 WRC File: P-1459R RE: Proposal for Design of the City of Aspen Redeveloped Recycle Center Deaz Mr. Christoff: WRC Engineering is pleased to submit this proposal for design of the City of Aspen's Redeveloped Recycle Center Our understanding is that the City desires to redevelop and replace the exisfing recycle center with a formalized and ADA accessible Recycle Center. Our understanding of the tasks involved in preparation of this design is based upon our discussions with you and Mr. Scott Chism, our familiarity with the site, and our previous design work in and around the site. As part of this contract Dunnet[ Design Group (DD) will provide landscape architecture and schematic design services in accordance with our discussions. Issues which will be addressed as part of our and DD's scope-of-services include: - Site safety related to access, snow and ice, frceze/thaw, drainage, and ADA requirements and w.- guidelines. , - Si[e maintenance related to access, snow storage and removal, debris collection, and life cycle costs. - Aesthetics related to debris containment and visual screening consistent with the overall Rio Grande Park aesthetics and funcfions. - Si[e drainage including the proposed skate park expansion. - Replacement hatches for the Rio Grande sedimentation basin. - Skate Park landscaping and adjacent grading. Based upon this understanding, we propose the following scope-of-services. 1. Project Coordination Meeting. WRC and our landscape architect will meet with the City initially to review the recycle center concept flan, obtain input on the project components and finalize project expectations and necessary design requirements. WRC will also present a refresher on [he proposed Rio Grande Park Water Quality improvements. We will also discuss how to integrate the recycle center storm water components and the proposed skate park expansion into the proposed Rio Grande Park Water Quality Improvements. WRC will also conduct a field review of the site and [he existing hatches [o [he Rio Grande sedimentation basin. WRC will also review any information available a[ the City for the existing hatch and vault design. This task also includes Task 1.0 of DD's proposal (attached). 2. GeotechnicslInvestigation. WRC's geotechnical sub-consultant will conduct a field investigation including three exploratory borings and laboratory tests to classify the subsurface conditions and provide recommendations for facilities and CONSULTING ENGINEERS 950 SOUTH CHERRY STREET • SUITE 404 • DENVER, COLORADO 80246 • (303) 757-8513 • FAX (3D3) 758-3208 • wrce®wrceng.com w.,_ Mr. Tyler Christoff City of Aspen WRC File: P-1459 Apri127, 2007 Page 2 pavement design. 3. Schematic Design WRC will refine the City's current schematic design of the Recycle Center and provide said refined schematic design as well as a schematic landscape plan to the City for review and comment. As part of the schematic design phase, WRC will provide a schematic design and cost analysis of fixed vs. modulaz ramp systems for access to the recycle center containers. This task also includes Task 2.0 of DD's proposal. 4. Hatch Design WRC will design a replacement hatch and supporting concrete and steel improvements (as needed) in accordance with loading requirements as detetntined with the City. For this design, WRC assumes that the asconstntcted improvements did not meet an HS-20 design load requirement. 5. Drainage Devgn WRC will revise the current Rio Grande Water Quality Facilities Design to include only that portion of work from existing Manhole STMH7 or STMH 8, including outfall to an existing pond. WRC estimates the amount of work to be approximately equal for either option. This work will also include any a..~ additional design required for temporary or permanent outfal] to the existing ponds. 6. Draft Final Design. WRC will prepare a draft final design of the recycle center redevelopment which will include the following: - Demolition Elements - Site Layout and Control - Pavement Design - Stormwa[er Facilities (including skate park expansion drainage) - Recycle Facilities Access - Landscaping Including Plantings and Irrigation. - Electrical and Lighting Facilities WRC will produce draft cons[roction drawings and specifications for the recycle center redevelopment and the storm water improvements necessary for the skate park expansion. WRC will also prepare construction specifications, bid documents, and contract documents (to be supplied by the City). This work also includes Task 3.0 of DD's proposal. 7. Final Design Review/Revision WRC will meet with the City to review and receive wmments on the draft final design documents. WRC will revise said plans and documents and produce a final set of plans and construction documents for project bidding. ' Mr. Tyler Christoff - City of Aspen WRC File: P-]459 Apri127, 2007 Page 3 8. City Council Presentation WRC will present the draft Final Design Plan for the City Council for public review and comment prior to finalizing the plans and construction documents. 9. Construction Administration/Management WRC will work with the City staff to determine the level of construction administration/management the City desires for construction of portions or all of this proposed project. This task is only for general coordination prior to bidding and conswction and includes Task 5.0 of DD's proposal. WRC's estimated fees to perform the above stated scope-of-services are as follows: TASK ESTIMATED FEE 1. Project Coordination Meeting $2,800 2. GeotechnicalInvestigation $3,500 3. Schematic Design $20,000 4. Hatch Design $3,700 5. Drainage Design $2,600 6. Draft Final Design $12,500 7. Final Design Review/Revision $2,300 8. City Council Presentation $1,500 9. Conswction Administra[ion/Management $1,200 Tasks 1 - 9 Total Estimated Fee $50,100 We propose to provide services for Work Tasks 1- 9 for a no[-tocxceed fee of $50,100. This fee includes Tasks 1.0, 2.0, 3.0, and 5.0 of DD's proposal (attached). We anticipate the time needed to complete Tasks 1 - 9 to be six weeks. WRC invoices for our services on a monthly basis. Payment for said services is expected within [ 5 days of receipt of invoice. Your signature below signifies your acceptance of [his proposal and our Notice [o Proceed. If this proposal is acceptable, please sign both copies and return one copy to WRC for our files. ,,ter Mr. Tyler Christoff City of Aspen WRC File: P-1459 Apri127, 2007 Page 4 We appreciate the opportunity to provide these services. We hope this proposal meets your needs and desires. If you have any questions, please call. Respectfully submitted, WRC ENGINEERING, INC. ~'7 ~ .n ~,,/~ Alan J. Leek, P.E. President Signature Title Date ajVell attachment Scope of Work Landscape Architectural Professional Services Rio Grande Park Recycle Center and Skate Park Expansion April 26, 2007 Prepared For: Mr. Alan Leak, WRC Engineering, Inc. Prepared By: Dunnett Design Group, Inc. (DD) The following Scope of Work outlines landscape professional services for schematic design and construction documents for the abovementioned project. DD understands the project area to include street frontage along Rio Grande Place Rd. hom the existing recyde entry to the east to the edge of the skate park to the west bounded by the existing Rio Grande trail to the east and north. 1.0 Slart~up, 6aaa Mapping and Date Collection DD will verify survey and project information as provided by WRC and confirm accuracy of existing site elements, including vegetation, pavement, storm water, property Ilnes, infrastructure etc... DD will photograph the site, prepare base mapping, and coordinate w/WRC to obtain any additional base information if necessary. DD will meet w/ Aspen Parks Planning staff and WRC to discuss project history. Meetings/ Coordination Hours Coordination, site visits and base map drawing/ organization 16 subtotal 16 Title Rate Hours Subtotal Principal $100 8 $B00 Staff lA $70 8 $560 $1,360 2.0 uu Nan modrry the sae layout as cased on addaionai input as received oy me ary of aspen. r ne exrsnng scnemasc design options as designed by the Aspen parks' and engineering staff will serve as the template for the overall site design. DD will address the program elements/ topics as outlined below, coordinate w/ WRC in the development of the schematic plans and details and provide schematic hand drawn/ scaled plans and details for WRC. DD understands that WRC will be responsible for the production and final design of all construction documents/ specifications except for the final planting plan- to be completed by DD. The schemafic plans and details are to be used as a template for design and aesthetics only, and are not intended to be used for final construction. Program Elements 1: Site pedestrian circulation and accessible criteria 2. Interpretive area locations/ design and schematic drawings (not including graphic/ panel design) 3. Wall, railing, and accessible ramps (movable options) for both recyde area and the skate park expansion area 4. Locations and design of secondary recycling element spaces- batteries, plastic bags, telephone books and organic landscape waste- DD will need to coordinate w/ Ciry and County agendas to determine appropriate container sizes and types. DD assumes that City and County agencies will be responsible for the selection and ordering of all containers! bins for recycling. 5. Schematic planting plan and plant schedule (DD assumes landscape and iMgation to be installed by City) 6. Determine alternative locations for existing storm water monitoring stations 7. DD will provide a schematic design concept for the expanded skate area including perimeter walls, pavement area and access stairways/ railings for non-skate elements. DD understands that the skate consultant will be responsible for all design and drawings of atl skate elements within the expanded skate area. DD will coordinate directly with the skate consultant in determining locations of the skate elements. areas-including revised grading w/ spot subtotal 176 Title Rate Hours Subtotal Principal $100 96 __ ____ _ $9,600_ Staff lA $70 120 ,400 218 $18,000 3.0 Constnutlon Documents DD will provide a landscape planting sheet to be included in the construction document package as prepared by WRC. subtotal 12 Products/ Final construction documents "- Planting plan (AutoCAD) 8 subtotal 8 Title Rate Hours Subtotal Principal $100 6 $600 Staff LA $70 14 $980 20 $1,680 Title Rate Hours Subtotal Principal $100 6 $600 Staff L.4 $70 0 $0 6 $600 Grand Total 527,540 5.0 Constructbn Administration and Construction Observation Services DD will bill any time in regard to construction administration and construction observation on an "as needed" houdy basis at the request of the Ciry of Aspen. This time will be billed hourly at the rates listed above. The time listed below is for general coordination with the Ciry and WRC.