HomeMy WebLinkAboutresolution.council.146-00 RESOLUTION NO. 146
(SERIES OF 2000)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A
PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND
WILLIS PEMBER ARCHITECTS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a professional service
agreement between the City of Aspen, Colorado and Willis Pember Architects, a copy of
which is annexed hereto and part thereof.
NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that a Professional Service
Agreement between the City of Aspen, Colorado, and Willis Pember Architects, regarding the
design of the Wagner Park Restroom and Storage Building, a copy of which is annexed hereto
and incorporated herein, and does hereby authorize the City Manager to execute said
Agreement on behalf of the City of Aspen.
Dated: //~' '-~ t~ ,2000.
I, Kathryn 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 ~ oO~7 ,2000.
_-- '~Katt~n ~. Koch, City Clerk -
MEMORANDUM
TO: Mayor and Council
THRU: Steve Barwick, City Manager
Jeff Woods, Manager, Parks and Recreation
FROM: Scott Chism, Parks Planner ~
DATE: November 20, 2000
RE: Resolution #2000-146: Approval of the Architectural Professional
Services Contract for the Wagner Park Restroom Facility
CC: John Worcester, City Attorney
SUMMARY: An architecture firm has been selected by the Parks Department to
provide professional design services for the architectural design and documentation of the
Wagner Park Restroom/Storage Building. The Architectural Consultant has developed a
scope and fee which should be acceptable to the City. An Architectural Consultant is
required to assist city staff to fully develop the building design and structure.
At this time we are requesting you to authorize a Professional Services Contract for
the ARCHITECTURAL DESIGN SERVICES OF THE WAGNER PARK
RESTROOM/STORAGE BUILDING for the amount of $27,500.00.
BACKGROUND: The Parks Department formed a design competition at the
recommendation of the Aspen Historic Preservation Committee in order to open up the
idea and selection process for architectural proposals for the Wagner Park
Restroom/Storage Building. The design competition yielded four (4) local architectural
firms who each provided simple design charette solutions for the building. Each solution
was judged by a five member judging team. The team was comprised of individuals
employed in both the public and private sectors, Following the official judging process,
the competition entries were publicly displayed for public comment. Competition judging
and public opinion yielded the same "winner" for the architectural design charette
competition.
DISCUSSION: Currently the total budget for park improvements at Wagner Park is
$850,000 which includes costs for both architecture and field improvements. Aside from
architectural building design and documentation, the Parks Department will be taking an
in-house approach to the remainder of the design and construction at Wagner Park. The
Parks Department will be saving a tremendous amount of money by acting as its own
general contractor and completing significant portions of site work in-house.
Construction for the Restroom/Storage Building is anticipated to begin in early spring of
2001 and be completed at the beginning of June 2001. Construction of park
improvements will begin in late September 2001 following the summer tourist season.
FINANCIAL IMPLICATIONS: The Architectural Consultant, Willis Pember
Amhitects proposes to complete the Scope of Services covered under the Agreement for
Professional Services for Twenty-seven thousand five hundred Dollars ($27,500.00).
RECOMMENDATION: Staff is recommending Council approval of the Agreement
for Professional Services for the architectural design of the Wagner Park
Restroom/Storage Building.
PROPOSED MOTION: I move to approve the Agreement for .Professional Services
between the City of Aspen and the Architectural Consultant, Willis Pember Architects for
the architectural design (partial scope) of the Wagner Park Restroom/Storage Building for
the amount of Twenty-seven thousand five hundred Dollars ($27,500.00).
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A - PROFESSIONAL SERVICES AGREEMENT
2
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and WILLIS PEMBER ARCHITECTS, ("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 he
completed no later than . 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 subndssions 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 $27,500.00 . 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 Professiona-
l'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. 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.
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,
PSi-971.doc Page 1
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 pursuant to this Agreement shall become the property of the City. Notwithstanding
the above, Professional shall not be relieved of any liability to the City for damages sustained by
the City by virtue of any breach of this Agreement by the Professional, and the City may
withhold any payments to the Professional for the purposes of set-off until such time as the exact
amount of damages due the City from the Professional may be determined.
6. Covenant Against Contingent'Fees. The Professibnal warrants that s/he has not
employed or retained a.ny 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, employeel 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 1aw, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemrdfication. 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, 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 reimburse the City
PS1-971.doc Page 2
for the defense costs including reasonable attorney's fees 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, oimssion, 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 report'mg 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 TWO
MILLION DOLLARS ($2,000,000.00) 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 MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's, owned, hired and non-
PS1-971.doc Page 3
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 TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) each claim and FIVE
HUNDRED THOUSAND DOLLARS ($500,000) 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 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 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
certificate 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 24-10401 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
PSl~971.doc Page 4
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. City shall provide Professional reasonable notice of any changes in its
membership or participation in CIRSA.
1 i. 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: Professional:
Steve Barwick, City Manager Willis Pember
City of Aspen Willis Pember Architects
130 South Galena Street 412 North Mill Street
Aspen, Colorado 81611 Aspen, Colorado 81611
13. Non-Discrimination. No discrimination because of race, color, creed, sex,
marital shams, 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 mnmcxpal 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 opbrate 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 m 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
PS1-971.doc Page 5
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, 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 m 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 WHEREOI:, 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]
PS1-971.doc Page 6
ATTESTED BY: CITY OF ASPEN, COLORADO:
Date: //~...'~O ~
PROFESSIONAL:
v 7" Iv - t Title:
Date: ii .
PS1-971.doc Page 7
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(To be completed prior to execution of Agreement)'
A. Project Description:
All Design, Drawings, and Specifications, as required, for the construction of a Sports Overlook. Men's and
Women's Restrooms, Parks storage structure, Open Lattice Trellis, and miscellaneous amenities to include
0nones, drinking fountains, etc. A Fixed Fee line item for the development and production of the graphical
display of information, plaques, and/or images will be established once the scope of work is defined,
Schematic Design of the graphics/information/images is included within the current scope of work.
B. Basic Services:
Basic Services include the scope of services as described in the Project Description above, and includes t~e
phases described below, including any normal structural, electrical and architectural design services as may
ee required. Services of a Landscape Architect, 'Green' mechanical/electrical system consultant, and
Contractor/Cost Estimator will be provided by the Owner, Current Surveys and Soils Tests will be provided
DY the Owner.
Schematic Design Documents: ~four weeks,
The Architect shall provide Schematic Design Documents based on the mutually agreeo upon program,
schedule and buctget for the Cost of the Work The documents shall establish the conceptual design of the
project and preliminary building plans, sections, and elevations. Preliminary selections of major building
systems and construction materials shall be noted,
Design Development Documents: ,four weeks.
The Architect shall provide Design Development Documents based on the approveo Schematic Design
Documents and updated buoget for the Cost of the Work. The Design Development Documents shall
illustrate and describe the refinement of the design of the Project, establishing the scope, relationships,
forms, s~ze and appearance of the Project by means of plans, sections and elevations, typical construction
details, and equipment layouts. The Design Development Documents shall include specifications that
identify major materials and systems required for the project.
PS1-971.doc Page 8
Exhibit "A" continued
B. Basic Services, continued:
C. Approvals:
The Approval Process shall include submittals, meeting attendance, and presentations, as required, by
Suzannah Reid and Wit[is Pember. Approval process meetings and submission requirements beyond the
following imits shall be provided by the Architect as an Additional Service. No limits are placed on the
numl~er of Owner meetings.
a. Aspen City Council - up to (two) 2 meetings - work session and final review.
b.H.P.C. - up to (three) 3 meetings and (two) submittals - work session, conceptual
submittal/review, and final submittal/review.
c. Wagner Park Task Force - up to (two] 2 meetings - work session and final review.
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed prior to execution of Agreement)
A. Basic Services:
Compensation for Basic Architectural Services shall be billed monthly aha expressed as a percentage of
completion for each phase.
Standard Phases of the Contract ~ Fixed Fee
Categories of Work
· 20% Schematic Design $12 000
15% Design Development $9,000
Should the project be abandoned or suspended, the Owner is only obligated to pay for the portion of work
completed at the time the Architect is instructed, in writing, to cease work. In the event that no contract is
awarded, the fee shall be based upon a current estimate of costs, or the average of the bids received. Any
subsequent additions to the Contract Documents shall De considered Additional Services and billed on an
hourly basis.
B. Approvals:
Fixed Fee $6.S00
Compensation for Approval Services shall be billed monthly and expressea as a percentage of completion.
C. Change Orders:
The percentage fee for change orders is 10%
D. Additional Services:
Compensation for Additional Architectural Services shall be billed at an hourly rate at the following schedule
of rates. (through January 1, 2002). Additional Services shall not be undertaken without prior approval of the
Owner.
PrincipaJ $100/hr
Architect I $ 62/hr
Architect II $ 46/hr
Clerical $ 38/hr
PS1-971.doc Page 9
Exhibit "B" continued
E. Reimbursable Expenses:
Reimbursable expenses, as defined below, are in addition to compensation for Basic and Additional
Services.
· Direct expenses for the reproduction of drawings, documents, specifications, etc.
· Long Distance telephone calls and fax transmissions,
· Postage, Federal Express and other mail services.
· Photo developing, and other documentation expenses.
· Fees paid to authorities having jurisdiction over the construction of the project.
· Other fees paid to consultants beyond those listed above and as requested by the
Owner. These fees will be billed at a multiple of 1.1 times their billing to the Architect.
· Exp, ense of additional insurance coverage or limits, including professional liability
insurance, requested by the Owner in excess of that normally carried by the
Architect and Architect's consultants.
F. Reta,~ner:
An initial payment of 5% of the total fee shall be made upon execution of this agreement and will be credited to
the Owner's account at final payment. $3.300
10/30/200B 17~63 30360353§2 PUI AGENCY OF CO
ACO ,RD. CERTIFICATE OF LI~iLI~ INSU~NCE
~CA ZNSU~C~ - PUEBLO C/O ~Y
PUI AGENC~ OF COLO~t INC.
4949 S. SY~CUSE ST, SUITE 3~0
~ WILLIS ~BER-~CHIT~CTS, INC. ~ CO.
412 N. ~LL 8TRE;T
AS~EN, CO 81611
~ _ a4SB~FSI~6 09/05/00 [ 09/0S/O1
~m *2t 900,000
A ~ ~ ~4SS~r~176 09/09/0o ~ 09/08/0~
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10/38/2000 17:53 3~369~5352 PUl AC~CY 0~ O0
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DS~V~, CO 80237
WILLZ~ ~ER A~CHZT~Tfl, INC. B ....
412 N. MILL ST~T
AS~EN,C0 81611
~ ~T~CTS ~ 250,000 ~CH C~I~
P~OF~SS,ION~ SFAll 399 03 95 01/01/00 01/01/01 $ 500~000 AGG~E~TE
LIABILITY $ 1,000 DEDUCTIBLE
(C~IMS ~DK} . ~ER CLAIM
CLAIMS ~PENS~S ~g I~CLUDED W~TEIN THE LIMITS OF LIABILITY SHOMN ~OVg.
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