HomeMy WebLinkAboutbocc.con.130.2007
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: /3c-~oC?'1
Originating Department/Division: City Of Aspen! for EOTC
Contact Person: John D. Krueger Phone #: 920-5042
Project Name: ETA Public Process-Traffic Simulations
o BOCC AGENDA ITEM
(HOCC signature required)
DSTAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone DInformal DFormal [8]Sole Source DEmergency DState Bid 0
Check Contract Type:
Dollar Amount: $20,800.00
[8]ServiceslMaintenance
DLicense/Use
DLease
DConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
Contractor/Business
Contract Execution 5'-,9- 01
Automatic Renewal N.
Bndget Line ItemlLedger Nnmher 127.70.95751.82000
DEmployment (for county employees)
OIntergovemmental Agreement (Requires BOCC Action)
DNon-Profit
OQuasi-Public
OGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
Complete Name: HDR Engineering, Inc.
Contract End Date: December I, 2007
Term of Contract:
All Contracts should be proofed for the following:
[8]No Pages Missing
[8]If a Page is Left Intentionally Blank ~Note on Page
[gJPage numbered consecutively
[gJAll Signatures Affixed
[8]All Dates Filled In
[gJAll Other Blanks Filled In
[8]All Exhibits Attached
DAll Legal Descriptions Attached (ifappropriate)
DNotice of AwardIProceed Attached (ifappropriate)
OSpecial Instructions for Finance Department:
[8]Sent to Clerk and Recorder for Scanning/Archiving ~
[8]Authorized Staff Person's Name: John D. Krueger-COA -
BY CHECKING ABOVE AND ENTERING NAME, THE THORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
Note: Clerk's Office will keep original documents in compliance with Colorado State
Archives retainage schedule.
Amended 10_16.06
CC/vtTIH.CT -# /50 -7'''07
HDR Engineering, Inc.
City of Aspen - SpJit-Shot
SCOPE OF SERVICES
SPLIT -SHOT FEASIBILITY ANALYSIS
FOR ENTRANCE TO ASPEN
HDR Engineering, Inc ("ENGINEER") proposes to conduct the work described below for the
City of Aspen ("OWNER") in connection with the State Highway 82/Entrance to Aspen project.
The goals of this work are to conduct a feasibility analysis of the "split-shot" alternative recently
proposed by members ofthe public, focusing on design feasibility and the identification of issues
that may warrant further investigation in the event that consideration of this alternative advances.
Specific tasks are described below.
FEASIBILITY OF SPLIT-SHOT ALTERNATNE
Task I - Conceptual Engineering Analvsis
Conceptual engineering analysis will include the following:
. Create Digital Terrain Model (DTM) from available mapping
· Develop preliminary horizontal and vertical alignments and geometrics
. Create roadway template and calculate toes
. Identify bridge limits and potential challenges
. Identify major cost issues
Utilizing available mapping, HDR shall develop a very conceptual horizontal and vertical
alignment for the new "split-shot" alternative that meets the required design criteria given the
functional classification and design speed of the new roadway. Approximate toes of slopes will
be determined to estimate construction limits and rough right-of-way requirements. These limits
will also be used to identify potential impacts to open space and other known environmental
resources. Rough bridge limits will be approximated and any specific challenges andlor
constraints to the bridge design and construction will be identified. The feasibility and potential
challenges of accommodating future light rail along the new alternative will also be assessed.
Any apparent safety issues with the new alternative and the required geometrics will be
identified.
A cost estimate of the alternative will not be prepared; however any major cost issues as
compared to the ROD Preferred Alternative will be identified to the extent possible given
available information and the very conceptual level of the study.
Task 2 - Environmental. Neighborhood. and Onen Space Issue Identification
Using Alternative H descriptions and impact analysis information presented in the DSEIS and
information gathered during the reevaluation of the Entrance to Aspen, HDR will provide a
preliminary comparison of tbe environmental and open space impacts associated with
implementation of the split-shot alternative to the ROD Preferred Alternative.
Task 3 - Prepare Two Visual Renderings
Using CAD drawings developed during the conceptual design phase, HDR will prepare two
visual renderings (still graphics) depicting the roadway and bridge from an on-the-ground
viewpoint. The renderings will illustrate both the east and west bridge approaches as well as a
new Castle Creek bridge. The bridge shown in the renderings will be a generic span representing
no specific design preference.
HDR Engineering, Inc.
City of Aspen - Split-Shot
DeJiverables
A Technical Memorandum will be prepared for the split-shot alternative that summarizes the
findings, including a conceptual comparison to the ROD Preferred Alternative and a diagram of
the conceptual horizontal and vertical layout for the new alternative and provides two visual
renderings of the roadway (bridge approaches) and bridge.
~
Schedule, Terms, and Fee ::fi,./ 'I 13, 2-0 <.' 1-.
HDR will deliver the technical memoranda to the City of Aspen no later thanM"y 2), .",JI)1.
The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are
attached hereto are incorporated into this Agreement by this reference as if fully set forth herein.
Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump
sum. The amount of the lump sum is twenty six thousand, five hundred dollars ($26,500.00) for
the split-shot feasibility study and visual renderings.
Note: The City of Aspen has also requested an assessment of the potential impact of a traffic
signal at the intersection of 7th and Main Streets, proposed as part of the Preferred Alternative
selected in the 1998 Record of Decision for the Entrance to Aspen. This assessment can be
accomplished as part of the previously approved VISSIM work, so no additional fee for that work
is included here.
OWNER: CITY OF ASPEN
ENGINEER: HDR ENGINEERING, INC.
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'HDR Engineering, Inc.
City of Aspen - Split-Shot
HDR Engineering, Inc.
Tenns and Conditions for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting and
related services performed or furnished by ENGINEER and ns
employees under this Agreement will be the care and skill ordinarily
used by members of ENGINEER's profession practicing under the
same or similar circumstances at the same time and in the same
locality. ENGINEER makes no warranties, express or implied, under
this Agreement or otherwise, in connection with ENGINEER's
seMces.
2. INSURANCE
ENGINEER agrees to procure and maintain, at its expense, Workers'
Compensation insurance as required by statute; Employer's Liability of
$250,000; Automobile Liability insurance of $1 ,000,000 combined
single limit for bodily injury and property damage covering all vehicles,
including hired vehicles, owned and non-owned vehicles; Commercial
General Liability insurance of $1,000,000 combined single limn for
personal injury and property damage; and Professional Liability
insurance of $1,000,000 per claim for protection against claims
arising out of the performance of services under this Agreement
caused by negligent acts, errors, or omissions for which ENGINEER
is legally liable. Upon request, OWNER shall be made an additional
insured on Commercial General and Automobile liability insurance
policies and certificates of insurance will be furnished to the OWNER
ENGINEER agrees to indemnify OWNER for the claims covered by
ENGINEER's insurance.
3. OPINIONS OF PROBABLE COST (COST ESTIMATES)
Any opinions of probable project cost or probable construction cost
provided by ENGINEER are made on the basis of information available
to ENGINEER and on the basis of ENGINEER's experience and
qualifications, and represents its judgment as an experienced and
qualified professional engineer. However, since ENGINEER has no
control over the cost of labor, materials, equipment or services
furnished by others, or over the contractor(s') methods of determining
prices, or over competitive bidding or mamet conditions, ENGINEER
does not guarantee that proposals, bids or actual project or
construction cost will not vary from opinions of probable cost
ENGINEER prepares.
4. CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work performed
under construction contracts shall not relieve the contractor from its
responsibilrty for performing worn in accordance with applicable
contract documents. ENGINEER shall not control or have chal!le of,
and shall not be responsible for, construction means, methods,
techniques, sequences, procedures of construction, health or safety
programs or precautions connectec$ with the work and shall not
manage, supervise. control or have charge of construction.
ENGINEER shall not be responsible for the acts or omissions of the
contractor or other parties on the project ENGINEER shall be entitled
to review all construction contract documents and to require that no
provisions extend the duties or liabilities of ENGINEER beyond those
set forth in this Agreement. OWNER agrees to include ENGINEER as
an indemnified party in OWNER's construction contracts for the work,
which shall protect ENGINEER to the same degree as OWNER.
Further, OWNER agrees that ENGINEER shall be listed as an
additional insured under the construction contractor's liability insurance
policies.
5. CONTROLLING LAW
This Agreement is to be governed by the law of the state where
ENGINEER's services are performed.
6. SERVICES AND INFORMATION
OWNER wW provide all criteria and information pertaining to OWNER's
requirements for the project, including design objectives and
constraints, space, capacity and performance requirements, flexibility
and expand ability, and any budgetary limitations. OWNER will also
provide copies of any OWNER~furnished Standard Details. Standard
Specifications, or Standard Bidding Documents which are to be
incorporated into the project.
OWNER will furnish the services of soils/geotechnical engineers or
other consultants that include reports and appropriate profeSSional
recommendations when such services are deemed necessary by
ENGINEER. The OWNER agrees to bear full responsibility for the
technical accuracy and content of OWNER-furnished documents and
services.
In performing professional engineering and related services hereunder
n is understood by OWNER that ENGINEER is not engaged in '
rendering any type of legal, insurance or accounting services, opinions
or advice. Further, n is the OWNER's sole responsibility to obtain the
advice of an attorney, insurance counselor or accountant to proted the
OWNER's legal and financial interests. To that end, the OWNER
agrees that OWNER or the OWNER's representative will examine all
studies, reports, sketches, drawings, specifications, proposals and
other documents, opinions or advice prepared or provided by
ENGINEER, and will obtain the advice of an attomey, Insurance
counselor or other consultant as the OWNER deems necessary to
protect the OWNER's interests before OWNER takes action or
forebears to take action based upon or relying upon the services
provided by ENGINEER.
7. SUCCESSORS AND ASSIGNS
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the
covenants of this Agreement. Nenher OWNER nor ENGINEER wili
assign, sublet, or transfer any interest in this Agreement or claims
arising therefrom without the written consent of the other.
8. RE-USE OF DOCUMENTS
All documents, including all reports, drawings, specifications, computer
software or other nems prepared or fumished by ENGINEER pursuant
to this Agreement, are instruments of seNice with resped to the
project. ENGINEER retains ownership of all such documents.
OWNER may retain copies of the documents for its information and
reference in connection with the project; however, none of the
documents are intended or represented to be suitable for reuse by
OWNER or others on extensions of the project or on any other project.
Any reuse without written verification or adaptation by ENGINEER for
the specific purpose intended will be at OWNER's sole risk and without
liability or legal exposure 10 ENGINEER. and OWNER will defend,
indemnify and hold harmless ENGINEER from all claims, damages,
losses and expenses, including attomey's fees, arising or resulting
therefrom. Any such verification or adaptation will entitle ENGINEER to
further compensation at rates to be agreed upon by OWNER and
ENGINEER.
9. TERMINATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement, in whole or in
part, by giving seven (7) days written notice, Ii the other party
substantially fails to fulfill its obligations under the Agreement through
no fault of the terminating party. Where the method of payment is
"lump sum," or cost reimbursement, the final invoice will include all
services and expenses associated with the project up to the effective
date of termination. An equitable adjustment shall also be made to
provide for termination settlement costs ENGINEER incurs as a result
of commitments that had become fJfJTl before termination, and for a
reasonable profit for services performed.
10. SEVERABILITY
If any prOVision of this agreement is held invalid or unenforceable, the
remaining provisions shall be valid and binding upon the parties. One
or more waivers by either party of any provision, term or condition
shali not be construed by the other party as a waiver of any
subsequent breach of the same provision, term or condition.
11. INVOICES
ENGINEER will submit monthly invoices for services rendered and
OWNER wili make prompt payments in response to ENGINEER's
invoices.
(1012006)
HDR Engineering, Inc.
ENGINEER will retain receipts for reimbursable expenses in general
accordance with Internal Revenue Service rules pertaining to the
support of expenditures for income tax purposes. Receipts will be
available for inspection by OWNER's auditors upon request.
If OWNER disputes any items in ENGINEER's invoice for any reason,
including the lack of supporting documentation, OWNER may
temporarily delete the disputed item and pay the remaining amount of
the invoice. OWNER will promptly notify ENGINEER of the dispute
and request clarification and/or correction. After any dispute has been
settled, ENGINEER will include the disputed item on a subsequent,
regularly scheduled invoice, or on a special invoice for the disputed
item only.
OWNER recognizes that late payment of invoices results in extra
expenses for ENGINEER. ENGINEER retains the right to assess
OWNER interest at the rate of one percent (1 %) per month, but not to
exceed the maximum rate allowed by law, on invoices which are not
paid within thirty (30) days from the date of the invoice. In the event
undisputed portions of ENGINEER's invoices are not paid when due,
ENGINEER also reserves the right, after seven (7) days prior written
notice, to suspend the perfonnance of its services under this
Agreement until all past due amounts have been paid in full.
12. CHANGES
The parties agree that TlO change or modification to this Agreement, or
any attachments hereto, shan have any force or effect unless Ihe
change is reduced to writing, dated, and made part of this Agreement.
The execution of the change shall be authorized and signed in the
same manner as this Agreement. Adjustments in the period of
services and in compensation shall be in accordance with applicable
paragraphs and sections of this Agreement. Any proposed fees by
ENGINEER are estimates to perform the services required to
complete the project as ENGINEER understands it to be defined. For
those projects involving conceptuai or process development services,
activities often are not fully definable in the initial planning. In any
event, as the project progresses, the facts developed may dictate a
change in the seNices to be performed, which may alter the scope.
ENGINEER will infonn OWNER of such situations so that changes in
scope and adjustments to the time of pertormance and compensation
can be made as required. If such change, additional services, or
suspension of services results in an increase or decrease in the cost
of or time required for perfonnance of the services, an equitable
adjustment shall be made, and the Agreement modified accordingly.
13. CONTROLLING AGREEMENT
These Terms and Conditions shall take precedence over any
inconsistent or contradictory proviSIons contained in any proposal,
contract, purchase order, reqJlsition, notice-to-proceed, or like
document.
14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
In connection with the services under this Agreement, ENGINEER
agrees 10 comply wit!1 !'1e applicable provisions of federal and state
Equal Employment Opportunity, and other employment, statutes and
regulations.
15. HAZARDOUS MATERIALS
OWNER represents to ENGINEER that, to the best of its knowledge,
no hazardous materiais are present at the project site. However, in
the event hazardous materials are known to be present, OWNER
represents that to the besl of its knowledge rt has disclosed to
ENGINEER the existence of all SlJC1 hazardous materials, including
but not lImited to asbe~tos. FCB s, ~etroleum, hazardous waste, or
radioactive material located at or n6i'r the project site, including
type, quantity and location of s.ucr\ hazardous materials. It is
acknowledged by both parties that ENGINEER's scope of services
do not include services reia:ed in afiy way to haz.ardous materials.
In the event ENGINEER or any Ott'1H party encounters undisclosed
hazardous materrals, ENGINEER shall have the obligation to notify
OWNER and, to the eX1ent req.JtTec by law or regulation, the
approp'iate goverrmen:al offlc:als, Ci1d ENGINEER may, at its
option and without liabiiity for deray consequential or any other
damages to OWNER, susperc performance of services on that
portion of the project affected oy haz.ardous materials until OWNER:
(i) retains appropriate specialist consultant(s) or contractor(s) to
Terms & Conditions for Professional Services
City of Aspen - Split-Shot
identify and, as appropriate, abate, remediate, or remove the
hazardous materials; and (ii) warrants that the project site is in full
compliance with all applicable laws and regulations. OWNER
acknowledges that ENGINEER is performing professional services
for OWNER and that ENGINEER is not and shall nal be required to
become an ~arranger,n ~operator," "generator,n or ~transporter" of
hazardous materials, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1990
(CERCLA), which are or may be encountered at or near the project
site in connection with ENGINEER's services under this Agreement.
If ENGINEER's services hereunder cannot be performed because of
the existence of hazardous materials, ENGINEER shall be entitled
to terminate this Agreement for cause on 30 days written notice. To
the fullesl exlenj perm~led by law, OWNER shall indemnify and hold
harmless ENGINEER, its officers. directors, partners, employees,
and subconsultants from and against all costs, losses, and damages
(including but not limited to all fees and charges of engineers,
architects, attorneys, and other profeSSionals, and all court or
arbitration or other dispute resolution costs) caused by, arising out of
or resulting from hazardous materials, provided that (i) any such
cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or injUlY to or destruction of tangible property
(other than completed Work), including the loss of use resulting
therefrom, and (ii) nalhing in this paragraph shall obligate OWNER
to indemnify any individual or entity from and against the
consequences of that individual's or entity's sole negligence or willful
misconduct.
16. EXECUTION
This Agreement, including the exhibits and schedules made part
hereof, constitute the entire Agreement between ENGINEER and
OWNER, supersedes and controls over all prior written or oral
understandings. This Agreement may be amended, supplemented or
modified only by a written instrument duly executed by the parties.
17. LIMITATION OF LIABILITY
ENGINEER's and its employees' jo\alliabil~y to OWNER 10' any loss
or damage, including but not limited to special and consequential
damages arising out of or in connection with the performance of
services or any other cause, inclUding ENGINEER's and its
employees' professional negligent acts, errors, or omissions, shall not
exceed the greater of $50,000 or the total compensation received by
ENGINEER hereunder, except as otherwise provided under this
Agreement, and OWNER hereby releases and holds harmless
ENGINEER and its employees from any liability above such amount.
18. LITIGATION SUPPORT
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services in
connection with a legal or dispute resolution proceeding to which
ENGINEER is not a party, OWNER shall reimburse ENGINEER for
reasonable costs in responding and compensate ENGINEER at its
then standard rates for reasonable time incurred in gathering
information and documents and attending depositions, hearings, and
trial.
19. UTILITY LOCATION
If underground sampling/testing is to be performed, a local utility
locating service shalf be contacted to make arrangements for all utilities
to determine the location of underground utilities. In addition, OWNER
shall notify ENGINEER of the presence and location of any
underground utilities located on the OWNER's property which are not
the responsibility of private/public utilities. ENGINEER shall take
reasonable precautions to avoid damaging underground utilities that
are properly marked. The OWNER agrees 10 waive any claim against
ENGINEER and will indemnify and hold ENGINEER harmless from
any claim of liability, injury or loss caused by or allegedly caused by
ENGINEER's damaging of underground utilities that are not properly
marked or are not called to ENGINEER's attention prior to beginning
the underground sampling/testing.
2
(10/2006)
April 27, 2007
Randy Ready
Assistant City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611
Randy:
On behalf of HDR Engineering, Inc., we are pleased to respond to your request for a
quote to conduct a feasibility analysis of the "split-shot" alternative. The feasibility
analysis would consist of a conceptual engineering analysis; environmental,
neighborhood, and open space issue identification; and preparation of two visual
renderings
Conceptual engineering analysis would include the following:
. Create Digital Terrain Model (DTM) from available mapping
. Develop preliminary horizontal and vertical alignments and geometrics
. Create roadway template and calculate toes
. Identify bridge limits and potential challenges
. Identify major cost issues
Our scope of services is attached. If you agree with the scope, terms and conditions, you
may indicate your approval and Notice to Proceed with your signature on page 2 of the
attachment.
And thank you, we received the May 6, 1996 Technical Memorandum Evaluation of
Alternative H Intersection Options at Cemetery Lane and State Highway 82 via e-mail
from Rebecca Hodgson yesterday.
We appreciate this opportunity to continue working with you on the Entrance to Aspen
project. If you have any questions, please contact me at (303) 764-1566 or (303) 229-
0080.
Sincerely,
HDR ENGINEERING, INC.
Dan Miller
Vice President/Sr. Project Manager
HDR Engineering, Inc.
3D3 East 17IhAvenue
Sujte700
Denver. CO 80203-1256
Phone: (303l764-1520
Fall.: {303IB60-7139
www.hdrinc.com