HomeMy WebLinkAboutresolution.council.070-19 RESOLUTION #70
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING SUPPLEMENTAL BUDGET AUTHORITY
AND APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND
DHM DESIGN AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a professional
services agreement between the City of Aspen and DHM Design, a true and
accurate copy of which is attached hereto as "Exhibit A";
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 the
supplemental budget amount of$175,000 from the City's 150 Housing
Development Fund and the associated professional services agreement between
the City of Aspen and DHM Design, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
contract change orders on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th day of June, 2019.
-;?MYE_
Torre, Mayor
I, Linda Manning, 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 24, 2019.
C
inda Manning, Ci y Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 (-T Y OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2019-045
AGREEMENT made as of 24th day of June, in the year 2019
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Chris Everson, Project Manager
130 South Galena Street Total not to exceed: $157,670.00
Aspen, Colorado 81611
Phone: (970) 920-5079 based on scope defined in Exhibit A
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
DHM Design Council of the City of Aspen.
c/o Jason Jaynes
311 Main Street, Suite 102 City Council Approval:
Carbondale, CO 81623 Date: ,lune 24, 2019
Phone: 970-963-6520 I'
Resolution No.:
For the Following Project:
2019-045 Community Outreach and Conceptual Master Plan Design for the City of Aspen
Lumber Yard Affordable Housing Development
Exhibits appended and made a part of this Agreement:
Exhibit A: Proposal including scope of work, proposed fees, fee schedule
Exhibit B: 2019-045 Request for Proposals
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The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth in 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 February 28, 2020. 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/not to exceed basis for all work performed. The hourly rates by Professional shall not
exceed those hourly rates set forth in Exhibit A appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. 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-Assi agn bilin'. Both parties recognize that this Agreement 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 of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of 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 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.
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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. C ity 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, to the extent and
for an amount represented by the degree or percentage 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 wrongful 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 final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) 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 a bove. 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.
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(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) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) 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
($1,000,000.00) 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 ($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 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.
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(d) T he 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 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
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seg., 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 CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management 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 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 or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
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 15.04.570,
pertaining to non-discrimination in employment.
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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. Notwithstanding
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. Illegal Aliens —CRS 8-17.5-101 & 24-76.5-101_
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
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(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
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(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees Gratuities, Kickbacks and Conflicts of Interest.
(a) P rofessional warrants that no pe rson or selling agency has been employed or
retained to solicit or secure this Contract upon a n agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) P rofessional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
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3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. 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
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. Venue is agreed to be exclusively in the courts of Pitkin County,
Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the grounds that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
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Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney's Fees. I n the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
23. Waiver of Presumption. T his Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it n or its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Professional or any lower tier participant was unable to certify to the statement, an
explanation was attached to the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. T his written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, Professional understands that no
City official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
26. Authorized Representative. T he undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
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CITY OF ASPEN, COLORADO: :PROFES 10 .
[Signature] �,i
By: gc'tir4 — — By: -""� 1(t a
[Name] [Name]� \
Title: L t J�- Aen��tJOt C Title:
Date: —(�� ���� �� Date:
Approved as to form:
City Attorney's Office
Agreement Professional Services Pat!c 10
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EXHIBIT A PROPOSAL INCLUDING SCOPE OF WORK AND FEES
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Response to Request for Proposals �• , , .�.
City p of Aspen
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Community Outreach and Conceptual Master Plan Design:.,
for the Lumber Yard Affordable Housing Development
Project Number: 2019-045 ,�� ,•
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May 23, 2019
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DHM
HISIEN
LANDSCAPE ARCHITECTURE I LAND PLANNING I ECOLOGICAL PLANNING I URBAN DESIGN
CARBONDALE WWW.DHMDESIGN.COM
311 Main Street,Suite 102 Carbondale,CO 801623 p:970.963.6520
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Thank you for
considering
DHM Design ,
Project Number: 2019-045
June L4, LU ly - CXrIIUII H - l,UfllraCt, h'rupubaI arlu KI-t'
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Table of Contents
We have formatted our proposal to be directly responsive to the organization of
the RFP,and have numbered our individual sections to match the RFP outline.
5.1 Lead Firm and Team Qualifications..................................................2
5.1.1 - 5.1.6 Lead Firm Information and History
5.1.7 Subconsultant Information and Project Roles
5.1.8 Team Organization and Key Personnel Qualifications
5.1.9 Firm Capabilities and Availability
5.2 Relevant Project Experience............................................................14
5.2.1 Project Experience
5.2.2 Understanding of City Aspen
5.2.3 Qualifications to Successfully Execute Community Outreach and Master Plan
Project Approach and Recommendations
5.2.4 Proposed Scope of Services
5.3 Additional Expertise Sought...........................................................25
5.3.1 Qualifications on Evaluating Existing Conditions
5.3.2 Public Participation/Community Outreach Expertise
5.3.3 Proposed Process to Appropriately Prioritize and Balance
5.3.4 Proposed Process to Evaluate Potential Need for Commercial Services
5.3.5 Due Diligence
5.4 Fee Worksheet, Schedule, Contract...............................................29
5.4.1 Fee Worksheet Form - Separate
5.4.2 Proposed Schedule
5.4.3 Contract Statement
,, 5.4.4 Insurance Statement
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Community Uuucach an(i (UHLeIALIM k/16SIH Plan DCSiyn for IIIc
Lumber Yard Affordable Housing Development
Project Numbet:2019 045
5.1 Lead Firm and Team Qualifications
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About DHM n
Who We Are What We Do How We Do It
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Our team's strong track record brings unique expertise.
Local Expertise-This is Home Strong Record with Local In-House Experts
Governments
Effective Teamwork
Engaging Outreach
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Cununin-iity ouuea(h and Conceptual Wiastei Man 1)(-siyn tot th,
Lumber Yard Affotdabfe Huusing Development
Project Number:2019-045
Dumpster
Bins
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\ 10 Guest Parking
Spaces
Aspha ,Road
Concrete
Sidewalk +
DHM Design
5.1.1 Primary Contact Office `
5.1.2 Year Established and Total Number of
Parent Office Employees
Branch Offices 5.1.3 Annual Revenue for the Past Five Years -
Separate Attachment
5.1.4 Current Litigations
5.1.5 Income Statement and Balance Sheet-
Separate Attachment
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a� Existing Trees
dip\ Gravel F
Proposed Trees
ed�h Detention/ Multi-us
Existing Units Space
\� Native/ Low Mainte
Seed
Playground with
\ FL \ Picnic Table
5.1.6 Primary Contact
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Lumber Yard Affordable Housing Development
Project Number:2019-045
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Subconsultants .410 I'Af
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5.1.7 Subconsultant Project Roles
Charles Cunniffe Architects-Architecture
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Manifest/Darnauer Communications-Public Relations
Manifest/Dotnauer
Communications
Robert Schultz Consulting-Community Engagement/Fiscal Analysis
Robett 5chultzConsulting IRSo
Roaring Fork Engineers-Civil Engineering
Rooting I-otk Fngineetinu (RI 1
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Team Organization
5.1 .8 Team Organization and Key Personnel
U I Y OF ASPEN
CHART FS CUNNII L L Ak( HII H TS —--•- R 0 B E R T SCI IUITi (l>NtiUI'I IIJ6 • ---__�_
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Cunununiiy Uu (-6(11 and Conor ptui;l!,'iGstei flan Dtsiyn ioi the
Lumbei Yard Affoidable Housing Development
Pioject Numbei:2019-045
LeadingProjectthe
Jason Jaynes
SELECT PROJECT EXPERIENCE
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EDUCATION
AREAS OF EXPERTISE
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DHM Design Team Members
Laura Kirk Allie Vostrejs
EDUCATION EDUCATION
AREAS OF EXPERTISE
AREAS OF EXPERTISE
SELECT PROJECT EXPERIENCE
SELECT PROJECT EXPERIENCE
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Community(Wt ICach aI16 C c,ncrptual hhaste i I lz,i Drsiyn iu 1 this
Luinhei 1'arcl Affolclable Housing Development
Project Numbei:2019 045
Subconsultant Team Members
Charles Cunniffe Architects
1
1.
Charles Cunniffe Jim Kehoe Scott Smith
EDUCATION EDUCATION EDUCATION
SELECT PROJECT EXPERIENCE
SELECT PROJECT EXPERIENCE
SELECT PROJECT EXPERIENCE
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Robert Schultz Consulting Roaring Fork Engineers
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Robert Schultz Richard Goulding Danny Stewart
EDUCATION EDUCATION EDUCATION
SELECT PROJECT EXPERIENCE
SELECT PROJECT EXPERIENCE
SELECT PROJECT EXPERIENCE
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tunu'0unili) ri.,liv sn iiui liic
Lumber Yard Affordable Housing Development
Project Number:2019 045
Manifest/Darnauer Communication
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Jeanette Darnauer Rachel Hadley
EDUCATION EDUCATION
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DHM Design
Firm Capabilities and Availability
5.1 .9 Firm Capabilities and Availability
OUR CLIENT SERVICE PHILOSOPHY
We Respect the Client:
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We AiiIi(gwte Needs:
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Lumber Yard Affordable Housing Dc-velopment
Project Number:2019-045
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5.2 Relevant Project Experience �—
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CreatingHealthy Communities
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Experience
It starts with the resource
5.2.1 Project Experience
Osupportand Pulling the right specialist in
at the right time
] �cililirilc/ I
CN..ig.,ing
ings
al (Building:community that will last
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Lumber Yard Affordable Housinq Development
PI'OjC-Ct Number:2019-045
DHM Experience
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Burlingame Ranch Affordable Housing Aspen, CO Aspen Valley Hospital Affordable Housing Aspen,CO
OWNER CONTACT
OWNER CONTACT
SIZE
SIZE
FINAL DESIGN COST
FINAL DESIGN COST
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Subconsultants Experience
Charles Cunniffe Architects Robert Schultz Consulting
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Aspen Police Department Housing Aspen, CO Carbondale Teacher Housing Carbondale, CO
OWNER CONTACT
OWNER CONTACT
SIZE
SIZE
FINAL PROJECT COST
FINAL PROJECT COST
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Roaring Fork Engineers Manifest/Darnauer Communication
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Aspen Affordable Housing Aspen, CO Aspen Pitkin County Airport Master Plan Update
Aspen, CO
Outreach Appt ouchlPi oces s
OWNER CONTACT
SIZE
Recognition
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5.2.2 Describe your firm or team's level of experience and understanding regarding projects
within the City of Aspen and the associated zoning and permitting requirements. Explain any
particular challenges you see and how you will manage those.
City of Aspen Project Experience and Qualifications _ity of Aspen Project Approach:Challenges
4
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Project NUmbel:2019-045 i
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Approach
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5.2.3 Describe the firm and team's qualifications to successfully execute the community
outreach and master planning effort described herein. Also describe your approach to the work
and include any recommendations which may enhance this process.
Creative Outreach
Thinking Beyond Open Houses
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Take the Discussion Online Master Planning Communities
Incorporating Feedback Public Relations
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Project I�llmbel:2019045
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Community Outreach and Conceptual Planning Approach Technical Advisors
Observation
Outreach with Immediate Neighbors Outreach with Larger Community and Region
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Scope
Ab.5.2.4 Based on the information provided in the scope of the project section of this RFP, provide a
comprehensive outline of the steps you propose in order to meet the services required in this RFP.
Note where and why you are adding, changing or otherwise deviating from the information provided
in the scope of the project section of this RFP.To the extent possible, this detail should indicate what is
to be done, who individually, and by name is responsible to do it, and when it is to be completed.
Scope of Work Phases and ]asks
1 -Base Information and Data Gathering-July
2-Stakeholder Outreach and Public Engagement 1
-August/September
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Project Numbei:2019-045
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3-Information Processing and Council Presentation
-September
5-Revised Alternatives and Council Presentation
-November-December
4-Alternatives Development-October
June L4, zu i s - cxniDit H - uontract, rrupobai anu mr r
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5.3 Additional Expertise Sought
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5.3.1 Describe the firm or team's ability to research, review and analyze existing conditions or
restrictions which may have a meaningful impact on the development. One example might be
jurisdictional nuances among the City of Aspen, Pitkin County and the Aspen Airport Business Center.
Describe any such challenges you see for this project and how you propose to manage for those.
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Cornnu111tq Uutieacli and Lunceptual ViastCI Pli,n OC-SlYi+tui III,
Lumber Yard Affordable Housing Development
Project Number:2019-045
5.3.2 Describe specific (not rhetorical) expertise which your firm or team has learned and
retained on the topic of public participation in the development planning process and how
you intend to leverage this competency to help the City of Aspen be successful on this project.
Include specific case studies and success stories.
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June L4, zu i y - r-miDit h - contract, rroposai ana mrr
DHM Design
5.3.3 Proposed Process to Appropriately Prioritize and Balance Workforce Housing Needs,
Community Support, Mixed-Use and Neighborhood Harmonization, Environmental Sensitivity,
Access and Infrastructure Constraints/Opportunities, Residential Livability and Cost Effectiveness
in a Multi-Stakeholder Context
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COMMLInity OWICLJ,arui Conceptuai Master Ilan Uesiyii iul 111!
Lumhet Yaid Affotdahle Housing Development
Pi ojer l Nu=r,kt.1:2019 045
5.3.4 Describe the firm or team's ability and proposed 5.3.5 Describe any additional due
process to observe and/or analyze the neighborhood diligence you see necessary as part of this
for any potential need for commercial services and to process and describe your firm or team's
determine whether to prioritize such inclusion in any ability and proposed process to perform
recommendations for development. this recommended additional work.
Housing Type and Density
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- COMMERCIAL 7500SF
' PARKING 28 SPACES
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Sites Parking and Transportation
22-28DRM UNITS-900SF ! `
4 2 BDRM UNRS-720SF y
26 UNITS TOTAL - -
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Energy and Sustainability
June z4, zu i s - cxriiva m - uurnraur, rroposal anu r-\r-r
5.4 Fee Worksheet, Schedule, Contract
Fees and Schedule
5.4.1 Fee Worksheet - Separate Attachment
5.4.2 Schedule
Task 1:Base Information and Data Gathering -
Task 2:Stakeholder Outreach and Public Engagement --
Task 3:Information Processing and Council Presentation
Task 4:Alternatives Development
Task S:Revised Alternatives and Council Presentation
*Specific meeting dates will be set up at kick-off meeting.
5.4.3 Provide a statement regarding your 5.4.4 Provide a statement regarding
firm's ability to sign the attached contract. your firm's ability to meet the insurance
requirements in the attached contract
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DHM Design
COUNCIL
PROJECT FEES Firm Name COMMUNITY PRESENTATION CONCEPTUAL Total
&DIRECTION
(or n/a) OUTREACH DESIGN
P.R. Manifest $11,550 $11,550
Outreach/Planning Bob Schultz $13,125 $3,250 $11,750 $28,125
Public Process DHM $46,190
Land Planning/Landscape Arch OHM $8,480 $31,590 $86,260
Architecture CCA $8,400 $2,400 $9,300 $20,100
Interiors N/A $0
Civil Eng. RIFE $5,150 $0 $4,985 $10,135
Traffic Eng. $0
Drainage Eng. $0
Structural Eng. $0
MEP Eng. $D
Acoustics $0
Waterproofing/Snow $0
Spec.Writer $0
Fire Protection $0
Modular Facilitation $0
Life Safety Code $0
Renderings $0
Otherl $0
Other2 $0
Other3 $0
Other4 $0
Reimbursables $1,500
Total $84,415 $14,130 $57,625 $157,670
Notel Community Outreach Includes City,Stakeholder,TAC and Public Engagement Meetings.
Note2 Please see attached sheet for detailed hourly breakdown of scope.
Note3 Estimated Travel/Printing Expenses and Reimbursables at direct cost
JUfle L11, LU I - CX111D1L H - UUlllfaGl, rfUPUSal allU Mr-r
Community Outreach and Conceptual Master Plan Design for the Lumber Yard Affordable Housing Devehpmerrt
Submitted by:DHM Design
23-May-19
Charles Cunniffe Robert Schuka Manifest/Damauer
DHM Design Architects Consulting Communication
Fork Engineeciry Communication
Task Task/hem Description Project Project Architecture Community Principal Project D"n Public Relations Total
Principal Designer Engagementnee
Engir EngineerInaer
Eng
lA 111 Information and data gathering-Jul
Collect and fr—t..itirg base information. 4 8 4 4 2 4 6
Collect and review existing documentation,including GRFRHS,compiarea plan,airport plans,
existing traffic data.Review municipal code and land use requirements(assuming this project 8 2 4 9
would be a PD).Develop written summary of pertinent Information.
Evaluate physical conditions:utilities,access,environmental,topography. 8 8 2 4
Initial research to support communication plan and execution-Gather and review all pertinent
housing Information to support the proposed concepts.This will include the Greater Roaring Fork 2
Housing Study and other documents substantiating specific needs.
Research and generate preliminary stakeholder contact list. 4 2 4 20
Kickoff meeting with City project management staff and other Invited staff/agency members:
Schedule,process,deliverables review;technical advisory committee(TAC)Identification; 4 4 4 8 4 2
stakeholder Identification;public outreach opponunitiesttarget activities and dates.
Initiate team/city staff meetings(xl) 3 2 G
PHASE I TOTAL HOURS M 24 to 49 2 12 6 4 146
BILLING RATE $ 190 $ 100 S 150 S 125 S 185 S 157 S 108 $ 150
PHASE 1 TOTAL DOLLARS III SAW $ 2AOO $ 2,700 6,125 370 IAN 646 600 111 20,617
2.0 Stakeholder Outreadt and Public Enflageawnt 1-A ember
Continue team/Cstaff meetings(x4). 8 4 6 6
Collaborate with City communications staff to develop communications strategy and plan:web 4 0
site;social media;traditional media.
Review and identify pertinent lessons learned at prior affordable housing projects(Internal team
0
and duringweek team/stall meetings). 4 2 4 16
Launch project web site. 1 4 1
TAC meetings(x3)leg assessment commdev,APCHA and ACRA;Pitkin County commdev and City 12 3 8 14 6 11
Parks;City Transportation,emergency services,CDOT and RFTA;airport).
Stakeholder meetings leg MBC,Aspen Mini Storage,Mountain Rescue,Annie Mitchell and 16 4 4 14
Burlingame HOA)(x4).
Pudic Engagement Information gathering:Open houses(x2);web survey(s)(x2;one targeted and 36 60 8 10 6 TBD
one b n').
PHASE 2 TOTAL HOURS 61 77 30 1 45 0 12 0 27 272
BILLING RATE $ 190 $ 100 S 100 $ 125 S 185 S 157 S 108 $ 150
PHASE 2 TOTAL DOLLARS 115,31100 7,700 $ 3,000 $ S / 4,050 37,649
3.0 kdormatlen Priscassing and Council►merttatfen-Seember
Compile and organize collected data and Information(Internal team). 8 8 4 0
Informal communication ongoing with most impacted adjacent residents 16
Facilitate collaboration meeting with City project management staff to summarize process and
outcomes(during week team/staff meeting).
4 4 2 0
Prepare CCouncil Presentation(internal teami. 20 24 12 4
Presentation review meeting with City projectmans merit staff. 4 4 6
Present findingstoC Council. 6 4 8
RS
PHASE 3 TOTAL HOU42 36 26 34 0 0 0 0 136
BILLING RATE S 190 $ 100 S 100 S 125 S 185 $ 157 $ 108 S 150
PHASE 3 TOTAL DOLLARS S 7,9W $ 31600 S 600 S 4,250 $ - $ - $ - S - $ 16,430
4A AllansathNDwa -October
Web site content update. 2 4 0 5
Continue team/Citystaff meetings(x2). 12 4 6
Develop draft alternative program tar ets/nornles to be studied via concept plans, 8 8 6
Create alternative master plan diagrams(up to 3). 32 40 32 3 0.5 4 18
Stakeholder work sessions NI),including APCHA and city council designee. 8 2 4 8
Infamwl communication ongoing with most impacted adjacent residents 12 1.5
TAC work sessions(0). 4 2 4 6
Summarize alternatives-density,use,Implications,pros/cons. 6 2 4 4
Public communication-project update.Web,print/radio,Grassroots. 2 4 2 24
Public open house to solicit community feedback on master plan alternatives(xl). 8 24 4 10 12
PHASE 4 TOTAL HOURS 62 76 W 57 OS SS 16 41 342
BILLING RATE $ 190 $ 100 $ 100 $ 125 $ 185 $ 157 S 108 $ 150
PHASE 4 TOTAL DOLLARS $ 15,580 $ 7 $ 6 000 S 7,125 $ 92.5 $ 6633 $ 1,944 $ 6,150 $ 4S,555
SA Revised ARarnatim and Cowsdl Presentation-November-December
Continue team/Cstaff meetln s(x3) 12 4 6 6
Assimilate and analyze public feedback from all sources.Develop blit feedback summary memo. 4 4 4 2
Informal communication ongoing with most impacted adjacent residents 10 0.5 4 16
Refine master plan alternatives(up to 3). 32 40 24 6
Develop phasing options for master plan alternatives. 8 16 16 4
Present public feedback and master plan alternatives to council. 6 4 8
Web site content u [e. 2 2 0 5
rite next steps-additional public outreach or advance to preferred site sign sc erratic
desicin with full A/E team.Summa memo of process and recommendations. 4 4 4 4
PHASE 5 TOTAL HOURS 66 70 56 40 OS 4 16 S 262
BILLING RATE S 190 S 100 $ 100 $ 125 $ 185 $ 157 $ 108 $ 150
PHASES TOTAL DOLLARS $ 12,920 $ 7,000 $ SI= S 5,000 S 92.5 $ 626 S 1,724 $ 750 $ 33,919
Total Fee Per Consultant $ $6,260 $ 20,100 S 28,125 S 10,135 S 11,550
Total Hours 1159.5
Total Dellen $ 156,170
Estimated TravaU Printing Expenses and Relinbursables at Direct Cost S 1,500
Total Foe $157,670
.June L4, zu l y - CXriiDiL h - uoritract, rroposal aria Kr-r
IIHM 111S11111H
FEE STRUCTURE
DHM Design Corporation
Effective January 1, 2019
Hourly Rates
Principal $190.00
Principal Ecological $175.00
Associate Principal $145.00
Senior Associate $130.00
Associate $120.00
Natural Resource Coordinator $115.00
Visualization/31) $125.00
Senior Designer/Planner $105.00
Associate Graphic Designer $100.00
Designer $100.00
Graphic Designer $85.00
Ecological Technician $90.00
Clerical/Word Processing $65.00
Reimbursable Expenses
Xerox Copies $ 0.12 per copy
Color Copies $ 1.50 per copy
In-House Computer Plots
- Mylar $ 3.50 per square foot
-Vellum $ 2.30 per square foot
- Bond $ 0.45 per square foot
Color Computer Plots $ 2.80 per square foot
Auto Mileage Mileage billed at the federal standard rate
All outside reimbursable expenses such as printing, copying, postage and deliveries are billed at our
direct costs.
Bills are rendered and due payable monthly. Terms: Due and payable within 30 days upon receipt of
statements. 1.5%per month interest charged on all past due accounts.
Proposal price quotes shall remain in effect for a period of six months with renegotiation of hourly rates
and reimbursable expenses at that time.
CARBONDALE WWW.DHMDESIGN.COM
311 Main Street,Suite 102 Carbondale,CO 81623 970.963.6520
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EXHIBIT B City of Aspen RFP 2019-045
Community Outreach and Conceptual Master Plan Design
for the City of Aspen Lumber Yard Affordable Housing Development
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Community Outreach and Conceptual Master Plan Design
for the
Lumber Yard Affordable Housing Development
2019-045
CITY OF ASPEN, COLORADO
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1
Rebecca Hodgson
130 South Galena Street
f Aspen, CO 81611
(970) 920-5079
c -F ASPEN Rebecca.hodgson@cityofaspen.com
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REQUEST FOR PROPOSALS
Sealed proposals will be received at the City of Aspen Purchasing office at 2:OOP.M., MAY 28, 2019, at which
time the proposals will be opened and reviewed for the following City of Aspen project:
2019-045 Community Outreach and Conceptual Master Plan Design for the Lumber Yard Affordable
Housing Development
This effort will mark the first time that the City of Aspen has in any way solicited community feedback related to
the development of affordable housing at the City's lumber yard property located at 38005 State Highway 82 in
Aspen, CO. This is a fundamental opportunity to begin an earnest process of community involvement in the future
development of the affordable housing facilities at the site and the harmonization of the development with its natural
surroundings and neighborhood context.
This Request for Proposals(RFP) seeks proposals for design team services including but not necessarily limited to
community outreach and early planning analysis including housing needs analysis, identifying stakeholders,
community needs, neighborhood/contextual analysis, opportunities/constraints, land planning/zoning analysis,
master planning, environmental assessment and identifying development phasing opportunities.
Complete proposal packages are available to download from www.bidnetdirect.com. Vendors must be registered to
view the bid packages. There is no charge to register. Call 1-800-8354603 if you need assistance registering.
Upon completing registration, click on "Start Looking for Solicitations" and select the purchasing group "Rocky
Mountain E-Purchasing System". Then click on City of Aspen to see City of Aspen bid opportunities.
The City reserves the right to reject any or all Proposals or accept what is, in its judgment,the Proposal which is in the
City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to
waive any technical defects or irregularities in any and all Proposals submitted.
Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that
are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties.
The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan,
specification,proposal or other writing submitted pursuant to this request.
To submit, an electronic copy of the proposal saved as a single PDF or Word document, must uploaded to the Bidnet
Direct website, www.bidnetdirect.com. The City cannot accept faxed or emailed proposals.
Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably susceptible
to be selected for award for purpose of clarification to assure full understanding of,and responsiveness to the solicitation
requirements.
In addition to price, the evaluation criteria set forth in the RFP shall be considered in judging which Proposal is in
the best interests of the City.
BY ORDER OF THE CITY OF ASPEN, COLORADO
Rebecca Hodgson
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TABLE OF CONTENTS
1.0 Introduction.............................................................................................................................................3
1.1 Invitation to Proposers................................................................................................................3
2.0 Project Description..................................................................................................................................3
2.1 Project Summary........................................................................................................................3
2.2 Project Information.....................................................................................................................4
3.0 A/E Design Team Scope of Services.......................................................................................................6
3.1 Team Structure...........................................................................................................................6
3.2 Initial Contract and Add Services...............................................................................................6
3.3 Community Outreach,Conceptual Master Plan, Council Presentation, Direction.....................6
3.4 Project Schedule.........................................................................................................................7
4.0 RFP Process.............................................................................................................................................8
4.1 Registration ................................................................................................................................8
4.2 RFP Schedule.............................................................................................................................8
4.3 Questions....................................................................................................................................8
4.4 Proposal Submission and Format...............................................................................................9
4.5 Evaluation Criteria .....................................................................................................................9
5.0 Required Proposal Elements....................................................................................................................9
5.1 Lead Firm and Team Qualifications...........................................................................................9
5.2 Relevant Project Experience.....................................................................................................10
5.3 Additional Expertise Sought.....................................................................................................10
5.4 Fee Worksheet, Schedule, Contract..........................................................................................1 l
6.0 Additional Requirements.......................................................................................................................11
6.1 Contract....................................................................................................................................11
6.2 Insurance ..................................................................................................................................11
6.3 Interests of the City of Aspen...................................................................................................12
6.4 Confidentiality..........................................................................................................................12
7.0 List of Attachments...............................................................................................................................13
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INTRODUCTION1.0
A thriving workforce who live in the community where they work is a fundamental cornerstone of the year-round
Aspen-area community. But the gap between free market home prices and rents in the Aspen area as compared to
what local workers can afford to pay still precludes many local workers from living in the community where they
work. Planning for new development of affordable workforce housing is necessary to not only stem the loss of
workforce housing in the free market, but also to offset the effects of job growth and retirement.
The City of Aspen is committed to supporting affordable workforce housing because it supports a stable local
community that is invested in the present and the future. Opportunities for people to live in the community where
they work foster improved year-round vitality in Aspen's neighborhoods, a more resilient local economy, reduced
transportation impacts,increased citizen participation in civic affairs,non-profit activities and recreation programs.
In turn, this adds value to Aspen's tourism-based economy in the form of an overall improved visitor experience—
enhanced by an appreciation of Aspen's genuine, year-round, lights-on community and diverse mix of people —
which keeps visitors coming back to the Aspen area year after year.
1.1 INVITATION TO PROPOSERS
The purpose of this Request for Proposals (RFP) document is to solicit design team services including but not
necessarily limited to community outreach and early planning analysis including housing needs analysis,identifying
stakeholders, community needs,neighborhood/contextual analysis, opportunities/constraints, land planning/zoning
analysis, master planning, environmental assessment and identifying development phasing opportunities and
construction methodologies.
To allow the City of Aspen(Owner)to fully understand your firm or team's qualifications, experience, capabilities
and approach to this project, please prepare and submit a detailed proposal based on the requirements set forth in
this RFP.
PROJECT2.0 DESCRIPTION
2.1 PROJECT SUMMARY
This effort will mark the first time that the City of Aspen has solicited community feedback related to the
development of affordable housing at the City of Aspen's lumber yard property located at 38005 State Highway 82
in Aspen. As such, it is a fundamental opportunity to begin an earnest process of community involvement in the
future development of the affordable housing facilities at the lumber yard site.
This early stage of the project will consist of community outreach followed by presenting the findings of the
community outreach to Aspen City Council and, based on input and direction received, formulating conceptual
master plan approaches to the design of the site and facilities that can later be moved further through the planning
process. The outputs/products of this effort are expected to be community-vetted master plan design alternatives
and development methodologies which can later be further vetted and expanded upon.
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2.2 PROJECT INFORMATION
The lumber yard site is located at 38005 Hwy 82, Aspen, CO 81611 and is approximately 2.5 miles northwest of
downtown Aspen.
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1 t 38005 SH-82
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irport
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The site can be accessed directly from CO State Highway 82, and the current tenant is Builders FirstSource.
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The lumber yard site is 4.74 acres and does not include the adjacent Mountain Rescue property which can be seen
in the front-right portion of the image above. Annexation of the lumber yard property into the City of Aspen was
completed in 2011. Is important to note that 2.26 acres of flat area of land to the right of the bike/ped path
shown in the image above is legally developable as part of this effort in addition to the 4.74-acre lumber yard
property.
The City of Aspen has long planned that this site should be utilized for long-term affordable rental housing, and the
goal of this RFP is to seek the services needed to perform community outreach and conceptual master plan design
aimed at verifying the proposed use (or discovering alternative uses) and to serve as an early planning study with
appropriate density and conceptual master plan alternatives for the project context.This early stage of work is aimed
at strategic land planning firms and/or architects with expertise in early stage community planning efforts.
The first round of community outreach should focus mainly on the community's fundamental needs and desires
related to this affordable housing development opportunity. The early-stage fundamental, philosophical topics of
community engagement should include,but may not be limited to, such concepts as:
• Affordable housing needs which should be fulfilled by this development
• Community needs in the surrounding neighborhood
• Residential and commercial use needs analysis(potential for commercial mix)
• Stakeholder identification and user demographics
• Harmonizing and integrating with the nearby community
• Environmental priorities and sustainability
• Land utilization, density,project phasing opportunities
• Transportation,mobility,parking, traffic impacts
• Public health and safety/highway concerns
• Parks, trails and open space
The design team is expected to collaborate with City staff to create community outreach display materials and work
with the City staff to create a schedule for community outreach events and also to provide a means for collecting
feedback using an online mechanism as well.
During the community outreach, the team shall engage stakeholders and the general public on the selected topics.
Feedback should be sought and recorded for all of the topics, and the feedback collected should be categorized and
sorted. The design team will then present a summary of the aggregate feedback to Aspen City Council to seek a go-
ahead for the next step in the process. Based on feedback received from City Council at that point, the team shall
then proceed with designing conceptual approaches to the master plan for the site and facilities based on the
feedback and direction received thus far in the process.
The master plan design concepts will then be presented to City Council with the intent of receiving a go-ahead for
the next step in the process. This RFP seeks services up to this point in the process only.
Subsequent to the services sought in this RFP,the conceptual master plan alternatives would then need to be moved
forward through a second phase of community outreach which will be planned for 2020, and by that stage a full
design team will be necessary including architects and engineers. The subsequent process is expected to continue
into 2020 and 2021 and will be more focused on advancing the conceptual designs to a level which could be ready
for a land use development application by the end of 2021. The entitlements process is expected to be completed in
2022 with the building permit application process to follow in 2023 and construction beginning in 2024 or 2025.
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I DESIGN TEAM SCOPEOF SERVICES
Community outreach and PR services are sought to arrange and receive feedback from stakeholders and the general
public on early-stage fundamental,philosophical topics. Design services scope is also required to create conceptual
master plan design alternatives based on the feedback and direction received.
The City of Aspen (Owner) will pursue a collaborative project development team. All project participants are
expected to embrace basic teamwork principles such as mutual respect and trust, transparency, collaborative
problem-solving, open communication and professionalism at all times.
3.1 TEAM STRUCTURE
The Owner's collaborative project development team is planned to consist of
• City of Aspen staff
• Early stage design team such as master plan designer and/or architect and PR agent
• Architect/Engineer design team*
• Program Manager/Owner's Agent*
• Preconstruction Estimator/CMGC*
• Commissioning Agent*
• Additional entities as needed**
* These professionals will be brought on at the appropriate time—potentially after the community outreach effort.
** To facilitate modular development, the City may also engage a modular consultant and/or a modular/prefab
factory later in the process.
3.2 INITIAL CONTRACT AND ADD SERVICES
The early stage design team contract for outreach and conceptual master plan design is expected to include only the
early stage community outreach and conceptual master plan design alternatives through the point where City
Council gives the go ahead to continue further with the planning process.
A second round of community outreach to further vet the concept master plans created, and potentially to expand
upon those, would be part of an add-services to the contract or may be part of a subsequent RFP for additional
services.
3.3 COMMUNITY OUTREACH, CONCEPTUAL MASTER PLAN, COUNCIL
PRESENTATION, DIRECTION
Services expected include items identified in the attached contract as well as, but not necessarily limited to, the
following:
3.3.1 Establish weekly team meetings with Owner and team to plan activities and work toward completion of
activities based on the contract.
3.3.2 Schedule and plan approximately four(4) community outreach events to be held July through September,
and reach out to stakeholders to create interest and excitement about such events to generate participation.
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Coordinate as needed since City of Aspen may choose to utilize community outreach events to co-host
outreach for additional projects utilizing other resources.
3.3.3 Interface with City of Aspen Communications Director to find opportunities to integrate and multiply
communications regarding community outreach events and online feedback mechanism.
3.3.4 Research and identify stakeholders such as neighbors, citizens-at-large, homeowners' associations,
community groups, regulatory departments and bodies as well as additional possible interested parties.
3.3.5 Present appropriate discussion topics at community outreach events, engage with those in attendance, and
collect written feedback regarding numerous themes and topics from stakeholders during such events.
3.3.6 Present appropriate discussion topics to stakeholders using a public-facing website and include the ability
for stakeholders to provide written feedback regarding numerous themes and topics via email or equivalent
means.
3.3.7 Engage in dialogue, research and understand what worked and what could be done better based at prior
affordable housing developments.
3.3.8 Research and understand municipal code requirements and opportunities which support the master plan
design concepts sought.
3.3.9 In collaboration with City staff, categorize, catalogue, and distill public feedback and additional research
into meaningful presentation of recommendations to Aspen City Council and receive direction from City
Council on prioritization of elements to be included in conceptual master plan design alternatives.
3.3.10 Based on research,community feedback and direction from City Council,formulate and present conceptual
master plan design alternatives which may advance the community and Council's development priorities
for the site.
3.3.11 Based on research, community feedback and direction from City Council, formulate and present master
plan phasing opportunities which would be most beneficial given the housing needs, needs of the
neighborhood and (potential) additional services needed in the neighborhood.
3.3.12 Solicit and receive direction from City Council on next steps in the planning and development process,
whether(1)additional community outreach for the conceptual master plan design alternatives presented, or
(2) hiring a full A/E design team to move forward and expand upon the conceptual master plan design
alternatives along with additional community outreach to support that further work, or(3) other direction.
3.4 PROJECT SCHEDULE
The schedule below is subject to change and should be utilized or modified in the proposal as part of the response
to section 5.4.2 wherein the Proposer is required to provide a schedule.
The intent of the dates shown below is to get through outreach,conceptual master plan design, council presentation
and direction as quickly as reasonably possible without causing a cost premium for rushing or expediting the project,
and given the scale of the project as well as the public process involved in the engagement.
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Community outreach events and online efforts require sufficient time for planning and advertising in order to be
most effective. Community outreach events and online efforts may be best spread over a 3-to 4-month period in
order to achieve sufficient participation and uptake in the community for a successful public process.
June 2019 — December 2019: Community Outreach, Conceptual Master Plan, Council Presentation,
Direction
4.0 RFP PROCESS
An electronic copy of the proposal must be saved as a single PDF or Word document and uploaded to the Bidnet
Direct website before 2:OOP.M., MAY 28, 2019. The electronic copy must be named "2019-045 submitted by
XYZ company".
The selection process will consist of proposal evaluations by the selection committee,and Proposers will be notified of
further process thereafter. See below for information regarding registration, RFP proposal schedule, proposal
submission and format and evaluation criteria.
In addition to price, the evaluation criteria set forth below may be considered in judging which Proposal is in the
best interests of the City.
4.1 REGISTRATION
If your firm or team intends to submit a proposal for this RFP, you must send an email to
rebecca.hodgson(&cityofaspen.com as soon as possible and indicate that you are the contact person for your firm or
team.Registration does not obligate submission of a proposal.
4.2 RFP SCHEDULE
At this time, the following process and timeline is anticipated. The City reserves the right to modify the process or
timeline:
RFP Issued April 19,2019
RFP Questions Close May 17, 2019
Proposals Due May 28,2019,2:OOPM
Evaluation period May 24-30, 2019
Notifications May 31,2019
Finalist Interviews June 6-7, 2019
Signed Contract Due June 13,2019
City Council Approval June 24,2019
4.3 QUESTIONS
Questions must be submitted through the Bidnet Direct website,www.bidnetdirect.com. Answers will be posted as an
addendum for interested parties to read and consider. Questions regarding the procurement process or last minute
submission questions may be sent to Rebecca.hodgson(&ci ofaspen.com.
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The City reserves the right,at its sole discretion as deemed in the best interests of the City of Aspen, to disqualify any
candidate for phone calls or other direct contact with City staff other than via the email address provided in this section.
Questions can be submitted up until 3:OOpm, May 17`x'and answers to questions will be published in the form of an
addenda each Friday during the RFP period.
4.4 PROPOSAL SUBMISSION AND FORMAT
Proposals must be saved as a single PDF or Word document and named"2019-045 by XYZ company". Proposals
must be uploaded before 2:OOP.M., MAY 28,2019. The City cannot accept late, faxed, or emailed proposals.
4.5 EVALUATION CRITERIA
The City of Aspen reserves the right to select the proposer that it deems, in its sole discretion, to have presented a
proposal that is in the best interests of the City of Aspen. In addition to price,the evaluation criteria and weightings
listed below may be considered in judging which Proposal is in the best interests of the City of Aspen and are
subject to change by the selection committee based on the best interests of the City of Aspen:
• Response to section 5.1 Lead Firm and Team Qualifications 25%
• Response to section 5.2 Relevant Project Experience 25%
• Response to section 5.3 Additional Expertise Sought 25%
• Response to section 5.4 Fee Worksheet, Schedule, Contract 25%
5.0 REQUIRED PROPOSAL ELEMENTS
Proposals are required to include all information requested in this section. Please organize your response by
using the same section names and item numbers as shown below. Additional information may be requested
at a later time.
5.1 LEAD FIRM AND TEAM QUALIFICATIONS
5.1.1 Provide the name of lead planning/design/architectural firm,address,and telephone number. If the firm has
multiple offices,include information about the parent company and branch office separately. Identify office
from which project will be managed and this office's proximity to the project site.
5.1.2 What year was the firm established? What is the total number of firm's full-time employees'?
5.1.3 Firm's annual revenue for each of the past five years
5.1.4 Provide a listing and description of all current litigation involving the lead firm.
5.1.5 Provide a copy of the lead firm's most recent Income Statement and Balance Sheet.
5.1.6 Provide name, email and phone number for firm's primary contact person for this project. Describe your
level of commitment and confidence that this person will be the point of contact throughout the entire
project.
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5.1.7 Provide a list of all subconsultants on the team. Include with each an explanation as to why this
subconsultant is best suited for working on this project.
5.1.8 Provide a proposed team staffing chart, for the firm and the entire team of subconsultants, which identifies
individual names and areas of responsibility.Provide professional qualifications and description of the level
of experience for key personnel and particularly highlight experience pertinent to this project.
5.1.9 Provide a statement of firm's capability to absorb additional workload, availability of personnel, and
commitment to provide services on a timely basis.
5.2 RELEVANT PROJECT EXPERIENCE
5.2.1 Please provide a sampling of no less than 4 and no more than 6 similar projects completed.Where possible,
focus heavily on master planning efforts which were based upon an earnest community outreach program
or otherwise projects which sought broad community support. Please also describe any similar projects
completed within the City of Aspen or Pitkin County, CO. Otherwise, describe any successful affordable
housing planning projects. Where applicable, include relative size of each project in square feet and
dollars as well as owner's contact information and contractor's contact information. Explain how
these sample projects best suit your firm to perform the work described in this RFP.
5.2.2 Describe your firm or team's level of experience and understanding regarding projects within the City of
Aspen and the associated zoning and permitting requirements. Explain any particular challenges you see
and how you will manage those.
5.2.3 Describe the firm and team's qualifications to successfully execute the community outreach and master
planning effort described herein. Also describe your approach to the work and include any
recommendations which may enhance this process.
5.2.4 Based on the information provided in the scope of the project section of this RFP,provide a comprehensive
outline of the steps you propose in order to meet the services required in this RFP. Note where and why
you are adding, changing or otherwise deviating from the information provided in the scope of the project
section of this RFP. To the extent possible,this detail should indicate what is to be done,who individually,
and by name is responsible to do it, and when it is to be completed.
5.3 ADDITIONAL EXPERTISE SOUGHT
5.3.1 Describe the firm or team's ability to research, review and analyze existing conditions or restrictions which
may have a meaningful impact on the development. One example might be jurisdictional nuances among
the City of Aspen,Pitkin County and the Aspen Airport Business Center.Describe any such challenges you
see for this project and how you propose to manage for those.
5.3.2 Describe specific (not rhetorical) expertise which your firm or team has learned and retained on the topic
of public participation in the development planning process and how you intend to leverage this competency
to help the City of Aspen be successful on this project. Include specific case studies and success stories.
5.3.3 Describe your proposed process to appropriately prioritize and balance workforce housing needs,
community support, mixed-use and neighborhood harmonization, environmental sensitivity, access and
infrastructure constraints/opportunities, residential livability and cost effectiveness in a multi-stakeholder
context.
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5.3.4 Describe the firm or team's ability and proposed process to observe and/or analyze the neighborhood for
any potential need for commercial services and to determine whether to prioritize such inclusion in any
recommendations for development.
5.3.5 Describe any additional due diligence you see necessary as part of this process and describe your firm or
team's ability and proposed process to perform this recommended additional work.
5.4 FEE WORKSHEET, SCHEDULE, CONTRACT
5.4.1 Please fill out and attach the Fee Worksheet which was included with the bid package. Make any changes
you see fit in terms of schedule or work breakdown.
5.4.2 Provide a schedule, timeline or list of milestone dates that validates adherence with the timing outlined in
the scope of the project section of this RFP. Provide rationale for any modifications deemed necessary.
5.4.3 Provide a statement regarding your firm's ability to sign the attached contract. See section 6.1.
5.4.4 Provide a statement regarding your firm's ability to meet the insurance requirements in the attached
contract. See section 6.2.
0 ADDITIONAL REQUIREMENTS
6.1 CONTRACT
Your firm will be required to sign the attached City of Aspen Professional Services Agreement. By participating
the City's procurement process, you agree to the terms and conditions without change.
6.2 INSURANCE
The attached City of Aspen Professional Services Agreement contains the following insurance requirements:
(i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee
engaged in the performance of work under this contract, and Employers' Liability insurance with
minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00)
disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers'
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION
DOLLARS ($2,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00)
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.
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(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($1,000,00,0.00)aggregate with respect to each Professional's owned,
hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a 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 MILLION DOLLARS($2,000,000)
each claim and TWO MILLION DOLLARS ($2,000,000) 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 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 canceled,terminated or materially changed until at least thirty(30)days
prior written notice has been given to the City.
6.3 INTERESTS OF THE CITY OF ASPEN
6.3.1 The City of Aspen reserves the right to reject any or all Proposals or accept what is, in its sole judgment,the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the
City, to modify this RFP process as it sees fit or waive any technical defects or irregularities in any and all
Proposals submitted.
6.3.2 Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably
susceptible to be selected for award for purpose of clarification to assure full understanding of, and
responsiveness to the solicitation requirements.
6.3.3 The successful Respondent is prohibited from assigning or subcontracting the whole or any part of the
contract without the prior written consent of the owner.
6.4 CONFIDENTIALITY
Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents
that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by
third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any
document, plan, specification,proposal or other writing submitted pursuant to this request.
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7.0 LIST OF ATTACHMENTS
Please be sure to obtain the attachments listed below:
• Instructions to Offerors of Professional Services
• City of Aspen Professional Services Agreement