Loading...
HomeMy WebLinkAboutresolution.council.082-19 RESOLUTION #82 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND OTAK, INC. 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 contract for $164,846.00, between the City of Aspen and Otak, Inc., 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 that Contract for $164,846.00, between the City of Aspen and Otak, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22"d day of July, 2019. --17vwl 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, July 22, 2019. Linda Manning, ity Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 CITYOFASPEN PROFESSIONAL SERVICES City of Aspen Contract No.: 2019-50486 AGREEMENT made as of 22 day of July, in the year 2019 BETWEEN the City: Contract Amount: The City of Aspen c/o Mike Horvath 130 South Galena Street Total: $164,846.00 Aspen, Colorado 81611 Phone: (970) 920-5079 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 Otak, Inc. until it has been approved by the City Council of the City of Aspen. c/o Pete Loris 371 Centennial Parkway, Suite 210 City Council Approval: Louisville, CO 80027 Phone: 720-758-7728 Date: July 22, 2019 Resolution No.: 82 of 2019 For the Following Project: Garmisch and Main Bus Stop and Pedestrian Improvements Project Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 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 at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 30, 2019. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause,be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B 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 ani. 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. Agreement Professional Services Page 1 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, 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 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain Agreement Professional Services Page 2 insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) 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 Agreement Professional Services Page 3 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 fiill 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 seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the 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. Agreement Professional Services Page 4 Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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: Agreement Professional Services Page 5 (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (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 Agreement Professional Services Page 6 subcontractor has not knowingly employed or contracted with an illegal alien. (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 seg., 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) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an 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) Professional 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: Agreement Professional Services Page 7 I. 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; 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. Agreement Professional Services Page 8 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 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. In 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. This 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 nor 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. This 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. The 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. Agreement Professional Services Page 9 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. CITY OF ASPEN, COLORADO- PROFESSIONAL: 70 Date:2y signed by Peter 3 Loris Dale:20signe 10 1 Peter J. Loris' [Signature] [Signature] By: Sort",- 6, (--) � � By. Peter J. Loris [Name] L [Name] Title: ]r���r; C; UQc�r Title: Senior Vice President Date: Z 3 l" pate. July 10, 2019 Approved as to form: ity Attorney's Office Agreement Professional Services Page 10 EXHIBIT A: SCOPE OF WORK PHASE 1 - INVENTORY/ANALYSIS The Consultant:shall document in a letter or report all the design criteria that will be used for the project. The design criteria shall be prepared prior to a pre-design meeting and shall be approved by all the entities involved with the project prior to the start of final design. As the project progresses, if revisions or clarifications are needed, they should be documented in project file memorandums. All further changes are to be submitted and approved by the City Project Manager. FIELD SURVEY/BASE MAPPING: The project area will be field-surveyed and mapped, identifying all physical design elements and topographic information. Field survey work shall include non-destructive investigative borings to locate water, storm sewer, sanitary sewer, electric utilities and dry utilities as determined by the consultant are necessary. It is anticipated potholing will be provided in areas with brick pavers that must be replaced matching the condition prior to disturbance. 1. Compile a list of all utilities in the project area based on existing documents. Utility providers include but are not limited to: City Water, City Electric, City Engineering (storm water) Comcast (communications), Century Link (telephone), Black Hills Energy/Sourcegas (natural gas), and Aspen Consolidated Sanitation District (ACSD). 2. The Consultant shall obtain the most recent ownership information from the assessor's office that is necessary for preparing drawings. Drawings shall include property boundaries and all easements. 3. The design deliverable for Phase 1 Inventory/Analysis will include a drawing package that clearly indicates the location of all utility and existing information for the project area that is produced from the investigation. This will include all easements, topography, structures, trees, benches, roadway infrastructure, and utilities with the known information discovered through the investigation. The drawing will include notes for each utility providing an opinion as to the accuracy of the information obtained. 4. Consultant shall meet separately with each utility at their place of business to review their records to determine the location of mainlines and laterals. This meeting shall include discussion of optimal tie-in/connection points adjacent to the project area, and any deficiencies with the system. It is anticipated a meeting with the gas, electrical, telecom, water, engineering and sanitary utility departments will need to be coordinated through the consulting team. 5. Consultant shall provide topographic survey and base maps showing edge of pavements, curb & gutter, ditches, driveways,gates, structures, building entryway features, retaining walls, masonry structures, light poles, surface utility fixtures (boxes, cabinets, pedestals, etc.) and a tree inventory. Include all existing drainage features and gravity fed sanitary system inverts and all other utilities based on locates and verification efforts previously described. Information regarding size, type, and alignment condition shall be obtained and noted on the plans. The topographic survey will need to be detailed along roadways and walks to provide adequate information to assess ADA requirements.The survey will be provided for the Phase 1 deliverables in the format required by the City of Aspen. 6. The surveying and mapping limits required for this project shall extend throughout the existing intersection area, including street intersections, drainage features, trees, buildings, utilities, site furnishings, pavement types, and other significant features. The Consultant's field survey shall provide the following information as part of the field survey: a. Establish horizontal and vertical control. b. Establish right-of-way along the project area. c. Topographic data gathered using conventional surveying practices shall meet the National Map Accuracy Standards for each one-inch equals ten feet (1"=10') with 6 inch contours. Cross-sections shall be taken at 20-foot intervals and at additional critical locations. Supplemental cross-sections are required at intersecting streets, driveways, pedestrian access ramps, and building entrances (show both edges and extend back as far as needed to accommodate the proposed regrading). d. The detail topographic 1 ft contour mapping shall extend 150 feet longitudinally beyond the project area at street intersections and 10' laterally to include building faces. e. The width of the field-surveyed cross sections (and associated mapping) will extend to the building lines. f. Prior to surveying on private property, Consultant will obtain permission from the property owner. 7. Visit the project area to gather evidence of overlooked utilities and location of service laterals (pedestals, manholes,valve boxes, service shut-off,etc).The Consultant shall utilize utility locates and non-destructive testholes to investigate the location, size and depth of all utilities within the project area limits. The Consultant will coordinate with the City of Aspen for areas that will need to be closed to pedestrians during the subsurface investigation. All surface materials are to be replaced matching the existing conditions prior to the testhole disturbance. 8. Consultant will coordinate all work with all utility providers, associations, agencies, and residents located within the project area. 9. Consultant will be responsible for the Method of Handling Traffic and complying with all City ordinances pertaining to work in the Right of Way. All traffic control is to be provided by the consultant during investigation and survey. 10. Prior to the design locate work, Consultant will call for utility locates and will be responsible to remove any markings per the City's Construction and Excavation Standards for Work in the Public Rights-of-Way. 11. Consultant will incorporate the design locate information into the drawings, showing the location of the testhole and the elevation of the top of the utility. Consultant will identify all conflicts or concerns that that can be ascertained from the testholed information that may have an impact of design work during Phase II. 12. The City estimates that 1 day-worth of testholing will be needed. This utility potholing is only an estimate. The Consultant is to provide a unit cost for each day of utility potholing effort.The unit cost should include the cost to testhole for a utility greater than 4 feet below finished grade and a unit cost to provide a testhole between 1 foot and 4 feet of depth below finished grade. Work Product: 1. Design Criteria Formation Letter/Report; 2. Phase 1 Inventory/Analysis Drawings; 3. Memorandum of Design- Utility and Site Investigation; 4. Meeting minutes. GEOTECHNICAL ANALYSIS: Review current geotechnical data available to establish general site conditions. Provide a geotechnical study to verify the soil requirements needed for recommendations on any structures, permeable pavers, and pavements including items required during construction involving earthwork, trenches or embankments necessary for the full design of the project. Work Product: 1. Geotechnical Report summarizing investigation findings; 2. Pavement design recommendations for pedestrian paving, permeable pavers and roadways; 3. Recommendations for structures foundation NEIGHBORING DEVELOPMENT PLANS: Contact neighboring properties to understand development plans and timeline. Both the Molly Gibson Lodge and Hotel Aspen have met with City staff to discuss future redevelopment.The consultant must completely understand their proposed ROW improvements in order to improve the intersection, bus stops, and utilities. Work Product: 1. Copies of proposed designs from all redevelopment projects in the vicinity. RFTA RIDERSHIP NUMBERS: City to supply team with historic ridership numbers for the stops included in the study. Consultant to understand usage of stops and incorporate the data into the planning/design. Work Product: 1. Include ridership numbers and analysis in Memorandum of Design- Utility and Site Investigation. PHASE 2 — CONCEPTUAL PLANNING URBAN DESIGN: Develop conceptual plans of the project area that retain and improve the design of the roadway, pedestrian routes, utilities, and bus stops. Bus stop design alternatives will be examined in this phase as well as pedestrian improvements.The feasibility of the placement of bus shelters and pedestrian flow will also be thought through. Evaluate with the Phase 1 data to prepare complete conceptual plans. Develop one (1) Preferred Conceptual Plan following the staff involvement process outlined below. Actions to occur as part of the Urban Design effort include: 1. Organize a workshop with City staff to identify design issues, conflicts and concerns (from Phase 1 Inventory/Analysis activities); 2. Develop ADA compliant circulation routes and cross connections; 3. Develop a stormwater plan from design options in the Garmisch Masterplan; 4. Develop surface paving patterns, include snowmelt at outbound bus stop; S. Develop planting plans in tandem with existing trees to remain; 6. Determine pedestrian and bus stop site elements,furnishings (with options as necessary); 7. Review City Standard Details and building code; 8. Submit to various City departments and agencies for specific comment and discussion; Work Product: 1. A comprehensive conceptual site plan, utility plan, and public engagement illustrations for the City and Stakeholders to review; Digital and/or physical models can also be utilized. Other applicable reviews: 1. Implementation/Phasing; 2. Safe pedestrian interactions at intersection/transition zones; 3. Analyze any conflicts that are presented that interfere or preclude proper infrastructure improvements, including any existing conditions; 4. Street tree configuration; S. Private improvements of adjacent properties; UTILITIES DESIGN: Develop conceptual plans for the stormwater mainline replacement, utilizing information provided through the Phase 1 Inventory/Analysis and Engineering/Operations/Utility research. The Consultant will work closely with the City of Aspen Engineering Department to estimate and identify maximum flow demands that will be required. The Garmisch Stormwater Masterplan will assist with design. The conceptual plan will outline all assumptions and demands being implemented prior to providing the system design. It is expected that the conceptual document will be provided and presented to the City of Aspen Engineering Department prior to the Phase 3 Design effort. Develop conceptual plans for the electrical supply and bus stop lighting system. The Consultant will work closely with the City of Aspen Electric Department to estimate and identify maximum electrical demands that will be required. Work Product: 1. Estimate of maximum stormwater flow & electrical demands COMMUNITY ENGAGEMENT: The project will require a public involvement/outreach program. Outreach could include an online and/or mailed survey, small group meetings, large group meetings, intercept interviews, etc. Staff is able to assist in any of these efforts, but any small or large group meetings should be facilitated by the Consultant or other non-staff personnel. The Consultant is expected to identify the best public outreach and engagement strategies for project needs. The Consultant is expected to aid Staff in identifying different groups or organizations that would be important to engage in this project. Aspen has a history of robust community involvement, and the City is interested in engaging as many people as possible to help inform work on the intersection. The following groups should be specifically targeted for participation: 1. Bus Stop Users. This includes businesses located near the intersection, as well as locals and visitors who use the pedestrian infrastructure. The Consultant is expected to help determine how to best engage these groups. Staff is able to take the lead when working with these groups, but some participation from the Consultant may be needed; 2. "Technical Experts." There are a number of community members who are highly involved and educated on topics related to development in the downtown area. The Consultant will lead,with help from Staff, identify these "experts," identify the correct format for the outreach, and facilitate the engagement; 3. City Council. Aspen City Council is the final decision maker for project advancement. The Consultant Team should include at least one(1)work session meeting with City Council to present and be prepared to discuss the conceptual plan solutions for the project in order to progress and to further develop. The Consultant should identify the specific type of outreach that should be used with each group to obtain the most effective results. Work Product: 1. Individual Contacts; 2. Public and Stakeholder Workshops to determine project direction; 3. One (1) City Council work session meeting presentation. COST ESTIMATE: A cost estimate document will be generated for the conceptual stage solution with a 20% contingency reflected. Work Product: 1. A Cost Estimate for the Conceptual Plan. � 7 � Jo / \ m = a \ \ # / m CO # a # � � @ 6. $ % m m c m m � « ^ � a . m i LU ƒ 3 / / \ a) 0 0 0 C )g » / 0 / % \ / 0 2 \ ƒ 0 \ƒ 0 7 / C) _ W © a 0G & 0 2 t y \ '0 C \ \ R \ % / 0 � § \ Z 2 2 3 u \ \ }ƒ \ » 2 O _ E ® t \ k a ./ k 2 / m @ E ./ CN 5 ® n E > 2 @ n ■ ) \ / \ \ 2 ± -0 ' o 2 / 0 _ % § c n = b = = I m .2Q m \ 0 ® g ± = 2 a \ CL) \ k ƒ \ \ \ k O § \ \ \ / \ \ \ \ \ \ > 3 2 / a- » ƒ 2 U t o m = _ _ » m m O w = mco ± m = m Q [ \ \ « @ Q \ \ o \ ƒ ƒ / _\ _\ 0 / \ 2 = 2 \ § \ £ \ 2 \ § / \ / 0 2 \ 3 \ C / \ k / \ C) -0 \ % \ % \ \ \ \ \ @ \ § @ 2 3 Q ® @@ ° ° '� '/ k 2 r § \ 3 n c 2 c 2 t 2 e 3 e 0 ° = G / Q 2 @ § ° 2 ° _ \ Q � 2 ® ® \ I ° I r = n e ® t \ o ■ a \ / \ \ \ \ ( / ~ / \ / \ e § c e e 2 I ) 2 U @ Q 0 0) $ ' S [ K \ a > � / \ \ / Q \ / Q Z \ 2 0 E ° t ^ « c E 3 / ® \ C0 c \ 2 0 / / a \ g LL t ± « > n [ $ c n \ & F- r / e 2 m \ w > -0 2 \ 2 \ § \ cc t ) 9 ® S ® v � _ o � U R o � C4 r a