HomeMy WebLinkAboutresolution.council.049-14 RESOLUTION # 49
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND DHM DESIGN CORPORATION 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
Park and Brown Pedestrian Improvements Project, between the City of Aspen and
DHM Design Corporations, 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 Park and Brown Pedestrian Improvements Project, between the City of Aspen
and DHM Design Corporations, 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 7th day of April, 2014.
(V
Ste I Skadron, or
I, Kathryn S. Koch, duly appointed and acting City Clerk o 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, April 7, 2014.
JF za �
K ryn S. Ifoch, City Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009
PROFESSIONAL SERVICES
City of Aspen Project No.-' 2014 - 106
AGREEMENT made as of day of i ( , in the year 2014.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Garrett Sabourin,PE
130 South Galena Street Total: $25,000.00
Aspen, Colorado 81611
Phone: (970) 920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
DHM Design Corporation until it has been approved by the City
c/o Laura Kirk,RLA Council of the City of Aspen.
311 Main Street, Suite 102 City Council Approval:
Carbondale, CO 81623
Date: I I `l
Phone: (970) 963-6520 fT
Resolution No.: art-qrf
For the Following Project:
Park and Brown Pedestrian Improvements Project
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work
Exhibit B: Hourly Fee Schedule
t �
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
June 01, 2014. 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. Pam. 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-Assignability. 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
Agreement Professional Services Page 1
purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
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,if such injury, loss,
or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,the act,
omission, error, professional error, mistake, negligence, or other fault of the Professional, any
subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense
for and defend against, any such liability, claims or demands at the sole expense of the Professional,
or at the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability, claims, or demands.If it is determined by
the 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
Agreement Professional Services Page 2
to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Morkers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Eempr-e en-sive-4titemebile Liabdh�,' iins�dr-anee wit bined
single damage
DOLLARS ($1 000 000 00) eaek eeeth-renee a-a` oNN41 7 ION DOLLARS
A D S
i
($1,000,000.00) bb b
owned vehieles assig ned to er used in per-fbfmanee of the-S eepe o€WerlE. The policy
shall .,t„i„ .,1,ilit2, of i„ er-ests p if the Pr-e f ssien l has ow-He
J11CL31 V VIILLLIII_G�c•o
L„4Vmebale s, the leiulrei enis of this seetio shall be met by eaeh employee e f the
D-a fessi, nal p i.1in'" o o s to the /wit.,, lider-this e ,4 FAfa
b
(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
Agreement Professional Services Page 3
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.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the 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.
Agreement Professional Services Page 4
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term.No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any 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 Cily. 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. R
Agreement Professional Services Page 5
"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
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ 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:
r
Agreement Professional Services Page 6
(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.
(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.
16. 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
Agreement Professional Services Paae 7
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:
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;
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.
17. 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.
18. 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.
Agreement Professional Services Page 8
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials,this Agreement in three copies each of which shall be deemed an original on the
date first written above.
CITY ASP N, COLORADO: PROFESSIONAL:
[Signature] [Signature]
By: 1 By:Lama Hrl---
[Name] `p [Name]
Title: ��t ����Gam' Title: �j c c1c
Date: ` Date:
Approved as to form:
i Attorney's Office
i
Agreement Professional Services Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
i
Agreement Professional Services Page 10
SCOPE OF WORK
PROJECT OBJECTIVE:
This project will utilize professional engineering services to develop and determine the
feasibility and implementation of pedestrian and traffic calming safety measures to improve
pedestrian safety and mobility in conjunction with providing traffic calming on Park Circle, near
the intersection of Brown Lane, see `Exhibit 2A'. This project's scope will be limited to a
conceptual design for sidewalk, signage, landscaping and street improvements for the
intersections. The design area will be referenced as the `Park Circle Intersection'for the
remainder of this document as depicted in `Exhibit 2A'.
Within the context of this project there are opportunities for the City to:
• Improve pedestrian safety by identifying traffic calming opportunities
• Improve pedestrian safety by identifying pedestrian crossing infrastructure opportunities
• Improve pedestrian safety by identifying pedestrian channelization opportunities
• Improve pedestrian safety by identifying visual obstructions for pedestrians and vehicular
traffic
• Improve pedestrian safety by identifying roadway sign improvements,(may extend
outside depicted project area)
SCOPE OF SERVICES:
To achieve these goals,the following tasks have been identified:
1. DATA COLLECTION:
1.1 Engineering Research:Items of particular importance include:
• Understanding the pedestrian and vehicular patterns of the area.
• Identifying all above ground utilities within the construction area.
• Identifying construction techniques that will minimize disruption of private property
and City Right of Way.
• Identifying any additional pedestrian and traffic conflicts in the area.
• Identifying additional opportunities for connectivity
• Identifying existing roadway signage affecting the Park Circle Intersection, including
pedestrian and vehicular traffic
• Identifying visual obstructions within the Park Circle Intersection sight triangles
The City of Aspen Engineering Department will provide annual average daily vehicular traffic
counts and speeds to the Consultant. The scope of work shall not include the collection of traffic
counts.
The Consultant shall ensure that the Work is in compliance with the City of Aspen municipal
code, City of Aspen Construction and Excavation Standards, the City of Aspen's Urban Runoff
Management Plan,AASHTO Specifications, Americans with Disabilities Act, Manual on
Uniform Traffic Control Devices and other applicable codes and specifications.
In case of any discrepancy between any of the requirements set forth,the more stringent
requirement shall apply. If any questions arise as to which requirement is more stringent than
another,the Project Manager shall be authorized to determine which is more stringent, and the
Project Manager's decision shall be final.
1.2 Survey,Right of Way, Easement Survey, and Ownership Map: City staff shall assist the
consultant in obtaining and utilizing the City's GIS database for development of a project
map and design drawings. The scope of work shall not include survey work. The general
project area is illustrated in `Exhibit A'. If field verification is required the Consultant will
secure right-of-entry from the property owners.
1.3 Utility Research: Utility information will be developed from"as-built"plans (if available),
surface locates, and meeting with individual utility companies. All work shall be coordinated
with all impacted utility companies, districts, associations, agencies, and residents located
within the project area.
1.4 Landscaping: A landscape architecture "inventory"shall be developed for the project area.
A landscape inventory will be critical to addressing the opportunities and constraints in a
conceptual design process. This inventory will be used to determine potential aesthetic, sight
distance, and environmental impacts of existing landscaping and irrigation systems.
1.5 Vehicular Traffic,Pedestrian, and Bicyclist Data: Traffic data will be provided by the
City of Aspen Engineering Department. Pedestrian and bicyclist data shall be collected as
needed by the consultant.
2. CONCEPTUAL DESIGN:
2.1 Documentation of Design Criteria The Consultant shall document the decisions made,
public comment and provide meeting minutes. The Consultant shall also document all the
design criteria that will be used for the project. As the project progresses, if revisions or
clarifications are needed, they should be documented in project file memorandums. All
future changes are to be submitted and approved by the City Project Manager.
2.2 Utility Coordination and Design: Early identification of the utility facilities within the
project area will get immediate attention. It is the objective of this project to avoid existing
utilities whenever possible.
2.3 Landscape Planning and Designs: The consultant will coordinate with the City of Aspen
Staff for urban planting concept development related to pedestrian interface, and landscape
features associated with the project area.
2.4 Public Involvement: The Consultant will support the City in preparing for and conducting
a public involvement program. The major elements of the plan will be:
• (2) -two Meetings with property qwners directly affected by the improvements, with y
preparation of supporting graphics
2.5 Conceptual Pedestrian Plan:
The consultant will provide a written traffic and pedestrian summary of the Park Circle
intersection, outlining current conditions and capacity. The consultant will recommend
improvements for pedestrian safety by proposing preferred routes and incorporating traffic
calming measures within the corridor.
The plan shall be accompanied by drawings that include:
• Renderings of conceptual concepts that include:
• Traffic calming layout
• Sidewalk,ADA Ramp(s) and Crossing layout (Existing and Proposed)
• Signing Plan(Existing and Proposed)
• Preliminary earthwork data
• User flow patterns detailed at critical links
• Presentation quality imagery
• Perspective drawings illustrating both elements of the design and the intersections as a
whole
• Landscaping and restoration strategies
• Sediment and Erosion Control Plan
• Preliminary Cost Estimate
3. GENERAL:
3.1 Project Coordination and Continuing Requirements: This task includes meetings, and
in
general documentation of all activities of the project.
The Consultant shall provide the City with the following:
• Copies of all written communications shall be distributed via email or legible fax in a timely
manner and hard copies shall follow with the monthly progress report submitted with the
monthly billing.
• Communication between the Consultant Project Manager and the City of Aspen Project
Manager will require confirmation of decisions made during telephone conversations and at
formal and informal meetings. The Consultant shall prepare minutes from telephone calls and
meetings and send these to the City within 5 working days of the meeting or conversation.
• Coordination of all contract activities by the Consultant that involve work tasks being
assigned to sub-consultants; and ensure the project work is completed on schedule and within
budget.
3.2 Progress Meetings The Consultant shall conduct the meetings using the following format:
The City and the Consultant Project Managers will meet periodically in order to discuss the
project issues and status. Notice for meetings and meeting agenda shall be prepared and
distributed by the Consultant. The progress meetings will be used to review progress,
coordinate work activities and to resolve outstanding problems.
0 1
In general, all reports and submittals must be approved by the City of Aspen Project Manager
prior to using their content in follow-up design efforts. The City of Aspen Project Manager
will endeavor to notify the Consultant within 5 working days with approval or redirection.
PROJECT SCHEDULE :
Work will not commence until the written Notice to Proceed is issued by the City and received
by the Consultant. All work for this project shall be completed within the allotted times as
identified in the agreement. Additional time lost for reviews and approvals not anticipated shall
be documented by the Consultant in the monthly progress reports which are submitted with the
monthly billing.
The Consultant Design Schedule, (showing critical path activities identified in the Scope of
Work), shall be completed and distributed 24 hours prior to the pre-design meeting in a bar chart
format(on 11"x 17"paper). This meeting should be held within 15 days from the Notice to
Proceed to the Consultant. The schedule shall be updated monthly and discussed at the progress
meetings.
SUBMITTAL FORMAT
Plans and specifications shall comply with the following:
The plan and map sheets shall comply with the following requirements:
1. The original plots are 24"x 36" size sheets and are true to scale.
2. The 24"x 36" sheets shall be a high quality plot or laser plot on plain paper.
3. All drafting and lettering shall be of the proper density and legibility for a 50
percent reproduction. There shall be no excessive screening on drawings. When
required, screening shall be accomplished by a 50 percent screen with a maximum
of 50 lines per inch. Also, final drawings for reproduction will have all drafting
work and image on one side of the sheet.
4. All plan/profile and detail sheets shall have a"title block", "revision block", and
"as constructed block" in one corner of the sheet.
5. Plans must be submitted in a scale acceptable to the City. Plans must also be
reproducible by the City. This includes two sets of full (24"x 36") and half size
plans (11"X 17").
6. The Consultant shall also provide a complete set of construction drawings for the
City's use. They must also be submitted in electronic form in AutoCAD 2002 or
later version on CD ROM.
7. All documents will also be submitted in MS Word format.
DELIVERABLES
The following is an estimate of the deliverables required for this project.
1. Data Collection:
• Inventory of existing conditions
• Pedestrian and bicycle data
• Utility Research
• Landscape Inventory
2. Conceptual Design
• Conceptual Pedestrian Plan
• Conceptual Traffic Calming Plan
• Conceptual Signage Plan
• Preliminary Cost Estimate
• Summarized public input(Public meetings and City Open Hall)
3. Project Administration:
• Monthly progress with updated earned value tabulation reports and monthly invoices.
• Meeting minutes.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Agreement Professional Services Page 11
Fee I rero
The DHM Design/SGM Team have drawn on our substantial past teaming experience,our recent work experience on Neale
Avenue,and our understanding of the high level of service that the City of Aspen and the Aspen community expects for
City public projects to arrive at our proposed fee for the Neale Avenue Improvements Project.We are also intimately familiar
with the execution of a public process in the City of Aspen and that this results in substantial,additional process,product,
and related fee than may be typical of an engineering project elsewhere; it is clear that the City values this process and
requires the process be thorough and genuine.
We have worked diligently as a team to"sharpen our pencils"and seek ways to control our fee without compromising the
quality of the product or process that we will deliver to the City;as such,our proposed scope of services and associated
fee meets the target budget. We are glad to revisit our scope of work and fee should our assumptions be out of alignment
with the needs of the Engineering Department,the City of Aspen,and the public.
sure ml lary Of Fees Per Phase
Phase 1 : Project kick-off and data collection............................................................................. $5,480.00
Phase 2: Conceptual design and public process ................................................................. $15,190.00
Phase 3: General tasks and project management..................................................................$3,840.00
Reimbursables............................................................................................................................................... $490.00
TOTALFEE................................................................................................................$25,000
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Park and Brown Pedestrian Improvements Project
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FEE STRUCTURE
DHM Design Corporation
Effective January 1, 2O14
HourIV Rates
Principal S160.00
Senior Associate $120.00
Associate $100.00
SeniorDesigne»/P|anner $90.00
Designer $80.00
Graphic Designer $75.00
Oerica|/VVnrdProcessing $60.00
Reimbursable Expenses
Xerox Copies $ O.12 per copy
Color Copies $ 1.5U per copy
In-House Computer Plots
'K8y|ar $ 3.SO per square foot
-Vellum $ 2.3O per square foot
' Bond $O.4S per square foot
Color Computer Plots $ Z.8O per square foot
Mileage $O.SSS per mile
All outside reimbursable expenses such as printing, copying, postage and deliveries are billed at our
direct costs.
All sub-consultants will be billed at our direct cost.
Bills are rendered and due payable monthly. Terms: Due and payable within 30 days upon receipt of
statements. 1.S96 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.
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DENVER [AR8UNDALE QURANGO RALEIGH VVVVNLDHK4DES|GN.[OkA
1390 Lawrence Street,Suite lm Denver,cn80z04 pom.89as6 6tm»u���
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FEE SCHEDULE
2014
HOURLY RATE .
PRINCIPALENGINEER.....................................................................................................................................$165.00
SENIORENGINEER II........................................................................................................................................$145.00
SENIORENGINEER I.........................................................................................................................................$135.00
SENIORPROJECT MANAGER..........................................................................................................................$125.00
PROJECTMANAGER........................................................................................................................................$115.00
ENGINEERIII.....................................................................................................................................................$120.00
ENGINEERII......................................................................................................................................................$110.00
ENGINEERI.......................................................................................................................................................$ 90.00
DESIGNTECHNICIAN .......................................................................................................................................$ 65.00
SENIOR ENERGY CONSULTANT.....................................................................................................................$135.00
ENERGYMANAGER..........................................................................................................................................$105.00
ENERGYAUDITOR............................................................................................................................................$ 95.00
CONSTRUCTION MANAGER............................................................................................................................$110.00
CONSTRUCTIONTECHNICIAN II.....................................................................................................................$100.00
CONSTRUCTIONTECHNICIAN I......................................................................................................................$ 90.00
CADDMANAGER...............................................................................................................................................$115.00
SENIORCADD DESIGNER................................................................................................................................$100.00
CADDDESIGNER..............................................................................................................................................$ 90.00
CADDDRAFTER................................................................................................................................................$ 75.00
GIS COORDINATOR/ANALYST.........................................................................................................................$110.00
GIS/CAD SPECIALIST........................................................................................................................................$ 85.00
GISDATA ENTRY..............................................................................................................................................$ 65.00
GIS FIELD DATA COLLECTION........................................................................................................................$ 50.00
MARKETINGMANAGER....................................................................................................................................$ 90.00
CLERICALSTAFF..............................................................................................................................................$ 65.00
SURVEYMANAGER..........................................................................................................................................$140.00
LANDSURVEYOR.............................................................................................................................................$120.00
SURVEYPROJECT MANAGER.........................................................................................................................$100.00
SENIORSURVEY TECHNICIAN........................................................................................................................$ 90.00
SURVEYTECHNICIAN......................................................................................................................................$ 75.00
FIELDSURVEY(1-Man Crew)...........................................................................................................................$150.00
FIELD SURVEY(1-Man Crew OVERTIME)........................................................................................................$225.00
FIELDSURVEY(2-Man Crew)...........................................................................................................................$200.00
FIELD SURVEY(2-Man Crew OVERTIME)........................................................................................................$300.00
EXPERTTESTIMONY........................................................................................................................................$325.00
REIMBURSABLES
Equipment Rate
VehicleMileage.............................................................................................................................$ 0.565/mile
ATV/SNOWMOBILE...................................................................................................................$ 125.00/day
FlowTote......................................................................................................................................$ 125.00/day
Reproduction (Plot Sheets are typical"D"size @ 2'x 3', Oversize higher)
Black&White Plots.......................................................................................................................$ 5.50/sheet
MylarPlots....................................................................................................................................$19.00/sheet
ColorPlots....................................................................................................................................$30.00/sheet
Photocopies..................................................................................................................................$ 0.25/page
Miscellaneous
Overtime will be charged out at 1'h times hourly rate(field purvey overtime rates noted above).
10%will be added to all direct expenses, including Fed Ex,special delivery and courier charges,special consultants,
subcontractors, laboratory tests, airfare, lodging,meals, car rental,telephone, outside printing expense,etc. Interest
of 1.5% per month will be charged for invoices past 30 days.
Park and Brown Pedestrian Improvements Project
EXC1 usions/Assn m ptions
The DHM Design/SGM team has included the scope items that we believe are necessary to deliver the project at the
level of service and quality described by the RFP and based on our understanding of the project. We have also outlined
specifically the tasks and products associated with each Phase of work. The items noted below are not currently included
in our scope and fee. Should the Scope of Work and/or the excluded services not align with the City of Aspen Engineering
Department's needs,we will gladly revisit our scope of work and fee with you to arrive at an appropriate level of service
and deliverable products.
The following are additional fees if necessary:
1. DHM Design/SGM has not included costs for existing conditions or boundary surveys or potholing of the area.
2. DHM Design/SGM has not included costs for detailed technical design on the project.
3. DHM Design/SGM has not included design fees for the design underground utilities.
4. We assume that revisions to site renderings and perspectives not specifically identified will be an additional service.
5. The above fee includes an estimated budget for Reimbursable Expenses,which includes reproduction of plans,vehicle
mileage,and miscellaneous delivery costs.These expenses will be reimbursed on a time and materials basis and the
client will be notified if the estimated budget will be exceeded.
6. DHM Design/SGM has not included costs for any applications and review fees.
7. Additional site,public process,council,and team meetings not specifically identified in the proposal will be billed at
our standard hourly rates.
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