HomeMy WebLinkAboutresolution.council.047-21 RESOLUTION # 47
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND EN ENGINEERING LLC. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a professional
services agreement for the Civil and Electrical Design: Red Brick South to Red
Brick North Circuit Replacement Project, between the City of Aspen and EN
Engineering, LLC, 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 professional
services agreement for the Civil and Electrical Design: Red Brick South to Red
Brick North Circuit Replacement Project, between the City of Aspen and EN
Engineering, LLC, 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 1 lth day of May, 2021.
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Torre, Mayor
I, Nicole Henning, 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
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of the Cityof Aspen, Colorado at a meeting held May 11 2021.
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"I" &&-t— -'5�
Nicole Henning, dty Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.:2021-128.
AGREEMENT made as of May 11 th, 2021.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
130 South Galena Street Total: $182,480.00
Aspen,Colorado 81611
Phone: (970)920-5083
If this Agreement requires the City to pay an
And the Professional: amount of money in excess of
$50,000.00 it shall not be deemed valid
EN Engineering. LLC until it has been approved by the City
c/o Steve Parr Council of the City of Aspen.
28100 Torch Parkwav City Council Approval:
Warrenville, IL 60555
Phone: 630-353-4000 Date:
Resolution No.:
For the Following Project:
Civil and Electrical Design: Red Brick South to Red Crick North Circuit Replacement
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
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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 November 1 st. 2021.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-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 purposes of set-off until such time as the exact amount of damages due the
City from the Professional may be determined.
6. 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
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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_, er is elaimed te be eaused in whele er in pai4 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 in which it is claimed that such injury, loss or damage is caused
in whole or in part by the wrongful act, omission, error, professional error, mistake, negligence or
other fault of the Professional. Such defense shall be at the sole expense of the Professional,or at the
option of the City, Professional 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 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.
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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 TWO MILLION DOLLARS ($2,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) 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 TWO MILLION DOLLARS
($2,000,000.00) 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 TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above (except Workers Compensation. Employers'
Liability. and Professional Liability) shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional.No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract.No other form of certificate shall be used.The certifi-
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cate 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. 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
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performance by Professional of said term,covenant or condition,the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein,this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by.HB 07-1073)and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the City of Aspen, from
knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include certain
specific language as set forth in the statutes.The following terms and conditions have been
designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(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.
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(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in
the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services,Professional shall forthwith apply to
participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three(3)calendar months thereafter,until Professional
is accepted or the public contract for services has been completed, whichever is
earlier. The requirements of this section shall not be required or effective if the
Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for Services
is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien;except that Professional shall not terminate
the Public Contract for Services with the subcontractor if during such three
days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(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
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damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(viii) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) 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:
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.
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 Terns.
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(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration,change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore,each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder,may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
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. Attorneys 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
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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.
I
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.
2-427. Waiver of Certain Damages. NEITHER PROFESSIONAL NOR CITY SHALL BE
LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY. SPECIAL INCIDENTAL
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETFIER BASED IN CONTRACT,
WARRANTY TORT OR OTHER LEGAL THEORY INCLUDING BUT NOT LIMITED TO
LOSS OF PROFIT, REVENUE, FINANCING BONDING USE PRODUCTIVITY OR
EFFICIENCY. BUSINESS INTERRUPTION OR DAMAGE TO BUSINESS REPUTATION.
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 gl ,, QLORADO: PROFESSIONAL:
—191b,YIUNT [Sig tune]
By: Sara Ott By: _49 / �•
[Name] [Name]
Title: City Manager Title: edq FGe�
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Date: 5/12/2021 1 1:41:58 PM PDT Date: /
Approved as to form:
Attomey's Office
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EXHIBIT A SCOPE OF WORK-PROPOSAL
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PROPOSAL
Our team members pay careful attention to all project details, from
initial scope of work to final commissions
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Project Approach
EN understands the City of Aspen Red Brick South to Red Brick North Circuit Design project is
critical to maintaining the COA's electrical system's amazing track record for reliability. This
project will involve site surveys, detailed plan and profile drawings, one-line modifications, traffic
control plans, civil/environmental plans, support acquiring easements, permitting support, code
compliance reviews, staking sheets, material cost estimates, civil and landscape design (as
required) to reroute two feeders, separate single phase from three phase circuits and replace
approximately 7200 linear ft of feeder cables affected by the reroute directly or at the end of
their useful life. The actual construction of the circuits will be a phased approach over the
coming years. The design will also include interfacing with several pieces of affected equipment,
including S&C PMH-4 live front switchgear. EN and our subcontractors are prepared to execute
all of this work in addition to working with the COA to determine the optimum route if any
obstacles, such as utility conflicts, are found with the proposed route. EN's survey partner SEH
will conduct a thorough SUE survey to quality level B (option for quality level C was also
proposed as an alternative)to provide visibility to all subsurface utilities, which will inform the
design to ensure no unforeseen conflicts exist at the time of construction. A survey to this
quality level will also allow for a more informed decision when evaluating construction phasing.
Additionally, EN recognizes that the permitting component of this project will be a critical path
item, and therefore will place a large emphasis on ensuring all permitting components and
timelines are adhered to. Although the COA will be submitting all permits, EN will heavily assist
in their preparation. After conducting a preliminary review, EN believes the below list of City
permits will be required for this project, which will be submitted through COA's salesforce online
permitting application.
Aspen Community Development:
1. Electrical Permit
2. Fencing Permit
3. Sign Permit"Possibly required
4. Construction Permit"Possibly required
a. (Aspen Electric may be exempt from this permit under a public service agency
exemption)
5. Tree Removal Permit*"Possibly required
Aspen Engineering:
1. Temporary Encroachment Permit (assuming no equipment will be permanently placed in
the ROW)
2. ROW Permit (street cut)
3. Landscape/Grading Permit
As such, EN will maintain an open line of communication with the COA's electrical staff
throughout the course of the project in order to ensure all of the COA's requirements are met,
including a weekly update to brief the COA on the current status of the project. It is imperative
for the schedule outlined in the RFP to be adhered to, as the COA has strict construction
windows due to high tourism and inclement weather during certain times of year. Construction
within the ROW for the majority of this project is only allowed between April 1 and November 1,
however it appears that a portion of North Main is within the City's"Downtown Core" and
therefore ROW work is only allowed between April 1 and May 31. These windows will be taken
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into consideration when advising COA of a construction phasing plan over the next several
years.
PROJECT INITIATION
1. Kick-Off: During the project initiation phase a meeting will be set with the COA, led by EN's
Project Manager, to review project scope, goals and objectives, constraints, budgets,
schedules, code issues, and relevant standards & protocol. The goal of this kick-off meeting
will be:
• Define team members roles and responsibilities
• Define key design parameters
• Obtain any additional or relevant existing project information
• Refine project scope
• Refine project schedule based on requirements of the COA
• Define any project concerns or issues
• Field visit any areas of concern within the scope of this project
• Discuss design recommendations
• Schedule monthly project progress meeting conference call
The COA to provide:
• Construction methodologies on previous projects
• Standard drawings that display the COA's design preferences
• Any material specifications for the anticipated equipment (to be modified by
EN with project specific requirements).
• Any further documentation outlining the COA's community development and
engineering review processes.
During this phase, EN's team will become intimately familiar with the COA's community
development and engineering review processes in order to successfully and efficiently execute
the project. Additionally, EN has already obtained a copy of COA's Electrical Design Standards
in advance of this proposal submission.
LAND USE & SURVEY PHASE
1. Research: A master data base of all direct and indirect property owners in a
deliverable/abstractive spreadsheet format will be created. The abstract will contain, but
is not limited to: Parcel No.; Street Address; Abbreviated Legal Descriptions; Property
Owner of Record (up to two individual listings); Property Owner Mailing address; Direct
Contact/Representative; Contact Information, including primary phone and email
addresses (to the extent available).
2. Site Survey: Provide a topographic survey for a 25 ft wide corridor that covers 7200 ft to
be used in EN's design plans and meet all permitting requirements. This work includes:
• Elevation points every 50'-75' (or as needed per significant grade changes)
• Utilities/structures/buildings/poles/fences/trees located within survey
corridors.
• Locate and identify the COA's existing electric infrastructure
• Perform utility survey for all utilities located within survey corridor.
• Identify all gravel, asphalt, and concrete roadways, edges of roadways, and
roadway centerlines.
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• Identify all edges of Highways, and roadway centerlines for all Interstates
within survey corridors.
• Locate all trees within the survey corridor
• Identify all waterway edges, centerlines, and determine depth of water(if this
can be done safely)
• Locate and identify existing permanent and temporary structures
(utilities/poles/fences/boxes/retaining walls) located within survey corridors.
• Identify public right-of-way, platted easements, and utility easement of record.
o Will provide mapping of affected property owners shape files and
Exhibits with salient property information.
• SUE Level B underground utility locates including engineered stamped plans
certifying to Level B locate quality.
o Underground utility locates will be marked in the field.
o • SEH will locate surface makings of underground utilities and make
these locations a part of the topographic survey.
o • Engineered stamped plans certifying to Level B locate quality will be
provided to the Client
o •All sewer will be Quality Level C od D.
• SUE Level C underground utility locates have been provided as an alternative
option
o Utility maps will be acquired
o Surface utilities will be located in the field
o Based on the above information, underground utility locations will be
placed in a CAD file on a best fit case
• Boundary Survey and Mapping
o SEH will provide the research required and work with the right-of-way
agent to establish existing road right of way and parcel lines adjacent
to the above-described topographic survey area. SEH will use this
research to locate all appropriate land and parcel corners that may
exist in the field. The final mapping will be based on the research and
the location of found corners.
• Final Base Maps& Deliverables
o SEH will provide AutoCAD Civil 3D 2020 drawings. Drawings will
include topographic survey data collected, boundary survey
information.
3. Easement Preparation: Perform the necessary research and prepare easement
documents as required (10 included in estimate).
• Prepare legal description and exhibits (illustrations) of all areas that require
new easement acquisitions.
• Utilizing forms provided by COA, will format and prepare easement
documents based on the most recent conveying document of record.
o Provide individual packages to COA, for dispersal of the same.
• COA will be responsible for all legal review of the documents.
o COA will provide Legal Counsel.
• Supervise the public recording of documents
DESIGN & PERMITTING PHASE
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1. 30% Submittal: The 30% submittal will serve as the preliminary plan set and provide a
framework for discussion of the planned route as well as the output from the site survey.
Upon submittal, EN will schedule a meeting with the COA to address any stakeholder
comments.
Deliverables:
1. Plan drawings showing feeder route centerline with easements, ROW, other
boundaries and existing utilities identified.
2. Modified one-lines.
3. Identification of known utility conflicts.
4. Identification of known and required local permits for the route.
2. 60% Submittal: At the 60% submittal stage, EN's intent is always to provide the most
complete design package possible given all available information at this stage. Our goal
is to provide a framework to refine all of the minor tweaks, issues and comments that
come up so that the 90% submittal can be a preview of the final product. Upon submittal,
EN will schedule a meeting with the COA to address any stakeholder comments.
Deliverables:
1. Plan drawings incorporating comments from 30% review meeting and ownership
information. Profiles will be included as required using elevations from the
topographic survey.
2. Modified one-lines.
3. Pull calculations for conduit design.
4. Material list including any major equipment, manholes and conduit/cable.
5. Engineer's estimate.
6. Ownership list.
7. Special details as required (EN's assumption is that COA standards can be used
in many circumstances).
8. Plan notes and any special conditions.
3. 90% Submittal: At the 90% submittal stage the design should be finalized for
distribution to stakeholders as required for any comments. Upon submittal, EN will
schedule a meeting with the COA to address any stakeholder comments.
Deliverables:
1. Plan and profile (as required) drawings incorporating comments from 60% review
meeting.
2. Modified one-lines.
3. Pull calculations for conduit design.
4. Final material list including any major equipment, manholes and conduit/cable.
5. Engineer's estimate.
6. Ownership list.
7. Special details as required (EN's assumption is that COA standards can be used
in many circumstances).
8. Plan notes and any special conditions.
9. Equipment specifications.
10. Landscaping plans
11. Erosion Sediment Control (ESC) Plan
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o Cover sheet with general notes;
o Site plan showing limit of disturbance, location of silt fence, locations of
feeder abandonment, installation of new feeders, tie in of new feeders to
existing feeders, tie in of new feeders to switches, and locations of new
switches;
o ESC notes, sequence of operations, growing and non-growing season
stabilization specifications, and;
o ESC details including but not limited to construction entrance, silt fence,
rip-rap apron, and inlet protection with filter fabric.
12. Fugitive Dust Control Plan to include:
o Cutting/removal of pavement, excavation, soil staging, stockpiling,
loading, and unloading;
o Backfilling, compaction, pavement restoration, street sweeping, and dust
control;
o Truck covers;
o Dust control (water) on unpaved surfaces;
o Reduced vehicle speed;
o Deposit of soil/mud on streets;
o Daily monitoring; and,
o Fugitive Dust Control Reporting.
13. Stormwater Protection Plan.
14. Permitting documentation
4. Final Submittal: The final submittal will include all elements from the 90% submittal with
any required updates from stakeholders as well as a final material list and permitting
information.
Quality Assurance
As an organization, EN has invested in the tools, methodologies, and instituted proven
processes honed from delivering thousands of prior like-projects to ensure a consistent and
documented approach to every new project we undertake. Our employees are supported by an
infrastructure consisting of proven processes, methodologies and communication standards to
support all their efforts. We implement strict quality control procedures and we focus on risk
management mitigation strategies, and ensure multi-pronged communications are implemented
across internal and external stakeholders to drive proven success rates across the projects we
undertake. EN develops and maintains a Quality Management System that is specific to the
services and deliverables provided by our organization. EN received the ISO 9001:2008
certification for our Quality Management System standard in 2008 and we are currently an ISO
9001:2015 certified company. It is important to understand that while we adhere to the ISO
9001:2015 standard requirements, everything that we do is part of our Quality Management
System. Quality performance is one of the cornerstones of our company culture and is
considered a personal responsibility of all employees. To maintain quality performance of all
business units at the highest level, the following aims are pursued:
• To fulfill or exceed Customer needs and expectations by delivering a quality product in a
consistent and timely manner;
• To cultivate and maintain the commitment to continual improvement and communicate our
goals and objectives to every employee;
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• To promote a working environment where training and tools are provided for all work to
proceed in a safe and efficient fashion;
• To furnish a system of policies which are periodically reviewed to ensure the ability of all
groups to perform their work effectively.
EN Engineering will follow our ISO process for project reviews and all project deliverables will
be transmitted via a secured site. Every project will have three EN Required Quality Reviews.
1) Formatting Quality Review(FQR) which is a detailed review of drafting and formatting
and templates and client standards
2) Engineering Quality Review (EQR)where the intent is to ensure project requirements
have been met
3) Inter-Disciplinary Review which includes a cross-unit review and tries to identify
inconsistencies between package components
In addition, EN has standardized the tracking of quality reviews; this ensures that all review
information is quickly accessible, retrievable and complete. EN's strict QA/QC process ensures
a finished work product that will meet COA's standards. However, in the situation where errors
or omissions in the materials developed by EN as part of this Project are identified by EN or
COA, the engineering team will work diligently to ensure the matter is corrected in a timely
fashion and to the quality that meets COA's needs. The communication plan set in place by
EN's project manager and COA will be put in place to ensure timely communication and to
ensure that we meet or exceed the standards and expectations set in place by COA.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Agreement Professional Services Page 12
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COST PROPOSAL
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Project Fee
This proposal is provided on a Not-To-Exceed Lump Sum basis for the engineering services
outlined in the scope of work above. Where possible, EN will provide value engineering in order
to provide the most cost-effective solution for the project.
Total NTE Lump Sum (SUE Level B Survey): $182,480
Responsible Task Objectives Est.Cost Est.Hours
Description
Survey Control,
Survey (Level Topographical Survey, Utility
B— Locates/Traffic control /
SEH Engineered Permit Support, Boundary $ 69,268 NA
stamped Surrey Mapping, Final Base
plans) Maps, Easement Legal
Descriptions 10 included
LoneTree Research, Title, Easement
Land Rights Preparation, Permitting $ 33,934 NA
Energy Support
Civil/ Develop plans & drafting: $ 16,598 213
Environmental E&SC, SWPP, FDCP
Plan Drawings, modified
30% One-Lines, identification of
Deliverable known utility conflicts, $ 15,327 170
identification of known
permits
Plan drawings modified One-
EN Lines, material list, probable
EN cost estimate, ownership list, $ 26,838 305
Engineering Deliverable special details as required,
plan notes. pull calcs
Plan drawings, modified
One-Lines, material list,
90 ova probable cost estimate,
Deliverable ownership list, special details $ 11,269 129
as required, plan notes, pull
calcs, equipment specs,
landscaping lans
Issued for All 90% elements+ updated $ 6,378 70
Construction according to comments
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ALL Contingency Contingency $ 2,868 17
Additional Pricing:
Additional Easement Packages (in excess of 10)
$1,040/ Parcel
Daily Potholing Rate (potholing, permitting, traffic
control) $4 550/ Da
Post Pothole Survey
$1,750/ Da
Alternative Pricing:
EN would like to offer the COA an alternative pricing option which substitutes the Quality Level
B survey for a Quality Level C survey. All else remains the same.
Responsible Task Objectives Est.Cost Est. Hours
Description
Survey Control,
Topographical Survey, Utility
Survey (Level Locates/Traffic control/
SEH C) Permit Assistance, Boundary $ 48,307 NA
Survey Mapping, Final Base
Maps, Easement Legal
Descriptions 10 included
Total NTE Lump Sum (SUE Level C Survey): $161,519
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Assumptions & Clarifications
1. EN will be utilizing two subcontractors to complete this work.
2. EN will not be responsible for submitting permits but will be assisting the COA in
preparing permit documentation.
3. There will be a total of four submittals (30%, 60%, 90% and Final) with three interim
reviews (not including progress update meetings).
4. EN's responsibilities under this contract will be complete after the final submittal
package. If EN's assistance is required during future construction phases, a separate
contract will be required, or EN is amenable to amending this contract to include
Construction Support on a T&M basis.
5. All communications with stakeholders other than the COA electric utility staff will be
through the COA staff. EN has not estimated holding public meetings or presentations
to other stakeholders. Comments from other stakeholders will be provided to EN
through the COA staff.
6. All meetings except for the initial kick-off meeting will be over phone/web conference
(progress meetings and 30%, 60%, 90% review meetings).
7. Pricing includes (10) Easement legal descriptions and packages
8. Right of entry and access to the sites will be provided by the client.
9. Work will occur in 2021 when there is little or no snow on the ground.
10. Our proposal does not include individual mailings to property owners, nor community
outreach (i.e. newspaper, radio, websites, etc.,).
11. Our proposal does not include the circulation of the easements, discussion or
negotiations with landowners, and/or legal issues resulting from the easement request.
a. The COA will be responsible for all legal review of the documents and will
provide Legal Counsel.
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