HomeMy WebLinkAboutresolution.council.072-23RESOLUTION #072
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND Phil Vaughan Construction Management, Inc. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract,
between the City of Aspen and Phil Vaughan Construction Management, Inc., a
true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
Hallam and Garmisch Stormpipe and Watermain Replacement Project
Construction Inspection Services, between the City of Aspen and Phil Vaughan
Construction Management, Inc. a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25t' day of April 2023.
xqmrmw�
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
of the City of Aspen, Colorado, at a meeting held, May 91h 2023.
c
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2023- 169 .
AGREEMENT made this 25 day of April, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Phil Vaughn Construction Management, Inc
c/o Phil Vaughan - President
1038 County Road 323
Rifle, CO 81650
Phone: 970-625-5350
For the Following Project:
Contract Amount:
Total: $61,861.00
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: May 2023
Resolution No.: 2023-072
2023-169 Construction Inspection Services - Garmisch and Hallam Stormpipe and Watermain
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
October 31, 2023. 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 Profcssional 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. Professional may charge the
City an additional service charge of 1.5 percent per month of the amount unpaid and undisputed or
the maximum percentage allowed by law, whichever is less, if not paid within thirty (30) days after
date of invoice receipt by the City.
4. Non-Assignabili . 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 Profcssional, 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. If the City fails to
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make payments to the Professional of undisputed amount properly due in accordance with this
Agreement, the Professional may provide written notice of such failure. If the City fails to make
payment within (14) days of receipt of such notice, such failure shall be considered substantial
nonperformance and cause for termination or, at the Professional's option, cause for suspension of
performance of services under this Agreement. If the Professional elects to suspend services, the
Professional shall give an additional seven days' written notice to the City before suspending services.
In the event of suspension of services, the Professional shall have no liability to the City for delay for
damage caused to the City because of such suspension of services. Before resuming services, the
Professional shall be paid all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Supplier's services. The Professional's fees for the remaining
services and the time schedules shall be equitably adjusted.
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. lndemnitication. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands; on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
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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.
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) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) 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 include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1, 000, 000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
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(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
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.
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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 tern, 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 A ement by Cqy. 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 gesolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited — CRS 8-17.5-101 & 24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a "worker without
authorization" which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires 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.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
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3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional
not involving the delivery of a specific end product other than reports that are merely incidental
to the required performance.
5. "Worker without authorization" means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Professional certifies and represents that at this time:
1. Professional shall confirm the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services; and
2. Professional has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Professional shall not use the either the e-verify program or the department program
procedures to undertake pre -employment screening of job applicants while the Public Contract
for Services is being performed.
If Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
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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.
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 Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional's violation of Subsection 8-17.5-102, C.R.S.
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.
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.
17. Warranties Against Contin of 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.
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18. Fund Availabili . Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
21. 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.
22. Tliird 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
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because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attorna'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.
24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment Suspension. Ineligibility,Inerigibility, 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.
26. Inte ration 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.
27. 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.
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
7"4C.QWRADO:
lAtn t, F6S{t r
[Signature]
By:
Diane Foster
[Name]
Title: Assistant City Manager
Date: _ 5/10/2023 1 4: 39:33 PM MDT
PROFESSIONAL:
P��p !°J• Uou�a�.
- [Signature]
By: Philip B. Vaughan
[Name]
Title: President
Date: 4/28/2023 1 12:19:49 PM MDT
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Approve as to Form:
OacuBioned by:
t.s K. ` hp,
City Mweybu
4
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasinq I Aspen, CO
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
3.1 Information to be Provided by City of Aspen
To assist in meeting the construction inspection objectives, the City of Aspen will provide the bid -ready
project manual and drawings for the project. Final construction Contract Documents will be provided to the
awarded Offeror once documents are fully conformed. The proposed construction schedule will be provided
for reference when available.
3.2 Scope Required by Selected Offeror
The scope of services set forth in this Request for Proposals represents an outline of the services for which the
City anticipates the successful offeror to perform and is presented primarily for purposes of allowing the City to
compare proposals. The precise scope of services to be incorporated into the Professional Services Agreement
shall be negotiated between the City and the successful offeror. The scope provided is not intended to be
complete. Offeror should, based on their expertise, consider additional tasks that may be required to complete
the project, identify those areas recommended for revision and why.
A. Propose Construction Inspection Services
Refer to the inspection services requested under Section 3.3 for "Project Inspector", below.
3.3 Construction Inspection Responsibilities
The responsibilities for each of the roles identified have been established to ensure that the project is
constructed in conformance with the construction contract and that all required documentation, testing, etc. is
completed to comply with the contract and funding sources. Based on the project needs, these responsibilities
may be shifted or shared among team members.
Project Manager (not included in the scope of this RFP): The City's assigned Project Manager
for the construction project (Hallam Garmisch Storm and Water Replacement Project).
o The Project Manager will be the City's administrative point of contact for the construction
contract.
o The Project Manager will manage communications with private property owners, as
necessary.
o The Project Manager will review applications for payment after Project Engineer and
Inspector's recommendation. Approve and coordinate payments with City's accounts
payable.
o The Project Manager will verify internal funding.
o The Project Manager will be the decision maker, after consultation with Project Engineer,
on change order requests (CORs).
Construction Administration - Project Engineer (not included in the scope of this RFP): The
Project Engineer will be expected to perform the following duties for construction administration
(CA) services:
o Attend the in -person pre -construction meeting with the City and Contractor(s). Coordinate
and direct the pre -construction meeting, including drafting agenda and minutes.
o Review and respond to Contractor's requests for information (RFIs) during construction.
o Review Contractor's payment applications and CORs. Prepare change orders, as
necessary, for Owner and Contractor signatures.
o Review, approve and distribute Contractor's submittals, as necessary. Maintain
administrative files and documentation for submittal, RFI, and COR tracking.
o Participate in weekly construction meetings to maintain project schedule and address
issues as they arise.
o Assist with start-up and testing to demonstrate the system meets the functional, technical
and process design criteria in the Contract Documents.
o Substantial Completion walkthrough & Punchlist generation, in coordination with the
Project Inspector.
Agreement Professional Services Page 11
DocuSign Envelope ID: 7B39ED5F-5676-4DB3-A83C-9CC23582E902
o Assistance with project closeout
o Final Completion walkthrough.
o Coordinate as -built project documents to City.
Construction Inspection - Project Inspector: The Project Inspector will be expected to provide
the following services:
o Provide part-time inspection for the duration of the project. The inspector shall be on site
for observation of the construction work, particularly for the following portions of work:
■ Storm and water pipeline replacement.
■ Excavation, installation, and backfill.
• Watermain distribution line testing
o Serve as the field/construction point of contact.
o Participate in weekly construction meetings to maintain project schedule and address
issues as they arise.
o Independently monitor and inspect the progress and construction methods to ensure the
project is meeting contractual requirements. Provide field checks of the materials being
used and quality of workmanship, calculate the quantities of materials installed, review
contractor payment applications and review any deviations from the Contract Documents
or existing conditions.
o Provide comments, verification of quantities and/or estimates of percent completion of work
to Project Engineer for Project Engineer's use in recommendation for payment.
o Maintain daily inspection reports, which record the work in progress, pay quantities, labor
and equipment employed, site conditions, weather, visitors, accidents, plan revisions, and
other information affecting the work performed.
o Monitor work zone traffic control.
o Provide daily and regular correspondence with the Contractor's designated point of
contact.
o Regularly update the Project Engineer and Project Manager by phone, email, or meeting,
as necessary to keep the City informed of progress or issues on the project.
o Communicate and resolve field problems with contractors, Project Engineer, Project
Manager, utility companies, and affected parties.
■ Field issues related to the construction project's Contract Time and/or Contract
Price shall require immediate communication with the City's Project Manager and
with the Project Engineer.
• Field issues related to the construction project's communication and/or
coordination with private property owners and/or other affected parties (i.e.,
Yellowbrick School, Red Brick Center, Roaring Fork Transportation Authority
(RFTA), neighboring houses, etc.) shall require immediate communication with the
City's Project Manager.
o Develop punch list in coordination with the Project Engineer.
o Check forms prior to all concrete pours.
o Inspect asphalt placement for compliance to specs.
Agreement Professional Services Page 12
DocuSign Envelope ID: 7B39ED5F-5676-4DB3-A83C-9CC23582E902
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Construction Inspection Services
4 days per week x 13 weeks
52 days
11.5 hours per day x 52 days=
7.5 hours per day on -site and 4 hours
Round-trip travel time from PVCM]
office to jobsite
Mileage
52 trips x 145 miles=
Cophs
Fee Schedule
598 hours 595.00 hr. $56,810,0O
7,540 miles $0.65fmile $4,901.00
As per fee schedule $150.00
Total Bad in Numbers: $61,861.()Q
Total Bid in Words: Sixty-one thousand eight hundred sixt y-optc and Q 1 QQ dollars
1 acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized officer: p 'li B- Vaughan ,Title: President
Full name signature. -
Company address: *Mg C unty Road 323 Ride M- IiIfiSO
Telephone number: 970-625-5350
Email: philfpvcmi.cam
Attested by: fr
Denise_Vau 1�- 'ice -President
Agreement Professional Services Page 13
DocuSign Envelope ID: 7B39ED5F-5676-4DB3-A83C-9CC23582E902
Phil Vaughan Construction Management, Inc.
Fee Schedule 2023
City of Aspen -Construction inspection Services-
Garmisch and Hallam Stormpipe and Watermain
Replacement. Project #2023-169
Construction Services
Plan Review
Design and Estimation
Meetings/Discussions
Construction Management/
Scheduling
Travel
Out-of-pocket expenses
Miscellaneous Charges
Photocopies 8.5x'I 1
Photocopies 8.5x'11-color
Photocopies 11 x'17
Color 11 x17
Blackline/Blueline Prints
Mylar Sepias
Presentation Binding
Color Plots- D size
D size scans
8.5x'11 scans
Flash Drives- 8GB
$95.00/hour
$95.00/hour
$95.00,/hour
$95.00/hour
$95.00/hour + .65 mile
Cost of expense plus 15%
$0.30,/each
$0.75.1each
$0.40.1each
$1.25/each
$3.00;'each 24"x36"
$24.O0/each
Cost of expense plus 15%
$22.00/each
$2.50/each
$0.35/each
$43.00/each
Agreement Professional Services Page 14