HomeMy WebLinkAboutresolution.council.096-23RESOLUTION #096
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SGM, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
design and engineering services on the Truscott Underpass, between the City of
Aspen and SGM, 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
design and engineering services, between the City of Aspen and SGM, 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 1 Ith day of July 2023.
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, July 11, 2023.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
AGREEMENT made this 9th day of June, 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:
SGM, Inc.
c/o Ashley Cline
118 W. 6t' St, Ste 200
Glenwood Springs, CO 81601
970-945-1004
ashleyc@sgm-inc.com
For the Following Project:
Truscott Underpass Design and Engineering
x A IV
CITY OF ASPEN
City of Aspen Contract No.: 2023-132
Contract Amount:
Total: $74,378.60
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: .tune 20, 2023
Resolution No.: #096
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work
Exhibit B: Fee Schedule
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The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 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 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.
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7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain 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
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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.
(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
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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 Agmement. 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
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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 eement 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. Worker Without Authorization prohibited — CRS 8-I 7.5-101 & ' 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).
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:
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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.
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.
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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 ent 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 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.
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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 Siggatures 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. '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.
23. Attorngy'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.
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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. lne4ibility, and Voluntm 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. Inteal•atioli 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 exccutcd
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.
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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 A 4RADO:
$aka G.
[Signature]
By:
Sara G. Ott
_
[Name]
Title: city Manager
Date: 7/13/2023 1 6:58:48 AM PDT
Approve as to Form:
LD�,:uSigncw by:
` . VVd A/..
City Attorney
PROFESSIONAL:
00"UPCMU by:
_ asn Guru
tgnature]
By: ASHLEY CLINE
[Name]
Title: Project Manager
Date: 6/13/2023 1 6:56:00 PM MDT
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasing J. Aspen., CO
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EXHIBIT A: SCOPE OF WORK
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Figure 1. Truscort Underpass Pnojed Area
Section 1- project Plan
Task i - Exisnr+g Cond+trv+is S Basolmr, Inforrnafron
Geoteehnkid Investigation
RJ Engineering vrdl dntl 1 test hole near the proposed retaining wall replacement RJ Engineering
Will provide a subsurface investigation and retaining wall recommendations to include aliovrabie
soil pressure. lateral earth pressure values. and recommended minimum depths to beanng
materials- A memo will be provided to include the reiaining wall recommendations DDEX drilling
equipment will be utilized and depths of 15-20 feet should be obtained
The test hole tocation wilt depend on 'he location of existing utilities. If acceptable offsets from
existing utilities cannot be obtained outside of the pavement, then a test hole may need to be
drilled within the bus lane along Highway 82. Traffic Control has not been included in this fee
estimate but can be added later if ultimately necessary_
Subsurbee Mily Engineering Invesdgatfon
SGM will comply with the "Colorado SUE Law," through the implied ASCE standards. This will
include depicting lines on the deliverable via Quality Levels, which will convey the level of relative
nonquantitiable, uncertainty of the data. SGM will use the industry-leadiing and CDOT-preferred
ProStar PointMan mobile mapping software application to capture and record utility data with
survey -grade accuracy.
SUE Scope Area. SGM anticipates providing a baseline of existing utility information for the
project scope area from the southwest comer of the Highway 82 and Truacott PlacelPyramid
Road intersection and going approximately 400-feet northwest along the "south' side of Highway
1 18 W. a Sit, Ste 200 136n veod Springs, CO 81601 Phisrie: 970-945.1004 Fax: 970.9d5-5948
Agreement Professional Services Page 11
DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D
82. This area will be confined on the north side by Highway 82 and on the south side by the stone
pillared fence -
Test Holes. As the design progresses, a plan of proposed utility test holes will be developed and
discussed with the design team and appropriate utility owners. We will keep in mind the design
implications. traffic disruptions. homeowner impacts, and surface restoration to help inform the
proposed list of test holes. Once the plan is finalized, a hydrovac and traffic control (where
necessary in tight oongested FLOW) subcontractor will be used to complete the proposed test
holes under SGM's supervision. Vie will record the relevant information as it is done to allow, for
immediate hole restoration.
Finalizing data and DelWerables. In the final phase of the project design, we will finalize all
necessary utility coordination with the various utility owners and finalize our deliverables. Final
deliverables will include the underlying existing utility basemap used in all other design sheets,
the existing utility plans and all relevant notes and depictions from the investigation, utility test
hole information, utility specifications, Utility Conflict Matrix (CDOT-based), and Utility Owner
Clearanoe Letters (CDOT-based).
Task 2 - Underpass Improvements Design
Civil Engineering Design
An alignment will be generated from the coordinated tie in of the Truscott Trail project to the south
side of the Truscott Underpass. The trail will be designed in accordance with City of Aspen.
AASHTO and ADA standards.
Any utility relocations necessitated by the proposed trail and wall design will be coordinated. Any
City of Ashen Water, Sanitary Sewer, or Storm Sewer relocations wiq be designed by SG'M
whereas any electric, fiber. cable, or gas will be designed by the respective utility owners with
close coordination with SGM-
Sheets Generated -
• Typical Sections
• Removals Plans
• Utility Plans
• Trail Plan 8 Profiles
• Cross Sections
Structural Engineering Design
We have assumed that the structural scope of work will include one tiered retaining wall (3 tiers).
Since this project is within the COOT SH82 ROW, the structural design will be in aceordar►ce with
COOT requirements- Walls will be designed in accordance with the latest editions of the COOT
Bridge Design Manual and AASHTO LRFD Bridge Design Specifi=ions. The design
development will be coordinated with COOT Staff Bridge. Signed and stamped wall calculations
will be provided for the COOT Special Use Permit- A discussion of alternative wall types, their
respective challenges and advantages and our recommendations will be provided in a Preliminary
Design Narrative Memo-
1 18 W , G" St Ste 200 Glen-voa Springs, CO 81601 PI. ne. 470-945.1004 Fax: 474445-5448
Agreement Professional Services Page 12
DocuSign Envelope ID: 8AF5CEOA-2BFO-4A01-B48B-35B4COFOE37D
Sheets Generated -
• Wall General Information and Tabulations
• Wall Geometry
• Wall Plan 8r Profiles
• Wall Typical Sections
• Wall Detais
• Railing Details
Task 3 - Opinion of Probable Cost
SGM will generate an Engineer's Estimate of Probable cost based on our design plans. COOT
cost data and other similar SGM project bid tabulations will be used to generate an accurate
protect cost, al while aiming to reduce contingencies. Engineer's opinion of probable cost will be
developed first during the 30% design phase.
'task 4 - Project Administration
SGM will work closely with City staff to develop the framework of the project at the initial kickoff
meeting. Frorn that point forward. SGM's project manager will coordinate all phases of the work
with the Project Team and provide regular progress reports to the City. As we know From similar
projects. active project management is critical to ensuring the project remains on schedule and
Important milestones are met. Once the preliminary design begins periodic check in meetings will
be held to keep the project on track_
Deliverables
• Meeting Minutes
Monthly Progress Reports provided with Invoices
Section 2 - Project Timollne
The table below shores a tentative design schedule for this project. The schedule is based on a
Notice to Proceed date of May 22. 2023. 30% Design Phase completion will continue through the
end of 2023. This ensures that the project will remain on the sarne saedule as the EOTC Truscott
to Owl Creek Trail project.
1 18 W. 6" 51, Ste 200 Glenwvad Springs, CO 81601 Phone. 970-945.1004 For: 970945.5948
Agreement Professional Services Page 13
DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D
Task
Project Kickoff MeetingiSite visit
Timeframe
June 5, 2023
Data CollectioWField Inventories — Geotechnical, SUE
June
Preliminary Design (300%)
June -August
30% Review Meeting
August 10
t.Ilility Test Holes (aka Potholing)
August
Final Design {.90'1 �)
TBD - 2024
90% Review Meeting
TBD - 2024
For Construction Documents
TBD - 2024
Start of Construction
TBD - 2024
Agreement Professional Services Page 14
DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D
EXHIBIT B: FEE SCHEDULE
Section 3 - Budget
The overall anticipated project costs are presented below by project phase and the supporting
detailed man-hour, task and fee breakdwm is presented on the followN page. The protect cost
is based on the detailed scope of the RFP-
A summary of overall project costs is given below, and a breakdown of 5GM labor hours by task
is on the fo4Dwing page- The project is divided into four tasks- 1 j Existing Conditions & 9asehne
Information. 2; Underpass Improvements Design, 3) Opinion of Probable Cost. and 4) Propecl
Administration. The proposed method of compensation is time and materials not -to -exceed.
BreakdownCosi •
Task SGM
Task 1 -- Existing Conditions & Baseline Information
Hours
94
Total Cost
$ 29,386-50
Task 2 - underpass Improvements Design
234
$ 34,000.00
Task 3 - Opinion of Probable Cost
19
$ 3,016.00
Task 4 - Project Administration
49
$ 7,974-00
PROJECT TOTALS
396
$ 74,=.60
Assumptions ! Exclusions ! Clarifications
The following assumptions were made in the development of this fee estimate-
• Periodic project update meetings are assumed to begin once preliminary design begins.
The project manager will attend all meetings. Discipline leads will attend the meetings on
an as -needed basis. Any project stakeholders will also attend these meetings-
• A 7-month project duration has been assumed.
• Four (4) Utility Owner Meetings are assumed-
• A CDOT Structure Sefeefian Report is not included In time scope and fee of this project.
• Landscape Architecture was not included in this scope of work. It is assumed that the
City will provide their own landscape architecture.
118 W. 6' St, She 200 Glenwood Springs, CO 81601 Phone: 970.945-1004 Fax: 970-945-5948
Agreement Professional Services Page 15
DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D
SSGM PREPARED BY: A.Cane
PROJECT: TRUSGOrT UNDERPASS DATE: 51&;Wn
CLIENT" CITY OF ASPENV
SOM Howl and LAW Charges
1
PIC
1F>jinI-In-Qiwgc
We Fmdm
Prrcraa Empmmi
$206 00
1
$ 2a6jW
2
PM
Pr " cl Liamagef
Ashlky Cline
Enninecr IV
$165 00
43
$ 7,095-00
3
CE
Ci.,dD—iynEMiv&er
EAdhael MMrnisw
Engineer II
S 130 W
919
$ 12A70-OD
4
0A+OC
Cualily Assuram;L JumI4- CarAral
Dan Caklwg
Prisrcpd: Cnginecr
S224.00
8
$ 1.792-00
5
LSE
Lead SnrucL ral Ergirteer
Maniemn Frernarer
Senior En ireff E
$1AD.D0
Al
$ 7.3811-00
6
SE
Slruclww� [Wainer
Wan Cclu i
Engineer III
3131.DO
49
$ 7.399-cr.1
7
LUE
Lead Ulilhy Esrgirwm
Simi KMLon
Srrvsr Engineer 1
$180.130
15
$ 2,7000D
8
LIE
UU61Y Ents
Jy ToW
rhouleff 1
$112DO
28
$ 3.136=
9
L$UE
1Submirq=e UIIEAV Engineer
Karl Schoenbrum
PjaimOdInruggg
S152 DO
48
$ 7.296-C O
10
SUE
Sub�urlace Wily TeOiniciam
Tayim Malsrm
SUE Teclw�n
S92 00
31
$ 2,806-00
11
LFSUE
Subsurlace UHAY Emmneer IFi=Ea1
Kxi SSch enb unn
rneId Plapect Manager
S 19B.110
7
$ 1.386-OD
12
FSUE
Subsarlace UOkly TeOiniciam (FudrXl
rw)icu IJalson
SUC Fidd Te<2rnibi rl
$137 DO
23
$ 3.082.5A1
13
ME
hl•_chanral Engineer
Brun CurmnLer
Senior Engneer 11
$193.DO
0
$ -
14
EE
eeatm=1 Em i—mer
.Annber Haymn,
En ireer IV
$165 DO
D
$
15
Shr
rwyhlarager
Bob6randeberry•
Swv"Mminger
$180DO
2
$ 360-00
16
FS2
2 Peason PreW Surw-v Crew
2 Pevson Crew
Paely Chief
$222 0O
0
$
17
ST
Survey Tedir cian
Mary Winkley
Survey TecMicun EI
$12D.D0
2
$ 240A9
auD:Dca{s 3yo > �r.rac.xl
DescriptionNo, Code
1
RJE Geole0nical
RJ Englneenrg
S 8,030
2
TC Tralk CDMrol
TB:r
S 2,000=
3
MYDRO Po&ooling Company
TBO
S 6,600-co
TOTAL SU13CONSULTANT COSTS: $ 16,836A11
Task order
CostiRreakdown by Teak Order
SGIM Subconquill
Total Cost
1 F>GSTING CONDITIONS AND BASELINE
S
Labor Labor
12,758 50 S 16.630.00
S 29,388-51)
INFORMATION
2 UNDERPASS IMPROVEMENTS DESIGN
S
34,000 00 S
S 34,000 -rr0
3 OPINION OF PROBABLE COST
S
3,016.00 S
S 3,al6 f j
4 PROJECT ADMINISTRATION
$
7.97400 S
S 7,974Do
TOTAL PROJECT COSTS: $
74,378.50
Pnnloar S06-2023 Page 1 of 1 SGM uJ'OldB dial
Agreement Professional Services Page 16
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