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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 DocuSign Envelope ID: BAF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D 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 Agreement Professional Services Page 0 DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D 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. Agreement Professional Services Pagc 1 DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D 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 Agreement Professional Services Page 2 DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D 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 Agreement Professional Services Page 3 DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-648B-35B4COFOE37D 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 Agreement Professional Services Page 4 DocuSign Envelope ID: 8AF5CEOA-2BFO-4A01-B48B-35B4COFOE37D 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: Agreement Professional Services Page 5 DocuSign Envelope ID: 8AF5CEOA-2BFO-4A01-B48B-35B4COFOE37D 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. Agreement Professional Services Page 6 DocuSign Envelope ID: 8AF5CEOA-2BFO-4A01-B486-35B4COFOE37D 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. Agreement Professional Services Page 7 DocuSign Envelope ID: 8AF5CEOA-2BFO-4A01-B48B-35B4COFOE37D 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. Agreement Professional Services Page 8 DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D 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. Agreement Professional Services Page 9 DocuSign Envelope ID: 8AF5CEOA-2BFO-4AO1-B48B-35B4COFOE37D 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 Agreement Professional Services Page 10 DocuSign Envelope ID: 8AF5CEOA 2BFO-4AO1-B48B-35B4COFOE37D EXHIBIT A: SCOPE OF WORK .k • �r Sh{+2 �lr5t8R1is0 rr:arcnrT 4MKR'A$5 'ter 6`c CASteQL'!C ROAMM, Aid) arors+u.cr, 1 —T — — — — pftr-F: T :kTr:lta 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 z+N.Ink okwwoa%t e � P�epxl NNwj.m.n t