HomeMy WebLinkAboutresolution.council.113-23RESOLUTION #113
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF
ASPEN AND OTAK. 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 change order to
the original contract for Maroon Creek Multi Use Trail — Phase 2 between the City
of Aspen and Otak, 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 a change order
to the original contract for Maroon Creek Multi -Use Trail — Phase 2, between the
City of Aspen and Otak, 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 8' day of August 2023.
_17��:.r r.
Torre,•
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, August 8t' , 2023.
Nicole Hen ing, City Clerk
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DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661EB7378EF
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CITY OFASPEN
General Information
Change Order Form Revision 12/08/2021
Change Order Form
Vendor Otak
Change Order Number 02
Date of Issuance June 28th, 2023
Project Name Maroon Creek Multi Use Trail
Project Number 2022-300
Project Completion Date Fall 2024
Project Manager John Spiess
COA Account Code 100.572.81200.57210.50964
Project Information
Description Of Service Otak has been producing construction drawings for the Maroon
Creek Multi Use Trail. This work includes the delivery of 30%,
90% and ultimately 100% drawings.
Description Of Change This change order captures several important changes to the
Order project that happened after the approval of the Phase 2
contract.
1. CMGC coordination meeting attendance following Gould
construction joining the team
2. Utility Potholing oversight- Potholing was not originally
included in project
3. Segment B and D redesign following initial guaranteed
maximum price. This effort will help to reduce total
project cost
4. Redesign of retaining walls based on material availability.
Contract Information
Paae 1 of 2
DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661EB737BEF
Original Contract Amount
Previous Change Order(s)
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount
(Including All Change
Orders)
Revised Completion Date
Signature
1.
Contractor (Required)
2.
Project Manager
(Required)
3.
Department Head
(Required)
4.
Procurement Officer
(Required)
5.
City Attorney (Required
Based On Value Of
Thresholds)
6.
City Manager (Required
Based On Value Of
Thresholds)
$ 320, 250.00
$ 15,220.00
$ 43,840.00
$ 379,310.00
Fall 2024
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Change Order Form Revision 12/08/2021
7/21/2023 1 2:51:50 PM MDT
7/21/2023 1 2:18:26 PM PDT
7/23/2023 1 8:07:29 AM MD1
7/21/2023 1 3:14:50 PM MD1
Original contract, If applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy "Change Orders And Add Services
Request" (page 30).
2of2
DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661 EB737BEF
Otak
June 28, 2023
John Spiess
Open Space and Natural Resource Manager
Parks and Open Space
City of Aspen
(via email: john.spiess@aspen.gov)
Re: Amendment #2 — Additional Fee Proposal for CMGC Meetings, Utility Potholing Oversight,
Segment B Cross -Section Alternatives, Segment D Trail Re -Design, Wall Re -Design for Redi-Rock
Walls
Dear John,
Per previous discussions, below is a summary of work completed or scheduled to be completed that was
not included in our original scope of work for the final design of the Maroon Creek Trail Project.
Summary of Work Items and Fees Beyond Original Estimate
CMGC Coordination
Otak originally estimated $2,700 for 6 meetings with the City of Aspen (City) project team and did not
estimate any fee for responding to contractor questions and comments. The Otak team has attended
weekly meetings with City Staff and Construction Manager General Contractor (CMGC) representatives.
The requested amount includes 15 meetings which have already occurred or are already scheduled
between April 41h. 2023 thru August 81h, 2023. This fee also includes time for responding to questions and
comments generated by the CMGC team after the 90% plan submittal.
Otak Requested Fee Adjustment: $ 13,562.00
Utility Potholing Oversight
At the request of the City, Otak provided designer representation for supervision of the utility potholing
operation performed by the CMGC and their subconsultant. Fee includes 3 days of on -site supervision,
documentation time, and necessary travel expenses.
Otak Requested Fee Adjustment: $6,492.00
Segment B Cross -Section Alternatives
Otak provided multiple slope treatment options for the Segment B cross-section including a curbed trail
with slope paving, a cobble stabilized slope, and a thickened edge option. The process included
modeling multiple cross -sections, discussions regarding the alternatives, development of multiple
exhibits.
Otak Requested Fee Adjustment: $5,410.00
Segment D Trail Re -Design
The City has directed Otak to redesign approximately 700' of trail from a cross-section with a thickened
edge slope treatment on the right side of the trail to a cross-section with a short boulder fill wall slope
treatment. The CMGC proposed unit cost of the thickened edge with railing is such that using a short
boulder wall is likely to bring significant cost savings. Furthermore, the city recognizes that the fill wall
alternative will provide a more natural corridor aesthetic and a more open trail experience. The trail will
be re -designed from a 11.5' concrete trail to a 10' wide asphalt trail in line with City standards. It is
371 Centennial Parkway, Suite 210 1 Louisville, CO 80027 1 Phone 303.444.2073 1 otak.com
DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661EB7378EF
Maroon Creek Multi -Use Trail
Amendment - Additional Design Services
Page 2 of 3
June 28, 2023
anticipated the right side of the trail cross section (looking up -station) will consist of a T wide shoulder, 3'
of 3:1 slope, a 2'-4' retaining wall and a 3:1 (max) slope tying into existing grade. The estimated fee
assumes no significant impacts to utilities or the 90% proposed drainage design as a result of the cross-
section change.
Otak Requested Fee Adjustment: $9,702.00
Re -Design to Incorporate Red! -Rock Retaining Walls
This fee has been included to account for an anticipated direction from the City to change the proposed
retaining walls to Redi-Rock. Otak will not be performing engineering analysis on the Redi-Rock walls,
but will provide the necessary alignment and profile data for the design the wall design to be performed
by a third party. Otak will perform the necessary plan updates and will incorporate any construction
details into the plans as necessary for the construction of the walls.
Otak Requested Fee Adjustment: $5,894.00
Project Management
This fee accounts for time and effort associated with developing the fee amendment and processing the
contract changes.
Otak Requested Fee Adjustment: $2,780.00
Total Requested Design Fee Adjustment = $43,840.00
Summary of Fees Requested for Amendment #2
1 Project Management
$ 2,780.00
$
- $
- $
2,780.00
2 CMGC Coordination
$ 13,562.00
$
- $
- $
13,562.00
3 Utility Potholing Oversight
$ 5,542.00
$
- $
950.00 $
6,492.00
4 Segment B Cross Section Alternatives
$ 5,410.00
$
- $
- $
5,410.00
5 Segment D Trail Re -Design
$ 9,702.00
$
- $
- $
9,702.00
6 Redi-Rock Wall
$ 5,894.00
$
$
- $
5,894.00
Total
$ 42 890.00
$
- $
95D 0 $
43,840.00
Otak understands that this request for additional fees puts strain on the project budget, however, we feel
that the overall design fee is reasonable for the actual design performed. Below is a breakdown of our
original design fee estimate and revised fee estimate, each as a percentage of the 90% estimated
construction cost. As a percentage of the estimated construction cost, the revised design fee is in line
with industry standards.
_02i"W Fee as a Percentage of Construction Cosim"m
90% Construction Cost from CMGC (Excluding Contingencies) $5.557.023.40 % of Construction
Original Design Fee $ 320,250.00 6%
Revised Design Fee $ 379,310.00 7%
Below is a summary of our overall contract including the original contract amount and Amendments #1
and #2. We respectfully request that the City consider this proposal for additional design services to bring
our total budget in line with the work performed to date and the anticipated remaining work.
371 Centennial Parkway, Suite 210 1 Louisville, CO 80027 1 Phone 303.444.2073 1 otak.com
DocuSign Envelope ID: F378C095-CDF7-4BOC-8096-C661EB737BEF
Maroon Creek Multi -Use Trail
Amendment - Additional Design Services
Contract Budget Summary
miltelq
Original. Design Fee
1 $
320,250.00
Amendment #1 (Lighting Scope Change)
$
15,220.00
Amendment #2 (Otak Misc.)
$
43,840.00
Revised Design Fee
$
379,310.00
Page 3 of 3
June 28, 2023
Otak appreciates the opportunity to continue working on this important multi -use trail project for the City of
Aspen. Should you have any questions about the proposed scope and estimated fee associated with this
contract amendment, please do not hesitate to reach out to me at kevin,daole otak.cam or at (720)
758-7721.
Respectfully submitted,
Otak, Inc.
Kevin Dooley, PE ENV SP
Project Manager
720.758.7721
371 Centennial Parkway, Suite 210 1 Louisville, CO 80027 1 Phone 303.444.2073 1 otak.com
DocuSign Envelope ID: F378C095-CDF7-4B0C-8096-C661 EB7378EF
Maroon Creek Multi -Use Trail - Phase 2
Amendment #2
Otak
project Cost Worksheet
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Rates:
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$ 260
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Review A/tematives in C3D Model
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Updaft Quantities
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,Ineorobrate Red! -Rock Details
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ASE TOTALS
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Segment B Cross Section Altematives
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Se ment D Trail Re -Design
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4
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$ s,s94
$ f
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ASSUMPTIONSAND EXCLUSIONS
A
Does not include Construcllon su ort
H
Roes n0i include ermincerina of Redi•Rock wall.
C I I
Roes not include additional ulAN coordination
MCT- Scope Change - Fee - 2023-06-28 Page 1 of 1 6/28/2023
DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661EB7378EF
Change Order Form Revision 12/08/2021
I Change Order Form
CITY OF ASPEN
General Information
Vendor
Change Order Number
Date of Issuance
OTAK — Clanton and Associates
1
March 13cn
Project Name Maroon Creek Road Trail
Project Number 2022-300
Project Completion Date Fall 2024
Project Manager John Spiess
COA Account Code ' 100,572.81200.57210.50964
Project Information
Description Of Service
Description Of Change
Order
Contract Information
Original Contract Amount
Previous Change Order(s)
Lighting consultation and design for the Maroon Creek Multi -Use
Trail. The lighting associated with this project is clustered around
the ARC bus stops and Campus bridge.
1 The change order will Include a new lighting plan for the existing
ARC campus bridge. The original scope of the project did not
Include this bridge, but further analysis indicate that this
infrastructure is in need of an immediate upgrade and
replacement. Including this lighting design in the project will
ensure that the lighting scheme Is homogeneous at this crucial
Intersection of trails, roads, and facilities.
$ 320,250.00
Page 1 of 2
DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661EB7378EF
Change Order Form Revision 12/08/2021
Change Order Amount $ 15,220
(If over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount $ 335,470.00
(including All Change
Orders)
Revised Completion Date Fall 2024
Signature
1. Contractor (Required) "�` fi. �ry
2. Project Manager
(Required)
3, Department Head
(Required) .``•��—--�-�
14. Procurement Officer Ea—�Mror 4/3/2023 I 10:53:00 AM
(Required) -I 5. City Attorney (Required
o-it's X. . N
Based On Value Of 134ers � .� 4/3/2023 1 11:31:46 AM
Thresholds) 12FOMOAMWO
6, City Manager (Required
Based On Value Of
Thresholds)
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy "Change Orders And Add Services
Request" (page 30).
Page 2 of 2
DocuSign Envelope ID: F378CO95-CDF7-4BOC-8096-C661 EB7378EF
RESOLUTION #110
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND OTAK. 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
Maroon Creek Multi Use Trail — Phase 2 between the City of Aspen and OTAK, 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.
the Maroon Creek Multi -Use Trail — Phase 2, between the City of Aspen and
OTAK, 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 271h day of September 2022.
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, September 27", 2022.
Nicole Henning, City Clerk
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ME
'illp
CITY OF ASPEN STANDARD FORM OF AGREEMENT CITYOFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.:
zozz-3oo
AGREEMENT made this 9th day of September, in the year 2022.
BETWEEN the City:
The City of Aspen
c/o John Spiess
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 618-6935
And the Professional:
Otak
c/o Scott Aelonger
:371 Centennial Parkway, Suite 210
Louisville, CO 80027
Phone:720 758 7717
S'cott.belonger@otak.com
For the Following Project:
Maroon Creek Multi Use Trail — Phase 2
Contract Amount:
Total: $320,250
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: September 271h, 2022
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.
Resolution No.: 2022-110
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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
,Nel av 1 ". 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. Pa ment. 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.
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
Agreement Professional Services Page 1
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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 tlle 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 TIIREE
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
certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
rcquired coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
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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
performancc by Professional of said terin, cuvcnant 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 aeement 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 rohibited — 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 Consultant 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 Consultant or a subconsultant 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, Consultant certifies and represents that at this time:
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1. Consultant 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. Consultant 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.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant 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. Consultant 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 Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant 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 Consultant 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, Consultant shall be liable for actual damages to the Owner arising
out of Consultant'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 Rally 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 Contingent Fees Gratuities. Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
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(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,
Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the passible 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 hearing 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. Attorne '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 Presum tion. 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 at lNe for ur 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, and VOILInta 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. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, Professional understands that no
City official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such ,Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
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
frill 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 A ",QWRADO:
Sara 44�
_ ZA9?Q7.1�eE=i+�2�
[Signature]
Sara ott
By:
[Name]
Title: City Manager
Date: 9/28/2022 1 10:46:21 AM PDT
Approve as to Form:
Far►,ts X Thu.
City Attorn
�SSIONAL:
CSGO-'f-i' C��r�NGE�
0354667XCeFFR�O,.
[Signature]
By: SCOTT BELONGER
[Name]
Title: Senior Project Manager
Date: 9/19/2022 1 12:26:40 PM EDT
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General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.::ityofaspen.com/497/Purchasin
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
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Otak
�� 6.
September 15, 2022
Mr. John Spiess
Open Space and Natural Resource Manager
Parks and Open Space
City of Aspen
Re: Maroon Creek Multi -Use Trail
Project Number: 2021.235
Phase 2 (Final Design) — Fee Proposal
Dear John;
As requested, our fee proposal for final design services for the Maroon Creels Multi -Use Trail is attached. Building
off our Phase 1 work, we will provide final construction documents. The attached Phase 1 Conceptual Design will
be used as the basis for this design. The design will be refined based on the newly acquired ground survey provided
by the City of Aspen / Sopris Engineering.
Key aspects of the design include the following:
• 5000 linear feet of multi -use path design divided into 4 segments
• Additional ramp connection to existing trail overpass in Segment 1
• Retaining wall (boulder or modular block) and railing design in steep locations in Segments 1 and 2
• Concrete barriers in constricted areas beneath existing overpasses in Segments 1 and 3
• Driveway and access crossings
• Structural modifications to the existing ARC overpass, west approach ramp in Segment 3
• Pedestrian access Improvements at the ARC maintenance drive intersection
• Modifications to the ARC bus stop area
• Modifications to the ARC parking lot and crossing of the ARC entrance drive
• Drainage improvements to the Moore Drive intersection and associated modifications to Maroon
Creek Road.
The details of our expected scope of work are outlined in the attached fee worksheet. Otak's assumptions
are listed at the bottom of the workshest. Design submittals will be provided at the 30%, 90% and 100%
construction document levels.
Below is our proposed schedule, based on an assumed start date of October 1, 2022. A more detailed
schedule is included in Attachment C.
Initial
Schedule
Task 1 —30% Construction Documents November 1, 2022
Task 2 — 90% Construction Documents January 24, 2023
Task 3 —100% Construction Documents February 28, 2023
Award Construction Contract April 18, 2023
ow%nn r`i ioinn October 17, 2023
371 Centennial Parkway, Suite 210, Louisville, Colorado 80027 - Phone (503) 287-6825 - otak.com
Page 1 of 2
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Otak
1L
We propose to bill this work on an hourly basis for the costs provided herein. Otak will not exceed the
proposed project total or modify our scope without prior approval in writing from the City.
Thank you for the opportunity to submit this proposal. We are pleased to partner with the City of Aspen to
develop this long-awaited project. Please feel free to contact me anytime at (720) 758-7717 or
scott.belonger@otak.com if you have questions or if you need additional information. I would be happy to
discuss this in detail If needed.
Sincerely,
Scott Belonger, P.E.
Otak, Inc.
Attachments
Attachment A: Otak Scope of Work and Fee
Attachment B: Phase 1 Conceptual Design
Attachment C: Project Schedule
Attachment D: CTL Proposal
Attachment E: Clanton Proposal
Page 2 of 2
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
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