HomeMy WebLinkAboutresolution.council.122-23RESOLUTION # 122
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND JACOBS ENGINEERING GROUP INC., AND 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
consultant services related to an investigation of the existing Castle Creek Bridge,
between the City of Aspen and Jacobs Engineering Group 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
consultant services related to an investigation of the existing Castle Creek Bridge,
between the City of Aspen and Jacobs Engineering Group, 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 22°d day of August 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, August 22, 2023.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OFASPEM
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2023-218
AGREEMENT made this 9t' day of August, 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:
Jacobs Engineering Group Inc.
c/o Douglas Stremel
717 17t' Street Suite 2750
Denver, CO 80202
720-286-3562
Dogg.stremel@iacobs.com
For the Following Project:
Contract Amount:
Total: $5419840.00
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
Ci1y Council Approval:
Date:
Resolution No.:
New Castle Creek Bridge Investigative Study with Revised Scope
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
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1. Scope of Work-. Professional shall perform in a competent and professional mannerthe 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 June
2024. 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 which shall be paid
within thirty (30) days for each approved invoice. 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-Assi and. 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 Professionai Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
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7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage,
••�7v'[Tatsoever which arise out of manneror- any in any a'i/ i neeterd M:.. this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in hele
: d iM ,A pole o in_part by; the wrongful , >
--�^ inal o,. fer, r isWEL, 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 provide defense for and defend against any
such liability, claims or demands at the sole expense of the Professional.,
itaFiy s4ic 1i bilit.• el r- de;: ands. If it is determined by the final judgement of a court of
competent jurisdiction that such injury, loss, or damage was caused in whole n_ i •'az by the aet-,
ei issie negliglence, or any 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 ftet,
negligence, 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 mirliFAuFa insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
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All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) 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 � 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 fninimwn 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 rRinimum 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 -r 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
Hiinimum limits are in full force and effect, and shall be reviewed and approved by the City
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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 ff4nimum 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.
(fl
ender-sement 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. Com leteness of A reement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as
a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term,
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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 Agreement by City. This Agreement shall be binding upon all parties hereto and
their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City
unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited —CRS 8-17.5-101 & 24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a "worker without
authorization" which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a 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 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 A ainst 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
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 �'Issiglis. 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. Attorney' s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees.
24. Waiver of Presum Lion. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
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shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment Suspension, Ineligibili1y. and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. lnte ration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
27. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF AS FNFQjL0RADO:
S ara, 1;, I
kA4;- Ga i'--
[Signature]
By: Sara G. Ott
[Name]
Title: City Manager
Date: 8/25/2023 i 4:09:43 PM PDT
Approve as to Form:
.. ❑nri�6l�}nr•�� Uy.
City Attorney
PROFESSIONAL:
[s1 I [ills]
By: Nicholas Young
[Name]
Title: Manager of Projects
Date: 08/09/23
General Conditions and Special Conditions can be found on City
of Aspen Website.
https;//"www.cityofaspen.com/49V/Purcha5ing
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Exhibit A
City of Aspen
New Castle Creek Bridge
Scope of Work - Task Order #1
The City of Aspen has requested the following scope of work be completed by consultant.
Work will be billed on a time and materials basis up to the budgeted amount of
$541,840.00. The budget may need supplemented if the budgeted amount is insufficient for
the scoped tasks or if the duration extends beyond the timeline provided. The consultant
will not exceed the budgeted amount without written approval from the City. The scope of
work with assumptions and exclusions follows.
1. Project Management
a. Provide monthly progress reports and invoicing for this task order.
b. Schedule Development/Management
i. Develop project schedule and track progress of deliverables against the
developed schedule.
ii. Project schedule for scope of work is assumed to be 10 months.
iii. ASSUMPTIONS:
1. Assumes work elements below are completed in 10 months.
c. Internal Project Controls - Establish and ensure internal project controls are being
followed;
i. Project Execution Plan
ii. Quality Control Plan
iii. Internal Project Reviews
iv. Task and action item tracking
d. Project Meetings
i. Kick-off meeting (in -person) — up to 3 Jacobs staff
ii. PM one-on-one check -in meetings
1. ASSUMPTIONS:
a. 1 person 2 hours a month
b. Phone or virtual
2. EXCLUSIONS
a. Meeting minutes not required.
iii. Small project team coordination meetings with City Staff
1. In -person and
2. Virtual
3. Consultant will develop agendas and meeting minutes
4. ASSUMPTIONS:
a. In -person
i. 2 meetings will be held at City offices.
ii. 3 people from the consultant.
b. Virtual
i. 10 meetings total.
ii. Up to 5 people from consultant.
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c. Consultant will coordinate agendas with City staff and document
meeting minutes and track action items.
d.
iv. Consultant internal coordination meetings (8 people for 1 hour a month)
V. Subconsultant (Design Workshop) internal and external coordination
e. Present information to City Council and EOTC
i. Preparation of story boarding, materials and presentations (Jacobs & Design
Workshop)
ii. Review materials with City staff and revise presentation materials as needed.
iii. Attend meeting and present materials.
iv. ASSUMPTIONS:
1. 5 Major presentations at Aspen facilities
2. Materials prepared are related to this scope of work.
3. Up to 3 Jacobs staff participating in presentations.
4. Visual aids will primarily be in the form of plan sheets at conceptual
level, 3-D sketches or PowerPoint slides used at presentations.
5. Materials to be reviewed by City Staff for comments. Comments will be
incorporated into materials.
V. EXCLUSIONS:
1. Visual simulations using CAD design modeling are not included in the
visual aids for the presentations.
2. Assessment of the Existing Castle Creek Bridge
a. Evaluate the condition of the bridge and deliver a CDOT style bridge evaluation report.
I. Perform a site visit to visually inspect the bridge and validate the condition
assessment as provided in the current CDOT Structure Inspection and
Inventory Report (09/2022) documentation and hands-on inspection by
performed by eO. Document any significant changes. Coordinate inspection
needs and timing with Engineering Operations (eO). Provide a hands-on
inspection crew to physically assess the condition of the steel girders,
fasteners and welds under the bridge. Crew will identify areas of rust, section
loss, drill arrest holes, cracking and fatigue prone deficiencies. Develop an
inspection report to document the findings. (Inspection and report performed
by eO)
ii. Develop Bridge Evaluation Report that identifies current deficiencies in the
bridge (hands-on inspection), rehabilitation recommendations, and associated
changes in sufficiency rating for the recommendations. Rehabilitation
recommendations will be annotated in plan sheets at a conceptual level.
iii. Develop schedule and cost for comparison to bridge replacement alternatives
described in Task 2b.
iv. ASSUMPTIONS:
1. A minimum two -person crew will be present for the bridge visual
inspection for safety purposes.
2. See Assumptions under Task 2b "Replacement of existing bridge" for
definitions.
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DocuSign Envelope ID: 5EF659DE-3D4E-4F35-AA9C-315156F2FD80
3. Assumes rates for Snooper truck and Hydroplatform do not escalate
above cost provided in eO fee estimate. Inspection equipment will be
determined based on access needs and availability.
v. EXCLUSIONS:
1. Bridge visual inspection by Jacobs does not include a formal bridge
inspection by certified inspectors. Visual inspection does not include
rope -access inspection for the underside of the bridge elements. Hands-
on inspection will be performed by eO.
2. Bridge load ratings are not included in the bridge evaluation report.
b. Replacement of existing bridge.
i. Provide rough estimates of process, schedule, and cost for a replacement of
the existing bridge configuration.
ii. Provide rough estimates of process, schedule, and cost for high impact low
duration replacement approach analysis (accelerated bridge construction).
iii. Provide rough estimates of process, schedule, and cost for three lane bridge
construction.
1. Three lane configuration consists of three 11-foot lanes, 3-foot
shoulders, and an 8-foot pedestrian route (sidewalk) on the north side
of the bridge).
iv. Provide visual aids to communicate all alternatives.
1. Visual aids will primarily be in the form of plan sheets at conceptual
level, 3D sketches or PowerPoint slides used at presentations.
2. A summary of the three alternatives for replacement will be provided in
memo format.
V. ASSUMPTIONS:
1. Definitions: "Process" refers to construction sequence and phasing;
"schedule" refers to total period of time required for construction; and
"cost" refers to preliminary estimate of probable cost with
contingencies.
2. In the three -lane bridge configuration, the purpose of the third lane is
not defined, with options for either general purpose / turn lane
development or reversible lane.
3. Replacement Structures will be represented with conceptual drawing
sheets for each alternative.
vi. EXCLUSIONS:
1. Visual simulations using CAD design modeling are not included in the
visual aids.
2. Bridge load rating(s) is not included in the concept evaluation for the
bridge replacement alternatives along the existing alignment.
c. S-Curve Analysis
i. Evaluate and categorize prior S-curve straightening and widening studies.
ii. Set up base drawings for conceptual layouts and impacts assessment. Identify
known topographical features, existing utilities and right-of-way.
iii. Layouts and Assessment for softening S-Curves
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DocuSign Envelope ID: 5EF659DE-3D4E-4F35-AA9C-315156F2FD80
1. Develop a 4-lane widening option that ties into Main street and a future
3-lane bridge section at the existing New Castle Creek Bridge. Develop
two conceptual alternatives (Alternative A and B). Soften the curves on
each corner to accommodate a Light Rail Transit (LRT) vehicle and
improve general traffic flow. The differences between alternatives will
be how each alternative impacts the east and west sides of 7th Street or
the north and south sides of W. Hallam St.
2. Make a site visit to review S-Curve existing conditions and assess
impacts of each alternative — up to 3 people.
3. Revise drawings based on site visit.
iv. Analyze impacts and prepare exhibits and visual aids (renderings) to
communicate impacts for each alternative.
v. Assess feasibility of S-Curve softening on Light Rail and other viable transit
technologies. Develop a presentation that outlines the feasibility of LRT and
other viable technologies.
vi. ASSUMPTIONS:
1. Prepare high level conceptual drawings of the alternatives.
2. Impacts are mostly visual with qualitative descriptions and some
quantitative analysis (such as right-of-way impacts)
3. Design is conceptual and subject to revision based on more detailed
survey.
4. City to provide available drawings (utilities, topographic, etc...).
vii. EXCLUSIONS:
1. Visual simulations using graphic design modeling services are not
included in the visual aids.
2. Quantities and cost estimates for the S-Curve widening are not included
3. Pre-NEPA Process
a. Provide information on the NEPA processing options available to the city. Prepare a
memo that summarizes process for advancing the Preferred Alternative (PA) identified in
FEIS. Contrast that process with a NEPA process that would study new alternative(s) or a
more detailed study of an alternative previously screened out in the FEIS process.
b. Meet with CDOT and FHWA to get input on procedural paths. Include the input and
direction provided in memo.
c. Define in a memo the procedural paths forward for all 3.a scenarios considering cost,
schedule, FHWA buy -in and risks.
i. ASSUMPTIONS:
1. Develop a NEPA Procedural Paths forward memo
ii. EXCLUSIONS:
1. Task does not include actual evaluation of new alternatives
iii.
4. Project Background
a. Summarize a timeline and rundown of studies conducted outside of the EIS process that
pertain to alternatives the city would like to reinvestigate, including the split -shot
alternative, S-curve assessment, and existing bridge.
i. ASSUMPTIONS:
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1. City provides all available information
2. Memo is developed summarizing the studies
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DocuSign Envelope ID: 5EF659DE-3D4E-4F35-AA9C-315156F2FD80
Proposal for New Castle Creek Bridge Investigative Study
Aspen, Colorado
08/09/2023
PROJECT DESCRIPTION
Repaired or replaced of the Castle Creek Bridge in Aspen, Colorado.
SCOPE OF SERVICES
The tollowing narrative describes a list of services required to assist with council presentations for analysis
of Castle Creek Bridge replarement nr repair. Ffficiently organizing the work will be essential to
completing the work products in a timely fashion. While the following narrative is organized in a linear
manner, many of the sub -tasks may actually proceed in a parallel or concurrent fashion. The scope of
work to be performed by Design Workshop (DW) in connection with this agreement.
COUNCIL COMMUNICATION STRATEGY AND PRESENTATION GRAPHICS
DW understands content developed by others related to repair or replacement of the Castle Creek Bridge
will be prepared with a need to communicate the analysis to Aspen City Council. DW will assist with five
(5) council presentations through the following services:
1. Strategic Project Kick-off Meeting I Meet with the Jacobs and COA's internal team to review
scope and deliverables, project schedule, consultant roles and responsibilities, initial
improvement budget and stakeholder teams.
2. Prepare a council communication strategy plan including project topics to be addressed,
recommendations for one-on-one meetings and key project messaging points.
3. Prepare a council presentation template using the city's standard branding toolkit.
4. DW will meet with the Jacob's team three to four weeks prior to each council presentation to
understand content development and prepare a presentation outline.
Presentation Graphics
DW understands additional diagrams, plans or illustrative graphics may be required to assist with council
understanding of technical topics. The extent of these support graphics are not known at this time. These
grahics may be provided on a time and materials basis.
Deliverables:
o Strategic Project Kick-off Meeting Summary
o Council Communication Strartegy Plan
o Council Presentation Template
o (7) Project Team Meetings
o (5) Council Presentation Outlines in PowerPoint format (DRAFT + FINAL)
Presentation Graphics —T&M
INITIAL INFORMATION
Client shall provide the following information or services as required for performance of its services.
Design Workshop assumes no responsibility for the accuracy of such information or services provided by
client and shall not be liable for errors or omissions therein, but may rely on the accuracy of the
information provided by Client. Should Design Workshop be required to provide services in obtaining or
coordinating compilation of this information, such services shall be billed as additional services. In order
to begin services, Design Workshop will require the following information:
1. Presentation content developed before each council presentation.
DocuSign Envelope ID: 5EF659DE-3D4E-4F35-AA9C-315156F2FD80
Proposal for New Castle Creek Bridge Investigative Study
Aspen, Colorado
04/27/2023
PROJECT EXCLUSIONS
The following exclusions are not part of Design Workshop's base scope of services and shall be considered
Additional Services. Design Workshop will endeavor to solicit approval from the client prior to
commencing services however failure to obtain prior approval does not inhibit Design Workshop from
being compensated at Design Workshop standard hourly rates for producing the associated work.
1. Presentation revisions in addition to the described scope of work.
2. Additional Graphic Deliverables
a. Alternate Design directions and/or alternate solutions;
b. Preparation of marketing, fundraising, promotional and collateral material such as
renderings, graphics, etc. not listed herein;
c. Production of fully -rendered 3D (or physical) model or fly -through;
3. Meetings and Site Visits
a. In person, web and site meetings in addition to the number indicated in base scope of
services of this agreement;
4. Sub -Consultant Services
a. Only subconsultants listed herein are part of the scope of services.
FEES AND EXPENSES
Compensation to Design Workshop for the services described herein and in accordance with the
conditions of this agreement shall be on an hourly basis per Design Workshop's current published rate
schedule. Design Workshop's fee estimate is based on Client's representation to Design Workshop
regarding the scope and anticipated cost of the Project. Client shall be responsible for payment of Design
Workshop's services at the hourly rates agreed to, even if the total fee exceeds the estimate.
The estimated fees are as follows:
Council Communication Strategy $24,500
Reimbursable Allowance 500
Total Professional Fees $25,000
Presentation Graphics are in addition and may be provided for additional fee.
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to compensation for Basic Services. Reimbursable expenses
incurred by Design Workshop and consultants directly related to the project such as, but not limited to,
travel, photography, telephone charges, video conference charges, and printing expenses shall be billed at
Design Workshop's cost.
RETAINER: N/A
ADDITIONAL SERVICES
Services in addition to those described above are to be compensated on a Time and Materials basis per
Design Workshop's current published rate schedule. Additional services will include (but are not limited
to) redesign of previously approved work, major revisions to program and/or expansion of scope of
services. Whenever practical, changes, additions, or modifications to the scope of services shall be
authorized by written change request; however, the absence of such a written change order shall not act
as a bar to payment of fees due Design Workshop, provided the change was in fact approved and ordered
by the Client.
PAYMENT TERMS
DESI®NNVO US'l 1011 2
DocuSign Envelope ID: 5EF659DE-3D4E-4F35-AA9C-315156F2FD80
Proposal for New Castle Creek Bridge Investigative Study
Aspen, Colorado
04/27/2023
1. This is a lump sum contract and will be billed monthly as a percentage completed for each phase of
the work.
i. M-Alshop'soffice by the loth of e nt
within 30 davm of the Nate of 6 I ling Ineh I! , � 4cifi .+r taxi! anr� wil!
d4 �:be_the_ lead .tic...et t.he,e—i-ces.
3. Extensive itemized breakdowns of hourly activities or provision of detailed backup for reimbursed
expenses for accounting purposes are not a normal procedure; however, at the Client's request,
Design Workshop will provide this service at an hourly rate of $65 (sixty-five dollars) per hour.
n„rrrornwrE
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i.i:.`i2C;.CL�r�s S iry he L1i+1jd.j-n Zn.l ryes;orrWCr�m'^pa-P this -la pasa'-
$ Ih2_IipnY afire that they haite e d and± unrle.rsto + n. m3ched hereto an
cr_+g�d herein h,. reference_
DESIGN WORKSHOP, INC.
By: Date:
Title:
APPROVED BY CLIENT:
By:
Title:
Date:
DESI®NWO RKS1101'
DocuSign Envelope ID: 5EF659DE-3D4E-4F35-AA9C-315156F2FD80
C11n+rallnl�a, lil,�
H-09-B In -Depth Inspection Estimate
Inspection Team 3 Man Rope Team
Duration 3 Inspection days
Equipment Hydro/Snooper & Some Rope Equipment
Scope Visually Inspect all steel girders hands on for condition, identifying areas of
needed repair to rehabilitate the bridge. Inspection should specifically
identify areas of rust, section loss, drill arrest holes, cracking, and fatigue
prone deficiencies. Inspection will be preformed hands on through means of
both a snooper truck or hydro platform and climbing operations to identify
any areas for necessary repair in the steel superstructure. "These are
riveted, built up sections with numerous tack weld locations that need to be
identified. Special attention to areas where members have been tack welded
within the built up section will be identified (visually).
Deliverable
Report will discuss all areas that will need rehab for the steell girders and
identify all known locations that will require tack welds
or cracks to be
ground or repaired. All finding locations will be identified in the report.
Personnel
Insp. Hrs Mob Report Hr Totals Loaded Rate
Labor
Project Manager
2 2 $ 284.00
$
568.00
NSTM Team Lead (S)
36 6 5 47 $ 193.00
$
9,071.00
Inspector
36 6 5 47 $ 140.00
$
6,580.00
Inspector
36 6 5 47 $ 140.00
$
6,580.00
143 sub
$
22,799.00
Expense
MOT
3 days
$
15,000.00
Hydroplatform/Snooper
3days with mob
$
20,000.00
Hotel
3ppl x 4nts x $175
$
2,100.00
Perdiem
3ppl x 3 day x $75
$
675.00
Climb pkg rental
3ppl x 3 day x $45
$
405.00
sub $ 38,180.00
5 60,979.00
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