HomeMy WebLinkAboutresolution.council.028-24RESOLUTION 4028
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT AMENDMENT BETWEEN THE
CITY OF ASPEN AND DYNAMIC PROGRAM MANAGEMENT,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO0
WHEREAS, there has been submitted to the City Council a contract
amendment between the City of Aspen and Dynamic Program Management, a true
and accurate copy of which is attached hereto as "Exhibit A",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TV)
THE CITY OF ASPEN, COLORA
,
That the City Council of the City of Aspen hereby approves the contract
amendment between the City of Aspen and Dynamic Program Management, a
copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said contract amendment on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13' day of February, 2024.
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 February 13, 2024.
DocuSign Envelope ID: 628554A7-9C00-4C06-9595-2050B8967961
Change Order Form Revision 1 /2024
I I T Or AAS rErq
General Information
Vendor
Change Order Number
Date of Issuance
Project Name
Project Number
Project Completion Date
Project Manager
COA Account Code
Project Information
Description Of Service
Description Of Change
Order
Contract Information
Change Order Form
Dynamic Program Management - Supplier 19104
1
1/19/2024
Lumberyard Affordable Housing
2023457 RESO& 2023-083
12/31/2025
Chris Everson
150.441.81200.52160.51225
Original Contract Amount $58,763
Previous Change Order(s) $0
Paae 1 of 2
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Change Order Form Revision 1 /2024
Change Order Amount
If Over 100k 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)
ASR#1
$259,184996
$317,947.96
12/31/2024
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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).
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Page 2 of 2
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PROGRAM MANAGEMENT
Mr. Chris Everson
Senior Project Manager
Affordable Housing Development
City of Aspen
427 Rio Grande Place
Aspen, CO 81611
Dear Mr. Everson:
January 19, 2024
Please find below the Add Service Request (ASR) #1 from Dynamic Program Management to the original contract
dated October 10, 2023. The ASR includes incorporating fees for the calendar year of 2024 for the Lumberyard
Affordable Housing Project Phase 0.
Sco e: The scope of work includes continuation of Preconstruction scope from 2023 and incorporation of
construction scope for work commencing in 2024. Please see pages 2-6 for a detailed description of the scope.
Fee:
2023 Contract amount, Hourly, Not -to -Exceed = $53,421 + 109/o reimbursables = $58,763
2023 Contract amount invoiced = $32,395 with reimbursables = $32,596.96
2023 Contract amount remaining = $26,166.04 including reimbursables
2024 Hourly, Not -to -Exceed Proposal:
Team Member
Average Hours / Week
Hours / Month
Hourly Rate
Fee / Month
Total Hours
Colleen Kaneda
2
9
$160
$1,501
113
Reilly O'Brien
12
52
$140
$7,274
624
Todd Raper / Kate Reilly
5
21
$155
$3,244
251
Josh Vogt
16
69
$140
$90598
823
Totals
35
151
$21,618
1,810
Requested contract value increase for 2024 = $259,410 + 10% for reimbursables (+$25,941) = 285,351.00
Less 2023 savings = $285,351— 26,166.04 = $259,184.96 Total ASR#1 Contract Amount
Total Requested contract value increase = $259,184.96 including reimbursables
Revised Contract Value =Not to Exceed $317,947.96 including reimbursables
DYNAMIC PROGRAM MANAGEMENT
Post Office Box 726
Eagle, CO 81631
Phone: 970 390 0312
Email: Colleen.Kaneda[a�dynamicpm.co
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��.
PROGRAM MANAGEMENT
�����`Ri�tl C��ri1`I
- Review Owner's plan and the project as presented. Review scope and costs and understand the
Owner's goals for the project. Note allowances, owner soft costs, escalation and any other specific line
items as they relate to the entire project and budget.
- Assist the Owner on the formation of committees for the selection of all project consultants not yet
selected.
- Assist the Owner with selection of a delivery method most appropriate to the schedule and the
outlined goals for the project, if not already selected.
- Determine what consultants and services will be necessary to deliver the project in compliance with
all applicable Federal/State/Local regulations, and oversee the permitting, procurement, contracting,
monitoring, and management of all project consultants, design professionals, contractors and vendors
and their associated scope on behalf of the Owner.
- Assist the Owner with the selection of consultants/contractors through a qualifying and selection
process. Provide detailed analysis and advice to the Owner in the evaluation of proposals. Assist with
selection of consultants through a qualifying and selection process that are not part of the architect's
consultant team but will have contracts with Owner, such as environmental, geotechnical, third -party
testing and inspections, etc.
- Assist the Owner with the development and review of contracts with consultants and assist in the
negotiation of fees and contracts with consultants. Contracts will be reviewed by the Owner's
attorney.
- Identify all State and Local agencies that will be utilized during the review process and oversee the
submittal process. This will include coordination of all road improvements/ site development
requirements with State and Local agencies.
- Assist the Owner in procuring and managing environmental, geotechnical, and other consultants to
identify the project existing conditions in preparation for construction or demolition work.
- Coordinate with the design team throughout the design phases and create progress reports to be
delivered to the City Council as design proceeds.
- Develop and update a Master Budget, to be managed from start to completion of the project.
Maintain accountability to the budget, assist the Owner with monitoring, identify cost savings and
design options/products, maintain and review project costs to confirm that the project is designed
within the budget and to avoid value engineering at the end of the design process. Serve as liaison in
City of Aspen
Lumberyard Affordable Housing
Page � 2
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PROGRAM MANAGEMENT
all budget matters. Owner's Agent is to maintain, track and coordinate use of the project's
contingency.
- Compile and update Master Schedule milestones for all design phases, design review, bidding
activities, lead times, coordination of activities outside construction, and coordination of key points.
- Establish Owner's Agent as the central point of contact for coordinating all project activities including
process for approvals, maintenance of project records, responses to inquiries from consultants,
suppliers and contractors, transfer of information to decision makers, coordination of project
information flow and progress reports to the Owner and general public as required.
- Assist the Owner with developing/ implementing and coordinating technology needs.
DESIGN DEVELOPMENT
- Orchestrate initial reviews with local agencies with jurisdiction over the project and understand the
process that must be followed for final approvals.
- Initiate a project review process to review any design options.
Review product selections and specifications for ease of maintenance/warranties/environmentally
responsible products and solicit input from City personnel to standardize equipment and construction
materials. Verify that selected materials are consistent with the goals set forth for the project. Assist
with the outline of a capital reserve budget program that addresses the life cycle of systems of the
project. Take necessary action such that Architect / Interior designer provides finish board upon
approval of the interior design.
- Maintain design team accountability to the design intent as described in the project scope.
Provide weekly status reports to the Owner and summarizing progress, schedule and cost status,
major decisions, changes and other key project information.
- Initiate project review of drawings/specs and cost estimate with Owner for review prior to proceeding
to Construction Documenfis.
CONSTRUCTION DOCUMENTS
- Assist in continued development of building renewal program/strategies.
- Orchestrate and assist the Owner in the review of construction documents/specifications and cost
estimates for approval of construction documents.
City of AspQn
Lumberyard Affordable Housing
Page � 3
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PRQGRAM MANADEMENT
- Coordinate acceptance of the Construction Documents and finalize pricing. Assist the Owner with
development of a maintenance plan based on the approved design specifications.
- Provide monthly status reports to the Owner summarizing progress, schedule and cost status, major
decisionsI changes and other key project information.
BIDDING PROCESS
- Assist with the Bidding Process Confirm that the permit process is completed prior to start of
construction, that an early start permit has been obtained if necessary, and coordinate with agencies
affected.
- Coordinate and review any modifications to pricing with the Owner.
Review insurance and bonding requirements. Ensure general contractor insurance certificates meet
the requirements of the City. As the general contractor's insurance is renewed the OR is to provide
updates until the general contractor no longer holds the project insurance.
- Review subcontractor bids and process and confirm that a competitive process has been followed in
obtaining bids from subcontractors, assist in the review of bids and subcontractor selection.
CONSTRUCTION
- Assist with the development of a safety plan for the construction site.
Take necessary action such that terms of the contract are enforced.
- Monitor safety compliance with all Federal/State/Local requirements (not limited to OSHA, EPA, and
EEO) thru the General Contractor.
- Assist with planning the placement of construction trailers, fences, signage, staging areas, and
construction traffic zones.
- Attend Construction Meetings as established (weekly or bi-weekly). Review construction progress as
provided in construction management programs and take necessary action such that weekly minutes
are accurate (including but not limited to construction progress, cost concerns, schedule, and
outstanding issues).
- Advise the Owner on issues including construction costs, schedule, coordination, and completion.
- Verify and document that inspections and testing reports take place as required. Review reports to
take necessary action such that deficiencies are addressed.
- Photograph construction progress.
City �f Asren
Lumberyard Affordable Housing
Page / 4
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PROGRAM MANAGEMENT
Address corrective measures to mitigate and correct non -conforming workmanship per the Contract
Documents as idened by the Architect or Contractor. Notify the Owner of non -conforming work
with the Contract Documents. Owner's Agent to coordinate with all consultants/ vendors responsible
for the non -conforming work to implement a corrective solution.
- Participate as part of the communications and distribution of construction directives including, but not
limited to RFI, PCO, ASI actions.
Assist the Owner in the review of pending Change Orders. Review with the design team the proposed
scope and costs assigned with the pending change order.
- Provide assistance with unforeseen conditions during the project. Assist the Owner with identifying
these conditions. Assist the Owner with documenting the request with scope identified and all costs
associated with the request identified. Review on the behalf of the Owner.
Resolve any disputes or claims prior to final approval or denial of a Change Order.
Review appropriateness of each pay application with the design team and take necessary action such
that lien/claim releases are executed and included with all pay applications and all disputes or claims
are resolved prior to approval of a pay application.
Compile and submit fund requests monthly to the City. Verify amounts being invoiced are appropriate
and per contracts. This service will be provided at all stages of the project.
Assist with coordinating environmental and abatement work with demolition and construction
activities as it applies to the project.
- Assist the Owner with any concerns and/or complaints by staff or community members during
construction.
- Provide weekly status reports to the Owner summarizing the progress, schedule and cost status,
major decisions, changes and other key project information.
THE OWNER'S AGENT SHALL NOT:
- Have liability or responsibility to Owner or any third party (i) by reason of the failure on the part of the
Owner's architect, engineers, construction contractors or construction subcontractors to furnish their
respective contracts, obligations or undertakings, or (ii) for any defect or omission in plans and
specifications for the project or (iii) for any negligent act or omission, breach of contract, malfeasance
or malpractice of Owner's architects, engineers, construction contractors or construction
subcontractors on the project.
- Authorize deviations from the Contract Documents.
City of Aspen
Lumberyard Affordable Housing
Page � 5
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PNOGRAM MANAGEMENT
Approve substitute materials or equipment except as authorized in writing by the Architect and the
Owner.
Personally conduct or participate in tests or third -party inspections.
Assume any of the responsibilities of the Design Team, Contractors or of Sub -contractors.
Expedite the work for the Contractor.
- Have control over or charge of or be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the work.
Issue a Certificate for Payment or Certificate of Substantial Completion or sign on the Owner's behalf.
Prepare or certify the preparation of a record copy of the drawings, specifications, addenda, Change
Orders and other modifications.
Reject work or require special inspection or testing except as authorized in writing by the Architect.
- Accept, distribute or transmit submittals made by the Contractor that are not required by the Contract
Documents.
Order the Contractor to stop the work or any portion thereof, except for safety reasons that
immediately affect the life and safety of any staff or person.
Please reach out with any questions or comments regarding this Add Service Request #1.
Sincerely,
Colleen Kaneda, Ph.D., P.E.
Principal, Dynamic Program Management
City of Asgen
Lumberyard Affordable Housing
Page / 6
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RESOLUTION 4083
{Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND DYNAMIC PROGRAM MANAGEMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO0
V�ijHEREAS, there has been submitted to the City Council a professional
services agreement between the City of Aspen and Dynamic Program
Management, 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 the professional
services agreement between the City of Aspen and Dynamic Program
Management, a copy of which is annexed hereto and incorporated herein and does
hereby authorize the City Manager to execute said contract on behalf of the City of
Aspen,
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 101 day of October, 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 October 10, 2023.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
Clio
CITY OF ASPEN
City ofAspen Contract No.: 2023-157rev1
AGREEMENT made this 1Oth day of October, in the year 2023.
BETWEEN the City:
The City ofAspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Colleen Kaneda
Dynamic Program Management
IP.O. Box 726, Eagle, CO 81631
0.390.0312
Colleen.Kaneda@Dynamicpm.com
For the Following Project:
Contract Amount:
Total: Not to Exceed $17,807 per
month x 3 months = $53,421 + 10%
reimbursable $5,342
Total Contract: $58,763
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
untiI it has been approved by the City
Council of the City of Aspen.
City Council Approwal:
Date: 10/10/2023
Resolution No.: 2023-083
CONSTRI.JCTION MANAGER AS ADVISOR (CMa) FOR LUMBERYARD
�FFOI2.DABLE HOUSING PROJECT
Exhibits appended and made a part of this Agreement:
Exhibit A:
Exhibit B:
Scope of Work.
Fee Schedule.
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The City and Professional agree as set forth below.
l . 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. Initial scope of work shall include lump sum hours proposed for 2023. Additional
services for 2024 and beyond may be added as approved written amendments to this contract.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the
Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall
be completed no later than ,December 31, 2023. Upon request of the City, Professional shall
submit, for the City's approval, a schedule for the performance of Professional's services which
shall be adjusted as required as the project proceeds, and which shall include allowances for
periods of time required by the City's project engineer for review and approval of submissions and
for approvals of authorities having jurisdiction over the project. This schedule, when approved by
the City, shall not, except for reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time
and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
the amount set forth above. Professional shall submit, in timely fashion, invoices for work
performed. The City shall review such invoices and, ifthey are considered incorrect or untimely,
the City shall review the matter with Professional within ten days from receipt of the
Professional's bill. Monthly billing shall be performed based on actual hours worked each month
and shall not exceed the maximum number of hours defined in Exhibit B for any given year
without an approved written amendment to this agreement. A maximum 5% administrative
fee may be added to any reimbursable expenses submitted.
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
ofthe 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
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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 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 ofthe 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 ansing 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 by the
negligent act, omission, error, professional error, or mistake 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.
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 lisfied below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Yorker'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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) 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 MLLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1, 000, 000.00) aggregate with respect to each Professional's owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision.
(iv) I'rafes�sional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
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
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
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(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City .
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and•all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
{g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 244 04 01 et seq.,
C.K.S., as from time to time amended, or otherwise at to City, its officers, or its
employees.
10. Cit�'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. Ntin-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, 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
ilable to it under this Agreement or by law despite any such forbearance or indulgence.
any remedy ava
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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 �8-1'7.5-101 & �24-76.5-
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bi1121-
1075 that amended current CRS §847.5402 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a "worker without
authorization" which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional
not involving the delivery of a specific end product other than reports that are merely incidental
to the required performance.
5. "Worker without authorization" means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Professional certifies and represents that at this time:
1. Professional shall confirm the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services; and
2. Professional has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are nofi workers without authorization.
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Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Professional shall not use the either the e-verify program or the department program
procedures to undertake pre -employment screening of job applicants while the Public Contract
for Services is being performed.
If Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
Professional shall comply with any reasonable request by the Colorado Department VT oUr%r and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Professional violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional's violation of Subsection 847.5402, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
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1 /. warranties A.aainst Contingent Fees. Gratuities Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
tD 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 ofthis 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:
l . 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.
(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.
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(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. hlectronic Signatures and Elkoctronic Re%O%J 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. Successot�s 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 Pa>�ties. 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. Attorneys. 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 attorneys fees.
24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification R,egarding_ laebarr
Professional certifies, by acceptance of
11{✓lli,+---�------
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
MOON ommoommon�
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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.
200 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
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN V�ITNESS VfTHEREOF, 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
Sara G. Ott
By:
[Name]
Title: City Manager
Date:
10/11/2023 1 9:51:18 PM PDT
Approved as to Form:
by:
City
PROFESSIONAL:
[Signature]
Colleen Kaneda
By:
[Name]
Title: Manager ��
Date: 10/2/2023
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Initial Scope of Work Shall Include and may not be limited to the following.
LL)
PI�ECQNSTRVCTIQN
- Revietiv C7vrner s plan and the projeck as presented. RevirLv scope and costs and understand the
Owner's goals for the project. Note allowances, owner soft costs, escalation and any other specific
line items as #hey relate fio the entire project and budget.
- Assist the Owner on the formation of committees for the selection of al I project consultants not yet
selected.
Assist the Owner with selection of a delivery method most appropriate to the schedule and the
outlined goals for the project, if not already selected.
- determine what consultants and sentices will be necessary to deliver the project in compliance ta�ith
all applicable Federa{JState/Local regulations, and oversee the permitting, procurement,
contracting, monitoring, and management of all project consultants, design professionals,
contractors and vendors and their associated scope on behalf of the Owner.
- Assist the Owner with the selection ofconsultants/contractors ta�rougn a qualifying and selectio:�
process. Provide detailed analysis and advice to the Owner in the evaluation of proposals. Assist
with selection of consultants through a qualifying and selection process that are not part of the
architect's consultant team but will have contracts with Owner, such as enMronmental,
geQtecnnicai, tnird-party testing and inspections, etc.
Assist the Owner with the development and review of contracts with consultants and assist in the
negotiation of fees and contracts with consultants. Contracts will be reviewed bythe Owner's
attorney.
Identify all State and Local agencies that will be utilized during the review process and oversee the
submittal process, i his will include coordination of all road improvements/ site development
requiremen#s with State and I.oca I agencies.
- Assist the Owner in procuring and managing environmental, geotechnical, and other consultants to
identify the project existing conons in preparation for construction ar demoon work.
- Coordinate tivith the design #eam throughout the design phases and create progress reports to be
delivered to the City Council as design proceeds.
- Develop and update a J~Aaster budget, to be managed from start to completion of the project.
Maintain accountability to the budget, assist the Owner with rnoniioring, identify cast savings and
design options/products, maintain and review project coats to confirm that the project is designed
within the budget and to avoid value engineering at the end of the design process. Serve as liaison in
all budget matters. Owner's Agent is to maintain, track and coordinate use of the project's
contingency.
- Con'►pi(e and update Master Schedule milestones for all design phases, design review, bidding
activities, lead times, coordination of activities outside construction, and coordination of key points.
Establish Owner's Agent as the central point of contact for coordinating all project activities
including process for approvals, maintenance of project records, responses to inquiries from
consultants, suppliers and contractors, transfer of information to decision makers, coordination of
project information flow and progress reports to the Owner and general public as required.
Assist the Owner with developing/ implementing and coordinating technology needs.
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Initial Scope of Work Shall Include and may not be limited to the following:
THE UTVNER'S AGENT SHALL NOT:
Authorize deviations from the Contract Documents.
Approve substitute materials or equipment except as authorized in writing by the Architect and the
Owner.
Personally conduct or participate in tests or third -party inspections.
Assume any of the responsibilities of the Contractors or of Sub -contractors.
Expedite the work for the Contractor.
- Have control over or charge of or be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the work.
- Issue a Certificate for Payment or Certificate of Substantial Completion or sign on the Owner's
behalf.
- Prepare or certify the preparation of a record coFiy of the drawings, specifications, addenda, Change
Orders and other modifications.
Reject work or require special inspection or testing except as authorized in writing by the Architect.
- Accept, distribute or transmit submittals made by the Contractor that are not required by the
Contract Documents.
- Order the Contractor to stop the work or any portion thereof, except for safety reasons that
immediately affect the life and safety of any staff or person.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
SECTION FOUR
Fee Proposal
DYNAf��lC
Be Proposal
DPM's free proposal is presented below. The fees for 2023 are guaranteed based on the scope of work in
the RFP. Fees for 2024 and 2025 include the construction of Phase 0. DPM would welcome discussion
regarding the fee proposal to ensure we are meeting the City's objectives and budget for the project.
City of Aspen -Lumberyard Housing
CMa Lump Sum Fee Summary
Tcam tYlrmb�r
Avtrarc H-ours 1 wctk Hours 1 McntA
Hourly Fiatc
fct � Marrth
2023
October
November
December
rwolltken KA da
4
17
5150
$2,598
IReilIV O'Brben
14
61
$135
$9,L84
rodd Raper
4
17
5140
SZ425
lash Vogt
9
37 1
$125
1 41601
Totals
31
132
17,807
Not to Exceed $17,807 x 3 months = $53,421 + 10% reimbursables
CDTI` S�F r15PFl�'
CONSTRUCTION MANAGER AS ADV154R [tMcr'
23
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