HomeMy WebLinkAboutresolution.council.049-25RESOLUTION # 049
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER TO THE CONTRACT
BETWEEN THE CITY OF ASPEN AND SURVEY AND MAPPING LLC,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO,
WHEREAS, there has been submitted to the City Council a change order to
the original contract for Stormwater System Condition Assessment, between the
City of Aspen and Survey and Mapping LLC., 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 change order
for $179,000 between the City of Aspen and Survey and Mapping LLC, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
Interim 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 22th day of April 2025. _ C7
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, April 22, 2025.
Nicole Henning, City Clerk
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
SAN
P3,
CITY OF ASPEN
General Information
Vendor
Change Order Number
Date of Issuance
Project Name
Project Number
Project Completion Date
Project Manager
COA Account Code
Project Information
Change ®rder Form
Surveying And Mapping, LLC
2
03-28-2025
Change Order 2 Stormwater System Condition Assessment
2024-238.02 — CO1384907
02-28-2026
Sarah Sopher
160.328.35010.52199.30152.00000.00000.00000
Increase cost by $179,000. Extend contract through February 28,
2026. Expand scope to include all remaining infrastructure that
was not included in Phase I.
Increase cost by $179,000. Extend contract through February 28,
2026. Expand scope to include all remaining infrastructure that
was not included in Phase I. Work to begin after May 1, 2025.
Page 1 of 3
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
t,untract inrormation
Original Contract Amount
Previous Change Order(s)
Change Order Amoun
(If Over $100k ChangE
Order To Be Presentee
Council For Approval)
Final Contract Amoun
(Including All Change
Orders)
Revised Completion D
$180,000.00
50.0
Signature
1. Contractor (Required) Slgnedby:'L
RU+Lt 3/28/2025 111:53:22 AM MDT
64CF20AC 14 B54 DA...
2. Project Manager Signed by:
(Required) �J 4/2S/2025 1:33:53 PM MDT
3. Department Head 42gne4Iy2294428.1.
(Required) 'rv& fira vu 4/2S/2025 l 3:56:23 PM MDT
4, Procurement Officer A6...
(Required) ! A4d Vajo�.s.a 4/25/2025 l 1:32m22 PM MDT
-"_. _ ___- 466F766D8A584E6...
5. City Attorney (Required
Based On Value Of DocuSigne/Idby:
Thresholds) E,�Ot�, ,SM, 5/1/2025 I 11:2'2:05 AM PDT
-" 32737E 149E D5457...
6. City Manager (Required
Based On Value Of Signed by:
�
Thresholds) L SL -I W S/5/202 5 l 70390004 PM MDT
E7753EO50094043011,
Page 2 of 3
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
SA/I.
February, .20, 2025
af�, Cat
pity of Aspen, Cu
27 Rio CrarnJe Place
4spen, 00 81611
Czar Sara.
,4t[he reriuestofth6 city, C��,f�1 is _,rrl_�mtr�ng a change ���n.ler to A�,oen far Pflase'� r3f the ar��inal
crm'�dtater System_ Corldrt-an Assessment contract_ 6,�,M is requesting ma budget increase of $179,aa�a to
:omplete Phase 2 of the vtorm'rlrater System Condition assessment contract.
,r."t�lti4'1'�A�II rnntir�ueto I,ro'.i��lecall5errices e_�r�r_.iate�:l'�',itilCrptior? [ in.ti-�esclictaticrl re}prnsea5d�rti eel
on k1lay 15, 2024. Tha city desired to split the project into, t' x nlitiases tJ iat'I,;ere to be c mpletecl in v1,13
„?pirate budget years. SA'M is pro,diclirig arl rriadc�lted priorangschedule for Is hat is ide_wri ified a Phase 2 of
tlte'Stcfm'pdcater F5; stem Ocnditton Asses_,meat PfOjerttobe contracted forthe 2025 budget.
tJhange #3r€�r price ffe�uest
t •': Baszd on an estimated 350 StrUMI r e�
Mobilization: 4191651_00
ti Cleaning of 12' - 480 Storm'evater pipmes: $6:91750600.au
)LO n, n ro
_ �CTti, Of 1� -4t 8tourn,il,aterpipes: $62,�5a.�0
■ Vac Truck Hearty Clea iirrg, ��J7tptional IoVor�. as Directed: $325.0 per t�ur
■ xB'asad on estimated 25,000 ft of storm'�ratei Tdoe.
Phase 2 Total: $189ra84.aa
f Amount Remaining in Ptiase 1 Budget: 10,000
Change Order Trequestfcf Phase 2: $1791000.00
City stiffill ides Itify' critical .areas tilat they �:Ia nt_ prioritizer.l far tn= Phase 2 pr4jevt anti ar7 afea crra�a
be finaiia?d nef�re ��:,mmerlcirlg �;'rcrk.
ReL14Je5'Cs for r�'•or'k that eneed1 the estimated storm'y1rater InfrastrilctUr2 arem not IrloI4Jd2d Ili them SG:lpe of
thi; nrojeet�nd'«nu�d require an aJtlitional a��ldarrclirrr, cr re�lire�t for i,ri�:ng kr��tlle Citb cf aspen.
Respeffl, Ily 5 ubmitteJ,
Kelton Baker l Project ;,9anager
H:e�tan_L~�b�?r��sam.bia � 66a-541-a0`7
earn
54= VartY'ti1arF:Rt,� r�lart�:Ile, Ilia �3L+198
sec se_-�gsc•i•�rc�
Paae 3 of 3
��IYi.�IZ
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
00
CITY OF ASPEN
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
Change Order Form
Surveying And Mapping, LLC
01
01-30-2025
Change Order 1 City of Aspen Stormwater System Condition
Assessment
2024-238.01— CO1360620 RESO: 2024-074
02-28-2025
PJ Murray
032835010,52 199,30152
City of Aspen Stormwater System Condition Assessment
No changes to the scope or cost of the contract, just extending
the completion date.
Page 1 of 2
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
contract information
Original Contract Amount
Previous Change Order(s)
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
. ntractor (Required)
Co
�. 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)
$180,000.00
$1800000
02-28-2025
Signed by:
LE
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1024! 534A2294428...
Signed by:
rVgqt:Goicu5laCCgg ara�bV�,
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A� V
Signed by:
432FOA40A55C4BO...
2/3/2025 I
2/3/2025 I
2/4/2025
2/3/2025
i
11:090050 AM MST
4 : 24 : 26 i PM MST
7:01:32 AM MST
1:04:3T PM MST
2/4/2025 17:20:7�8 AM MST
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
Page2of2
RESOLUTION # 074
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SURVEY AND MAPPING LLC., 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
between the City of Aspen and Survey and Mapping LLC, 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
between the City of Aspen and Survey and Mapping LLC., a copy of which is
attached 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 9In day of July 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, July 9, 2024.
Nicole Henning, City Clerk
�p � 0 �6�ft.h�
Docusign Envelope ID: 7C8BDE04-BD09-47B6-86D7-9D1787F3A10D
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
AGREEMENT made this 13th day of June, in the year 2024.
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:
Surveying And Mapping, LLC
c/o Erin Allen
8300 E Maplewood Ave. Suite 300
Greenwood Village, CO 80111
660-215-7091
erin.allenna,sam.biz
For the Following Project:
go
lips
CITY OF ASPEN
City of Aspen Contract No.: 2024-238
Contract Amount:
Shall not exceed Total:
$180,000.00
If this Agreement requires the City to pay
an amount of money in excess of
$1009000.00 it shall not be deemed valid
untiI it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: July 9, 2024
Resolution No.: 2024-074
City of Aspen Stormwater System Condition Assessment
Exhibits appended and made a part of this Agreement:
Exhibit A:
Exhibit B
Scope of Worlc.
Fee Schedule.
The City and Professional agree as set forth below.
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l . Scope of Work. Professional shall perform Ina competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
January 31, 2025. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
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
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use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or bylaw. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
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
Agreement Professional Services Page 2
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claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Comme�°cial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS
($2, 000, 000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d} The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
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 certi&
cate shall identify this contract and shall provide that the coverages afforded under the policies
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shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race,
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color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
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
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 City Manager of the City of Aspen (or a duly authorized official in the City
Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's
absence) to execute the same.
16. Warranties Against Continent 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.
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(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.
17. 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.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Piticin County, Colorado.
19. 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, maybe 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.
Agreement Professional Services Page 6
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20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. 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.
22. Attorneys 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.
23. 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.
24. Certification Re ag rding Debarment, Suspension, Ineli ib�ility, 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.
25. 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.
26. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
150141. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
Services hereunder meets these standards, Professional may be required to demonstrate
Agreement Professional Services Page 7
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compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional's failure to comply with §§2445401, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85403(2.5).
27. Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See attached Exhibit A and B.
28. Authorized Representative. The
undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
Agreement Professional Services Page 8
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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 ASPFNIOsIgainkeAvIij :
SAM I.
28...
[Signature]
Sara G. Ott
By:
Title: city Manage r
7/11/2024 � 6:42:06 AM PDT
Date:
Approved as to form:
—DocuStgned by:
Mf s X. I'M
City Attorneys
PROFESSIONAL:
—Docu3taned by:
ignature]
Patrick A smith
By:
Title: Principal / vP
Date: 7/2/2024 � 11:40:30 AM MDT
JPW-7/2/2024-M:\city\cityariy\arch\ag 1-981.doc
Agreement Professional Services Page 9
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Exhibit ,4/B
5A/I ;5U
TH
ANNIVERSARY
July 2, 2024
City of Aspen, CO
427 Rio Grande Place
Aspen, CO 81611
UPDATED PRICING AND SCOPE FOR STORMWATER SYSTEM CONDITION ASSESSMENT
At the request of the city, SAM is submitting an updated bid proposal with a reduced scope and cost to Aspen for
the Stormwater System Condition Assessment contract.
SAM will provide all services associated with Option I in the solicitation response as identified on May 15, 2024.
The city desires to split the project into two phases that will be contracted in two separate budget years. SAM is
providing an updated scope and pricing schedule for what is identified as Phase I of the Stormwater System
Condition Assessment project to be contracted for the 2024 budget.
Phase 1 Project Limits: Include the individual basins that contain up to but not exceeding 50% of the city's
Stormwater infrastructure.
Phase I Project Cost: Not -to -exceed $180,000.00
City staff will identify critical areas that they want prioritized for the Phase 1 project and an area map will be
finalized before commencing work.
Requests for work that exceed 50% of the city's Stormwater infrastructure are not included in the scope of this
project and would require an additional addendum or request for pricing by the City of Aspen.
Respectfully Submitted
Erin Allen I Corporate Director of Business Development - GIS
erin.allen@sam.biz � 660-215-7091
8300 E Maplewood Ave Suite 300 Greenwood Village, CO 80111
303-988-5852 Office sa m . b � Z
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Bid Proposal Form
BID PROPOSAL FORM
j�R%
CITY OFASPEN
PROJECT NO.: 2024-238 City of Aspen Stormwater System Condition Assessment
BID DATE: Updated July 2, 2024
PROJECT: Stormwater System Condition Assessment
PROPOSAL SUBMITTED BY: SAM
BIDDER
BIDDER'S BID PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good
faith, without collusion or connection with any other person or persons bidding for the same item,
and that it is made in pursuance of and subject to all the terms and conditions of the
advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid
documents including the specifications for this bid, all of which have been read and examined
prior to signature. The bidder agrees to keep this bid open for Si
calendar days from the date of bid opening.
60) consecutive
The City of Aspen reserves the right to make the award on the basis of the bid deemed most
favorable to the City, to waive any informalities or to reject any or all bids.
The City reserves the right to increase or decrease the amount of work to be done on the basis
of the bid unit price and up to plus or minus Twenty Five (25) Percent of the fiofial bid.
hereby acknowledge receipt of ADDENDUM(s) numbered 1 through
3
City of Aspen, Colorado 2
RFP 2024-238 City of Aspen Stormwater System Condition Assessment
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Bid Proposal Form
Total Bid in Numbers: Not -to -exceed $180,000.00
Total Bid in Words: Not -to -exceed One Hundred Eighty Thousand
AIA
acknowledge that in submitting this bid it IOU" qui a U hhe right to reject any and all bids
has been reserved by the owner.
Authorized Officer: Patrick A. Smith
Title: Executive Vice President /Principal
Full name signature:
Dlgilally signed ty PaUick A Smkh
Patrick A Smith ONC=US,Eecube,CWPatz,0=SurveyngAndMapping,
LLC, OU=Exocutivc, CN=PaUkk A Smith
Date: 2024,05.07 07:39.14-0500'
Company address: 4801 Southwest Parkway, Building 2, Suite 100, Austin, TX 78735
Telephone number: 512-685-3542
Email: psmith@sam.biz
This updated Bid Proposal Form reflects the reduced project limits to accommodate the $180,000.00 limit.
City of Aspen, Colorado
RFP 2024-238 City of Aspen Stormwater System Condition Assessment
3
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Approach to Project
Scope of Services
PROJECT KICK( 01l'i
AIA
SAM will provide an on -site I<icl<-off meeting and geodatabase review with the City of Aspen staff to start the project.
This meeting is essential to developing open communication with our clients and will help establish the guidelines and
procedures of SAM for coordinating the project. The following important topics will be discussed and determined at the
I<ick< off meeting:
• Safety Process and Programs
• Project Org Chart
• Work Hours
• Public Outreach
• What to do in the event of an identified conflict.
• Inspection Process Strategies
• Invoicing Procedures
• Recurring Meeting Plan
• Execution Plan
PROJECT TIMELINE AND MILESTONES
SAM will review and discuss the anticipated project timeline and milestones with the City of Aspen during the kickoff
meeting. Any level of responsibility required of the city (i.e. providing existing data, pre -locating utilities, etc.) will be
discussed and taken into consideration when finalizing the overall timeline. Internal and external cost controls, along with
any modifications to the proposed project schedule at the request of the city will be discussed and finalized.
WORD SF[:TnR I?FFlNlTlnll�
SAM will review any available storm sewer GIS data to determine the parameters necessary for field verification and work
with city staff to define work sectors for the entire project area. The creation of these work sectors serves two distinct and
important roles during the project. First, the project sectors will be utilized by SAM field staff as a quality control measure.
Field staff will work within each sector and complete all locates and inspections required prior to moving onto the next
sector. This allows for an efficient method of data collection and translates into cost savings and overall project quality.
Another benefit of working within project sectors is to provide city staff with an effective method to track progress and
Know exactly what part of the city SAM field staff is working in. The work sectors also facilitate pre -planning during
periodic meetings for traffic control, assistance and the interactive project website and project reports.
P�IF�I,I�' iNt,�►�"!L�lrATl�l�►i�
SAM will work with city staff to ensure proper citizen notification. It has been our experience on similar projects
that informing citizens about the field work will help alleviate any concerns local residents or businesses may have.
Notifications at City Halls, utility offices and the local newspaper or public access channel (if available) is highly
recommended. SAM field staff will carry an informational letter on letterhead from the City of Aspen describing the project
and the proper contact information in the event there are concerns from the public. It is also recommended that local law
enforcement be notified about the project and that SAM field staff will be working in the area.
SAFETY AND PROCEDURES
SAM will review safety and field procedures during the I<icl<-off meeting to ensure the safety of field staff, city staff and the
citizens of the City of Aspen throughout the project. SAM follows a strict safety and procedures manual and requires all
SAM employees to attend internal quarterly safety meetings to review procedures and concerns.
At all times, field staff will be wearing the required Class II traffic safety vests and all field vehicles will be clearly marked
with company information and have the required safety lights for operation while in public right-of-way. GPS field
personnel have acquired training certification in OSHA 10, Smith System Driver Safety, CPR, Bloodborne Pathogens, COVID
Protocol Training and Field Safety. Proper traffic control signage will be utilized when necessary while operating in public
right-of-way. If required, due to traffic concerns, SAM will operate during non -peak hours to obtain field locates and
inspections. If SAM staff has concerns about their safety, the appropriate city staff will be contacted.
City of Aspen, Colorado 4
RFP 2024-238 City of Aspen Stormwater System Condition Assessment
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Approach to Project
Task 1: Existing Data Analysis
At the same time as the I<icl<-off meeting, SAM will acquire copies of existing and available mapping data for review,
analysis and for use as reference during the project. SAM understands that the city has existing datasets that are
maintained by the city's GIS Department.
SAM will work with the necessary city staff to establish a scoring matrix that will be utilized throughout the project to
identify the levels of pipe degradation during the assessment portion of the project. At this time, the SAM Team will
determine the best pipe video identification system to meet all the goals and requirements of Aspen.
SAM will coordinate with I<ey city staff and the GIS Department to ensure data collection in both Tasl<s 2 and 3 will be
conducted so data can seamlessly integrate with the existing schema and data structure.
Task 2: Infrastructure Inventory: Locate, Clean, Inspect, and Inventory
SAM project leadership will coordinate and develop a project schedule for all Task 2 objectives. SAM understands that
Aspen has seasonal events that the SAM Team must coordinate around. Our management team is accustomed to
overseeing data collection projects with little to no impact on both a city's flow of traffic and city departments' daily
workflow and operations.
GPS FIELD COLLECTION
For this project, SAM will utilize our firm's GPS and data collection equipment. SAM is the largest single commercial user of
Trimble technologies in America. This enables SAM to access the newest field collection technologies, often before they
are even available to the general public. SAM has streamlined the data collection process in order to minimize errors and
promote efficiency in the field. This includes the best equipment in terms of accuracy and reliability, as well as workflows
for our teams in the field that use the equipment on a regular basis.
SAM will employ RTK survey -grade collection methods using Trimble R12i GNSS Receivers) to locate the city's storm sewer
features as contained in the defined project limits. SAM will uze a Trimble TSCS Data Collector with Trimble Access
software in order to streamline the information collected at each storm sewer structure. RTKsurvey-grade technology is
utilized for locating utility assets, resulting in centimeter -level accuracy (+/- 2 centimeters) and accurate elevations.
GPS surveys will be referenced to the Colorado State Plane Coordinate System to allow for direct insertion into the city's
GIS program. Horizontal (x,y) and vertical (z) coordinates will be obtained in the field for all storm sewer features. Captured
features through GPS surveys will include all features designated by the City of Aspen during the planning phase of the
project. The storm sewer features will be opened and inspected. Condition and attribute data will be collected and a
top -side photo will be taken.
STORM SEWER FEATURES TYPICALLY LOCATED INCLUDE:
• Manhole •Inlet/Outlet •Pipes
• Area Inlet •Dam •Culverts
• Curb Inlet • Junction Boxes Ditches
• Headwall • Outfalls
City of Aspen, Colorado 5
RFP 2024-238 City of Aspen Stormwater System Condition Assessment
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Approach to Project
STO!?MI NF1NER A1 11111DUIr7pt,TYPI�'pLl.v rni,i.,Fc'TFD INCLUDE:
Structures
• GPS location
• Material
• Invert Depth
• Headwall Type
• Grate Type
• Grate/Inlet Size
• Condition
Pipes, Culverts, Ditches
• Structure Type
• Pipe/Culvert Size & diameter
• Pipe/Culvert Material
• Rise
• Span
• Flowline
• Pipe/Culvert Length
• Condition
DATA CONSISTENCY
SAM will employ our customized data collection field application that has been successfully used on other similar projects, All
field data will be predefined for field staff to ensure accurate and consistent attribute collection. Field staff will run the custom
application on the GPS controller unit to allow for quick and easy identification and navigation of the utility features.
Inlets that are inaccessible by GPS due to tree cover or satellite visibility will be noted and shot utilizing traditional survey
methods. All data will be coded in reference to method of collection. Any storm sewer structures that require further
assistance in opening or gathering attribute data will be noted and SAM will work with city staff to gain access to the
identified storm sewer structures.
CCT1� DATA COLLECTION AND CLEANING
The SAM Team will start with maps provided in Attachments C and D as a starting point of known work, then identify
previously unknown/unmapped pipe to address in project. The SAM Team Superintendent will then identify and prioritize, in
coordination with City of Aspen to submit and create an approved schedule. This includes strategies to minimize disruption to
the public during the assessment process. A tentative schedule will be provided at or prior to the Kickoff meeting.
The SAM Team Superintendent will coordinate traffic control as needed to safely support the field crews. Pro- Pipe will self -
perform Minor to most traffic control and subcontract any flagging operations as needed. Field inspection crews will utilize all
tools to successfully complete the CCTV assessment and cleaning to bring pipe segments back to their original capacity.
Cleaning crew will remove solids from pipe segments. The SAM Team fully understands the City of Aspen's goal for cleaning
these pipe segments per industry standards, We will do this by supplying an 80 gal per minute GPM water pump and 18 CFM
blower Vacuum truck with 12-yard debris tank. The SAM Team will also utilize high velocity nozzles, 3d Spinning safely to
minimize impact to the community.
Throughout the NASSCO PACP inspection process, The SAM Team CCTV and Cleaning Operators will digitally document the
results of inspections in the field utilizing PACP Defect coding for both structural and operational maintenance. The SAM
Team will utilize a CCTV Truck with Mainline CCTV equipment. and then reviewed by The SAM Team's Quality, Confined
space gear will be included in this project and be available on -site throughout the duration of field operations.
City of Aspen, Colorado 6
RFP 2024-238 City of Aspen Stormwater System Condition Assessment
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Approach to Project
To make project management simple and efficient, we make various Esri applications from the ArcGIS Online suite
available to our customers. The Workforce, Collector, and Survey 123 applications enable our customers to manage work
order flow, review real-tirne production in the field, and run various reports.
The SAM Team can integrate both high -definition scans and conventional CCTV -recorded observations directly to your GIS
program, enabling you to select which observation layer to geographically view and query quantities for instant decision
making. The SAM Team routinely integrates the accurate GPS locations of - - -
assets, connections, observations, defects, and IVASSCO pipe ratings into
a GIS database during inspection and can deliver via shape files or geo-
databases. The data can include pipe slopes, invert elevations, and any
other specified information to eliminate thousands of hours spent sorting,
reviewing, and prioritizing critical pipe data.
Quality Assurance /Quality Control
Effective Quality Assurance and Quality Control (QA/QC) procedures are crucial to the success and overall integrity of
every project. Through the cornbined efforts of our project team, an emphasis on QA/QC is always a priority and each task
executed has a system of checks and balances established for all personnel to follow. Elements of QA/QC can range from
data collection checklists and GPS tolerance controls to analyzing network connectivity within the software environment.
As part of the QA/QC process, SAM will conduct a redundancy chec!; on five (S) percent of the features previously shot
during the project. After GPS locating the features a second time, SAM will compile and process the results against all data
sets and verify that the required accuracy tolerance is being met.
Check plots are a crucial and unique step required in all SAM projects. Although every effort is made to investigate, locate
and properly map each asset, the input and feedback of the utility personnel is imperative to the approval of final data.
Our project management team works with client staff to ensure we handle each piece of data properly and clients have
the final say in how data is represented. Our efforts to ensure the highest quality products and services include:
• Custom QA/QC ArcGIS tools
• "Heads -up" QA/QC against base data or aerial photography
• Digital and hard -copy checks against field notes and as -built drawings
• Five (5)% redundancy check of all GPS collected data
• Printed check plots for review by the city
• Assurance that end product shows complete connectivity
• Reviewing pipe videos for compliance and completeness
• Formulating quality control standards
• Maintaining data and check logs
• Overseeing inspection activity throughout the project cycle
• Daily reporting
Any reference to tasks and cost for Option 2 on page 19 of the May 15, 2024 solicitation for RFP No.
2024-238 City of Aspen Stormwater System Condition Assessment have been excluded from this
updated scope and cost.
City of Aspen, Colorado 7
RFP 2024-238 City of Aspen Stormwater System Condition Assessment
Docusign Envelope ID: 313639C9-BA5A-4B73-84D3-6423A8E19164
Updated Fee Proposal and Schedule
Fee Proposal
SAM's pricing for the updated scope, as requested by the City of Aspen, is not -to -exceed $180,000.00. The expense
breakdown is as follows:
SAM Cost Breakdown
Project Manager
Field Technician
Field Coordinator
$142.00 per hour
$90.00 per hour
$105.00 per hour
GIS Technician II
Project Specialist
Operations Manager
$105.00 per hour
$120.00 per hour
$225.00 per hour
Expenses Breakdown
• Budget 10 days of field work per staff member
• Field Rates $314/day per person ($235 hotel and $79 food)
• Number of field staff = 2 (10*314*2=$6,280.00)
• 10 hours of travel time to and from project site for staff 1800 miles at (10*180=$1.800.00)
• Mileage =1800 miles at .79/mile $1,422,00
• Travel expense budget is $9,502.00
Pro -Pipe Cost Breakdown
Cleaning of 12"-48": 261000 linear feet @ $2.44 per ft.*
CCTV Assessment of 26,000 Linear feet @ $2.23 per ft.*
*Linear feet is estimated. Client will be billed actual footage within the not -to -exceed contract limits.
Expenses Breakdown
• Mobilization 4 Man Crew @ 34.25 Labor Hours (Travel home every two weeks 5 hours each way) $135.00 Per Hour cost
• Fuel and equipment expense for mobilization to and from Aspen. $580.00 Cost
heavy equipment on -site)
• Hotel and daily food allotment, $465.00 Per day cost (19 days)
• Total travel expense budget is $8,835.00
(Utilizing support truck and leaving
Estimated Schedule
SAM proposes to complete the project for Aspen within 14 weeks of Notice to Proceed (NTP). SAM understands that
Aspen desires cleaning and videoing to be done by December 2024, and will be able to deliver on that assuming NTP is
given by July 31, 2024. This estimate does not factor in severe weather delays.
Weeks
Tasks
1
1 2
3
4
5
6
7
8
9
10
11
12
13
14
Project Setup and Planning
j
Field Mapping and Locating
Stormwater Network Digitizing
CCTV Inspections
Condition Assessment
Delivery
City of Aspen, Colorado 8
RFP 2024-238 City of Aspen Stormwater System Condition Assessment