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HomeMy WebLinkAboutresolution.council.108-25RESOLUTION 9108 (Series of 2025) AND DEWBERRY ENGINEERS INC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for West End Stormwater Infrastructure Replacement Design, between the City of Aspen and Dewberry Engineers, Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for West End Stormwater Infrastructure Replacement — Design, between the City of Aspen and Dewberry Engineers Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 12th day of August 2025. hael Richards, Nl�yor I, Mike Sear, duly appointed and acting Deputy City Clerk, do certify that the foregoing is a true and accurate copy %J that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, August 12th 2025. Mike Sear, Deputy City Clerk Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES AGREEMENT made the 3rd day of July, 2025. BETWEEN the City: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Dewberry Engineers Inc. 990 South Broadway, Suite 400 Denver, CO 80209 JS 303995080639 eelsner@dewberry.com For the Following Project: ja 64 IL CITY OF ASPEN City of Aspen Contract No.: 2025-188 Contract Amount: Total: $ 149,784.00 If this Agreement requires the City to pay an amount of money in excess of $100)000.00 it shall not be deemed valid untiI it has been approved by the City Council of the City of Aspen. CitX Council Approval: Date: 08/05/2025 Resolution No.: 2025-108 West End Stormwater Infrastructure Replacement -Design Exhibits appended and made a part of this Agreement: Exhibit A: Exhibit B: Scope of Work. Fee Schedule. The City and Professional agree as set forth below. Agreement Professional Services Page 0 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 1. Scone of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 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 tune 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 maybe 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 Agreement Professional Services Page 1 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such 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 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a s werability 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 severabiIity 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 certificate shall identify this contract and shall provide that the coverages afforded under the Agreement Professional Services Page 3 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 policies shall. not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary .limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/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. 1 1. 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, Agreement Professional Services Page 4 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 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 Contingent Fees Gratuities Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (l) 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. Agreement Professional Services Page 5 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 (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; anal 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 Pitkin 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 ail 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. Agreement Professional Services Page 6 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 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. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 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 Regarding Debarment Suspension Ineligibility 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 §2445- 103(2.5) and found at 8 CCR 1501-11. 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 Agreement Professional Services Page 7 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 Services hereunder meets these standards, Professional may be required to demonstrate 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 §2445-103(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 Exhibit A and B below. 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 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF A� d bYOLORADO a By: ) [Signature Pete Strecker Title: Interim City Manager Date: 8�18/2025 � 12:39:16 PM MDT Approved as to form: DocuSigned by: City Attorneys Office By: PROFESSIONAL: —Signed by: f'SW Danny Elsner Title: Department Manager/senior Associate Date: 7/8/2025 � 9:40:51 AM MDT Agreement Professional Services Page 9 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 EXHIBIT A SCOPE OF WORK P.�UFc��kL FvG, Tf-'E'S'�EST Et•.Q �Tti.}Rhi�Ji',.t?ER F;F�A`=TRU�TU�E P.EF'Lr�.CEtr1�h'T — GE ILht ITY OF ASPEN RFPS20215ASS Intr�duc�tian The de�,vberry team is pleased to ,present the attached quote and approach for the West End Storr pater Infrastructure Replacement - Uesign project. The Dewberry team assembled is intended to provide experts in stormwater analysis and design, utilising our knos�►�led0e of local criteria along with local subconsultantsto bather existing data. The team is led by Canny Elsner, PE, CFNI, a project manager with over 30 years of experience and a background in public +�+pater projects. Our team has included True I'S1orth Colorado, LLC for surveying services for this project, in particular due to their specific er.pertise locally. Additionally, our team has included Badger Infrastructure Solutions for potholing services. haq� 1: (nvantnrylAn�lysis Existing Ll AR Review Dewberry will utilise the existing LiCIr.R data a4ailable from aspen a�rhich hosts tiled LiDAR collected in 2024 for the project area. Data is provided as a 2 feet DEM in a horizontal projection of NAC 1988_2011 Colorado Central Feet US and ,vertical datum of N.I 88. The use of existing LiCAR sources can help to reduce khe cost of the preliminary modeling during this. phase. ,Existing Master flan and System Assessment Review Under=.tending existing master plan .and storm se•s,er condition) is a 'vital aspect of this project. Therefore the existing reviev for this project volI be focused on three Ivey aspects: 1, Understanding the pity of Aspen's detention analysis, completed in September 2014 by rigllt L^dater Engineers z, Evaluating the existing deficiencies in the ;term system as identified by the 202Z. " &%wb�x'xy' Stormpipe assessment project �. Identifying the requirements for stonrn-s'►�,�ater conveyance .and treatment as described in the Urban Runoff Management Plan (URMP) and balancing these requirements +.+,'ith the character and flooding needs of the ei nghborhood. C?ocumentaton of L�e'r,�berry's assessment of these existing documents will be completed in Phase 2 and 'ti+v-ill be included in the Drainage Report delverables within Phase 3 and Phase 4 of the project.We have years of experience in re'vielewing development applications on behalf of the City through the Engineering Development iel,v Seri ices contract and are knowledgeable of the specific drainage issues the City faces and of the current master plans that buide de'lelopment. Prelimfinary Rain• -on -grid Analysis '�t�e ti�ill use a c%')mbinan cif existing hydrologic master planning along t�vith a Rain-un-grid analysis forthe project area utilizing HEt-RAS 2C. HEC-RAS 2131PI provide the design team with information on plu+vial flooding in the prcje•ct area that may be missed using a basin delineatic•n approach and CUHP1SWMM rr,odels. Plu�,vial flooding o refers to IocaliZed floding due to ponding in natural or man-made low lying Areas or obstructions prior to reaching the storm, se�lver system or natural creep drainagies.. This 2C model will be used to 'Validate existing master planned improvements and highlight priority areas within the neighborhood for storm, system impro'vements. Previously, FLO-2C�utili'7ed for modeling flood ris}; ,as ikhin tt-�e City. f'Ao'.ving the modeling to HEL-ERAS provides benefits to the Clhv including accessibility of the model due to HEE-F.S being a free publicly available soft'vvare. Additionally, FLO-21D is a node base software, whereas �ECTII�N 3: L.PPR4ACH TQ FROJEGT 9 Agreement Professional Services Page 10 Updated 5/2024 Docusign Envelope ID: E5F3392C-63D3-4D79-6CDA-617CCB2CF6D0 R?oFC��aL F':;F'Th-E 1'!E}T EnC3T.�Rh!V;A'ER':�;F�A5T4U�TU�E REF'Lx�E1dEP:T - GE51CP. pTY OF ASPEN RFPt1075-128 Phase I Design Development Schedule and Quality Control Survey Data collection •troill occur as a portion Dea';berry has provided a revised schedule of Phase 3, prior to the 30% design. C}ur based on the effort outlined. While the final subconsultant, True hJarth Colorado, LLC ;ill be prepared to sur.ey the approximarel_,• 1 S0 acre project area. 30%Drainage Report and Construction Documents Deliverable The item_ dicussed abo•;� r:ill be documented and included in the Project drainage report. This will include an assessment of the existing master plans, revie'. of assumption_, and documentation of decisions. The design concept will be dewelcped to a 304v c'e=igr; lel,eel v.'itl^, grading and major elements sho���;n on the plans with concept le•l;el design =of major details. Voe anticipate that these 'scuments will include: • Site plan • Project Grading • Detention Plan f Surface Impro:�em�nt_. * Storm Ses�';er Plan and Profile submittal deadline in Chi; schedule is aggressi,•e,. it is achievable —allowing for potential weather deloYs and City review time. If this deadline needs to be adjusted,. Des,",,berr:• •t1velcomes the opPortunity to discuss it with the Cl De�,�;berry ,tiill implement a corr,prehensi•:e project hvlanagement Flan and a Quala nagement'System (QN1"?). Our QMS has been cerxifed by t4ational Quality' Assurance tan ANAB. accredited oraanication;i to comply fully with I S 0 90C►1:2015 standards. This multi -faceted, project - specific system guides our protocols for project planning, communication, meetings timeline,, schedules, duality control, safety, constructabilit , and cost management. tiroill re•ioie•rothis approach in more detail r;ith the City during the project klcl:off meeting. Agreement Professional Services Page 11 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 D T8141"Ma Duration June 2Jy hr, t SKteTter dcb. r:�ee far Ce' ter lrur ra[r Apr? a M M ! M. M M N a M etAe M 1 Notice to Proceed 11 day _ 2 Phase I&InwtttoryAnalysis Udays - _ _ ..._ lick Off Mee tin& (on site) - �1 day - 7R5 3 EGsting WAR Review !2 days ♦ S Existing Master Plan and System '2days Assessment Review PreliminaryRain-on-Grid Analysis ill days 6 7 Phase2-1111wafng -- ----- --'4D days It Regional water Quality Wittation 17 days 9 __- Smrm PJpe Improvements 110days td Surface Infrastructure Ways Summary Memo - 7dayt 11 ----- ----- ------J-- --- --- -- Submit Memo'1daY CityRevtew ------.._ _ 2wits ---- MZ 12 13 14 _ _ RavlewMeeting (virtwl) 'Lday Photo 3 • Design Development — '6 days— 15 ._— ---------_ ... -- 30% Drainage Report 13 days 309 Construction Documents 4x5cs is 17 Progress Meeting [virtu]) Lday Il 1a 30%Submittal --- Lday_ City Ravitw_ 3 %As 19 20 Review Meeting (on site) Lday Phase4• Final Design (Not Part of This ScoI70 days 5un'ey Data COI'Cctlon 3 v.M13 Pothole (weather dependent) 2 ales Survey Pothole Daw 1 x'r: 100% Drainage Report 13 mars 100 Construction Documents 4wits Progress Weting (virtual) Lday t� E1 ----�} 21 22 23 24 25 26 27 28 Progress fileeting (virtual) Lday 1/29 29 100i5 Submittal Lday City Review 3 xia Review Ncctina (on situ) Lday 30 31 32 I Final Sub mittai 1 day - ♦n 33 Tarr,—_']� Prgc:[Sum+wry I"---_.___..� WntW Tent swlb* C Clem[" i Proven: Asper[ West End Stem) 5:'Ir. 91: : L: 11„jr knu,,, lok th" Talk; -__ -. __ tivaew}mrr 1� tnrlwrdr 7 PN�ac GaiL Thu 7l3125 rl 6im�t ♦ aumva Yienare 6Wua trannary Gawp Enemal lnls .. N3nuaf Progm n Cdve`-wrn'ay I I MalmA 3w+.nay 6urnJ skid e O Page 1 Agreement Professional Services Page 12 Updated 5/2024 Docusign Envelope ID: E5F3892C-63D8-4D79-8CDA-617CCB2CF6D0 EXHIBIT B: FEE SCHEDULE SECTION 5: FEE PROPOSAL & SCHEDULE EXHIBIT B - COST ESTIMATE Scope of Services and Schedule of Fees Ulent: City of Aspen Project: West End Stormwater infrastructure Replacement Project ID: P8053102 Date: June 17, 2025 Dewberryi 6x ENt EN7 ENS EN3 EN2 D52 CD2 AP3 Dian Markup &diet Task 12 Task 1.3 Task 1.4 Fiisini Master Plans and System A:sessmert aniea Prelimirary Asir o"rid Analysis Prd zt ManagemenVKc4 DO Meeting LO 3.0 -11.0 /A 6.0 d 0 8.0 2.0 6A 21.0 6.0 320 560 (L0 49) S 200A0 $ $ $ - 1100 $ $ S 7,6h].00 15,930.00 41031.06 Submhl Phase 1 9 14 16 46 102 0 0 4 $ 200.00 It 12.00 $ 310412,00 Phase 2: Planning Task 2.1 Task 2.2 Task 2.3 Task 24 Task 2.5 Negloral Water Q"ity Evalaation Scarm Pipe Improvements Surtace Infraciructure Sumrnary Memo Ptvj l Mmagement/Aeriaa Meeting 2.0 2.0 20 1.0 4,0 b.0 6.0 b.0 0IU 10.0 8.0 10.0 80 2.0 120 1021 12A 10.0 2.0 410 420 4R0 "0 Lo 2.0 $ $ $ $ $ - $ $ S $ 11,670.00 30,960.00 12,490.00 10142Q00 Subtotal Phaae 2 11 22 311 /6 17a 0 0 2 $ Phase 9: Design Development Task it Task 3.2 Task 3.3 30% Drainage Repat bldrvenble 30% Corntnadiarr Documents Delwrabe Maiect 6lanagemenklProgress hieetings!PV.iaw fltg. 6.0 8.0 30 12D 28.0 12-0 2" 60 L" 36A 6A 36.0 72-0 fl0 wo 60A 2D $ 200.00 $ $ $ 1200 $ S S 14,410A0 soatiMm 4,261.00 lubtotah Phan 3 17 40 46 62 116 tt 60 2 S 200.00 $ 12,00 $ 70,372.00 TOTAL 37 76 102 154 396 88 60 8 S 400 00 S 24,00 $ 149j784,00 Agreement Professional Services Page 13 Updated 5/2024