HomeMy WebLinkAboutresolution.council.022-26RESOLUTION #022
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND DESIGN WORKSHOP INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO0
WHEREAS, there has been submitted to the City Council a contract for
professional design and engineering services, between the City of Aspen and
Design Workshop 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
professional design and engineering services in the amount of $358,000.00,
between the City of Aspen and Design Workshop 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 1 Oth day of March 2026.
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, March 10, 2026.
Nicole Henning, CityC'lerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
AGREEMENT made the 9th day of February, 2026.
BETWEEN the City:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Design Workshop, Inc.
22860 Two Rivers Rd. #102
US
970-925-8354
For the Following Project:
Wheeler Node Security
CITY �►F #%or
City of Aspen Contract No.: 2026-072
Contract Amount:
Total: $ 358,000.00
If this Agreement requires the City to pay
an amount of money in excess of
$1005000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work and Fee Schedule.
The City and Professional agree as set forth below.
City Council ApnrI:
Date: 03/10/2026
Resolution No.: 2026-022
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l . 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.
Professional's services are based on the standard of care ordinarily exercised by design professionals
practicing in the same or similar locality under the salve or similar circumstances and professional
license. Professional does not warrant or guarantee any particular outcome or result from the services
provided, including but not limited to the absolute prevention of vehicle intrusion into pedestrian
areas. The effectiveness of crash -rated bollards and security systems depends on numerous factors
beyond Professional's control, including but not limited to proper product selection by manufacturers,
proper installation, ongoing maintenance, vehicle speed and mass, and site®specific conditions.
Professional's services are limited to design and consulting services only. Professional shall not be
responsible for the means, methods, techniques, sequences, or procedures of construction, or for
safety precautions and programs incident to construction. Professional shall not be responsible for the
acts or omissions of contractors, subcontractors, or any other persons or entities performing or
furnishing any work or materials for the Project.
2. Completion. Professional shall commence Worlc 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 April
30; 2027, subject to extension for causes beyond Professional's reasonable control, including but not
limited to delays in City review and approvals, changes in scope requested by City, delays by other
consultants or contractors, adverse weather conditions affecting site access, unavailability of products
or materials, and governmental actions or restrictions. Professional shall provide prompt written
notice to City of any anticipated delay and the parties shall agree in writing to an appropriate extension
A time.. 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
proj ect. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded
by the Professional.
3. Payment. Inconsideration 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 A 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. Additional services beyond the Scope of Work set forth in Exhibit A, including but not limited
to services required due to changes in scope, redesign required due to City -directed changes, or
services related to disputes or claims, shall be compensated as additional services at Professional's
then -current hourly rates upon written authorization by the City. 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-Assi,onability. 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
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A 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 and payment
in full of all amounts owing to the Professional, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement (the "Instruments of Service") shall become the property of the City. for
use solely in connection with this Project. Professional shall retain ownership of its standard details,
specifications, and design methodologies. The City acknowledges that any reuse or modification of
the Instruments of Service for purposes other than this Project, or use of incomplete documents, shall
be at the City's sole risk, and, to the extent authorized under Colorado law, the City agrees to
indemnify and hold Professional harmless from any claims arising from such reuse or use of
incomplete documents. Professional makes no representations as to the adequacy of such documents
for any use other than the purposes for which they were originally prepared under this Agreement.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss m connection with and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
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 (each an "Indemnitee" and collectively "Indemnitees"),
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, which arise out of or are m any manner connected with this contract, but only to the
extent and for an amount represented by the degree or percentage such injury, loss, or damage is
caused by, the negligent acts, errors, or ommissions 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 in the performance of professional services under this Agreement,
or which arises out of any workers' compensation claim of any employee of the Professional or of
any employee of any subcontractor of the Professional. Notwithstanding the foregoing, Professional
shall not be required to indemnify the City or any other Indemnitee for claims, damages, losses or
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expenses arising out o£ (a) the failure of the crash -rated bollards or other safety systems to prevent
vehicle intrusion or pedestrian injuries if such failure results from improper installation, maintenance,
operation, or modification by the City or its contractors; (b) the City's selection of bollard locations,
spacing, or coverage areas that differ from Professional's recommendations; (c) incidents occurring
after the useful life of the installed systems as specified by the manufacturer has expired; or (d) the
City's decision to proceed with the Project despite Professional's warnings or recommendations
regarding design limitations or safety concerns. The Professional agrees to investigate, handle,
respond to, and to provide defense for and defend against, any such liability, claims or demands, but
only to the extent that such liability, claims or demands fall within the scope of Professional's
indemnification obligations as set forth above. Professional shall have the right to select defense
counsel subject to City's reasonable approval. If the Professional does not provide such defense, then
the Professional shall, pay the City or reimburse the City for the reasonable defense costs incurred by
the City in connection with, such liability, claims, or demands that are determined by the final
judgment of a court or competent jurisdiction to fall within in the scope of Professional's
indemnification obligations. The City agrees that the Professional is only providing design services,
not construction services and not maintenance services. The parties acknowledge that under the
Colorado Governmental Immunity act, "[a] dangerous condition shall not exist solely because the
design of any facility is inadequate. C.R.S. § 2440403(1.3). With respect to any claim that the City
believes falls within the scope of the Professional's indemnification obligations, the City shall assert,
and shall not waive, its sovereign immunity.
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
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.
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(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
alI 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
(52, 000, 000. 00) aggregate with respect to each Professional's, 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.
(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
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.
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(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.
11. Completeness of A,gr-eement. 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,
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
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indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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 btv. 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 Contin,�;ent Fees; Gratuities; Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts,
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
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
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obligations herein, this Agreement shall be contingent upon the availability of those fiends 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
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
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.
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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 and costs.
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�ardin� 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. Integ_ration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City.
Any such Agreement or modification to this Agreement must be in writing and be executed by the
parties hereto.
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
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
Services hereunder meets these standards, Professional may be required to demonstrate
compliance upon reasonable notice and no more frequently than once per year, unless the City has
a good faith basis to believe non-compliance has occurred. The Professional shall indemnify the
CITY pursuant to the Indemnification section above in relation to the Professional's failure to
comply with §§24-85-101, 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 §2445403(2.5).
27. Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[X] See attached Exhibit A.
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28. Authorized Representative. The undersigned representative of Professional, 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.
29. Order of Precedence of Contract Documents. The terms and conditions set forth in the City
of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of the parties.
I additional or different terms or conditions, whether contained in bid packets, documents, order
forms, or any other document or communication pertaining to the agreement will be binding upon
either party unless accepted in writing by an authorized representative of that party. In the case of
conflicts or inconsistencies between the City of Aspen Standard Form of Agreement and any other
document attached thereto which cannot be resolved by giving effect to both provisions.
documents shall control in the following order of precedence: (1) any written amendments or
change orders executed by both parties; (2) Exhibit A and any other exhibits specifically negotiated
between the parties; (3) the City of Aspen Standard Form of Agreement; and (4) any other
attachments or referenced documents.
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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 ASPEN / —Signed'by: COLORADO:
By:
PVf-
Pete Strecker
Title: City Manager
3/13/2026 � 12:15:47 PM MDT
Date:
Approved as to form:
uSigned by:
City Attorney s Office
PROFESSIONAL:
—Signed by:
Q�U
Bye
Mike Albert
Title: Principal
Date: 2/26/2026 � 4:35:14 PM MST
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Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
Project Description
Aspen City Council selected the “Secure the Perimeter” security design alternative at the October 6,
2025 work session. This security plan for the Wheeler intersection uses crash-rated bollards along the
edge of the plaza, minimizing impacts on the historic brick to establish a consistent and visible safety
boundary. The following scope describes a comprehensive list of services to prepare drawings and
achieve city approvals for this security design. While the following narrative is organized in a linear
manner, many of the sub-tasks may proceed in a parallel or concurrent fashion. The scope of work to
be performed by Design Workshop (Landscape Architect), Sherwood Design Engineers (Civil Engineer),
Evolve Structural Design (Structural Engineer), Stutsman-Gerbaz, Inc. (Cost Estimator), and Manifest
Communication (Outreach Strategist) in connection with this agreement is as follows:
Scope of Services
TASK 1 – DESIGN DEVELOPMENT
The general objective for this task is to take the approved security approach through the Design
Development phase with final design and details, bollards selections, colors, controller systems,
footing and historic brick repair. The specific tasks to be completed are as follows:
1. Develop tree protection plans illustrating existing trees and other plant materials to be
protected during the construction. Coordinate with Civil Engineer on site demolition plans
illustrating existing hardscape and landscape areas that will be demolished or preserved.
2. Prepare working drawings and specifications to reasonably conform to applicable codes and
regulations of governmental bodies having jurisdiction over the work at the time the work is
prepared. Prepare plans, cross sections and elevations for pedestrian and special vehicular
pavements, entries, site furnishings and other site elements that are a part of the proposed
landscape development and not a part of building structures.
3. Review and select materials and technical systems with potential fabricators and contractors
in alignment with client’s crash-rating preference.
4. Prepare working drawings that describe how the historic brick interfaces with the proposed
bollards.
5. Prepare outline technical specifications for the above-described landscape elements of the
project.
6. Coordinate with Civil Engineer on site grading and drainage for all areas including flow lines
and drainage devices. Indicate utility alignments, elevations, dimensions, materials and
details for proposed features.
7. Coordinate with Structural Engineer on bollard footings.
8. Conduct internal Design Development Quality Control Reviews for aesthetic and technical
content.
9. Distribute 50% DD set to relevant CoA departments for comments.
The following drawings, at appropriate scales, will be provided at each submittal, unless otherwise
noted:
• Cover Sheet
• L0 Series – General Information and Notes
• L1 Series – Vegetation Protection/Removal Plan
• L3 Series – Site Materials Plan
• L7 Series – Site Details and reference sections, drawn at appropriate scales, to show the
landscape intent.
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
• Outline technical specifications. NOTE: Design Workshop services do not include preparing
Division 00 and 01 Specifications as part of its services. Client shall include Division 00 and
01 specifications adequate for the Project as part of its agreement with its contractor and
shall provide Design Workshop with a copy of the Division 01 Specifications.
SUBCONSULTANT DRAWINGS will be incorporated into deliverables:
• Site Civil Engineering Plans and Details (for demolition plan, grading and drainage plan, utility
plans, and details)
• Site Structural Engineering Plans and Details (for bollard footings)
• Design Development level opinion of probable construction cost
DELIVERABLES:
1. 50% Design Development Documents, Outline Technical Specifications, and Opinion of
Probable Cost
2. 100% Design Development Documents, Outline Technical Specifications, and Opinion of
Probable Cost – Permit Set
TASK 2 – CONSTRUCTION DOCUMENTATION
The general objective for this task is to prepare final documentation drawings and specifications that
incorporate the most current information regarding construction practices, client approved plan and
cost estimate, permit set comments, and product specifications. The specific tasks to be completed
are as follows:
1. Refine working drawings and specifications to reasonably conform to applicable codes and
regulations of governmental bodies having jurisdiction over the work at the time the work is
prepared. Refine plans, cross sections and elevations for pedestrian and special vehicular
pavements, site furnishings and other site elements that are a part of the proposed landscape
development.
2. Refine installation details of selected materials and technical systems with potential
fabricators and contractors.
3. Conduct internal Construction Document Quality Control Reviews for aesthetic and technical
content, and revise plans per reviews.
4. Coordinate drawings with all subconsultants. Review all Subconsultant drawings and plans
for conformance to Design Workshop’s design intent.
5. Provide Technical specifications (for improvements and/or site features described by the
above listed drawings) in standard CSI format. (General Conditions, Special Requirements,
Division 00 and Division 01 Specifications General Requirements shall be provided by Client.)
6. Distribute 50% progress set to relevant CoA departments. Track redlines and responses.
The following drawings, at appropriate scales, will be provided at each submittal, unless otherwise
noted:
• Cover Sheet
• L0 Series - General Information and Notes
• L1 Series - Vegetation Protection/Removal Plan
• L3 Series – Site Materials Plan
• L4 Series – Site Layout Plan
• L7 Series – Site Details and reference sections, drawn at appropriate scales, to show the
landscape intent.
• Outline technical specifications. NOTE: Design Workshop services do not include preparing
Division 00 and 01 specifications as part of its services. Client shall include Division 00 and
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
01 specifications adequate for the Project as part of its agreement with its contractor and
shall provide Design Workshop with a copy of the Division 01 Specifications.
SUBCONSULTANT DRAWINGS:
• Site Civil Plans and Details (for demolition plan, grading and drainage plan, utility plans, and
details)
• Site Structural Plans and Details (for bollard footings)
• Construction Documents level opinion of probable construction cost.
DELIVERABLES:
1. 50% Construction Document Set, Technical Specifications, and Opinion of Probable Cost
2. 100% Construction Document Set, Technical Specifications, and Opinion of Probable Cost
3. Bid documents – Prepare bid tabs and documents necessary to facilitate project bidding.
4. Bid selection assistance – Participate in evaluation of bids and selection of a preferred
contractor.
TASK 3 – OUTREACH
Purpose
The goal of this communications strategy is to ensure that key audiences (including downtown
businesses, the Commercial Core & Lodging Commission (CCLC), local media, and the general public)
are aware of and understand the Pedestrian Mall security improvements, the project timeline, and
anticipated impacts.
Because the security design has been reviewed and approved by Aspen City Council and is highly
technical, outreach during this phase is primarily informational and educational. The emphasis is on
transparency, predictability, and reinforcing the City’s proactive approach to public safety, rather than
soliciting new input on design decisions.
This strategy supports the design development and construction document phase of the project and
anticipates additional, more intensive outreach prior to and during construction to minimize disruption
to businesses and the public.
Communications Objectives
• Clearly communicate what is happening, why and when it is happening
• Reinforce the City of Aspen’s proactive investment in public safety
• Reduce uncertainty for businesses and stakeholders
• Provide consistent, reliable information at key project milestones
• Coordinate closely with the City of Aspen Communications team
Core Message
The City of Aspen is proactively improving safety at the Pedestrian Mall through thoughtful, long-term
design solutions that protect pedestrians, support emergency access, and respect the Mall’s historic
character.
Target Audiences and Tactics
1. Business Owners and Downtown Stakeholders
Objectives
• Ensure awareness of the project and anticipated timeline
• Reduce uncertainty and concern about future construction impacts
• Provide clear points of contact and reliable information sources
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
Tactics
• Stakeholder Briefing Event: Host an invitation-based event for business owners, CCLC
members, and media to explain the project, its rationale, and anticipated timeline. Potential
formats include:
o Site walk and discussion (season-dependent)
o Open house or happy hour at the Wheeler Opera House Vault Bar lobby
o Lunch-and-learn to accommodate dinner-only restaurants
• Direct Business Outreach
o City representative visits to adjacent businesses with a one-page project overview
o Coordination with the Aspen Chamber Resort Association (ACRA) to distribute
information through existing business communication channels
o Targeted mailing or email outreach to businesses using ACRA distribution lists
• Digital Information Hub
o Dedicated project page on Aspen.gov with:
Project overview
Timeline and milestones
Renderings or diagrams (as appropriate)
FAQs and contact information
2. Commercial Core & Lodging Commission (CCLC)
Objectives
• Keep CCLC informed and aligned
• Leverage commission members as conduits to the business community
Tactics
• Formal presentation at a CCLC meeting outlining project status, timeline, and
communications approach
• Ongoing coordination with CCLC leadership to identify effective business outreach methods
• Invitation to stakeholder briefing event
3. Local Media
Objectives
• Provide accurate, contextual information
• Reinforce the City’s proactive safety narrative
• Avoid speculation or misinformation
Tactics
• Project Update Press Release
Issue a media release once key approvals or milestones are reached, focusing on:
o Community benefits
o Safety rationale
o Anticipated timeline
• Earned Media Coverage
o Coordination with reporters at Aspen Daily News, Aspen Times, and Aspen Public
Radio for follow-up coverage as the project advances
• Guest Commentary
o Opinion or commentary piece focused on public safety and pedestrian protection
o Potential authors: Aspen Police Department leadership or a recognized
security/public safety expert
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
4. General Public
Objectives
• Build awareness without over-saturating interest during the planning phase
• Provide reliable, easily accessible information
• Set expectations ahead of construction
Tactics
• Updates via City of Aspen communication channels:
o Social media
o City newsletter
• Project updates on Aspen Community Voice
• Earned media placements in local outlets
• Clear messaging that construction-phase impacts will be communicated separately and well
in advance
TASK 4 – MEETINGS + COORDINATION
SKOs: Strategic Kick-Off Meetings (SKOs) are held and the commencement of all projects. The primary
purpose is to inform all team members of the purpose and organization of the project.
• Internal Strategic Kick-Off (DW and subconsultants)
• Client Strategic Kick-Off (Client, DW, subconsultants)
PROGRESS MEETINGS: It is anticipated that DW, Sherwood, Evolve, and Stutsman-Gerbazwill meet
consistently to discuss the project status and coordinate work activities. Other members of the design
consultant team will be brought in as needed (maximum meeting attendance referenced in
subconsultant proposals). The specific tasks to be completed are as follows:
• Prepare meeting agenda including: project management update, technical plan coordination,
product coordination, and deliverables update.
• Prepare meeting summary and distribute to meeting attendees.
• (8) – 1 hour Design Workshop and subconsultant coordination meetings
• (8) – 1 hour Client and consultant coordination meetings
SPECIFIC TOPIC WORK SESSIONS: The following work sessions are anticipated. Any other meetings
will be additional services.
• (4) – 1.5 hours technical work sessions and coordination meetings with CoA departments
(Engineering, Utilities, APD, Sanitation District, Parks, Special Events, Ambulance District,
Fire Department. These may be combined or individual.
TASK 5 – CITY OF ASPEN APPROVAL PROCESS
1. Pre-Application Meeting – The purpose of this task is to establish project feasibility and identify
requirements early. This meeting will occur once 50% DD is complete and will require coordination
with relevant departments (Parks, Engineering, Utilities, Asset, etc.) and thinking through security
system management (power, controls, sensors, evaluation of functionality, etc.).
a. Contact the Community Development Department to schedule an in-person Pre-Application
Conference.
b. Prepare the Pre-Application letter to summarize:
i. Land use review process
ii. Estimated fees
iii. Agencies involved
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
iv. Required submissions
c. Lead the in-person Pre-Application Conference meeting
d. Develop and submit a written response as a follow up to the meeting
2. Land Use Application – Complete land use application submission. Applications are reviewed
under Title 26 and will require compliance with Historic Preservation Design Guidelines and
Commercial Design Guidelines. Most of the criteria will not apply to bollards and we will inquire
about which sections can be responded to as “not applicable”.
a. Prepare Required Forms in compliance with Historic Preservation Design Guidelines and
Commercial Design Guidelines. Respond “not applicable” when criteria do not apply to
security scope.
i. Land Use Application Form
ii. Dimensional Requirements Form
iii. HOA Compliance Form
iv. Agreement to Pay Application Fees
v. Public Notice Affidavit
b. Submit Land Use Application to Community Development Department.
c. Respond to correction letter from Community Development Department. Includes 3 rounds
of revisions.
3. Historic Preservation Commission Review – The Aspen Pedestrian Malls are designated as
historic landmarks requiring HPC approval for any changes. Unlike typical approvals requiring HPC
review and feedback to Council, this project requires a more stringent approval.
a. Prepare presentation materials describing the proposed design and treatment of the historic
resource that describe compliance with Historic Preservation Guidelines (including obtaining
samples and preparing graphics to convey the design).
b. Present at up to 3 HPC meetings.
4. Permitting Process – The permitting phase secures official approvals to begin construction by
submitting applications, drawings, and compliance documents, addressing agency comments
until permits are issued. The 100% DD set, with detailed, coordinated plans and specifications
that meet code requirements, guide contractors, and reduce risks will be used to submit for
permit.
a. Prepare all permit application materials and submit to the Salesforce Permit Portal:
b. Register in the portal (takes up to two business days).
c. Submit permit application and required documents (Construction Management Plan, ROW
permits).
d. Provide responses, as needed, to requests for information and observations as coordinate
responses from subconsultants and respond on the portal
* Additional presentations to P&Z, HPC or Council will be billed as additional services on a time and
materials basis. Council or HPC meetings which are continued beyond meetings listed above are
additional services.
TASK 6 – CONSTRUCTION OBSERVATION
The general objective for this phase of the work is to provide observation of the landscape construction
process for compliance with the drawings and specifications. DW and its subconsultants will make
periodic visits to the site, as specified below, to become familiar with the progress and quality of
construction and to determine whether the construction of the landscape work is proceeding in
accordance with Design Workshop’s design intent and contract documents.
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
During such visits and based on observations while at the site, DW will keep the Client informed of the
progress of construction. DW and its subconsultants will endeavor to secure compliance by the
Contractor to the plans and specifications. However, DW and its subconsultants will not be
responsible for construction means, methods, techniques, sequences or procedures in connection
with the work. DW and its subconsultants may recommend rejection of work to the Client if the
contractor fails to conform to the contract documents. DW and its subconsultants will not be
responsible for the construction contractor’s errors or omissions or failure to carry out the work in
accordance with the contract documents. Any discrepancies shall be brought to the attention of DW
and its subconsultants for clarification. Specific tasks to be completed are as follows:
1. Attend construction meetings, including pre-construction meeting, with contractor and his
subcontractors as part of the site visit schedule. Based on the schedule, scope and
complexity of project, DW is estimating three (3) site visits during construction.
2. To adequately review the structure for general conformance with design, structural engineer
will need to perform a minimum of two (2) site visits during construction (prior to concrete
pours) with one week prior notice and to have the necessary structure exposed and
accessible during the time of our observations.
3. Provide progress reports indicating the progress of the project, quality of construction,
specific problem areas and state of completion.
4. Respond to requests for clarifications.
5. Prepare and submit landscape architecture, civil and structural engineering related
construction change directives or architectural supplemental instructions, as needed, for
items designed by DW and subconsultants.
6. Review and approve product submittals, shop drawings, samples, mock-ups and other
submissions of the contractor for compliance with construction documents.
7. Shop drawing review for bollards, structural steel, foundation elements, concrete reinforcing
and concrete mix designs up to twenty (20) hours of engineering time.
8. Observe paving and other site hardscape (brick, etc.) layouts and quality of workmanship of
materials.
9. Observe landscape grading and drainage including drains.
10. Recommend field adjustments as necessary for compliance with design intent.
11. Review as-built drawings.
12. Conduct a substantial completion walk-through to review contractor punch list.
Initial Information
Client shall provide the following information or services as required for performance of its services.
Design Workshop assumes no responsibility for the accuracy of such information or services provided
by client and shall not be liable for errors or omissions therein but may rely on the accuracy of the
information provided by Client. Should Design Workshop be required to provide services in obtaining or
coordinating compilation of this information, such services shall be billed as additional services.
In order to begin services, Design Workshop will require the following information:
1. Topographic field surveys of the property which include but are not limited to the property
lines, easements, utilities, structures, buildings, one (1) foot contours intervals, etc.
2. A geotechnical report.
3. A copy of current site, structural, civil engineering, plumbing and electrical engineering,
paving, lighting and interiors plans and details.
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
Project Conditions
1. Client/Client Rep. coordination may need extra time if Design Workshop has to coordinate
with multiple stakeholders.
2. Owner project delivery model is assumed to be design-bid-build with single prime General
Contractor. Other delivery models may affect Design Workshop fees (Design-Bid-Build, GMP,
Design Build, etc.)
3. Site improvements including roads, parking areas, curbs and gutters, underground utilities,
final grading, and connections to the engineering drainage plan are designed and
documented by Civil Engineers.
4. Design Workshop uses Autodesk Civil 3D® for design modeling and drawing production. All
CAD products shall be provided to Design Workshop in AutoCAD-compatible formats and
Design Workshop shall not be responsible for inaccuracies in such base data or lack of
coordination of such. Therefore, BIM modeling and drawing production except in Civil 3D is
excluded from Design Workshop’s scope.
5. Design Workshop does not perform construction administration, but will observe progress
and quality of construction, provide interpretations of design documents and advise the
Client accordingly. The term “construction administration” if used in the master agreement
shall not apply to Design Workshop or its subconsultants.
Project Exclusions
The following exclusions are not part of Design Workshop’s base scope of services and shall be
considered Additional Services. Design Workshop will endeavor to solicit approval from the client prior
to commencing services however failure to obtain prior approval does not inhibit Design Workshop
from being compensated at Design Workshop standard hourly rates for producing the associated work.
1. REVISIONS TO SITE AREA OR PROJECT SCOPE OF WORK
a) Design and engineering scope of services required because of changes to the Project
including, but not limited to: changes in size or location of project area, quality and
complexity, schedule, program, or budget.
2. ADDITIONAL GRAPHIC DELIVERABLES
a) Alternate Design directions and/or alternate solutions after the completion of the schematic
design package;
b) Preparation of marketing, fundraising, promotional, and collateral material such as
renderings, graphics, etc. not listed herein;
c) Production of fully-rendered 3D (or physical) model or fly-through.
3. CERTIFICATIONS & PERMITS
a) Services in conjunction with permit submissions, applications, entitlements, and/or
presentations to regulatory agencies except as defined herein;
b) Coordination and documentation of sustainable design requirements, e.g., LEED, Well
Building, Living Building Challenge, or SITES, certification unless contracted.
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
4. VALUE ENGINEERING
a) Value engineering work due to a change in budget allocation or change in budget after
approval/completion of Documents for the Phase;
b) Value engineering work related to delivery of the project by a Construction Manager, GC, or
other such Contractor of the Owner on a “shared savings” basis.
5. BRICK MOCKUPS, REPLACEMENT-IN-KIND:
a) For bricks identified as replacement-in-kind, a physical mockup can be coordinated upon
request. Fees subject to detail and specification requirements, manufacturer and contractor
costs.
6. CONSTRUCTION OBSERVATION (IN ADDITION TO THAT INDICATED IN THE BASE
SCOPE OF SERVICES IN THIS AGREEMENT)
a) Phased document (plans and technical specifications) preparation for phased Construction
Observation services, including “early bid” packages, except as defined herein;
b) Construction observation for discrete projects or items which may begin prior to completion
of construction documents;
c) Additional time required in the construction observation phase other than the hours defined
herein;
d) Deductive or additive change orders requested by Client after the completion of construction
documents;
e) Preparation of record drawings or of measured drawings of existing conditions;
f) Rework of design documents due to misinterpretation by the Contractor, or as the result of
substitution of product or materials specified.
7. MEETINGS AND SITE VISITS
a) In person, web, and site meetings in addition to the number indicated in base scope of
services of this agreement.
8. SUB-CONSULTANT SERVICES
a) Only subconsultants listed herein are part of the scope of services.
Project Team
Design Workshop typically organizes projects in a team format with key responsibilities divided
between the Principal-in-Charge and Project Manager. The key team members for your project are
listed below:
PRINCIPAL-IN-CHARGE: MIKE ALBERT
Mike Albert will serve as Principal-in-Charge of the Aspen Pedestrian Mall Security Implementation and
will have primary responsibility for the overall content and quality of the services performed by Design
Workshop and our consultant team.
PROJECT MANAGER: MEG PLUMB
Meg Plumb will serve as the Project Manager for the Aspen Pedestrian Mall Security Implementation
and will also be responsible for leading the planning and design efforts associated with the work. Their
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
responsibilities will include the coordination of Design Workshop’s in-house design team as well as
regular communication and coordination with all members of the Design Workshop’s consultant team.
Schedule
Design Workshop is prepared to begin services in mid-February upon receipt of a signed copy of this
proposal from an authorized owner’s representative. At this time, the following generalized schedule is
anticipated:
Efficiently organizing the work will be essential to completing the project in a timely fashion. While the
following schedule is organized in a linear manner, many of the sub-tasks may proceed in a parallel or
concurrent fashion.
Fees & Expenses
Compensation to Design Workshop for the services described herein and in accordance with the
conditions of this agreement shall be for a lump sum fee of $342,000.
Design Workshop shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not the construction phase is commenced. When compensation is on a
percentage basis and any portions of the Project are deleted or otherwise not constructed,
compensation for those portions of the Project shall be payable to the extent services are performed by
Design Workshop or its consultants on those portions.
When compensation is on a lump sum, Design Workshop’s fee shall be equitably adjusted if the scope
of the work is increased by change order(s) or the cost or price of construction is increased by at least
10% of the budget. Such equitable adjustment shall be based on the percentage increase in the cost or
price of construction.
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
The estimated fees are as follows:
Design Workshop Sherwood Evolve Manifest Comm Stutsman
Task 1 Design
Development
$35,000 $65,000 $6,000 - $4,500
Task 2 Construction
Documentation
$45,000 $57,500 $4,000 - $4,500
Task 3 Outreach $6,000 - - $17,550 -
Task 4 Meetings +
Coordination
$20,000 $7,500 $6,000 $7,450 $2,000
Task 5 City of Aspen
Approval Process
$30,000 $15,000 - - -
Task 6 Construction
Observation
Time &
Materials
Time &
Materials
$9,000 - -
Total Professional Fees
(Labor Only)
$136,000 $145,000 $25,000 $25,000 $11,000
Reimbursable Expenses
Reimbursable expenses are in addition to compensation for Basic Services. Reimbursable expenses
incurred by Design Workshop and consultants directly related to the project such as, but not limited to:
travel, photography, phone charges, video conference charges, and printing expenses, shall be billed at
Design Workshop’s cost, plus fifteen percent (15%). The following expenses are anticipated:
Design Workshop $2,000 estimate
Includes travel, photography, and printing expenses
Sherwood – Site visits $3,000 per visit.
4 trips anticipated = $12,000
Estimated and based on a per trip basis. Should
additional trips be required they will be based on this
estimated per each.
Evolve – Site visits $450 per visit
Fixed rate includes 60 minutes maximum at site or in
meeting by an engineer, additional time or parties will
be billed at applicable hourly rates
Additional Services
Services in addition to those described above are to be compensated on a Time and Materials basis per
Design Workshop’s current published rate schedule. Additional services will include, but are not
limited to: redesign of previously approved work, major revisions to program, and/or expansion of
scope of services. Whenever practical, changes, additions, or modifications to the scope of services
TOTAL $358,000
Plan for $2,000
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
shall be authorized by written change request; however, the absence of such a written change order
shall not act as a bar to payment of fees due Design Workshop, provided the change was in fact
approved and ordered by the Client.
Taxes
Any taxes or fees (local, state, or federal) based on gross receipts or revenues will be added to amounts
due under this contract.
Additional Notes
If any contractor, governmental authority, building department, or any other third-party requests or
requires that changes be made to the Construction Documents prepared by DW, then Client shall
notify Design Workshop of the same before any such changes are made. In the event Client, Client’s
contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be
made any changes to any documents prepared by DW or its consultants without obtaining DW’s written
consent, or in the event of termination of this Agreement consistent with the terms herein, Client shall
assume full responsibility for the results of and any damages caused by such changes. Therefore,
Client agrees to waive any claim against DW and to release DW from any liability arising directly or
indirectly from such changes not consented to by DW. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless DW, including DW’s consultants, from any damages,
liabilities or costs, including reasonable attorneys' fees and costs of defense, arising from such
changes.
Unless required solely as a result of DW’s failure to follow the applicable laws in place at the time when
the 100% Design Development Documents and 100% Permit Sets were originally prepared, any
changes to the design requested or required to be made after DW’s completion of the set of 100%
Design Development Documents and 100% Permit Sets shall be an Additional Service and shall be
performed on a time and materials basis.
In the event Client uses DW’s work product without retaining DW to either finalize the Construction
Documents or to perform construction observation services, Client releases DW and DW’s
consultant(s) from all claims and causes of action arising from such uses. Client, to the fullest extent
permitted by law, further agrees to indemnify and hold harmless DW and its consultants from all costs
and expenses, including the cost of defense and attorneys’ fees, related to claims and causes of action
asserted by any third person or entity to the extent such costs and expenses arise from such use of the
documents by Client.
Client shall include in its agreement with the contractor a warranty on behalf of the contractor that its
work will conform to the requirements of the plans and specifications prepared by Design Workshop
and any other applicable contract documents. Client shall also include in its agreement with the
contractor a requirement that the contractor not deviate from or change Design Workshop’s design
without prior written approval from Design Workshop. Client shall provide Design Workshop with a
complete copy of the executed agreement between Client and the contractor, including all exhibits,
specifications, and addenda.
It is assumed for purposes of this Proposal that either the Client or Representative, Contractor or a
separate consultant retained by the Client will act as the Construction Administrator or Manager. DW’s
role during Construction Observation does not include any administrative or project management
responsibilities.
Client understands that construction observation is a part of DW’s process and its subconsultants
process and enables DW to observe the construction in progress at appropriate intervals to inform the
Docusign Envelope ID: B205423F-30C1-4958-ACBB-0DD2A6C8F349
Proposal for Aspen Pedestrian Mall Security Implementation
Aspen, Colorado
January 28, 2026
owner of the progress and quality of the work. Construction observation services also enable DW to
instruct and inform the contractor and owner of any issues observed and create a record of any
problems observed. If Client does not retain DW to perform construction observation services, then
Client understands and accepts the risk that the failures by the contractor to properly follow and
implement the design intent of the contract documents may be missed.
Payment Terms
1. This is a lump sum contract and will be billed monthly as a percentage completed for each
phase of the work.
2. Invoices will be mailed from Design Workshop’s office by the 10th of each month. Invoices are
payable within 30 days of the date of billing. Invoicing shall be specific to each major task and
will describe the completed portion of the services.
3. Extensive itemized breakdowns of hourly activities or provision of detailed backup for
reimbursed expenses for accounting purposes are not a normal procedure; however, at the
Client’s request, Design Workshop will provide this service at an hourly rate of $65 (sixty-five
dollars) per hour.
Acceptance
1. This Agreement is entered into between Design Workshop, Inc. and City of Aspen, owner or
reputed owner of the property to be benefited by Design Workshop’s services.
2. If this contract meets with your approval, please sign below and return one (1) copy for our
file.
3. If this agreement is not accepted within two (2) months from the date of receipt, the offer to
perform the described services may be withdrawn and Design Workshop may renegotiate this
proposal.
4. The Client agrees that they have read and understood the Contract Provisions attached hereto
and incorporated herein by reference.
DESIGN WORKSHOP, INC.
By: _____________________________________________________ Date: ____________________
Title: _____________________________________________________
APPROVED BY CLIENT
By: _____________________________________________________ Date: ____________________
Title: _____________________________________________________
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