HomeMy WebLinkAboutresolution.council.049-18 RESOLUTION# 49
(Series of 20'18)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MERRICK AND COMPANY 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 the
design of a Tiehack Road Waterline, between the City of Aspen and Merrick and
Company, 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 design of a Tiehack Road Waterline between the City of Aspen and Merrick
and Company, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED b _the City Council of the City of
Aspen on the 26'" day of March 2018. i
Steven Skadr n, Mayor
I, Linda Manning, 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 26, 2018.
' c
Linda Manning, City Cler c
the City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 CitYAOorneYtfllfice
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2018-50571.
AGREEMENT made as of 26"day of March, in the year 2018.
BETWEEN the City:
Contract Amount:
The Cit-of Aspen
c/o Water Department
130 South Galena Street Total: $57,741.00
Aspen, Colorado 81611
Phone: (970)920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Merrick until it has been approved by the City
Council of the City of Aspen.
c/o
2480 West 260i Avenue_. B225 City Council Approval:
Denver, CO 80211
Phone: 303-964-3333 Date: March 26, 2018 p
Resolution No.: L �I o
For the Following Project:
Design Services for 12" Tiehack Tank \%tater Line Feed
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Agreement Professional Services Page 0
The City and Professional agree as set forth below.
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 within five (5) days of 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. 2018.
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. Pavment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to
by the parties the payments made to Professional shall not initially exceed the amount set forth above.
Professional shall submit. in timely fashion. invoices for work performed. The City shall review such
invoices and, if they are considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill. The City shall pay Professional the
amount due within thirty(30) days of the City's receipt and approval of Professional's invoice.
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 stuns due which may be due to any sub-
contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by
the City prior to acceptance by the City whenever for any reason and in its sole discretion the City
shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the Professional
Services component of this Agreement; without specifying the reason therefor, by giving notice, in
writing, addressed to the other party, specifying the effective date of the termination. No fees shall be
earned after the effective date of the termination. Upon any termination, all finished or unfinished
documents. data. studies, surveys, drawings, maps, models, photographs, reports or other material
prepared by the Professional pursuant to this Agreement shall become the property of the City. Nohvithh-
standing the above. Professional shall not be relieved of any liability to the City for damages sustained by
the City by virtue of any breach of this Agreement by the Professional. and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of damages
due the City from the Professional may be determined.
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7. Indevendent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be,and shall perform as, an independent Contractor who agrees to use his
or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the work
are under the sole control of Professional. None of the benefits provided by City to its employees
including,but not limited to,workers'compensation insurance and unemployment insurance,are available
from City to the employees, agents or servants of Professional. Professional shall be solely and entirely
responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors
during the performance of this contract Professional shall indemnify City against all liability and loss in
connection with, and shall assume fill 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.
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 which are caused by the services of Professional in performing this
contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or
damage is caused by the wrongful act, omission, error, professional error, mistake, negligence, or other
fault of the Professional, or any officer, employee, representative, or agent of the Professional or anyone
for whom Professional is legally liable, 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.
8. 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-
Agreement Professional Services Page 2
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers'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 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 Workers' 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 TWO MILLION
DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property
damage(including completed operations),personal injury (including coverage for contrac-
tual and employee acts), blanket contractual, independent contractors, products, and
completed operations.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 ONE MILLION DOLLARS ($1,000,000.00)
aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, 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. Professional shall provide thirty (30) days' prior written notice
to the City when the coverages afforded under the policies will be canceled, terminated or
materially reduced.
Agreement Professional Services Page 3
(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 seg., C.R.S., as from time to time
amended,or otherwise available to City,its officers,or its employees.
9. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Professional reasonable notice of any changes in its membership or participation in CIRSA.
10. 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.
11. 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.
12. 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 13-98, pertaining to non-discrimination in
employment
13. 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.
14. 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
Agreement Professional Services Page 4
Mayor of the City of Aspen(or a duly authorized official in his absence)following a Motion or Resolution
of the Council of the City of Aspen authorizing the Mayor(or a duly authorized official in his absence)to
execute the same.
15. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House
Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes
relating to the employment of and contracting with illegal aliens. These new laws prohibit all
state agencies and political subdivisions, including the City of Aspen, from knowingly hiring
an illegal alien to perform work under a contract,or to knowingly contract with a subcontractor
who knowingly hires with an illegal alien to perform work under the contract. The new laws
also require that all contracts for services include certain specific language as set forth in the
statutes. The following terms and conditions have been designed to comply with the
requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, that is administered by the United States Department of
Homeland Security.
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii)Professional has participated or attempted to participate in the Basic Pilot Program
in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees without
confirming the employment eligibility of all such employees hired for employment in
the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
Agreement Professional Services Page 5
(iii) Professional has verified or has attempted to verify through participation in the
Federal Basic Pilot Program that Professional does not employ any new employees who
are not eligible for employment in the United States; and if Professional has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract
for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days of the date of
the Public Contract. Professional shall continue to apply to participate in the Federal
Basic Pilot Program and shall in writing verify same every three (3) calendar months
thereafter, until Professional is accepted or the public contract for services has been
completed, whichever is earlier. The requirements of this section shall not be required
or effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while the Public Contract for Services is being
performed.
(v) If Professional obtains actual knowledge that a subcontractor performing work
under the Public Contract for Services knowingly employs or contracts with a new
employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days that
Professional has actual knowledge that the subcontractor has newly employed
or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the new employee who is an illegal alien;
except that Professional shall not terminate the Public Contract for Services
with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Colorado Department of Labor and Employment undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen
may terminate the Public Contract for Services. If the Public Contract for Services is so
terminated, Contractor shall be liable for actual and consequential damages to the City
of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise.lawfully present in the United States pursuant to federal law, (2)
shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one
Agreement Professional Services Page 6
of the forms of identification required by CRS 24-76.5-103 prior to the effective date of
this Agreement.
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 (1) year thereafter shall have any interest, direct
or indirect, in tltis 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:
I. 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.
16. 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
17. 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.
Agreement Professional Services Page 7
(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 froth time to
time in effect.
(e) Force Majeure. Neither party shall be in default of its obligations if performance is
prevented or delayed by an existing or future force majeure condition or any other cause beyond
the reasonable control of a party to this Agreement including, without limitation, act of
government, act of God,meteorological phenomenon,power failures or blackouts,strike,shortage
of labor or materials, insurrection, embargo, fire, flood, earthquake, electromagnetic interference,
explosion, riot, wars or armed conflicts, rebellion, civil disobedience, sabotage, epidemic,
emergencies or natural disasters. The affected party shall be entitled to an equitable adjustment in
schedule and/or fees for such delay.
18. 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 ground that it is an electronic record or electronic
signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the date
first written above.
Agreement Professional Services Page 8
CITY 0 ASPEN,COLORADO: o PROFESSIONAL:
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Agreement Professional Services Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
ANALYSIS REQUIRED BY SELECTED CONSULTANT: The following analysis will be
required of the selected consultant in order to meet project objectives. Additional or substitute
analyses may be proposed. If substitute methods or information are proposed, the Offeror should
identify those areas where additions or substitute methods are recommended and why.
• ANALYZE THE EXISTING AREA: Become familiar with the project site. Analyze any
existing mapping and recently completed project history. Perform site visits and, if necessary,
contact property owners. Establish survey control. Determine any and all fitting locations as
necessary for design, specifically those fittings are the terminus of the Tieback Bridge
infrastructure on the Tiehack/Buttermilk side of the bridge and proposed connection point near the
Tieback Tank and Pump Station(see attached drawing).Determination of the accuracy of provided
documents through field research including potholing, excavation, or otherwise exposing critical
portions of the pipe section is required. A line item within the proposal should propose a daily rate
for potholing or excavation activities. Two days of potholing are anticipated, subsequent days will
be paid at the lump sum rate.
e PREPARE A CONSTRUCTION PLAN: Prepare an appropriate Construction Plan Set and
permit applications including set of plans which at a minimum:
➢ Identifies all existing facilities.
➢ Meets all City of Aspen Water Distribution System Standards.
D Illustrates the proposed alignment for the new 12"DIP.
➢ Demonstrates the relationship between all existing and proposed infrastructure.
➢ Written weekly project status updates.
➢ Prior to submittal of any Design Drawings background research for a "Pre-design submittal"
will be submitted the winning Consultant will:
1. Compile a list of all utilities in the project area based on Line Locates, and discussions
with each Utility.
2. Visit the project to gather evidence of overlooked utilities and the location of service
laterals (pedestals,manholes, valve boxes, service shut off,etc). The new line may cross
existing services but will have no proposed services.
3. Provide a detailed drawing of the existing conditions from information garnered from
the meetings, site inspection, and survey. The Consultant will include in the drawing hatched
areas where there is a potential conflict with utilities, such as proposed standard variances,
proposed areas of excavation or areas in close proximity of any new underground utilities. The
drawing will include notes for each utility providing an opinion as to the needs to relocate. The
drawing will also depict all public and private ROW'S within the subject area.
➢ 30% 60% and 90% design drawings, and associated progress meetings with Staff will be
required for constructability review and coordination with any and all other utilities in the area.
Please see the requirements at each Submittal stage and for progress meetings.
At a minimum 30%(preliminary plan set)design drawings will include:
Title sheet, project data,plans index
Agreement Professional Services Page 10
Check/verify the survey data and plot the data for conformity and accuracy.
Typical sections(as necessary for City of Aspen permitting) and general notes(existing and
proposed)
Plan and profile (at 1"=20')
All known surveyed existing utility alignments including all ditches.
Prepare all necessary typical sections (where necessary).
Determine preliminary earthwork data.
Landscaping, electrical and irrigation.
All known and required easements identified on the 30%design drawings.
Identify known utility conflicts.
Prior to proceeding to 60%design drawings a meeting with City Staff is required to confirm that
alignments are acceptable and any project coordination between City and the HOA can be
addressed at this meeting.
At a minimum 60%design drawings will include, in addition to the requirements previously identified
in Preliminary Plan Set (30%Design Drawings), the following shall be completed by the Consultant
and/or provided to the City:
Plan drawings at 60% complete design and revised as necessary, to include decisions made
during the 30%design review meeting,and any red-lines from utility providers,and City Staff.
Tabulated quantities. quantities will be tabulated for new infrastructure items including, but
not limited to,pipes fittings and appurtenances (including valves,bends,tees,trenching,backfill),
roadway, landscaping and drainage elements for the City bid tabulation.
Incorporate right-of-way requirements and easements into the plans.
Prepare updated opinion of probable cost. Item numbers,descriptions, units,and quantities
will be as per CDOT(or other staff approved) format.
Prepare cross sections as required,or requested,for special features such as driveways,
culverts, and intersections.
Prepare special details,which include but are not limited to culverts, inlets,detention ponds,
outfall protection,erosion control,and riprap(where ditch or storm-water devices are impacted.
Show ownership information on plan sheets.
The 60% design review submittal shall include general plan notes and project special
conditions.
The Consultant will transmit plans to the City for distribution to affected utility companies as
well as coordinate and review details for shallow utility relocations. The '60%design review
plans shall indicate existing and proposed utility relocations.
Agreement Professional Services Page i 1
60% design review plans and review meeting
Transmit plans (electronic or paper as necessary) to affected agencies as directed by Staff prior
to design review meetings.
Attend and discuss additions or revisions to plans and special provisions. Consultant shall
conduct the 60% design review meeting and distribute minutes to participants within 5 working
days of meeting.
Prepare project technical specifications. Project special provisions and technical specifications
shall be prepared using CDOT(or other staff approved) format.
The Consultant shall make necessary corrections to the plans and special provisions following .
the 60%design review meeting and as requested by the City.
a.
b.
c.At a minimum 90% design review plans and specifications will include in addition to the
requirements previously identified in this scope of work,the following shall be completed and/or
provided to the City:
Plan drawings at 90% complete design and revised as necessary, to include decisions made
during the 60% design review meeting.
Finalize quantities; document with worksheets.
Finalize tabulated quantities. Quantities will be tabulated for roadway, landscaping, drainage,
and utility elements for the City bid tabulation.
Prepare final opinion of probable cost. Item numbers, descriptions, units, and quantities will
be as per CDOT(or other staff approved)format.
Prepare finalized specifications. project special provisions and technical specifications shall be
typed in CDOT (or other staff approved) format The City shall provide the Consultant with a
copy of the standard contract document and the Consultant shall incorporate all project technical
specifications and special provisions into the contract document.
Finalize cross sections as the City of Aspen requires for project plans. Supplemental cross
sections as required for special features such as drainage crossings and potentially at driveway
aprons.
Finalize special details which include but are not limited to traffic signals, inlet protection,
culverts, inlets, detention ponds,outfall protections,erosion control, and riprap.
Finalize landscaping plan along with restoration strategies, electrical, and irrigation.
Confirm ownership information on plan sheets.
The 90% design review submittal shall include general notes and project special provisions.
The 90% Submittal shall include a construction management plan that includes at a minimum
an erosion and sedimentation control plan, traffic control plan, and ensure all customers are kept in
service during construction.
The 90% submittal must also include a narrative describing disinfection, flushing and pressure
testing procedures for all infrastructure these are to be consistent with AWWA C-651-14 or most
recently adopted AWWA Standard.
The Consultant will transmit plans to the City for distribution to affected utility companies as
well as coordinate and review details for shallow utility relocations. The 90%design review plans
shall indicate existing utilities and proposed utility relocations.
Agreement Professional Services Page 12
Final Drawings:
In addition to the requirements previously discussed in the scope of work,The project will deliver
special provisions and detailed quantities. The Consultant shall provide a tabulation of bid items
that shall be in a unit price format.
The Consultant shall also prepare a final opinion of probable construction cost for the project,
which shall be submitted to the City prior to the pre-bid meeting.
The Consultant shall prepare a construction contract package in CDOT(or other staff approved)
format using City standards and procedures and include the following sheets, as appropriate:
1. Title sheet including plans index.
2. CDOT(or other staff approved)standard plan list.
3. Typical sections.
4. General notes.
5. Any special details including Maroon Creek Club HOA details.
6. Erosion control plan as a separate plan sheet(s).
7. Storm-water management plan as a separate sheet(s).
8. Survey control.
9. Project special provisions with index sheets.
10. Cross-sections shall be included in the plan set of the bid documents and shall be
marked: "for information only".
11. Summary of approximate quantities.
12. Individual quantities tabulation.
13. Special details.
14. Plan and profiles(at 1"=20').
15. Utility plan and profile sheets.
16. Landscape and irrigation plans.
17. Construction details including utility details.
18. Written narrative of proposed testing procedures.
Agreement Professional Services Page 13
In addition to the plan sheets,the special provisions shall be provided. This will consist of unique
project special provision, that have to be written specifically for items,details and procedures not
adequately covered by CDOT's Standard'Specifications. This includes unit definitions for all items
identified on the bid tab.
➢ Progress meetings:
The City and the Consultant Project Manager(s) will meet periodically in order to discuss the
project issues and status. Notice .for meetings and meeting agenda shall be prepared and
distributed by the Consultant. The progress meetings will be used to review progress,
coordinate work activities and to resolve outstanding problems. The following will be
reviewed at each meeting:
a. Debriefing of issues brought up by the public,
b. Update of activities completed since the last meeting.
C. Problems encountered and recommended solutions.
d. Review of design and any new alternatives to be considered.
e. Discuss if any delays are anticipated in accomplishing various tasks and
re-define necessary timelines for their completions.
f. Schedule upcoming meetings and events.
g. Discuss and update the schedule (revise if necessary).
h. When a definable task is discussed during a meeting, the minutes will
identify the "Action Item," identify which agency is responsible for
accomplishing it, and the proposed completion date.
In general, all reports and submittals must be approved by the City of Aspen Project Manager
prior to using their content in follow-up design efforts. The City of Aspen Project Manager
will notify the Consultant within 10 working days with approval or redirection.
In addition to the above meetings and the Consultant shall provide a weekly summary of
activities via E-mail referred to as a"Weekly Project Status"this shall include but not be
limited to tasks accomplished the previous week,milestones achieved, and plans for the
following weeks activities it should include any issues identified from the previous weeks
work and action items requiring responses for the following weeks activities.
➢ Address all recognized drainage impacts and improvements(Per City of Aspen requirements).
➢ Recommended phasing(if necessary).
➢ Include any-other plan sheets necessary for the construction.
➢ Address all City of Aspen permitting concerns.
➢ Legal Descriptions for any necessary easements.
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
WORKSHEET
City Of ASPEN-DESIGN OF 22"WATERLINE FEED TO TIEHACK
Agreement Professional Services Page 14
Estimate-DESIGN Phase Services
FEBRUARY 28,2018-UPDATED PER COA REQUEST 031318-AR
MILEAGE EXPENSE HOUR
WORK ITEM/PERSON 150.575/mile) S BILLING RATE COST
Pre-De5�ghmeeG
Dednn Duero-ler ? ' -� - h 2 , $195 F $350:00
Y'zLStatUP
Dean Derosier � ., 4 90�:$SINS 8�.3, $175 },�� $1,451'75
.M' 1,0111VIcUum
lin v a f 2 215 $660:00.
Dean Derosier : 155'25N <6
$ub"ytPosho lol hues '2;days = y 2 $1 0 . ` ; $3,500.00
DE Vera.
-
Dean Derosier'Analysis and U41ty Locates 90 $ 175 �� $175 $1,451:75=
VONv�}•�1.'v.�Z�i� Y . l T J L b•F 4 5
Ron411111 Laughlin i n�l r 5215 r $215:0 i0
2_.
�,` •-oY +iti.' :': �-•`.ci y.•..Evor - ,a,
P SIteAd E1In :Serve2ge..'mt5, �.i^FF.1<`���' f-f_c "Y-Yr AFF (.ulv y 1Y�• �2
Title and Property Search;New Easements,and Control r�r� R tic z� y r s F
PR VATEUTILI` TYgg�LOCATED Six �w��� JL5'v : rr ?�
�t� -?�9x3i ,.� 3<-�""� kr� •�'+'��.����1��i �l``�'���UE'=Y.-. A$1+rt�vD_.£
�,r��,s ����_ a_�fir'` '`^= � - *.�-.s> �ry�-�.sr1t,w " -n •� r -" x.� ,� 512 000 0
< ✓�,.�'
xn<-:.'.r.. "AL�W^� •rG�b^-K,y f f?.�+� ""�'�siti'"r�a, ''s'�' Ltr� 'a't -.-r 4 Zcr. x"wj,,o
ti 'w'
# " xdf
sem,
{
Y �•3"
RonMclau Ilnr 'E3r ` + k ° �" '`3f 2 ` $215 < x $
.�-u•,n ..s/ '�- < ,� >.n tr^ 43D•DDr
4i r.�". Cy3 o Yna mx' F -S Zn'M3�.� i a �s•.x y y Ac r it �i 13,dx3t'd;°
� Oean Deros�erf+— '���,�� ��-��"�- � ��s�270�$155�25 ��20-*r��`���`�•�b$175�',� �.•�''��$3 655��
Cay�Bnrt15 '-tea- ��ti��" ,"s.,v-� ��' '��}x yxV y"r" �� fixes '' 9�r Sa S�--.'�"si�3+c-�#ti` � ° s.•`Cfi
"i .a:j.7+�e. .z�"-':�-'1r -•--�"i'zT :Vii,' .. t 'itr;::r^. - .:SCAi �'�c :: .� .'�,_t •.,s•, _
60%Design yy � s r tea' 0.F
°F i2A'1�? �l� -i"' Y" r yYv+3 3t. feA
x'Ron McLaughlin Sx 215 �4u
yDean Derosie ,, .F �+_ �^ � $51 75s,.�.�r;, . 20 .x.i' rt$1751, 0:111
OM
In 55�' i-Y"" +. t3K t .� i«4-. .Burtls a � r r r F� Ss, � rt 8 r , $115 a 592000` „�> > £bra. ' ':»vx�tr' 24 - `^--8 *3594 �-ex . �' �S2 256:OOf
Zg p 12 t
f a%x{.-1 w 3 T
3 a}+-, „s” - a 3-„� 4` W'S
. ,�.......v.P'�'y t'fi<n jc.fy, e
/.< ain. "a ,�sR .�%xc'Y"
9096 Design 4yas r
'u5—on Kce4.
RonMcLaughlin�i yY � � r w � t SmiS3fh� >PG y� z3y u . . z 15 tk r
C< c/F...anVh' �-fir, x"J'�y`1'` ✓ Q.O :'
DeanDerosier x3 w H F '90 $5175h,a^` 20 $175 x ' `'t�^�$3 551:75
M,=z'-
A.
r°-•+tDraftmgyn� +-,r,�"i? k� gr � 5`rs�'� 's �''.far 24 -ter 94 �r z-' 225600
60:00:
Agreement Professional Services Page 15
y's3z- '3'•'s '-�#et+ �,.�eG?+ .x."' ..- ]i ^"` . .tee, -3+-. .
Caordinataion;Bldg Dept,;Soile,;Survey,
CommnLci
Coordination'Meetmgjva homeowners s Y ti
Oean De[osler � � 4 y ` $175 *�� $700
s.
` n�.Dosier 6 r_ $175 ? $1E050:00
Erosion %
= control and Storm Water Management
JIM c — ='8 ,x$175 ,., 1;40 .00
' "'.�^--wt,.`.p
Mlscellaneaus ltemssTime;Allowance��'a `� �' v' „ �� .,� � '. � `.
it'ROn M LaU 1111n > 4`.. sy „3-z rr 2
Z 3 .0
��` >^$?y2Q' _ $4e,
67200
TOTAL HOURS 245
$54,741.0
Total Estimated Budget: 0
Agreement Professional Services Page 16