Request for Proposals

Project Number 2017-063
Public Outreach Services associated with
Improving Resiliency of Aspen’s Integrated
Water System

Due Date: 2 PM, May 30, 2017

130 South Galena Street
Aspen, CO 81611
(970)920-5079
www.aspenpitkin.com
Rebecca.Hodgson@cityofaspen.com

 City of Aspen
Request for Proposals

REQUEST FOR PROPOSALS
Sealed proposals will be received by the City of Aspen Purchasing Department through the Bidnet
Direct website, www.bidnetdirect.com, until 2:00p.m., May 30, 2017, at which time the proposals
will be opened and reviewed, for the following City of Aspen project:
Public Outreach Services associated with Improving Resiliency of Aspen’s Integrated
Water System.
The project will include, but is not limited to: professional public outreach services to discuss
alternatives for improving Aspen’s water resiliency. The City of Aspen is seeking professional
services by a consultant or consultant team (referred to herein as Vendor) to assist in gathering
public input and disseminating information about Aspen’s integrated water system. This effort
will utilize a Technical Advisory Work Group (TAWG), and will include extensive public outreach
and input.
Complete proposal packages are available to download or from www.bidnetdirect.com Vendors
must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603
if you need assistance registering.
To submit, an electronic copy of the Proposal as a PDF or Word file, must uploaded to the Bidnet
Direct website, www.bidnetdirect.com. The file name must include the City’s project number and
offeror’s name.
The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests
of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all
Proposals submitted.
Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of
the documents that are submitted to the City of Aspen may be deemed public records subject to
examination and inspection by third parties. The City of Aspen reserves the right, at its sole
discretion, to release for inspection or copying any document, plan, specification, proposal or other
writing submitted pursuant to this request.
Discussion may be conducted with responsible Offerors who submit Proposals determined to be
reasonably susceptible to be selected for award for purpose of clarification to assure full
understanding of, and responsiveness to the solicitation requirements.

In addition to price, the criteria set forth in the Instruction to Offerors and any specific criteria listed
below, may be considered in judging which Proposal is in the best interests of the City: Related
experience; project understanding; overall effectiveness of proposal; and ability to meet
timeline.
BY ORDER OF THE CITY OF ASPEN, COLORADO
Rebecca Hodgson, Purchasing

 City of Aspen
Request for Proposals

Table of Contents
1.0 Introduction ........................................................................................................................................... 4
1.1 Project Description and Background .................................................................................................. 4
2.0 RFP Process ........................................................................................................................................ 5
2.1 Communication ................................................................................................................................... 5
2.2 Proposal Submission ........................................................................................................................... 5
2.3 Schedule .............................................................................................................................................. 6
2.4 Selection Criteria ................................................................................................................................. 6
3.0 Scope of Work ...................................................................................................................................... 7
4.0 Proposal Format .................................................................................................................................. 8
5.0 Legal ...................................................................................................................................................... 9
6.0 Exhibits ................................................................................................................................................ 10

 City of Aspen
Request for Proposals

1.0 Introduction
The purpose of this Request for Proposals (RFP) is to solicit professional public outreach
services associated with improving the resiliency of Aspen’s integrated water system. The City
of Aspen is seeking professional services by a consultant or consultant team (referred to herein
as Vendor) to assist in gathering public input and disseminating information about Aspen’s
integrated water system. This effort will utilize a Technical Advisory Work Group (TAWG), and
will include extensive public outreach and input. Work associated with this RFP is desired to be
completed by February 1, 2018.
1.1 Project Description and Background
Aspen’s Water Utility is charged with ensuring the City has a legal, safe and reliable water
system to meet all of its customers indoor and outdoor uses, now and in the future. Since 1965,
Aspen’s integrated water system has included water rights for reservoirs on Maroon and Castle
Creeks. The lack of raw water storage has long been recognized as a system vulnerability. The
City of Aspen has a responsibility to identify and mitigate this known risk by implementing a
long-term water plan that ensures sufficient water for a reasonable range of possible futures
facing Aspen. At this time, reservoirs on Maroon and Castle Creek are identified in Aspen’s
long-range planning as necessary system improvements to meet water management
requirements. Because these reservoirs would likely have large social and environmental
impacts, Aspen City Council would like to explore other alternatives to increase the resiliency of
the integrated water system. City Council directed Staff to engage citizens and stakeholders in
discussing alternatives for meeting Aspen’s long-range water needs (see Attachment C for
Resolution 141 Series of 2016).
Aspen retained the services of the Consensus Building Institute (CBI) to engage the community
and stakeholders about concerns that they would like to discuss and ways in which they would
like to engage with the City. CBI’s report is attached to this RFP as Attachment D.
CBI recommended a collaborative process that includes a Technical Advisory Working Group
(TAWG) to assist the City in an effective outreach program. In addition, they recommended a
robust public process to engage the community. It is noted that CBI recommended a 1-year
engagement process for the TAWG. Work associated with this RFP is desired to be
completed by February 1, 2018. If it is determined that additional input is required
through the collaborative process, then an additional SOW will be developed.
In its assessment, CBI recommended that the collaborative process include 1) a Technical
Advisory Working Group (TAWG) and 2) a robust, topic-driven public engagement.
The Technical Advisory Working Group will consist of stakeholders appointed by the City
Council. The role of the TAWG will be to engage with the City in detailed discussions and
provide input on technical aspects of the City’s integrated water system.
In addition, the City wishes to engage the public through many venues to solicit the community’s
concerns about its water future, gather ideas for inclusion in the integrated water system, and
educate the public on the issues being studied. It is desired that the public process be designed
so that participants can focus on specific issues in an organized and efficient manner.

 City of Aspen
Request for Proposals

This effort to gather information for the update of the Water Plan will require discussion of the
following proposed topics:
 Water System Demand
This topic focuses on refining the projection of the future water requirements of the
community. Input will be needed on specific topics, such as: Population Trends,
Conservation, Environmental Considerations, Economic Impacts, Climate Change, Natural
Disasters and System Operations
 Water Availability and Risk
The City will discuss levels of risk as identified by its consultant, Headwaters Corporation.
Headwaters Corporation is currently developing a tool using probability distributions to
determine the City’s greatest areas of vulnerability. It is anticipated that this tool will be used
to discuss risk mitigation with the TAWG and the general public.
 Water Supply Alternatives
A large outreach effort will be undertaken to collect alternatives for securing Aspen’s water
future. Interested parties will be invited to submit ideas. This is an opportunity to think in
and out of the box for solutions. Creative, innovative, industry trending and implementable
concepts are encouraged.
 Alternative Reservoir Locations
A large outreach effort will be undertaken to identify alternative locations for the Maroon
Creek Reservoir and Castle Creek Reservoir. Interested parties will be invited to submit
ideas.
 Alternatives Evaluation and Development
It is anticipated that the TAWG will provide input on criteria, constraints and weighting
factors to use when selecting the best alternative, or group of alternatives, to meet the
needed water system improvements identified during the risk analysis. A screening matrix
will be developed to determine which alternatives are viable. Viable alternatives will be
identified and ranked according to weighted scores.
2.0 RFP Process
2.1 Communication
Questions must be posted on the Bidnet Direct website, www.bidnetdirect.com. Answers are
posted online for all Offerors to review and consider. It is the Vendor’s responsibility to check
the website for Q&As, addendums, and other important information.
Vendors may contact Rebecca Hodgson at Rebecca.Hodgson@cityofaspen.com or 970-9205079 for questions regarding the procurement process or uploading proposals.
2.2 Proposal Submission
Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The
electronic submission must be compiled into a single pdf or Word document. The name of the
document must contain the City project number and firm’s name.
The deadline for submitting responses to this RFP is 2:00pm, May 30, 2017.

 City of Aspen
Request for Proposals

2.3 Schedule
The proposal, evaluation and selection schedule is as follows:

Item

Milestone Dates

Final Questions Due
Proposals Packages Due by 2:00 PM
Interviews (if necessary)
Notification of Selection
Signed Contract Due
City Council Approval
TAWG and public meetings
City Council Presentation(s)
Final Recommendations and next steps

05/17/2017
05/30/2017
06/06/2017
06/09/2017
06/16/2017
06/26/2017
07/01/2017 – 12/31/2017
TBD
2/01/2018

2.4 Selection Criteria
The criteria for selection shall include but may not be limited to the following:
 Team Experience: 35%
 Team organization
 Team experience (public processes)
 Team experience (water related experience, especially Colorado municipal water
issues)
 Project understanding: 25%
 Understanding of Project Scope
 Sensitivity to local water issues
 Local connection and responsiveness, especially for meeting facilitator
 Overall effectiveness of process: 25%
 Robust engagement strategy
 Creative and innovative forms of engagement
 Clarity of process design
 Communication tools
 Ability to meet timeline: 5%
 Demonstration of team commitment to project
 Ability to provide appropriate resources to meet project timeline
 Price: 10%

The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests
of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all
Proposals submitted.
Discussion may be conducted with responsible offerors who submit Proposals determined to be
reasonably susceptible to be selected for award for purpose of clarification to assure full
understanding of, and responsiveness to the solicitation requirements.

 City of Aspen
Request for Proposals

3.0 Scope of Work
The Scope of Work associated with this RFP includes the Public Outreach component desired
to solicit input and promote collaboration and transparency as the City develops innovative
strategies for increasing the resiliency of its integrated water system. The City of Aspen requires
a Vendor to assist in the development of its collaborative process, implementation of the
process and development of recommendations. Work Items will include:
Task 1: Process Design – Vendor will offer support and expertise in creating a public
participation process that will involve the community, interested parties, staff and other technical
consultants. The assessment provided by CBI (attached) should be used as a starting point.
Task 1 Deliverables:





Help Staff identify important community groups (Rotary, etc.) so Staff and Vendor
can do direct outreach with them in the form of a speakers series.
Help Staff identify groups to reach-out to for public process education who may not
seek out involvement in the update. When these groups are identified, the Vendor
should help Staff provide educational components tailored specifically for these
groups.
Work with City Council, staff and project participants to build consensus around best
alternatives for improving Aspen’s water resiliency.

Task 2: Call to Participate: The Vendor will assist Staff in a “call to participate” to parties
interested in collaborating with the City to increase the resiliency of its integrated water system.
Generate interest and promote community participation. Develop methods to facilitate the
effectiveness of the Technical Advisory Working Group(TAWG). Develop and launch a project
website that provides transparency in the process, encourages broad public participation,
archives files, and shares project milestones and updates
Task 2 Deliverables:





News releases, email alerts, social media and other methods of communication
Facilitate formation of the TAWG
Develop and launch a website for participation, communication and process updates
Implement process for engaging the public

Task 3: Meeting Facilitation – Vendor will facilitate TAWG meetings and other meetings as
identified during the Process Design. Aspen reserves the ability to select a local facilitator
to assist with meeting facilitation. Address in your proposal how a local facilitator could
best be integrated into your project team and the associated cost implications.
Task 3 Deliverables:






Work with staff to design a structured process to include timelines, meeting agendas
and specific outcomes for each meeting.
In-person facilitation of meetings
Development and procurement of materials, exhibits, etc. for meetings
Summary memos for each meeting
Update website and outward communication of TAWG progress

 City of Aspen
Request for Proposals

Task 4: Communications – Vendor will prepare outreach materials for participants,
stakeholders, policy makers and media.
Task 4 Deliverables:





Vendor will create formats for public outreach, including design of interactive website
and other online formats, invitations to participate, surveys and media alerts.
Creative ideas are encouraged for the engagement of a diverse group of community
members and stakeholders.
System for tracking participant responses and participation.
At least three in-person meetings with City Council to present recommendations and
findings.

Task 5: Public Relations Expertise – Vendor will provide team member(s) with deep
experience in advising staff and policy makers on presenting technical information to the public
in a relatable manner. It is preferable that this experience include discussion of municipal water
topics.
Task 5 Deliverables:




Provide input into the process design and implementation
Guide project messaging
On-going support, to include meetings with City staff and policy-makers

Task 6: Recommendations and Findings – Vendor will prepare three reports throughout the
project
Task 5 Deliverables:




Report One: Summary of TAWG Findings and Public Process
Report Two: Summary of Alternatives Analysis
Report Three: Final Recommendation at the end of the project summarizing key
issues, items of consensus and policy recommendations.

4.0 Proposal Format
All proposals will follow the format as outlined below. Failure to do so may result in
disqualification.
Section 1 - Introduction

Introduce companies and staff to be
included as the project team. Include
resumes, certifications, awards, and
education. Include contact person name,
phone number and email address for
purposes of this procurement process

Section 2 - Qualifications

List previous experience of project team
members for this specific type of work. List
previous experience of project team

 City of Aspen
Request for Proposals

members with Colorado specific water
projects.
Section 3 - Proposal

Explain proposed Approach and Process
to be used to attain the objectives of this
request in depth. Include any additional
steps or services you would propose to
make this a more comprehensive process,
or a more useful final deliverable.
Deviations from the Scope of Work
outlined above are acceptable if they will
produce a more effective, innovative,
and/or engaging process.

Section 4 - Timeline

Completion schedule including milestones
and deliverable submission dates.
Demonstration of team’s commitment to
the project and ability to provide resources
to meet project timeline.

Section 5 – Fee Proposal

Outline the estimated total budget based
on the proposed scope of services,
detailing the budget for each portion of the
project, and specifying rates for various
individuals and/or entities. Also include the
fee schedule for completion of additional
services if additional services were to be
requested.

Section 6 – References

Include a minimum of five references that
include project name, year work
completed, contact name, phone number
and email address.

5.0 Legal
5.1 The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests
of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all
Proposals submitted.
5.2 Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all
of the documents that are submitted to the City of Aspen may be deemed public records subject to
examination and inspection by third parties. The City of Aspen reserves the right, at its sole
discretion, to release for inspection or copying any document, plan, specification, proposal or other
writing submitted pursuant to this request.
5.3 In order to fully understand the legal parameters of the City’s procurement process and
contractual requirements, Respondents must review Exhibit A Instructions for Offerors of
Professional Services and Exhibit B Professional Services Agreement.

 City of Aspen
Request for Proposals

5.4 By participating in the City’s procurement process, you are agreeing to the terms and
conditions of the procurement process and the legal parameters of doing business with the City
without change.
6.0 Exhibits
The following files are attached for your use and reference as needed to properly respond to the
RFP request:
 Exhibit A – Instructions to Offerors of Professional Services
 Exhibit B – Professional Services Agreement
 Exhibit C – City of Aspen Resolution 141, Series of 2016
 Exhibit D – CBI Consensus Assessment

 THE CITY OF ASPEN
INSTRUCTIONS TO OFFERORS
OF PROFESSIONAL SERVICES

1.

The City of Aspen has advertised to invite Professionals to submit sealed Proposals as more
fully described in the Request for Proposals. The following instructions have been prepared
to assist Offerors in the preparation of their Proposals. These instructions may be altered by
the City whenever it is deemed necessary in the best interests of the City.

2.

The Contract Documents for this project shall consist of the following documents:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.

Request for Proposals (Public Notice and Letters to Potential Offerors).
Instructions to Offerors.
Addenda, if any.
Proposal submitted by Offeror.
Proposal Bond Forms, if any.
Qualification Form, if any.
Notice of Award.
Agreement.
Scope of Work, if not set forth in the Request for Proposals.
Notice to Proceed.

3.

Information contained in the Contract Documents, as completed during the contract award
process, shall be the basis for the Proposals, and nothing shall be deemed to change or
supplement this basis except for written revisions to the above documents issued by the City
of Aspen.

4.

The City reserves the right to reject any or all Proposals or accept what is, in its judgment,
the Proposal which is in the best interest of the City’s. The City further reserves the right, in
the best interests of the City, to waive any technical defects or irregularities in any and all
Proposals submitted, and to negotiate contract terms with the Successful Offeror, and the
right to disregard all nonconforming, nonresponsive or conditional Proposals. Discrepancies
between words and figures will be resolved in favor of words. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in favor
of the correct sum.

5.

The cost of proposal preparation shall be borne solely by the persons or entities submitting
proposals.

6.

The following procedures or steps shall be followed after the issuance or publication of
Request for Proposals:

1

 A.

Reference is made to the Request for Proposals to determine if a pre-Proposal
conference will be scheduled, and if so, where and when. If a pre-Proposal
conference is scheduled, attendance at the pre-Proposal conference is
mandatory unless prior authorization is given by the City. The costs of
attendance at a pre-Proposal conference shall be borne entirely by the
Offeror.

B.

Reference is made to the Request for Proposals to determine how complete
Proposal Packages may be obtained.

C.

Before submitting a Proposal, each Offeror must (a) examine the Contract
Documents thoroughly, (b) visit the site, if any, to familiarize her/himself
with local conditions that may in any manner affect cost, progress or
performance of the Work, (c) familiarize her/himself with federal, state and
local laws, ordinances, rules and regulations that may in any manner affect
costs, progress or performance of the Work; (d) familiarize her/himself with
the unique weather conditions of the City of Aspen and surrounding area that
may affect costs, progress or performance of Work; and (e) study and
carefully correlate Offeror's observations with the Contract Documents.

D.

Reference is made to the Request for Proposals for the identification of those
reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of
the Work which have been relied upon by the City of Aspen or a consultant
in preparing any Drawings or Specifications. These reports are not
guaranteed as to accuracy or completeness, nor are they part of the Contract
Documents. Before submitting her/his Proposal each Offeror will, at her/his
own expense, make such additional investigations and tests as the Offeror
may deem necessary to determine her/his Proposal for performance of the
Work in accordance with the time, price and other terms and conditions of
the Contract Documents.

E.

Reference is made to the Request for Proposals to determine the place, date,
and time for delivering sealed Proposals for this project.

F.

Proposals shall be submitted at the time and place indicated in the Request
for Proposals and shall be included in an opaque sealed envelope, marked
with the Project title and name and address of the Offeror and accompanied
by the Proposal Security referenced below and other required documents. If
the Proposal is sent through the mail or other delivery system the sealed
envelope shall be enclosed in a seperate envelope with the notation
"PROPOSAL ENCLOSED" on the face thereof. Proposals submitted by

2

 facsimile machine (FAX) or email shall not be accepted or considered.
G.

Reference is made to the Request for Proposals to determine if Proposal
Security shall be required for this project. If a Proposal Security is required
then each proposal must be accompanied by Proposal Security made payable
to the City of Aspen, in an amount of five percent (5%) of the maximum
Proposal price and in the form of a certified or bank check or a Proposal
Bond (on form attached, if a form is prescribed) issued by a Surety.
The Proposal Security of the Successful Offeror will be retained until such
Offeror has executed the Agreement and furnished the required Payment and
Performance Bonds, if any are required by the Supplemental General
Conditions, whereupon it will be returned; if the Successful Offeror fails to
execute and deliver the Agreement and furnish the require Performance and
Payment Bonds, if any are required, within fifteen (15) days of the Notice of
Award, the City of Aspen may annul the Notice of Award and the Proposal
Security of that Offeror shall be forfeited. The Proposal Security of any
Offeror whom the City of Aspen believes to have a chance of receiving the
award may be retained by the City of Aspen until the earlier of the seventh
day after the "effective date of the Agreement" (which term is defined in the
General Conditions) or the sixty first (61) day after the Proposal opening.
Proposal Security of other Offerors will be returned within seven (7) days of
the Proposal opening.

H.

Reference is made to the Request for Proposals for any Proposal Forms that
may be required to be completed as part of the Proposal. Proposal Forms, if
any are required, must be completed in ink or by a printer/typewriter. The
Proposal price must be stated in words and numerals; in case of a conflict,
words will take precedence. Proposals by corporations must be executed in
the corporate name by the president or a vice-president (or other corporate
officer accompanied by evidence of authority to sign) and the corporate seal
must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the
signature. Proposals by partnerships must be executed in the partnership
named and signed by a partner, whose title must appear under the signature
and the official address of the partnership must be shown below the
signature.

I.

Proposals may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Proposal must be executed) and delivered to
the place where Proposals are to be submitted at any time prior to the
opening of Proposals. If, within twenty four (24) hours after Proposals are
opened, any Offeror files a duly signed written notice with the City of Aspen

3

 and promptly thereafter demonstrates to the reasonable satisfaction of the
City of Aspen that there was a material and substantial mistake in the
preparation of her/his Proposal, that the Offeror may withdraw her/his
Proposal and the Proposal Security will be returned. Thereafter that Offeror
shall be disqualified from submitting a Proposal.
J.

At the place, date and time fixed for opening Proposals, all Proposals
received prior to that time shall be opened and reviewed. All Proposals shall
remain open for a period of thirty (30) days, but the City may, in its sole
discretion, release any Proposal and return the Proposal Security prior to that
date.

K.

The City shall then evaluate each Proposal in the best interests of the City of
Aspen. The proposals shall be evaluated to determine which are the most
advantageous to the City of Aspen taking into consideration price, the
evaluation factors set forth at Section 3-14(f) of the Aspen Municipal Code,
and any factors set forth in the Request for Proposals.

L.

Prior to accepting a Proposal, the City may decide to interview one or more
Offerors to negotiate final contract terms for inclusion in the Agreement.

M.

To demonstrate qualifications to perform the Work, each Offeror must be
prepared to submit within five (5) days of a request, financial data, previous
experience or evidence of authority to conduct business in the state of
Colorado. Notwithstanding any language to the contrary contained in any
Request for Proposals, professionals shall not be required to divulge any
information they deem to be confidential regarding previous clients, work
performed, or cost of said previous work. The request, if any, for financial
data is intended solely to help assess the professional’s capacity and
qualifications to work for the City.

N.

Upon determining the successful Offeror, the City of Aspen shall send to the
Successful Offeror a Notice of Award notifying the recipient of the City's
acceptance of the Offeror's Proposal, subject to the City Manager or City
Council approval of the Contract Documents. The Notice of Award shall also
forward to the presumptive Successful Offeror three (3) unexecuted copies of
the Agreement with instructions to execute and return the same to the City
within ten (10) days or risk having their Proposal declared abandoned. If the
proposed Agreement shall be for an amount in excess of $25,000.00, the City
Council at its next regularly scheduled meeting following receipt by the City
of the duly executed copies of the Agreement shall be asked to consider
approval of the Agreement and authorize the Mayor of the City of Aspen to
execute the same. If the proposed Agreement shall be in an amount equal to

4

 or less than $25,000.00 the City Manager shall be asked to consider approval
of the Agreement by executing the same.
O.

Upon receipt of all documents required by the Notice of Award and upon
approval of the Agreement by the City Council or City Manager, the
Successful Offeror shall be sent a Notice to Proceed along with a copy of the
Agreement duly executed by the City Manager or Mayor of the City of
Aspen.

7.

All purchases of supplies, construction or building materials shall not include Federal Excise
Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado
tax identification number is 98-04557. The City of Aspen's Federal Tax Identification
Number is 84-6000563.

8.

There are specific indemnity and insurance requirements which the Successful Offeror must
comply with prior to the start of Work for this project. These requirements are set forth in
detail in the Agreement.

9.

The submission of a Proposal will constitute an incontrovertible representation by the
Offeror that he has complied with every requirement of these instructions and that the
Contract Documents are sufficient in scope and detail to indicate and convey understanding
of all terms and conditions for performance of the Work.

10.

Reference is made to the Request for Proposals for the identity of the City of Aspen's project
manager(s) who will coordinate all aspects of the selection process. All questions about the
meaning or intent of the Contract Documents shall be submitted to the project manager(s) in
writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the
project manager(s) as having received a Proposal Package. Questions received less than ten
(10) days prior to the date of Proposal openings may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.

11..

By submitting an offer or bid, 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 it does not employ illegal aliens.

instruc3.bid – version 6/07

5

 CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009

PROFESSIONAL SERVICES
City of Aspen Project No.: ____________.

AGREEMENT made as of _____ day of _____________, in the year _______
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o ________________
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
_________________________
c/o _______________________
__________________________
__________________________
Phone: ____________________

Total:

$____________

If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________

For the Following Project:
___________________________________________________________

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.
Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2.
Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
__________________. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3.
Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4.
Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums
due which may be due to any sub-contractor.
5.
Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6.
Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this
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 Agreement by the Professional, and the City may withhold any payments to the Professional for the
purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7.
Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the performance of the services agreed to
herein.
8.
Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9.

Professional's Insurance.
(a)
Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations

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 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)
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 FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
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 nonowned 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.

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 (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.
(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 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

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 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 13-98,
pertaining to non-discrimination in employment.
14.
Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15.
Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16.

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

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 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.
(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.

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 (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 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,

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 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
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18.

General Terms.
(a)
It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b)
If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c)
The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.

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 (d)
This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
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 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.

CITY OF ASPEN, COLORADO:

PROFESSIONAL:

________________________________

______________________________

[Signature]

By: _____________________________
[Name]

[Signature]

By: _____________________________
[Name]

Title: ____________________________

Title: ____________________________

Date: ___________________

Date: ___________________

Approved as to form:
_______________________________
City Attorney’s Office

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 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT

 

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EXHIBIT PROFESSIONAL SERVICES AGREEMENT

Fee Schedule

 

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