R-2456 Sand Creek Asphalt Design Evaluation.pdf

RFP 2456

City of Aurora Finance Department Purchasing Services 15151 E. Alameda Parkway, Suite 5700 Aurora, Colorado 80012 www.auroragov.org

Request for Proposals: R-2456 Class/Item: 90625, 90656, 91827, 91843, 91890, 92561, 96258

Date: April 18, 2025

Proposal Deadline: 4:00 p.m., May 5, 2025 (MT) uploaded electronically only to the Rocky Mountain e-purchasing system website.

REQUEST FOR PROPOSALS

Sand Creek Asphalt Design Evaluation

The City of Aurora (“City”) is requesting written proposals from qualified engineering design firms to evaluate multiple cracks and damage on the service road leading to and within the Sand Creek Water Reclamation Facility. Interested Engineering Design Firms are required to provide technical qualifications which are more fully described in the scope of work.

Proposals shall only be submitted electronically through the Rocky Mountain E-Purchasing System (BidNet) at www.bidnetdirect.com/colorado) no later than 4:00 p.m., (MT), May 5, 2025. Please be advised that proposals MUST be submitted through BidNet to be considered responsive. If you need assistance with the registration or proposal upload process, you may call BidNet’s vendor support at 1-800-835-4603 or e-mail e-procurementsupport@bidnet.com. No late proposals will be considered.

Proposal Note: BidNet file size is limited to 2GB per file. Should a proposal exceed that size, make sure to split the document to accommodate the limitation and upload multiple documents if necessary. For any questions or issues contact vendor support above.

PERIOD OF AWARD

The term of the contract shall be from the date of award through a twelve-month period, and upon the expiration of said period, the contract will terminate automatically, without notice, written or oral.

AVAILABILITY OF FUNDS FOR THE NEXT CALENDAR YEAR

Funds are currently not available for the award beyond this current calendar year. Therefore, the City is not obligated under this solicitation beyond this current calendar year. This provision is notwithstanding any other provision of the Request for Proposals addressing or affecting the contract period.

PRE-PROPOSAL CONFERENCE:

A non-mandatory pre-proposal conference meeting is scheduled for April 25, 2025, at 10:00 a.m.

via Microsoft Teams. The purpose of the pre-proposal conference is to provide assistance to interested firms in the interpretation of the Request for Proposal (RFP), Scope of Work, Sample Professional Services Agreement, and other technical and contractual matters. Attendance at the pre-proposal conference is not mandatory but is highly recommended. Please click on the following link to join the meeting:

Microsoft Teams Join the meeting now http://www.auroragov.org/ http://www.bidnetdirect.com/colorado mailto:e-procurementsupport@bidnet.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIzOGIwNDgtY2YzZC00MjY1LThiZmQtODc1YzUzNTVmYmZm%40thread.v2/0?context=%7b%22Tid%22%3a%229cf07bc1-6fa2-4d49-bc93-7acced6cc8d7%22%2c%22Oid%22%3a%2278251f97-5a15-41df-9d1d-b8fc10f5eed3%22%7d

A TENTATIVE SCHEDULE of key dates for the RFP has been established as follows:

April 25, 2025 Pre-Proposal Conference at 10:00 a.m.

April 29, 2025 Questions due by 2:00 p.m.

May 5, 2025 Proposals due by 4:00 p.m.

Week of May 12, 2025 Shortlisted Firms Notified Week of May 26, 2025 Interview Firms Week of June 2, 2025 Award Notice

QUESTIONS

Questions regarding this Request for Proposals shall be addressed to Heidi Casteel Ellis, Contract Administrator, via email at heellis@auroragov.org and Ricardo Lizardo, rlizardo@auroragov.org. All questions and answers will be posted on BidNet via addendum. Questions received after 2:00 p.m., April 29, 2025, will not be addressed. It is preferred that all inquiries be sent with R-2456 on the subject line. Inquiries received after the questions due date and time may not be addressed.

Responses to written inquiries (if required) will be published in the form of an Addenda/Addendum and posted on BidNet.

CONTACTS DURING THE SOLICITATION PROCESS

Any questions, comments or other communications shall be directed to the Procurement Agent identified above in the Questions section. No other contact shall be made regarding this RFP solicitation with any other City of Aurora (City) staff, City Council Members, Agents, Consultant, etc., during the RFP solicitation process. Failure to comply with this requirement may result in the offending Company being removed from consideration.

RFP SOLICITATION PROCESS

This RFP is being solicited under a multi-step procurement procedure consisting of several phases.

The First Phase requires all interested Firms to submit a proposal addressing only those items cited in Section II, Proposal Submittal Requirements of this solicitation. Proposals will be evaluated and ranked based on the evaluation criteria outlined in Section III, Proposal Evaluation Criteria, to select a short list of Firms for further participation and evaluation. Only those Firms who are placed on the short-list, on the basis of the evaluation criteria, will be considered during the Second Phase.

During the Second Phase, interviews may be held with the short-listed Firms, if needed.

Interviews may be waived if a direct selection of a Firm is made based on the unanimous findings of the committee.

Proposals will be considered only from Firms who are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City may request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered non-responsive.

The City reserves the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept the proposal(s) deemed most advantageous and in the best interests of the City.

LICENSES

The successful Firm, without additional expense to the City, shall be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, and municipal laws, codes and regulations in connection with the prosecution of the services. The successful Firm and any sub-consultants, if applicable, will be required to obtain an Aurora Business License.

mailto:njones@auroragov.org mailto:izardo@auroragov.org

Successful Firm will be required to obtain an Aurora Business License. The successful Firm shall provide the Aurora Business License number(s) to the Procurement Agent within thirty (30) days of the contract award.

ADDENDUM TO THE REQUEST FOR PROPOSALS

The City reserves the right to amend by an addendum or addenda to this RFP solicitation, at any time and/or a multiple number of times prior to the date set for receipt of the submission of proposals. Addenda or addendums will only be posted and updated on the Rocky Mountain E- Purchasing System located at www.bidnetdirect.com/colorado. It shall be the responsibility of firms to obtain all addenda’s/addendums from the Rocky Mountain E-Purchasing System.

Parties obtaining proposal information from other sources do so understanding that their information may be incomplete, inaccurate, or out of date and therefore wholly unreliable from a commercial perspective. Firms registered for the paid bidding notification service shall be notified either by fax or email depending on the service that they have subscribed to. It shall be the responsibility of prospective firms registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E-Purchasing System for any addenda’s/addendums. Failure to do so may lead to reliance on incomplete, inaccurate, or out of date information when submitting proposals subjecting such proposals to automatic disqualification from consideration. If revisions are of such a magnitude to warrant, in the City’s opinion, the postponement of the date for receipt of proposals, an addenda/addendum will be issued announcing the new date.

CONFIDENTIALITY

Please be aware that proposals submitted to the City in response to this Request for Proposals solicitation shall be subject to the Colorado Open Records Law, Section 24-72-201, et seq., C.R.S.

Any privileged or confidential information in the Firm’s proposal shall be specifically identified as such by the Firms. If any information is considered to be confidential, the Firm’s shall agree to indemnify the City for any and all attorney fees the City may incur in defending the withholding of such information by signing and returning the letter found in Section IV of this Request for Proposals solicitation. Should the City receive a request for the release of any information in the Firm’s proposal in accordance with the open records law, the City will review the Firm’s proposal, giving consideration to the portions that the Firm’s indicated contained trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data, and may release only that information which has not been identified as confidential so long as Section IV has been signed and returned by the Firm’s along with the proposal. Should the Firm’s choose not to sign and return Section IV, all information in the Firm’s proposal may be considered releasable by the City. Firms will be notified of any open records requests prior to the release of such information. If, in the opinion of City's legal counsel, the City is nonetheless compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, the City may disclose such information without liability.

Subletting of Contract The Firm will agree not to assign or sublet the whole or any part of the contract without the prior written consent of the City.

Changes in Scope of Work The City’s Project Manager will agree that any change of scope in the services to be performed after the original contract has been signed shall be documented as a written change order, be accepted by all parties, and made a part of the original contract by addendum.

http://www.bidnetdirect.com/colorado

Additional Information The City reserves the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept the proposal deemed most advantageous to the best interest of the City.

Firm Acceptance of the Request for Proposals By submitting a proposal in response to this Request for Proposals solicitation, the Firm accepts all of the conditions described in this Request for Proposals solicitation, including the Sample Professional Design Services Agreement, and agrees to abide by all final decisions made by the City.

CITY OF AURORA, COLORADO

Heidi Ellis

Senior Procurement Agent

Attachments: Section I Scope of Work Section II Proposal Submittal Requirements Section III Proposal Evaluation Criteria Section IV Letter of Indemnification for Withholding Confidential Information Section V Business Size Status Form Section VI W-9 Request for Tax-Payer Identification Section VII Sample Professional Design Service Agreement with Insurance Requirements

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SECTION I

STATEMENT/SCOPE OF WORK

GENERAL PROJECT STATEMENT

The City of Aurora (“City”) is requesting written proposals from qualified engineering design firms multiple cracks and areas of damage on the service road leading to and within the Sand Creek Water Reclamation Facility (11405 E 30th Ave, Aurora, CO 80010); upon award, the selected firm will be provided with as-built drawings and is expected to provide a comprehensive assessment, develop a repair strategy, produce full construction documents suitable for bidding, support the bid phase, and deliver construction-phase inspection services. Interested Engineering Design Firms are required to provide technical qualifications which are more fully described in the scope of work.

SCOPE OF WORK

Site Evaluation and Condition Assessment:

• Conduct a thorough visual inspection of the service road(s) to document all cracking, surface failures, drainage issues, and potential underlying causes (e.g., poor subgrade, water intrusion).

• Perform geotechnical investigation, including core sampling or borings, as needed to assess pavement and subgrade conditions.

• Survey the area for proper drainage and alignment.

• Document findings in a site evaluation report including photos, pavement condition assessment ratings, and mapping of damaged areas.

Recommendations and Repair Strategy:

• Develop and present a preliminary repair strategy based on site findings.

• Evaluate multiple rehabilitation alternatives, including, but not limited to, full-depth reconstruction, mill-and-overlay, crack sealing, or subgrade stabilization.

• Include a life-cycle cost analysis for each alternative.

• Recommend the best course of action based on performance, cost, constructability, and disruption to operations.

• Present findings and recommendations to Aurora Water in a formal meeting.

Final Design and Construction Documents

• Prepare detailed construction plans, specifications, and engineer's opinion of probable construction cost (OPCC).

• Include design for traffic control/phasing, grading, drainage, pavement cross sections, and any required utility coordination.

• Ensure compliance with all relevant codes, agency standards, and permitting requirements.

• Submit 60%, 90%, and final (100%) design deliverables for review and approval, with comment incorporation at each stage to the City’s project Manager.

Bid-Phase Support:

• Assist the City’s Project Manager with the preparation of bid documents and contractor solicitation (frontend specifications, bid forms, etc.).

• Assist the City’s Project Manager with responses from Firms inquiries for issuance of addendums as needed by the City.

• Participate in pre-bid conference and review Firms submittals for qualifications.

Construction Inspection and Support Services:

• Provide inspection services during construction (number of site visits to be determined based on project size).

• Review contractor submittals, RFI’s, and change order requests.

• Participate in pre-construction meeting and final walkthrough.

• Provide punch list and as-built drawing support.

Optional Services (to be considered by the City):

• Environmental review/CEQA/NEPA coordination (if required by location).

• Permit acquisition support (if permits are required for repair work).

• Public outreach or facility operation coordination support (if construction impacts site operations or adjacent areas).

Deliverables:

• Site evaluation report with condition assessment.

• Presentation of repair strategy with alternatives.

• 60%, 90%, and Final design plans, specifications, and cost estimate.

• Bid-phase documents and support.

• Construction inspection reports and closeout documentation.

Drawings:

• Sample of damages road cracks and repairs work following this page.

rlizardo Image rlizardo Polygon rlizardo Polygon rlizardo Polygon rlizardo Polygon rlizardo Text Box Areas marked in green will need to be evaluated

SECTION II

PROPOSAL SUBMITTAL REQUIREMENTS

The Firms proposal should be succinct, well organized, and must contain all the information necessary for evaluators to understand and evaluate. The following outline presented herein is the same elements that are in the proposal format.

Qualifications:

Limit the TOTAL LENGTH of the core proposal to twenty-five (25) pages maximum, which does not include cover letter; index and/or table of contents, front and back covers, title page, separation tabs, and resumes (keep resumes to two (2) pages each, maximum). A maximum of five (5) of the twenty-five pages can be in 11x17 tri-fold format. Firm’s must use 10-point font or larger. Use of figures, photographs, or other graphics within the page constraints indicated is up to the discretion of the Firm. The city cannot guarantee review of voluminous firm-specific or other information contained as an appendix. Please upload one (1) electronic copy to Bidnet.com. The qualified Firm’s proposal shall include at a minimum the following information:

1. Firm’s company information, experience, understanding of the work to be performed, and key individuals being assigned to this project.

2. Detailed information on the Firm’s background and experience as it relates to the scope of work, including capacity to provide resources necessary to ensure successful delivery of work product.

3. Include resumes for all staff that may provide services during the contract period. Include name and license/certification number(s), if applicable, of the person(s) proposed to be in charge of services. Include qualifications, relevant individual experience including roles and responsibilities for the top three (3) key staff. State current and projected workload of the Firm’s proposed staff for the duration of this contract.

4. List all subconsultants including qualifications and relevant experience along with a resume for the active lead individual for each Firm proposed.

5. Provide approach and methodology to the successful management of work to be provided.

Include a detailed work plan narrative to demonstrate your Firm’s approach. Include a detailed schedule of work including proposed milestone dates and a narrative that details the schedule’s assumptions.

6. Provide an overview of inspection services performed, including inspection methodologies, reporting practices, and any relevant case studies.

7. Provide an overview of what the Firm views as the important factors to the City, as well as the issues that will require specific attention to ensure success.

8. Provide examples of demonstrated success and experience of the Fim and proposed key staff for no less than three (3) projects of similar scope and complexity.

9. References: Provide names and contact information for at least two relevant contracts with other clients within the past five years where similar services have been performed and the same team members have provided similar services. The City shall be the sole judge of whether or not the team demonstrates the necessary abilities and experience.

10. Fee Schedule: In separate electronic document, provide the following:

• Provide a complete not-to-exceed fee schedule for evaluating multiple cracks and damage on the service road leading to and within the Sand Creek Water Reclamation Facility, scope of work provided for within this RFP, including hourly rates, estimated number of hours, reimbursables, etc. Include a clear definition of what is included in the not-to-exceed amount for reimbursable expenses.

• Include any additional work you may recommend, or may be requested by the Owner, separately with associated pricing (if applicable).

• Include hourly billable rates, valid for the entire duration of the solicitation award, for staff by title of key individuals and title for support staff for the team. Provide the name and title of the key individuals of each of the subconsultants.

12. Completed Letter of Indemnification for Withholding Confidential Information.

13. Completed Request for Business Size Status.

14. Completed W-9, Request for Taxpayer Identification Number and Certification.

Note: The City shall notify the number one top ranked Firm when the interview process has been completed.

The City reserves the right to obtain financial data or other supplemental information concerning the Firm and/or its proposed sub-consultants.

SECTION III

PROPOSAL EVALUATION CRITERIA

Interested Firms will be evaluated on the criteria listed below. Interviews with top ranked Firms may be conducted by the City's evaluation committee at its sole discretion to aid in the evaluation of a Firms technical proposal submitted pursuant to First Phase of this Request for Proposals solicitation.

Criteria Points

1 Firm’s proposal approach and strategy. 20

2 Firm ‘s experience and capability. 20

3 Team experience . 20

4 Cost and value proposition. 20

5 Project QA/QC. 10

6 Inspection Services Experience. 10

TOTAL: 100

SECTION IV

LETTER OF INDEMNIFICATION FOR WITHHOLDING

CONFIDENTIAL INFORMATION

City of Aurora

Finance/Purchasing & Contracts 15151 E. Alameda Parkway Suite 5700 Aurora, Colorado 80012 Phone: 303.739.7100 www.auroragov.org

Re: Request Under the Colorado Open Records Act Request for Proposal Number R-2456 Sand Creek Asphalt Design Evaluation

Proposals submitted by Firms in response to the City of Aurora’s Request for Proposal R-2456 are subject to the Colorado Open Records Act. Should the City receive a request for the release of any information in the Firm’s proposal in accordance with the open records law, the City will review the Firm’s proposal, giving consideration to the portions that the Firm indicated contained trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data, and may release only that information which has not been identified as confidential and/or proprietary in your proposal pursuant to C.R.S. 24-72-201.

By having an authorized officer of the company sign below, Firm agrees to indemnify the City of Aurora for any and all attorney fees that the City may incur in defending the withholding of such information.

Firm

Signature

Name (Type or Print)

Title

Date http://www.auroragov.org/

SECTION V

REQUEST FOR BUSINESS STATUS

RFP #2456 Sand Creek Asphalt Design Evaluation

Please provide us with the information requested below to help us do a better job of soliciting City of Aurora requirements:

The North American Industry Classification System (NAICS) code for this award is 541611.

The small business size standard the City of Aurora designates for this award is

17.25 M U.S. dollars Employees

Identify the business size status of your firm based on the above small business size standard:

Large Business

Small Business Enterprise

If your business is a Small Business Enterprise, please identify if your firm is in one of the following categories:

Minority-owned vendor

Woman-owned vendor

Minority/woman-owned vendor

Veteran

Disabled Veteran

Other

From what source did you learn about this solicitation to which you are now responding?

Website (www.auroragov.org/business)

Newspaper (please name the paper); _____________________________

Fax;

Automatic notice by E-mail;

Telephone call from buyer;

Other (please describe):

Company name, address, phone #, e-mail and point of contact preparing this information.

SECTION VI

W-9

REQUEST FOR TAX PAYER IDENTIFICATION NUMBER

AND CERTIFICATION

W-9 Form can be accessible using the following link:

https://www.irs.gov/pub/irs-prior/fw9--2018.pdf

NOTE: If you have been awarded a purchase order from the City of Aurora within the past 5-years and are still operating under the same entity name and EIN # you do not need to provide this form.

https://www.irs.gov/pub/irs-prior/fw9--2018.pdf

AGREEMENT

for

PROFESSIONAL DESIGN SERVICES

DESIGN SERVICES AGREEMENT

CITY OF AURORA

AURORA, COLORADO

TITLE: ________________________

FILE: ________________________

P.O. NO.: ________________________

(Version PDSA 10 2024)

TABLE OF CONTENTS

Section

Recitals

Section I – Scope of Work

Section II – Project Management

Section III - Designer’s Responsibilities

Section IV - Schedule

Section V- Compensation

Section VI - Examination of Records

Section VII - Personnel Assignments - Key Personnel

Section VIII - Ownership of Documents

Section IX - Taxes and Licenses

Section X - Assignment and Subcontracting

Section XI - The City’s Responsibilities

Section XII - Mutual Obligations of the City and Designer

Section XIII - Charter, Laws and Ordinances

Section XIV - Status of Designer/Independent Contractor

Section XV - Termination of Agreement

Section XVI - Amendments and Extensions

Section XVII – Dispute Resolution

Section XVIII – Equal Employment Opportunity

Section XIX – Special Conditions

Section XX – Insurance Requirements

Section XXI - Indemnification

Section XXII – Miscellaneous

Attachment 1: Scope of Work

Attachment 2: Milestone Schedule

Attachment 3: Compensation

Attachment 4: Insurance Coverage

AGREEMENT

THIS AGREEMENT, with an effective date of the day of 20 , is made and entered into between the CITY OF AURORA, COLORADO, acting by and through the Aurora Utility Enterprise (also known as Aurora Water Enterprise) (hereinafter called the “City”), and , a corporation with a principal place of business at , (hereinafter called the “Designer Firm”). (City and Designer Firm may be collectively referred to herein as “Parties”, or individually as “Party”.)

Recitals

WHEREAS, the City desires to obtain professional design services for a City project (“Project”) as hereinafter provided; and

WHEREAS, the Designer Firm represents that its project team includes engineers and/or architects licensed by the State of Colorado or by another State, Federal, or governmental entity recognized by the State of Colorado, and that Designer Firm is experienced and qualified to perform professional design services for the City of Aurora, including the planning, designing, drafting and preparation of construction documents for the Project specified in this Agreement, as well as the bidding of the Project specified in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations set forth herein, the Parties mutually agree as follows:

Section I – Scope of Work

A. Designer Firm agrees to provide professional design services for the Project as stated in the Scope of Work specified in Attachment 1, attached hereto and incorporated into this Agreement. The order of precedence of the Agreement documents shall be:

1. Agreement

2. Scope of Work, Attachment 1

3. Schedule, Attachment 2

4. Compensation, Attachment 3

5. Insurance Coverage, Attachment 4

The above documents may be superseded supplemented and amended through the amendment process as codified in Section 2-676 of the City Code and by applicable amendments approved by the Parties as required by City.” It is the intent of the Parties that any Amendment and the Contract be read together as being consistent with one another. To the extent there is any inconsistency between the terms of an Amendment and the Contract, the provisions of the Contract shall be given precedence.

B. Nothing in this Agreement shall be construed as placing any obligation on the City to proceed with tasks beyond those which have been identified in Attachment 1.

Section II – Project Management

A. ("Project Manager") is the City’s Project Manager. The Project Manager is responsible for authorizing and approving all work performed under this Agreement. All work to be performed by Designer Firm shall be authorized in writing by the Project Manager as provided by this Agreement. All communications related to the Project shall be with the Project Manager or written authorized designee. The Project Manager is authorized to make decisions on behalf of the City related to the design of the Project.

The Project Manager shall be responsible for the day-to-day administration, coordination and approval of work performed by the Designer Firm.

B. (“Designer Firm Representative”) is Designer Firm’s representative for the

Project. Designer Firm Representative shall have sufficient authority to represent and bind Designer Firm in those instances when such authority is necessary to carry out Designer Firm’s responsibilities and obligations under the terms of this Agreement.

Section III – Designer Firm’s Representations

A. Designer Firm hereby represents to the City that Designer Firm is financially solvent and possesses sufficient experience, licenses (including required state licenses), authority, personnel and working capital to complete the services as required herein.

B. The design services contemplated by this Agreement shall be diligently performed by

Designer Firm’s regular professional and technical staff. In the event Designer Firm does not have as part of its regular staff certain professional consultants, then such consulting services shall be performed, with the City approval, by practicing professional sub-consultants outside of Designer Firm’s regular employment.

C. Prior to designating an outside professional to perform work or services under this

Agreement, Designer Firm shall submit the name(s) of such professional, together with a resume of training and experience in work of like character and magnitude as the project being contemplated, to the City and receive prior written approval. The Project Manager shall have the right to reject any proposed sub-consultant. “Sub-consultant” shall mean any person or business entity which is not an employee of Designer Firm.

D. All professional consultants and sub-consultants must be retained for the term of the

Project to the extent practicable.

E. The City's communications with Designer Firm's sub-consultants shall be through

Designer Firm.

F. The standard of care for all design services performed under this Agreement shall be the care and skill ordinarily used by design professionals for projects of similar size, complexity, location and difficulty. The drawings and specifications for the Project, when submitted by Designer Firm to the Project Manager shall reflect appropriate and necessary architectural, design and engineering services applicable to work of the Project. Designer Firm shall be responsible for ensuring the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings, schedules, cost estimates and other services rendered by Designer Firm and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies in its services that fail to conform to the applicable standard of care for professional services described in this Agreement.

G. Nothing in this Agreement shall be construed as placing any obligation on the City to proceed with any work beyond what has been specifically authorized in writing by the City.

H. The City shall have the right not to accept any portion of Designer Firm's work on the

Project, including, but not limited to, work associated with the design and construction documents, pre-bid and bidding phases, and any other design work or documents, which does not comply with the requirements of this Agreement. In the event that Designer Firm’s work or a portion thereof is not accepted by the City, Designer Firm shall proceed, when requested by the City, with revisions to the design work or documents prepared for that work and meet all applicable requirements of this Agreement. If said additional work complies with the requirements of this Agreement, the City will provide prompt written acceptance. Correction or completion of work which does not comply with the requirements of this Agreement shall be made without adjustments to the compensation for Designer’s services. Designer Firm shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, services or other work, without additional cost to the City. The acceptance of Designer Firm’s services by the City shall not relieve Designer Firm from the obligation to correct subsequently discovered defects, inaccuracies or incompleteness resulting from Designer Firm’s negligent acts, errors or omissions.

I. Designer Firm shall consult with the City as necessary on all matters connected with carrying out and performing the services required under this Agreement.

J. Designer Firm agrees to design the Project within the established Project budget.

Should the Designer Firm determine that the Project cannot be constructed within the established Project budget, Designer Firm shall immediately notify the City, in writing, so that the Project scope and/or Project budget can be reviewed and modified as necessary.

K. All drawings and specifications shall be prepared so that the Project, when constructed in accordance with such drawings and specifications, complies with all local, state and federal, statutes, codes, ordinances, executive orders, and rules and regulations of the City, County, the State of Colorado, and the United States Government in effect when the design documents are finally accepted by the Project Manager. Design changes required by changes in local, state, or federal statutes, codes, ordinances or rules and regulations after the City's acceptance of design documents will not be part of the scope of Designer Firm's basic services under the terms of this Agreement and will be compensated for as additional service(s).

L. No documents will be considered final until approved by the Project Manager, even though local, federal, state and county agencies may have approved such documents.

M. If other designers provide design services to the City for the Project, then Designer Firm shall be responsible for coordinating its design work with those other designers working on the Project to ensure that all physical and electrical interfaces, including but not limited to, civil, architectural, structural, mechanical, electrical, and instrumentation & controls, are compatible with the Project’s operations.

N. The responsibilities and obligations of Designer Firm under this Agreement shall not be relieved or affected in any respect by the presence on the site of any agent, consultant, subconsultant, City's Representative or employee of the City.

Section IV - Schedule

A. Designer acknowledges that time is of the essence. Designer agrees to complete the work within the Schedule. Designer shall begin work upon issuance of a Notice to Proceed from the City. Designer Firm shall submit to the City, in writing, a Milestone Schedule setting out the milestone dates on which the Designer Firm plans to complete the work under this Agreement within twenty (20) working days of the effective date of this Agreement. The City shall have ten (10) working days to review the proposed milestone schedule, or as mutually agreed to by the Parties. The milestone schedule shall include, but not be limited to, all dates by which any known actions, decisions or information required from the City must be provided in order for Designer Firm to perform according to the schedule. The milestone schedule shall, when reviewed by the City, be incorporated herein as Attachment 2. Designer Firm shall promptly notify City of any significant changes to the Schedule.

B. In the event that the Milestone Schedule is unreasonably extended beyond the dates in

Attachment 2, as amended from time to time, by no fault of Designer Firm, Designer Firm may be compensated for any additional efforts which may be associated with such an extended schedule.

C. Designer Firm is not liable for delays in performance which are caused by the City, the

City’s other designers, or events which are outside the control of the Parties and could not be avoided by the exercise of due care.

Section V- Compensation

A. The compensation to be paid to the Designer Firm by the covers the entire costs for professional design services as specified in Attachment 1. The compensation of this Agreement to be paid to the Designer shall not exceed ________________________dollars and 00/100 ($__________) and is more fully described in the Fee Schedule provided by the Designer which is incorporated into this Agreement as Attachment 3.

B. Designer Firm shall provide to the City an estimated payment schedule, including a not-to-exceed price for reimbursable expenses, which corresponds to the milestone progress schedule specified in Section IV of this Agreement.

C. In the event that any part of the Project work is deleted or otherwise not performed, compensation to Designer Firm for the Project shall be payable only to the extent services are actually performed on said work, or portions of the Project work, in accordance with Designer Firm's approved payment schedule.

D. This Agreement is subject to annual appropriation by the Aurora City Council and, in the absence of appropriated funds, the City may terminate this Agreement. The City has appropriated money for the 2017 fiscal year at least equal to the foregoing annual compensation for this work. The City may, from time to time and in its sole discretion, appropriate additional amounts to reflect extensions of this Agreement beyond the close of the 2017 fiscal year and additional and/or continuing scope(s) of work.

Notwithstanding any other language in this Agreement, City shall issue no Change Order or other form of order or directive requiring additional compensable work that will cause the foregoing annual compensation to exceed the amount appropriated unless City gives Designer written assurance that City has made lawful appropriations to cover the costs of the additional work.

E. In the event of a default by Aurora’s Utility Enterprise of any of its obligations under this

Agreement, Designer Firm shall have no recourse for any amounts owed to it against any funds or revenues of the City except for those revenues derived from rates, fees or charges for the services furnished by, or the direct or indirect use of, the Water System and deposited in the Water Enterprise Fund, as the terms “Water System” and “Water Enterprise Fund” are defined in City Ordinance No. 2003-18, and then only after the payment of all operation and maintenance expenses of the Water System and all debt service and reserve requirements of any bonds, notes, or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the City.

F. Designer Firm shall provide written notice to the City when Designer Firm has incurred costs which amount to seventy-five percent (75%) of the currently appropriated amounts.

If at any time, Designer Firm determines that the maximum contract amount is insufficient to permit Designer Firm to complete its work as provided in Attachment 1, Designer Firm shall provide immediate written notice to the City.

G. Designer Firm shall promptly pay all owed bills, debts and obligations it incurs performing work under this Agreement and, provided that Designer Firm is timely paid amounts due from the City under this Agreement, shall not allow any lien, verified claim, mortgage, judgment or execution to be filed against land, facilities, funds or improvements owned or beneficially owned by the City as a result of such bills, debts or obligations.

H. Designer Firm shall submit monthly invoices to be approved by the City's Project

Manager. Designer Firm shall submit its monthly invoices no later than close of business on the fourteenth (14th) calendar day of the month after which the work was performed; provided however, that if that day falls on a weekend or holiday, then monthly invoices shall be submitted no later than close of business on the next regular business day of the month. Upon submission of an approved Designer Firm invoice, in the proper form, to the City, payment shall be issued. It is to be understood and agreed that the City may require up to thirty (30) days to process payment after date of receipt of invoicing. If the City finds a discrepancy in the Designer Firm’s invoice, the Designer Firm shall take reasonable efforts to resolve any such discrepancy to allow the City to make payment within a reasonable time. The City shall make payment of undisputed amounts in accordance with the provisions of this Section.

I. Designer Firm shall maintain current, accurate and complete records of all hours expended and expenditures made by it in connection with the Project. In accordance with Section VI, all such records shall be available for review by the City at all reasonable times upon written request by the City to Designer Firm.

J. The City shall not be obligated to make any payment (whether an interim payment or

Final Payment) to Designer Firm hereunder if any one or more of the following conditions exist:

1. Designer Firm is in material default of any of its obligations hereunder or under any provision of this Agreement and has either failed to cure such default within ten (10) calendar days of receipt by Designer Firm of notice of default from the City or has failed to submit an acceptable plan to cure such default within ten

(10) calendar days of receipt by Designer Firm of notice of default from the City.

K. Designer shall defend, indemnify, and hold harmless the City from and against any claims, actions, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) in the event of a claim alleged by one of Designer Firm’s subconsultants for non-payment by Designer Firm to that subconsultant.

L. No interim payment or other partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the services to which such interim payment or other partial payment relates, nor shall it relieve Designer Firm of any of its obligations hereunder with respect thereto.

Section VI - Examination of Records

A. This Section applies if this contract agreement exceeds $10,000.00.

B. The Internal Auditor of the City of Aurora, or a duly authorized representative from the

City of Aurora shall, until three (3) years after final payment under this Agreement, have access to and the right to examine any of the Designer Firm’s directly pertinent books, documents, papers, or other records involving transactions related to this Agreement.

C. Designer Firm agrees to include in first-tier subcontracts under this Agreement a clause to the effect that the City's Internal Auditor, or a duly authorized representative from the City of Aurora shall, until three (3) years after final payment under the subcontract have access to and the right to examine any of the Designer Firm's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract.

"Subcontract," as used in this clause, excludes (1) purchase orders not exceeding $10,000.00 and (2) subcontracts or purchase orders from public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge.

D. The periods of access and examination as noted above for records relating to (1) litigation or settlement of claims arising from the performance of this Agreement, or (2) costs and expenses of this Agreement to which the City, acting through its duly authorized designee, has taken exception, shall continue until such appeals, litigation, claims, or exceptions are finally resolved.

Section VII - Personnel Assignments - Key Personnel

A. The Project Team identified in Designer Firm’s proposal dated , are considered to be key personnel that are essential to the successful completion of the Project and shall be assigned by Designer Firm or its subconsultants to perform work under this Agreement.

B. Designer Firm shall submit to the Project Manager a list of any additional key personnel who will perform work under this Agreement within thirty (30) days after this Agreement has been executed, together with complete resumes and other information describing their ability to perform the tasks assigned. Any additional key personnel must be recommended by Designer Firm and acknowledged by the Project Manager before they are assigned to perform work or services under this Agreement.

C. It is the intent of the Parties that all key personnel be engaged to perform their specialty for all such services required by this Agreement, and that Designer Firm’s key personnel be retained for the life of this Agreement to the extent practicable and to the extent that such services maximize the quality of work performed hereunder.

D. If Designer Firm or a subconsultant of Designer Firm decides to replace any of its key personnel, Designer Firm shall notify the Project Manager in writing of the desired change. No such changes shall be made until at least two (2) qualified replacement candidates are recommended by Designer and a replacement is approved in writing by the Project Manager. The Project Manager's approval shall not be unreasonably withheld. Failure of Designer Firm to comply with the requirements of this provision may be the basis for the City’s termination of this Agreement.

E. The Project Manager shall respond to Designer Firm's written notice regarding replacement of key personnel within fifteen (15) working days after the Project Manager receives the list of proposed changes. If the Project Manager or its designated representative does not respond within that time, the listed changes shall be deemed to be approved.

F. If during the term of this Agreement, the Project Manager determines that the performance of approved key personnel is not acceptable, he shall notify Designer Firm and give Designer Firm the time which the Project Manager considers reasonable to correct such performance. Thereafter, he may require Designer Firm to reassign or replace such key personnel. If the Project Manager notifies Designer Firm that certain of its key personnel or the key personnel of a subconsultant should be replaced, Designer will use its best efforts to replace such key personnel within a reasonable time but not to exceed thirty (30) calendar days from the date of the Project Manager's notice.

G. Actions taken by the City under this Section shall not, in any way, relieve Designer Firm of its responsibility for design deficiencies, errors or omissions.

Section VIII - Ownership of Documents

A. All Project deliverables, as described in Attachment 1, prepared by Designer Firm under this Agreement when delivered to and accepted by the Project Manager, shall become the property of the City when Designer Firm has been compensated by the City under the terms of this Agreement. Designer Firm agrees to allow the City to review any of the procedures used in performing the work and services hereunder, and to make available for inspection the field notes and other documents used in the preparation for and performance of any of the services performed hereunder as more fully described in Attachment 1.

B. To the extent not limited by this Agreement, the City shall have unlimited rights in the ownership of all Project deliverables, as described in Attachment 1, including the right to use the same on any other City project(s) without additional cost to the City, and with respect thereto, the Designer Firm agrees to and does hereby grant to the City a non-exclusive royalty-free license to all data which Designer Firm may cover by copyright and to the Project deliverables to which Designer Firm may assert any rights or establish any claim under the patent or copyright laws or any other applicable laws.

C. The City acknowledges and agrees that in the performance of the development service, Designer Firm will utilize its proprietary data, concepts, methods, techniques, processes, protocols, ideas, inventions, know-how, trade secrets, algorithm, software, works of authorship, software and hardware architecture, databases, tools, other background technologies and standards of judgment that Designer Firm developed or licensed from third parties prior to the Effective Date (the “Pre-Existing Technology”). Designer Firm will retain all right, title and interest, including without limitation Intellectual Property Rights, in and to the Pre-Existing Technology.”

D. If the City determines to use Project deliverables without modification in a future project which is not contemplated by this Agreement, the City and Designer Firm agree to negotiate in good faith for acceptance by Designer Firm for any professional liability associated for such future use. Designer Firm agrees not to demand unreasonable compensation or other concessions from City. To the extent modifications are made in Project deliverables contemplated for use in a future project, Designer Firm shall not be liable for any professional liability unless Designer Firm agrees in writing to such modifications.

E. In the event the City does not exercise its option to negotiate with Designer Firm for

Designer Firm's acceptance of any professional liability or the Parties cannot agree regarding the acceptance of such liability, it is understood that Designer Firm's name and seal shall be removed from the reproduced documents as utilized and that Designer Firm shall no longer be liable to the City or third parties for the reuse of those documents.

F. The Project deliverables, as described in Attachment 1, excluding Designer Firm's standard details and documents, shall not be used by Designer Firm on or for other projects without the written approval of the City, which shall not be unreasonably withheld.

G. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of Designer Firm's or the City's rights.

Section IX - Taxes and Licenses

A. Designer Firm shall promptly pay, when they are due, all license fees and permit fees required to be in the Designer Firm’s name, applicable to the work and services which it performs under this Agreement and shall take out and keep current all required municipal, City, state or federal licenses required to perform its services under this Agreement. Designer Firm shall furnish the Project Manager, upon request, duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and/or registrations.

Section X - Assignment and Subcontracting

A. The City is not obligated or liable under this Agreement to any party other than the

Designer Firm named herein. Both Parties understand and agree that this is a professional services agreement and they shall not assign or subcontract with respect to any of their rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party to such assignment or subcontracting.

Section XI - The City’s Responsibilities

The City shall:

A. Provide full information, including detailed scope as to its requirements for the services described in Attachment 1.

B. Give prompt…