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1 AGENDA CITY COUNCIL REGULAR MEETING August 23, 2022 5:00 PM, City Council Chambers 427 Rio Grande Place ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/89898202642?pwd=WWlqaUl3NGFGVGhKMEVETERGNG4zQT0 9 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES IIIA.UN Mountain Partnerships Event Update, by Aspen International Mountain Foundation (AIMF) IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VIA.Resolution #098, Series of 2022 - Civil and Electrical Design: Paepcke Park to City Market Replacement 1 2 Board & Commission Appointments VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES VIIIA.Ordinance #10, Series of 2022 - Willoughby Ponds Subdivision: Water Service Agreement IX.PUBLIC HEARINGS X.ACTION ITEMS XA.Resolution #101, Series 2022 - 0.5% Open Space Sales Tax Renewal XB.Resolution #102, Series of 2022 - Aspen Public House Lease Amendment XC.Galena Cooper Living Lab - Post Lab Temporary Conditions XI.EXECUTIVE SESSION Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. (4)(f) Personnel The specific items of discussion involve the following: 1) The Centennial Owners’ Association, v. The City of Aspen, et al. Case No.: 2015CV030158. 2) Aspen Mini Storage LLC status and operations. XII.ADJOURNMENT 2 MEMORANDUM August 15, 2022 To: Aspen City Council From: John Starr -- Director, Aspen International Mountain Foundation (”AIMF”) Subject: Information for August 23 City Council package (6th Global Meeting of the UN Mountain Partnership) ______________________________________________________________________________ _______________________ We understand that AIMF will be on the regular meeting agenda on August 23rd to update Council on the City of Aspen’s co-hosting of the 6 th Global Meeting of the UN Mountain Partnership. It is expected that Karinjo DeVore (President of AIMF) and John Starr (Director) will present. I attach a short summary of the Global Meeting, together with a PowerPoint available for display at the August 23rd City Council meeting; also the AIMF letter to Mayor Torre confirming the City’s $25,000 donation. In addition, at our presentation to Council we will describe ongoing conversations with staff of the City’s Climate Action Group on organizing and leading a side-event at the Meeting, to be headed by the City of Aspen, focusing on “Community: Talk Globally, Act Locally”, highlighting our community’s collaboration and coordination on climate and mountain sustainability and the numerous projects under way throughout the Roaring Fork Valley, such as the City’s Building IQ, Pitkin County’s methane reduction research, etc. Although this is a work in progress, we and the Climate Action team are excited about the presentation opportunity. We are in conversation with Grassroots TV to film the side-event, which would be available to view on their YouTube site going forward. Please let me know if we can provide any further information about the Global Meeting to the Council. 3 4 City of Aspen: Co-host & Denali Sponsor We’re proud to have the City of Aspen as a co-host of this event alongside the State of Colorado, the Aspen Institute and AIMF. Denali sponsorship ($25,000) entitles you to 3 full passes and: ●Recognition on the Global Meeting Virtual Sponsor Wall throughout 2022 ●Opportunity to have a short promotional video message run during the program* ●Dedicated social media posts to thank you for your support ●Prominent brand visibility at the event, on event website and in advance digital promotion ●Logo displayed in the breakout rooms ●Visibility on the event registration page ●Corporate video message included on the event website* ●Booth space for exhibit ●Opportunity to host or co-host a side event * Video production and exhibit design/production not included. 5 Attendees •Mountain Partnership Members: 100-150 •Outdoor Industry Companies: 20+ •VIPs/Dignitaries: 30+ •US Government: 15+ •Academic Institutions: 20+ •NGOs/Private Sector: 30+ •Sponsors: 40+ According to the Outdoor Industry Association (OIA): “Outdoor recreation is an economic powerhouse in the United States. Despite the challenges of COVID-19, the outdoor recreation economy generated $689 billion* in consumer spending and 4.3 million jobs in 2020.” 6 Registration Activity •Invitation and Covid protocol sent to members •Online registration and approval process still ongoing •154 members registered as of Aug 1 •10-15 Ministers •10-20 UN representatives: -UNEP -UNESCO -Green Climate Fund -UNWTO -Others 7 High-level Registrants Include Colorado Governor Jared Polis Colorado State University Interim President, Dr. Rick Miranda Audrey Azoulay, Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) Secretary-General Zurab Pololikashvili, World Tourism Organization (UNWTO) Roberto Natali, Plenipotentiary Minister and Directorate General for Development Cooperation for the Italian Ministry of Foreign Affairs and Chair of the Mountain Partnership Steering Committee Minister of Environment, Agriculture and Sustainability SílviaCalvó Armengol, Principality of Andorra Vice-PrimatureMalickMuambaTshibangu, Ministère de l'Environnement et Developement Durable, République démocratique du Congo Director de Industria y Comercio Forestal José Gilberto Cifuentes Barrientos, Instituto Nacional de Bosques, Guatemala Minister of Foreign Affairs Ruslan Kazakbaev, Ministry of Foreign Affairs, Kyrgyz Republic Secretary of State Ionut-Sorin Banciu, Ministry of Environment, Waters and Forests, Nepal Director of Environment Ana Teresa Terry Lecaros, Ministry of Foreign Affairs, Peru General-Director National Agency of the Mountain Area Veronica TaranBaciu, National Agency of the Mountain Area, Ministry of Agriculture and Rural Development, Romania Joint Secretary Sindhu Prasad, Ministry of Forests and Environment, Dhungana, Nepal Secretary Pem Narayan Kandel, Ministry of Forests and Environment, Nepal Director/Department of Produce Donatus Edum, Cross River State Ministry of Agriculture, Nigeria Director (Scientific) / Department of Environmental Multilateral Support and Cooperation Sonigitu Ekpe, Cross River State Ministry of Environment, Nigeria Ex Inspector General Forests Bashir Ahmed Wani, Ministry of Climate Change/Chairman MACDS, Mountain Areas Conservation & Development Services, Pakistan Third Secretary Luis Fernando Cisterna Aguilar, Ministry of Foreign Affairs of Peru, Peru 8 Event Planning Efforts •Procured event venue: Aspen Meadows Resort •Assembled AIMF planning team; working alongside the Mountain Partnership in Rome •Hired event planner: Aspen Conference Services/Deborah Murphy •Brand: Mountains Matter: Ideas to Action •Theme: Building Alliances for Resilient Mountains •Website: MountainsMatterAspen.com, app •Created sponsor kit, event prospectus and event overview •Cooperative PR/social media outreach with sponsors and Mountain Partnership •Mountains Matter email campaign ongoing •Website and marketing communications have incurred no cost (donated by an AIMF board member) 9 Schedule Overview Monday, 09.26: Evening Welcome Reception Tuesday-Thursday, 09.27-29: Global Meeting 8:30am-5pm, Aspen Meadows Resort Includes morning plenaries and afternoon breakouts and side events on the Aspen Meadows Resort campus and throughout Aspen. Tuesday, 09.27: Meeting Day One — morning plenaries and afternoon side events Mountain Partnership Ambassador Arjun Gupta; Colorado Governor Jared Polis; CSU President Dr. Rick Miranda International Year of Sustainable Mountain Development Reception/Gala Dinner Wednesday, 09.28: Meeting Day Two — morning plenaries and afternoon side events Evening Musical Entertainment Thursday, 09.29: Meeting Day Three — morning plenaries and afternoon side event, Aspen Institute Afternoon Forum Friday-Sunday, 09.30-10.02: Telluride Field Trip for some delegates 10 Fundraising The Mountain Partnership engages members from all over the world, including those from developing countries and those with limited financial resources. It costs approximately $3000 to subsidize one delegate and there are still quite a few delegates who require financial assistance to attend. We have raised $344,000 to date. The AIMF Planning team is still working hard to raise additional funds to help cover the costs for members who require financial assistance. 11 Funding and Supporters As of August 1, 2022, we’ve raised approximately $344,000 in cash, pledges and and a Colorado Tourism Office Meeting and Events Incentive Direct Support Grant $100,000 awarded to AIMF on December 16, 2021. We need to raise another $150,000 to subsidize all members’ lodging and travel. Supporters include: •City of Aspen, Pitkin County, City of Glenwood Springs, Town of Snowmass Village •Colorado State University, University of Denver, Western Colorado University, CMC •State of Colorado Office of Economic Development and International Trade (OEDIT) •Atlantic Aviation •Canadian Mountain Network •Aspen Chamber Resort Association (ACRA) •Mountain Sentinels •Full list of sponsors: MountainsMatterAspen.com 12 Mountains Matter: Ideas to Action Sixth Global Meeting of the Mountain Partnership September 26-29, 2022 | Aspen, Colorado The Sixth Global Meeting of the Mountain Partnership, “Mountains Matter: Ideas to Action ,” will take place on September 26-29, 2022 at the Aspen Meadows Resort in Aspen, Colorado and will be co-hosted by the state of Colorado, the Aspen Institute, the City of Aspen and the Aspen International Mountain Foundation (AIMF). In June 2021, the Mountain Partnership selected the Aspen International Mountain Foundation (AIMF) as the member to host the meeting. Host finalists were AIMF, the Canadian Mountain Network, Eurac Research in Italy and the Romanian National Agency for Mountain Areas. The three-day meeting will establish the Mountain Partnership agenda and high-level advocacy goals for the next four years. The meeting will be the main event of the International Year of Sustainable Mountain Development 2022,announced by the United Nations in December and enacted by a resolution sponsored by 94 countries including Canada and the US. Expected attendees include Colorado Governor Jared Polis, who will greet the attendees on the first full day of the event, Tuesday, September 27; Qu Dongyu, Director-General of the Food and Agriculture Organization of the United Nations (FAO); and Audrey Azoulay, Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Representatives from the Green Climate Fund (GCF), the UN Environment Programme (UNEP), the Snow Leopard Trust and the Outdoor Industry Association (OIA) are also expected to participate in the event. The Mountain Partnership has been tasked by the UN to launch a five-year action plan to increase awareness of the importance of sustainable mountain development and the conservation and sustainable use of mountain ecosystems. The meeting’s theme, “Building Alliances for Resilient Mountains,” reflects the Mountain Partnership’s desire to partner with the private sector, government, and NGOs in North America. US policy makers and outdoor industry sponsors are invited to join the Mountain Partnership and, as members, may participate in the meeting and develop action items in concert with key officials from North America and around the world. In addition to member plenary sessions, there will be a welcome reception, a banquet, an evening concert and daily side events held throughout Aspen on topics related to sustainable mountain development, including climate change, ecotourism, renewable energy, disaster mitigation and water conservation at the global, regional and local levels. Mountains Matter: Ideas to Action | 970-444-2463 |globalmeeting@aimf.org aimf.org mountainsmatteraspen.com 1 13 The state of Colorado recently joined the Mountain Partnership,establishing Colorado as the first US state to become a member. The City of Aspen became the first US governmental entity to join in 2010. The meeting will culminate with a public forum hosted by the Aspen Institute featuring a keynote address and panel discussions with high-level experts and dignitaries from throughout North America and globally. Immediately after the meeting, delegates are invited to the historic ski town of Telluride, Colorado in the San Juan mountains. Highlights of this two-day event, hosted by the Telluride Institute, will include an Indigenous-led round table, discussion on issues of interest to Indigenous communities, sustainable mountain community development and conservation. Other topics will include networking mountain communities, how to share information, ideas and conversations across cultures and continents. The Mountain Partnership is the United Nations voluntary alliance of partners dedicated to mountain peoples and environments, with over 450 members from 96 mountain countries, including national and local governments, intergovernmental organizations, NGOs, private sector businesses, and nonprofits. Founded in 2002, the Mountain Partnership addresses the challenges facing mountain regions by tapping the wealth and diversity of resources, knowledge, information, and expertise, from and between its members, to stimulate concrete initiatives at all levels that will ensure improved quality of life and environments in the world’s mountain regions. Aspen-based nonprofit,AIMF, promotes sustainable development in mountain environments and communities in Colorado and around the world. On July 21, 2021, AIMF was granted special consultative status by the United Nations Economic and Social Council (ECOSOC),a highly discretionary designation that enables an organization to engage in a number of ways with ECOSOC and its subsidiary bodies, the Human Rights Council and, under specific conditions, some meetings of the General Assembly and other intergovernmental bodies, as well as with the United Nations Secretariat. AIMF was instrumental in developing the mountain-related actions within the UN’s Sustainable Development Goals (SDG’s)and participated in the Paris Accords. AIMF is co-chair of the Steering Committee of the Mountain Partnership and represents North and Central America and the Caribbean region. Mountains Matter: Ideas to Action | 970-444-2463 |globalmeeting@aimf.org aimf.org mountainsmatteraspen.com 2 14 Agenda | UN Mountain Partnership Global Meeting Mon Evening, Sept 26 6:00-9:00pm | Welcome Reception, Aspen Meadows Resort Tues-Thurs, Sept 27-29 8:30am-2:00pm | Global Meeting, Aspen Meadows Resort Mountain Partnership plenary and breakout sessions 2:00-5:00pm | Public Side Events, Aspen Meadows Resort Mountain Partnership member and sponsored side events Tues, Sept 27 6:30-9:30pm | Reception/Gala Dinner, Doerr-Hosier Building, Aspen Meadows Resort Weds, Sept 28 Evening Entertainment, TBD Thurs, Sept 29 2:00-5:00pm | Afternoon Forum hosted by the Aspen Institute, Paepcke Auditorium, Aspen Meadows Resort Fri-Sat, Sept 30-Oct 1 Optional Telluride or Aspen area excursions, TBD Mountains Matter: Ideas to Action | 970-444-2463 |globalmeeting@aimf.org aimf.org mountainsmatteraspen.com 3 15 MOUNTAINSMATTERASPEN.COM mountains matter: ideas to action september 26-29, 2022 / aspen, co Sixth Global Meeting of the Mountain Partnership September 26-29, 2022 | Aspen, Colorado Building Alliances for Resilient Mountains 16 what's happening in aspen? what is the mountain partnership? what's the purpose? why mountains matter who will be there? how can you get involved? become a sponsor meet AIMF key facts about mountains environmental and social challenges cont e nts - 2 - 17 The Sixth Global Meeting of the Mountain Partnership, “Mountains Matter: Ideas to Action / Building Alliances for Resilient Mountains,” will be held September 26-29 at the Aspen Institute in Aspen, Colorado. The meeting and public side events are being organized and hosted by the Aspen International Mountain Foundation (AIMF) with co-hosts the State of Colorado, the City of Aspen and the Aspen Institute. what's happening in aspen? Governor Jared Polis will be present to welcome the Mountain Partnership delegates to Colorado. MOUNTAINSMATTERASPEN.COM - 3 - 18 hosted by in partnership with - 4 - 19 Join us in Aspen to participate and network at this unique gathering of influencers from around the world. - 5 - 20 The Mountain Partnership is a voluntary United Nations alliance with more than 450 members, including governments, intergovernmental organizations, private sector partners, NGOs, universities and research institutes dedicated to improving the lives of mountain peoples and protecting mountain environments around the world. The meeting in Aspen is expected to draw more than 200 delegates and their entourages. what is the mountain partnership? MOUNTAIN PARTNERSHIP NGOs and Private Sector 74.1% Governments 13.3% Global Major Groups Organizations 6.2% Intergovernmental Organizations 4% - 6 - 21 This event includes three days of meetings of Mountain Partnership member delegates and daily side events on sustainable mountain development, including climate change, ecotourism, renewable energy, disaster mitigation, Indigenous knowledge and water conservation at the global and regional levels. A multi-year action plan will be developed to increase awareness of the importance of sustainable mountain development and promote conservation and sustainable use of mountain ecosystems which are threatened by climate change. The Global Meeting will be the main event of the United Nations International Year of Sustainable Mountain Development 2022. It will be streamed globally in multiple languages. In addition to plenary sessions and public side events, there will be a Monday evening welcome reception, a Tuesday gala banquet and a Wednesday evening concert. The highlight of the meeting will be the Aspen Institute's public half-day forum on climate and sustainability issues with a keynote speaker and panels of experts. what's the purpose? - 7 - 22 why mountains matter: a global perspectivefrom the mountain partnership “Mountains are among the most important ecosystems for the survival of our planet, providing essential goods and services. Not only are they home to 1.1 billion people, but they also provide 60-80 percent of the global freshwater resources for domestic consumption, irrigation, industry, food, and energy production. While the relevance of mountains for the sustainable agenda is increasingly recognized, efforts are still needed to eradicate chronic poverty and hunger of mountain peoples and to protect the fragile mountain ecosystems. Mountain people are among the hungriest in the world.” Read more >> - 8 - 23 MP Delegates 47.6% Press 2.4% Private Sector 11.9% US/State/Local Government 7.1% Public (side events) 23.8% Youth 7.1% who will be there? The Mountain Partnership meeting will draw government officials, experts and representatives from dozens of countries, NGO and inter-governmental organizations, academic institutions and private industry. On the first day of the meetings, Tuesday, September 27, Colorado Governor Jared Polis is scheduled to welcome members to the event. US Senator Michael Bennet (CO), Representative Joe Neguse (CO, 2nd District) also plan to participate. - 9 - 24 how can your organization get involved? The first step to get involved is to become a member of the Mountain Partnership at no cost. Membership will connect your organization with the largest international agency that advocates for mountain communities and the environments they rely on. It will also allow your team to attend the meeting and participate in side events. Learn more here >> JOIN THE MOUNTAIN PARTNERSHIP BECOME A SPONSOR Depending on their level of support, event sponsors may choose to participate in a panel discussion at one of the side events, host a booth displaying their organization's products and sustainability work or even host their own side event. For a detailed grid outlining sponsorship opportunities at this event, click here. There are many opportunities to sponsor this event. Your organization's support will open doors for mountain communities looking to implement sustainable economic development practices and create new opportunities to partnerships in North America and around the world. - 10 - 25 why become a sponsor? To support the important work of the Mountain Partnership, a United Nations alliance of 60 mountain countries and over 400 intergovernmental organizations and NGOs To get in on the ground floor of a concerted effort to create a North American action plan for sustainable mountain development To share your organization’s work in sustainability, build alliances and expand your network To build brand awareness through side events presented by your corganization or in concert with trade associations and other companies To exchange ideas and solutions with Mountain Partnership delegates, outdoor industry executives, government officials, and invited dignitaries To connect with other leaders whose organizations are working in sustainability and discover how they are making a measurable impact - 11 - 26 sponsorshipX X X X X X X X X X XX X X X X X XX X X X XX X XX X X X XX X X X XX X X X X X X X X X X X X X Special mention from podium during opening/closing sessions Opportunity to have a short promotional video run during program* Opportunity to have a brief speaking role or moderate a breakout session Prominent brand visibility at event, on website and in digital promotion Logo displayed in breakout rooms Visibility on event registration page and confirmation email Logo included in event welcome video Corporate video in resource center* Corporate video message included on event website* Recognition on the Global Meeting Virtual Donor Wall throughout 2022 Dedicated social media posts to thank you for your support Visibility on event registration page Brand visibility on the event website, platform and advance digital promotion Booth space for exhibit* Opportunity to host a side event* Opportunity to co-host a side event* Presenting $100K+sponsor levels Denali $25K+ Everest $50K+ Aconcagua $10K+ Kilimanjaro $5K+ - 12 -Video production, video editing and exhibit space design/materials excluded. X 27 #MOUNTAINSMATTERASPEN 28 #IYM2022 29 aspen international m ountain foundation (AIMF ) KARINJO DEVORE AIMF President & Founder - 9 - Founded in 2001, the Aspen International Mountain Foundation (AIMF) is a nonprofit and is based in Aspen, Colorado. AIMF’s mission is to promote sustainable development in mountain environments and communities. The organization’s projects, initiatives and fora support sustainable mountain development and promote mountain life and culture in Colorado and around the world. AIMF was instrumental in developing the mountain-related actions within the United Nation’s Sustainable Development Goals (SDG’s) and participated in the Paris Accords. AIMF is co-chair of the Steering Committee of the UN Mountain Partnership and represents North and Central America and the Caribbean region. 30 key facts about mountains / SDGs Mountains cover about 27 percent of the earth’s land area and are home to 1.1 billion people (15 percent of the world’s population) (SDG 15). Mountain ecosystems provide important ecosystem services to billions of people living downstream, such as stabilizing slopes, regulating climate, regulating hydrological cycles, and supporting livelihoods (SDG 13). Mountains are of paramount importance as water towers, both for mountain people and for around 2 billion people living in connected lowland areas (SDG 3). Mountains host about half of the world's biodiversity hotspots and 30 percent of all Key Biodiversity Areas, as well as vital genetic resources for locally adapted crops and livestock (SDG 15). Mountain destinations attract about 15-20 percent of global tourism (SDG 8). Tourism can play a key role in valuing and protecting the natural and spiritual heritage of mountains. Sustainable food systems are drivers of mountain development due to their potential for small and medium-sized enterprises, and their links with tourism and niche markets (SDG 1, 2, 8, 12). Mountains have a key role to play in providing renewable energy, especially through hydropower, solar power and wind power (SDG 7). Investing in the building of sustainable infrastructure, including roads and trains is critical for sustainable mountain development (SDG 9). Urban mountain settlements, in particular small towns, provide basic services to mountain people living in the surroundings and are hubs of sustainable development (SDG 11). Source: Mountain Partnership 31 environmental and social challenges / SDGs Climate change is negatively impacting food security, agriculture and the provision of ecosystem services across many different mountainous regions worldwide (SDG 13). Snow cover, glaciers and permafrost in mountain areas are projected to continue to decline in almost all regions throughout the 21st century. This has implications on water supply in the lowlands, such as a reduced river flow during summer and dry seasons, with implications on large irrigation schemes (SDG 6, 13). Climate-related hazards, such as flash floods, wildfires and landslides, have contributed to an increase in disasters, affecting a growing number of people in mountain regions and further downstream (SDG 15, 13). Mountain ecosystems are at risk from uncontrolled dumping and open burning of waste, including plastic waste (SDG 15). One out of two rural mountain people in developing countries is vulnerable to food insecurity (SDG 1, 2). When mountain people migrate, it has multiple positive and negative impacts on their livelihoods and communities as well as on mountain ecosystems (SDG 8, 10, 15). The COVID-19 pandemic and the restrictions adopted by countries to respond to it have amplified the existing vulnerabilities of mountain communities, whose livelihoods rely mostly on agriculture, tourism and remittances. Source: Mountain Partnership 32 thank you!mountainsmatteraspen.com For more information, or to confirm your interest in sponsoring the Sixth Global Meeting of the Mountain Partnership, please contact Eric Smith | esmith@aimf.org | 202-365-8245 — OR — AIMF office | info@aimf.org | 970-444-AIMF (2463) 33 April 25, 2022 Torre, Aspen Mayor 427 Rio Grande Place Aspen, CO 81611 Dear Torre, Thank you for your organization’s sponsorship of $25,000 made on November 1, 2021.Pitkin County’s generous support of the upcoming Sixth Global Meeting of the Mountain Partnership is greatly appreciated and will help the Aspen International Mountain Foundation (AIMF) host a successful meeting. Your sponsorship at the Denali Level ($25,000) entitles you to the following benefits: ●Recognition on the Global Meeting Virtual Donor Wall throughout 2022 ●Opportunity to have a short promotional video message run during the program ●Dedicated social media posts to thank you for your support ●Prominent brand visibility at the event, on event website and in advance digital promotion ●Logo displayed in the breakout rooms ●Visibility on the event registration page ●Corporate video message included on the event website ●Booth space for exhibit ●Opportunity to host or co-host a side event To arrange exactly how you’d like to be acknowledged as a sponsor within the parameters above, please contact AIMF board member Margi Levitt at mlevitt@aimf.org or 970-444-AIMF. If you are aware of other potential sponsors, please feel free to share the attached sponsor package and summary or refer them to our website,MountainsMatterAspen.com. Thank you again for your sponsorship, Karinjo DeVore President, Aspen International Mountain Foundation (AIMF) Sponsorship Summary: Sponsorship Amount: $25,000 Attached: Invoice marked PAID and dated November 1, 2021 from the Aspen International Mountain Foundation (AIMF) Mountains Matter: Ideas to Action | 970-444-2463 |globalmeeting@aimf.org aimf.org mountainsmatteraspen.com 1 34 MEMORANDUM TO:Mayor and City Council FROM:Andy Rossello, Project Manager III THROUGH:Ryan Loebach, Sr. Project Manager Tyler Christoff, Director of Utilities MEMO DATE:August 8th, 2022 MEETING DATE:August 23 rd, 2022 RE:Resolution #98, Series of 2022 – Civil and Electrical Design: Paepcke Park to City Market Circuit Replacement REQUEST OF COUNCIL:Staff requests a contract award to EN Engineering, LLC in the amount of $149,918.00 for the design of an electric circuit replacement project that supplies electricity to the downtown core. PREVIOUS COUNCIL ACTION: Council has reviewed funding for this project through the 2022 budget approval process. BACKGROUND:The City of Aspen electric distribution system consists of 30-year-old electric cable, directly buried in the ground. This cable is approaching the end of its designed lifespan. Staff has worked to prioritize and schedule replacement of the aging infrastructure with new cable and conduit systems over the next 15 years. In 2022 City staff and associated vendors began installation of the first phase of these prioritized projects. The Paepcke Park to City Market circuit was determined to be the next priority for replacement. Upon project construction completion, the cable and conduit systems are anticipated to last another 30 years and will facilitate future cable replacement and repair projects that will not require extensive digging. The project design requires a detailed survey of Aspen’s downtown (see project area outlined in attachment C). The design will meet all requirements of the City Engineering standards, National Electric Safety Code (NESC) and Subsurface Utility Engineering standards (SUE). The project will be designed to minimize and mitigate customer outages during the construction process. Upon completion of the design in 2023 staff intends to award construction contracts for the installation of the project over a two-year period in 2024 and 2025. DISCUSSION:City staff solicited bids from qualified consultant engineering firms to design this circuit replacement. The proposals were evaluated by a team of three City 35 staff members. The proposals were reviewed utilizing the following criteria that were set forth in the RFP: Project Approach Consultant Experience Price Familiarity with City review processes Completion timeline Based on responsiveness to these criteria the highest scoring consultant, EN Engineering, LLC, was selected by the City team. FINANCIAL/BUDGET IMPACTS: Staff released a Request for Proposals (RFP) for the design services and received four proposals which costs are summarized below: EN Engineering, LLC $149,918.00 Atwell, LLC $189,100.00 Aquawolf $254,020.00 CLP Engineering $257,832.00 Staff recommends awarding the design contract to EN Engineering, LLC based on their qualifications and responsiveness to the RFP. The proposed project funding and expenditures are outlined below: Total Project Expenditures EN Engineering, LLC: Professional Services Agreement $149,918.00 Total Contract $149,918.00 Existing Budget Appropriated Cable Replacement Project $225,000.00 Expenditures to Date ($30,025.00) Total Remaining $194,975.00 ENVIRONMENTAL IMPACTS:Replacement of aging direct bury systems with cable and conduit allow for future repairs and replacement without extensive excavation projects. ALTERNATIVES: Staff believes this is a critical project to continue to provide reliable electrical service to all customers within our service territory. Alternatively, the city can continue spot repairs on the existing system which requires excavation and repairs and will create electric service disruptions for utility customers. RECOMMENDED ACTION:Staff request the council approve the contract with EN Engineering, LLC for $149,918 for the civil and electrical design of the Paepcke Park to City Market circuit replacement. 36 PROPOSED MOTION:I move to approve Resolution #98 of 2022. CITY MANAGER COMMENTS: ATTACHMENTS: A. Professional Services Agreement with EN Engineering, LLC. B. Resolution #98 of 2022 C. Circuit Replacement Project Map 37 RESOLUTION # 98 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EN ENGINEERING, LLC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement for the Civil and Electrical Design: Paepcke West to City Market East Circuit Replacement Project, between the City of Aspen and EN Engineering, LLC, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the professional services agreement for the Civil and Electrical Design: Paepcke to City Market East Circuit Replacement Project, between the City of Aspen and EN Engineering, LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23 rd day of August 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, August 23rd, 2022. Nicole Henning, City Clerk 38 S1stSt82 82 S1stStSGarmischStW Hopkins Ave W Main St H o te l A s p e n SGarmischStW Hyman Ave W Hopkins Ave E Hyman Ave W Cooper Ave SGarmischStE Cooper Ave E Dean St E Durant Ave SGarmischStSAspenStE Gilbert St Juan St 82 82 NAspenStNGarmischStSAspenStE Main St P aepcke P ark S a r d y H o u s e E Hopkins Ave SAspenStSAspenStE Cooper Ave E Hyman Ave Lim eli gh t Lodge E Durant AveSAspenSt SMonarchStE Dean St SMonarchStWil l ou gh by P a rK E Gilbert St E Bleeker St 82 82NAspenSt NMonarchStE Bleeker St E Main St E Hopkins Ave SMonarchStFr ancis Wh ita k er P ark SMonarchStE Hyman Ave Wheeler Par k SMillStE Durant AveSMonarchSt Wag ner Par k E Dean St E Durant Ave SMillStS t Regis M ou ntain C ha l et NMillStE Bleeker St NMillStE Main St Hotel Jer om e E Hopkins AveSMillSt E Main St A s p e n F i r e P r o t e c t i o n D i s t r i c t H e a d q u a r t e r s #6 2 SMillStSMillStWheeler Opera House Hy ma n P ark Th e R e s i d e n c e H o t e l SGalenaStSMillStSGalenaStEve's Way Rubey Par k Cooper P ar k I n d e p e n d e n c e S q u a r e H o t e l SGalenaStE Dean St E Durant Ave SGalenaStE Dean St Silver Cir cle Ic e Ri nk R u b e y P a r k Tr a n s i t C e n t e r T h e A s p e n M o u n ta i n R e s i d e n c e s RioGrande Pl CourthouseRio G ra n d ePl P itk in County Libr ary A sp en Par k in g Garage City Hall Libr ary Plaz a A s p e n R i o Gr a n d e B u i l d i n g 82 82 SGalenaStNGalenaStE Main St Pitk in County Courthouse Conner M em ori al P ark Clapper P ar k Veter ans P ar k A s p e n A r m o r y SGalenaStE Hyman Ave E Hopkins Ave A s p e n E l k s L o d g e N o .2 2 4 SHunterStE Cooper Ave E Hyman Ave SHunterStE Dean St SHunterStE Durant Ave LIttl e Nell HotelAspenMountain Gondola Plaz a CourthouseR io Gr ande S ka te Par k CourthouseR io Gr a nd e Pl Founders Pl Pitk in County J ail A spen Recycl i ng C en ter Oberm eyer Plac e 82 82 FoundersPl SHunterStE Main St St M ary's Chur c h P i t k i n C o u n t y A d m i n i s t r a t i o n a n d S h e r i f f's O ff i c e A s p e n P o l i c e D e p a r t m e n t SHunterStSSpringStE Hopkins Ave E Cooper Ave SSpringStE Hyman Ave A s pen Art M u s eum E Durant Ave E Cooper Ave SSpringStSSpringStA s p e n S q u a r e H o t e l Bay St RoaringForkRiver Rio Grande Obermeyer Pl R i o Gr a n d e Pl NSpringStE a g l e s C l u b 1 8 4 A s p e n FoundersPl SSpringStNSpringStE Bleeker St E Main St SSpringStE Hopkins Ave SOriginalStEMai nSt 82 82 E Hyman Ave SOriginalStE Durant Ave E Cooper Ave SOriginalStE Cooper Ave %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, %, " "e "e "e "e "e ""550 kVA 75 kVA 75 kVA 167 kV A 75 kVA 167 kV A 75 kVA 50 kVA 100 kV A 75 kVA 75 kVA 75 kVA 100 kV A 75 kVA 75 kVA 50 kVA 25 kVA 75 kVA 100 kV A 150 kV A 100 kV A 100 kV A 167 kV A 50 kVA 100 kV A 75 kVA 167 kV A 250 kV A 50 kVA 75 kVA 167 kV A 50 kVA 100 kV A 75 kVA 167 kV A 100 kV A 300 kV A 225 kV A 75 kVA277/48 0 75 kVA 300 kV A 300 kV A 150 kV A 500 kV A 300 kV A 75 kVA 277/48 0 750 kV A 75 kVA 500 kV A 277/48 0 300 kV A 225 kV A 500 kV A 75 kVA 225 kV A 500 kV A 500 kV A 300 kV A 225 kV A 500 kV A 300 kV A 150 kV A 277/48 0 300 kV A 225 kV A 277/48 0 150 kV A 750 kV A 500 kV A 500 kV A 300 kV A 300 kV A 500 kV A 750 kV A 300 kV A 500 kV A 300 kV A 500 kV A 277/48 0 500 kV A 225 kV A 500 kV A 500 kV A 500 kV A 225 kV A 300 kV A 500 kV A 750 kV A 500 kV A 500 kV A 300 kV A 500 kV A 150 kV A 150 kV A 300 kV A 750 kV A 750 kV A 277/48 0 225 kV A 500 kV A 750 kV A 750 kV A 300 kV A 150 kV A 750 kV A 150 kV A 150 kV A 150 kV A 750 kV A 750 kV A 300 kV A 300 kV A 500 kV A 500 kV A 277/48 0 500 kV A 75 kVA 750 kV A 277/48 0 750 kV A 277/48 0 75 kVA ASPEN ELECTRIC UTILITY: Paepcke West to City Market East Electric Cable Replacement Project Design Project 2023 Paepcke West to City Market East This map/drawing/image is a graphical representation of features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction from the intended size. 1 Inch = 60 Feet when printed at 36" x 48"\100 Feet Esri Community Maps Contributors, City of Aspen GIS, County of Pitkin, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA39 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2022-247. AGREEMENT made this 23rd day of August, in the year 2022. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: EN Engineering, LLC c/o Steve Parr 28100 Torch Parkway Warrenville, IL 60555 Phone: (630) 353-4000 For the Following Project: Civil and Electrical Design: Paepcke to City Market. Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 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.:___________________ Exhibit A: Proposal Scope of Work and Fee Schedule Total: $149,918.00 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 40 Agreement Professional Services Page 1 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 December 31st, 2022. 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 A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. 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 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 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 41 Agreement Professional Services Page 2 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 in which it is claimed that such injury, loss or damage is caused in whole or in part by the wrongful act, omission, error, professional error, mistake, negligence or other fault of the Professional. Such defense shall be at the sole expense of the Professional, or at the option of the City, Professional agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 42 Agreement Professional Services Page 3 All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above (except Workers Compensation, Employers’ Liability, and Professional Liability) 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 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 43 Agreement Professional Services Page 4 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 certifi- cate 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 Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 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 representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 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 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 44 Agreement Professional Services Page 5 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. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires 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. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time: DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 45 Agreement Professional Services Page 6 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant 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. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 46 Agreement Professional Services Page 7 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. 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. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in 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. 18. 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. 19. General Terms. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 47 Agreement Professional Services Page 8 (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 48 Agreement Professional Services Page 9 shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 28. Waiver of Certain Damages. NEITHER PROFESSIONAL NOR CITY SHALL BE LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, FINANCING, BONDING, USE, PRODUCTIVITY OR EFFICIENCY, BUSINESS INTERRUPTION OR DAMAGE TO BUSINESS REPUTATION. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B Cedric W. Moore Jr. VP Utilities West 8/9/2022 49 Agreement Professional Services Page 10 Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 50 Agreement Professional Services Page 11 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 51 Agreement Professional Services Page 12 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 52 PROPOSAL Prepared for: City of Aspen Proposal For: Aspen Electric Utility – Paepcke West to City Market East Electric Cable Replacement Project July 27, 2022 Contact: Steve Parr, P.E. Sr. Manager, Business Development sparr@enengineering.com (720) 501-5667 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 53 2 7/27/22 Mr. Andy Rosello Aspen Electric Department 219 Puppy Smith Road Aspen, CO 81611 RE: Aspen Electric Utility – Paepcke West to City Market East Electric Cable Replacement Project Dear Mr. Andy Rossello, Thank you for giving EN Engineering LLC (“EN”) the opportunity to present you with this proposal in response to the City of Aspen’s (“COA”) request for consulting services associated with the Paepcke to City Market Electric Cable Replacement Project. Contained within is a detailed outline of EN’s depth of experience in electrical distribution design & engineering, which we have accumulated over the past 20 years. Project and capability details have been clearly outlined along with our project team and previous project references. For this project, the lead office will be Englewood (CO). EN has 30 offices around the country and over 2,700 personnel. This allows us to leverage a wide array of expertise across the country in order to meet the needs of our clients, while maintaining close contact and support. We appreciate this opportunity to provide a summary of our qualifications and look forward to meeting with you to further discuss our proposal in more detail and the next steps to begin the design services identified by the COA. Should you have any questions or require any additional information please contact me at the below provided contact information. Sincerely, Steve Parr, P.E. Sr. Manager, Business Development 9777 Pyramid Ct., Ste. 200 Englewood, CO 80112 (720) 501-5667 sparr@enengineering.com DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 54 3 Contents Section 1: INTRODUCTION 4 Company Profile 5 Operational History 5 Section 2: QUALIFICATIONS 7 Qualifications & Experience 8 Project Team 10 Section 3: Project Approach 13 Project Approach 14 Quality Assurance 19 Section 4: TIMELINE 21 Schedule 22 Section 5: COST PROPOSAL 23 Project Fee 24 Assumptions & Clarifications 26 Section 6: REFERENCES 27 Relevant Projects 28 APPENDIX 31 Resumes 32 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 55 4 Section 1: INTRODUCTION Our team members include some of the most respected experts in their field. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 56 5 Company Profile EN Engineering LLC (“EN”) is a leading national engineering services firm providing comprehensive design, engineering, inspections, and consulting services to gas and electric utilities as well as other energy and industrial end-markets. With over 2700 professionals in 30 offices nationwide, EN offers customers an unparalleled spectrum of services with expertise in electric power transmission, distribution, & generation; automation systems; integrity management; and industrial solutions. Over the course of the past 20 years, through both organic growth and strategic acquisitions, EN has become a leader in the consulting space, and has been recognized as such by Engineering News- Record. Since our inception, the core business at EN has been providing comprehensive design, engineering, and consulting services to gas and electric utilities as well as other energy and industrial end-markets. Many of our executives and project managers have come to work for us from utility companies themselves, and we pride ourselves on knowing how our clients operate their systems and what is important to them when providing our services. EN understands the importance of allocating the proper personnel to execute a project from start to finish by sustaining resource commitments of all key individuals on important projects. EN will staff this project with experienced professionals that have direct experience in the areas of underground distribution design, construction management and subcontractor coordination. Operational History EN has extensive experience in analyzing, engineering, and designing utility grade transmission & distribution systems and associated technologies, especially underground distribution systems. Associated with this experience includes significant exposure to permitting activities, subcontractor coordination, and construction management methodologies. EN also provides consulting services in the areas of energy capacity planning, assessments of infrastructure projects, resiliency, & other related work activities. Our services run the full gamut of the electric T&D space, with an emphasis on system expansion, reinforcement, repair, and modernization. We work seamlessly alongside our utility clients, regulatory agencies, and developers enhancing their capabilities and working with their standards, work management systems, design, and engineering analysis software packages. EN works with over 80% of the nation’s largest 100 Utilities as well as smaller municipal utilities. Specifically, within Colorado, EN performs distribution design work, both gas & electric, for Xcel Energy, which includes significant exposure to the local municipalities that reside in Xcel Energy service territory, as well as those municipalities and cooperatives that interconnect with Xcel Energy. Additionally, EN serves natural gas utilities all over the country, including Black Hills Energy and Atmos within Colorado. Outside of Xcel Energy, EN has distribution design experience with Pacific Gas & Electric (PG&E), CPS Energy (San Antonio), Exelon Utilities: Philadelphia Electric Company (PECO), Potomac Electric & Power Company (PEPCO); Baltimore Gas and Electric (BGE), Pedernales Electric Co-Op (PEC), American Electric Power (AEP), Eversource, National Grid, and Duke Energy among many others. As a result, we have a tremendous amount of expertise and lessons learned from real projects in the utility space. We are confident we can deliver on your scope of work and produce a project meeting all your timelines in a high quality and cost-efficient manner. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 57 6 Our project team consist of the below individuals: 1. Michael Baxter – Project Manager a. Bachelor of Science, Electrical Engineering, ITT Technical Institute 2. Joe Eaton, P.E. – Technical Lead a. Bachelor of Science in Electrical Engineering from the University of Kentucky b. Master of Science in Electrical Engineering from the University of Colorado Boulder. c. Registered Professional Engineer (Electrical) in the State of Colorado (CO License #48811) 3. Chris Mink, P.E. – Project Manager a. Bachelor of Science, Civil Engineering, Drexel University b. Registered Professional Civil Engineer 4. Kenny Kooy, E.I.T.. – Project Engineer a. Bachelor of Science in Electrical Engineering from Colorado School of Mines b. Registered Engineer-in-Training (Electrical) c. PE license in process (Electrical) 5. Stephen Contino, P.E. – Project Engineer a. Bachelor of Science, Biological Engineering, Penn State University b. Minor, Environmental Engineering c. Registered Professional Civil Engineer 6. Daniel Granados – Senior Design Engineer a. Bachelor of Science, Engineering, Electrical & Electronic 7. Tim Butler (LoneTree Energy) – ROW Agent a. Bachelor of Science from University of Northern Colorado b. Appraisal Institute / American Institute of Real Estate Appraisers: Real Estate Appraisal Principle, Basic Valuation Procedures, Capitalization Theory and Techniques, Case c. Certified General Appraiser, State of Colorado No. CGO1313505 8. George Robinson (SEH) – Project Manager a. Professional Land Surveyor in the State of Colorado b. Denver Institute of Technology - Survey Program DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 58 7 Section 2: QUALIFICATIONS EN Engineering provides a broad portfolio of engineering services—delivering excellence from start to finish, wherever energy flows and goods are produced DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 59 8 Qualifications & Experience EN has extensive experience in electrical distribution engineering projects, including both overhead and underground as displayed by our reference projects. These projects consist of a wide array of electrical and civil engineering design and construction management services, including the design of HDD bore profiles for PVC/PE Conduit, open trench in urban/residential areas, as well as relocations. Design projects that EN completes with regularity include: • The design of primary (feeder and tap) consisting of new extensions, reinforcements, and relocations (overhead and underground). • The design of overhead and underground relocations. • The design of new/relocated extensions and demo of residential & commercial services. Specifically, in regard to civil/environmental engineering, we can provide the knowledge to work through the unique complexities, permitting, and technical issues which typically surround underground distribution and site development projects. EN offers a suite of environmental services that support regulatory compliance, advance environmental safety, strengthen public relations, and reduce future costs for clients. Our environmental services include regulatory compliance, ecosystem management, assessment, and land development. With decades of operational and project experience, our environmental professionals provide expertise in engineering, hydrology, environmental science, and landscape architecture. We assist clients with planning and permitting, reporting requirements, ecological restoration, natural resources, wetland delineation, erosion and sediment control, due diligence, and facility inspection. All of EN’s underground distribution projects require intimate knowledge of client standards and the NESC, and encompass the integration of pad mounted and overhead equipment including transformers, switchgear, capacitor banks, reclosers, etc. Additionally, we have robust experience working on projects requiring multi-faceted cross functional coordination with subcontracting crews. We have a great working relationship with both SEH & LoneTree Energy, which will allow our team to assimilate quickly and provide a cohesive approach to executing the COA’s project and deliverables. This is the same cohesive team, and team members, that recently completed the Red Brick West to Red Brick North Circuit Design project for the COA. EN’s design capabilities are built on a foundation of quality, as set forth by a strict QA/QC procedure. As an ISO 9001:2015 certified company, quality is at the root of who we are and what we do. We focus on several objectives in order to ensure our work is completed on time, to the highest of quality standards: • Customer Satisfaction • Continual Improvement • On-time Projects • Integrity and Ethics • Safe Work Environments • Efficient Work Processes EN utilizes several quality controls checks and processes as a part of our Quality Management System. One of the key aspects of EN’s Quality Management System is the internal checking process that is required for all design packages. The main aspect of the internal checking process includes confirmation of the project scope, checking of the design drawings by a design coordinator, and further checking by a senior engineer or project manager after the items identified by the drafting coordinator have been revised and included in the new design drawings. After the design documents have been reviewed and accepted by the project manager, we often implement a peer review process or senior technical lead review process to evaluate the drawings and design during the final review DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 60 9 stage to ensure quality requirements are maintained before the project is released for construction. The internal checking process also includes scope reviews and final design reviews by the client representative. In addition to the internal checking process, the design process is standardized using internal and client design manuals and standards, and standardized material specifications and construction specifications. The use of standard design documents and standardized processes also reduces the chance of errors both in design and in procurement of materials. Engineering Department Review Process As outlined in chapter 29.01 of the Aspen, CO Municipal Code, the City Engineer, or designee, is the authority to make and enforce the rules and regulations contained in the Engineering Design Standards in order to carry out the intent of the standards. For the engineering review process, the City Engineer has the authority on behalf of the City of Aspen to determine that all design and construction is completed to a level that is equal to or exceeds the requirements set forth in Chapter 29.01 of the Municipal Code and the Engineering Design Standards. EN anticipates and is prepared for the City Engineer along with all relevant City stakeholders to review and provide feedback on the 30%, 60% and 90% design submittals. EN will incorporate this feedback into the next issuance of the design to ensure minimal impact to all relevant City services during the construction process. Discussions and reviews with the various COA departments are to be facilitated by the City Engineer. We recognize that any design variances from the COA’s standard must be submitted with proper justification to the City Engineer for approval. EN has obtained a copy of the most recent COA Electric Standard and intends to follow that to ensure the engineering review process goes smoothly. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 61 10 Project Team Below are the key personnel that we propose to use on this work and a summary of their experience. Additional more detailed resumes for these key resources have been provided in the Appendix. Michael Baxter, Project Manager Mr. Baxter has over 16 years’ experience with design, permitting, inspection and construction, and brings his knowledge and experience to insure proper construction of multi-disciplinary projects. He is diligent, diplomatic, and inspirational, with solid leadership, organizational and decision-making skills focused on delivering exceptional value to clients with high-quality construction. Electrical Joseph Eaton, P.E., Technical Lead Mr. Eaton has 11 years of experience working as an electrical and project engineer as well as a technical lead in the electric power, oil & gas, and electric & gas utilities industries. Joe was an electrical team lead at EN for Xcel Distribution Design projects. Joe has worked on electric distribution projects for other utility clients, including distribution design, pole loading calculations and the City of Boulder municipalization on behalf of Xcel Energy. He has regularly stamped plan & profile drawings in the state of Colorado for underground distribution designs. Joe’s role will be to provide technical design expertise, QA/QC, and PE stamping as required. Kenny Kooy, E.I.T., Project Engineer Mr. Kooy is an Engineer-in-Training experienced in electrical distribution design for overhead and underground medium voltage systems. He has developed construction drawings, construction cost estimates, GIS system designs/updates, pole loading models, voltage drop calculations, and other design package components for numerous utility clients. Mr. Kooy has been exposed to a variety of client standards, design systems, analysis tools and is experienced in using them to implement construction designs. Kenny will provide Project Engineer support and will ensure the design is to a level that is equal to or exceeds COA’s standards. Additionally, Kenny will represent EN for on-site/at office meetings. Daniel Granados, Sr. Design Engineer Mr. Granados is an Electrical Engineer with several years of experience with a wide range of electrical engineering experience, including P&ID’s and medium voltage distribution. Additionally, Daniel has experience creating complex Traffic Control Plans in support of projects. Daniel will be the lead design engineer on this project under the guidance of Joe Eaton and Kenny Kooy. Civil Chris Mink, P.E., Project Manager / Technical Lead Mr. Mink has over 23 years of professional engineering experience for both public and private development. In addition to being a licensed professional engineer he also has previously been certified as a Project Management Professional (PMP). Mr. Mink has also been certified by the US Green Building Council as a LEED Accredited Professional. His skills include stormwater management, erosion and sediment control, water and sewer service, storm drain, and roadway design. He has developed extensive knowledge of engineering design and construction. Mr. Mink deals with projects from the planning stage all the way through to bonding and permitting then through construction completion. Chris will be responsible for overall technical guidance for civil activities Stephen Contino, P.E., Project Engineer Stephen has over 7 years of experience as an environmental consultant for the energy industry. His experience includes project management, construction management, environmental permitting, stormwater management, erosion and sediment controls, wetland mitigation and scour analysis. Stephen has worked in the environmental consulting arena for several clients, including oil and gas pipeline transmission, electric transmission, hydroelectric DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 62 11 facilities, and residential/commercial construction. Stephen will work under the direction of Chris for all Civil activities. Survey / Land Rights SEH SEH is a 100% employee-owned company providing engineering, architectural, planning, and environmental services to public and private clients throughout the country. SEH has been performing survey work since its inception in 1927. They complete a full array of survey projects including aerial survey, construction staking services, ALTA surveys, cadastral surveys, retracement surveys, property boundary surveys, volumetric work, topographic surveys, cultural resources surveys, wetland delineations, right of way, platting of all types and cemeteries. Survey and GIS databases have been developed from a range of survey data products, including GLO/BLM survey records, Doppler, GPS, digitized and photo-interpreted control data. Construction staking of completed project designs has been performed for land grading, structure layout and utility alignments. Our survey experience and background provide an excellent resource in completion of a wide variety of surveys. The SEH team approaches each survey project as a unique opportunity to solve a problem and to enhance the base of knowledge on a project. Accuracy is the base of any survey. From the initial project control to final staking internal checks of datum, scope of work and plan sets are a part of how we perform our work. At every phase of a project, they have a clear understanding of the overall project goals and what the critical factors are to achieve these goals. This gives them the ability in the field to recognize potential problems and bring them to the attention of the team early on. George Robinson will be leading the survey effort for SEH. LoneTree Energy LoneTree Energy is a complete land service leader for energy development & delivery. This includes project management, Titling, GIS mapping, Mineral & Surface Acquisition and Due Diligence. Tim Butler will be leading the outreach, coordinating with SEH for Title, Survey, and Mapping, Easement Preparation and Permitting. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 63 12 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 64 Section 3: Project Approach Our team members pay careful attention to all project details, from initial scope of work to final commissions DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 65 14 Project Approach EN understands the City of Aspen Paepcke to City Market project is critical to maintaining the COA’s electrical system’s amazing track record for reliability. This project will involve site surveys, detailed plan drawings including specifications, one-line modifications, permitting support, easement legal description and site plan preparation, detailed cost estimates, and a detailed switching plan for construction to minimize/eliminate outages to replace the existing ~3,600 to 3,700 ft of feeder cable running between switchgear including all primary transformer connections. The actual construction of the circuits will be spread across two construction seasons, dividing the replacement footage in half for each phase. The design will include details on cable routing in more complex sections of the proposed alignment involving dense alleyways and offset transformer locations. EN and our subcontractors are prepared to execute all of this work in addition to working with the COA to determine the optimum route if any obstacles, such as utility conflicts, are found with the proposed route. EN’s survey partner SEH will conduct a thorough SUE survey to quality level B (option for quality level C was also proposed as an alternative) to provide visibility to all subsurface utilities, which will assist the design to ensure no unforeseen conflicts exist at the time of construction. Additionally, EN recognizes that the permitting component of this project will be a critical item, and therefore will place a large emphasis on ensuring all permitting components and timelines are adhered to. Permit acquisition services include the review and coordination of all required permits, including COA for the construction of the project. EN understands the following permit acquisition tasks are required for this project: • Review of construction and City requirements to create a list of required permits for the project. • Documentation (list) of required permits and their requirements, with communication to affected referral departments. This includes the following: o Engineering Department ▪ Right of Way (For Survey work, and for Construction Plans) ▪ Traffic Control Plan (For Survey Work) ▪ Construction Management Plan detailing • Erosion and Sedimentation control • Fugitive Dust Control • Stormwater Protection Plan (SWPP) • Support services for such applications o Parks department ▪ Tree permit o Water department o Community Development o Private Property impacts ▪ Documented Easement requirements o Other referral departments including but not limited to ▪ Aspen Consolidated Sanitation District ▪ Holy Cross Electric ▪ Black Hills Energy ▪ Comcast ▪ CenturyLink • Support the city with submittals for such permits As such, EN will maintain an open line of communication with the COA’s electrical staff throughout the course of the project in order to ensure all of the COA’s requirements are met, including a weekly update to brief the COA on the current status of the project. This update will include: • Project status, including updated completion schedules DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 66 15 • Accomplishments for this week • Plans for next week • Key issues, risks, and concerns • Action items, who is responsible and due date Furthermore, EN will schedule and facilitate monthly progress meetings to held via Web Conference which will include: • Debriefing of issues brought up by the public. • Update of activities completed since the last meeting. • Problems encountered and recommended solutions. • Review of design and any new alternatives to be considered. • Discuss if any delays are anticipated in accomplishing various tasks and re-define necessary timelines for their completions. • Schedule upcoming meetings and events. • Discuss and update the schedule (revise if necessary). • When a definable task is discussed during a meeting, the minutes will identify the “Action Item,” identify which agency is responsible for accomplishing it, and the proposed completion date. PROJECT INITIATION 1. Kick-Off: During the project initiation phase a meeting will be set with the COA, led by EN’s Project Manager, to review project scope, goals and objectives, constraints, budgets, schedules, code issues, and relevant standards & protocol. The goal of this kick-off meeting will be: o Define team members roles and responsibilities o Define key design parameters o Obtain any additional or relevant existing project information o Refine project scope o Refine project schedule based on requirements of the COA o Define any project concerns or issues o Field visit any areas of concern within the scope of this project o Discuss design recommendations o Schedule monthly project progress meeting conference call The COA will provide: o Construction methodologies on previous projects o Standard drawings that display the COA’s design preferences o Any material specifications for the anticipated equipment (to be modified by EN with project specific requirements). o Any further documentation outlining the COA’s community development and engineering review processes. 2. Basis of Design: In conjunction with the project kick-off, EN will develop a basis of design document. This document will outline the design methodologies EN plans to apply, including assumptions and considerations formulated based on EN’s past design engineering experience with the COA. The basis of design will include reference to applicable design standards and local code requirements, as well as reference to the City ROW and any and all applicable review processes. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 67 16 Through EN’s previous experience with the COA, our team is already intimately familiar with the COA’s community development and engineering review processes, and design standards. We will leverage our previous experience to ‘hit-the-ground-running’ in order to adhere to our proposed schedule. LAND USE & SURVEY PHASE 1. Research: A master data base of all direct and indirect property owners in a deliverable/abstractive spreadsheet format will be created. The abstract will contain but is not limited to: Parcel No.; Street Address; Abbreviated Legal Descriptions; Property Owner of Record (up to two individual listings); Property Owner Mailing address; Direct Contact/Representative; Contact Information, including primary phone and email addresses (to the extent available). 2. Site Survey: Provide a topographic survey for a 50 ft wide corridor that covers approximately 3,600- 3,700 ft to be used in EN’s design plans and meet all permitting requirements. This work includes: • Elevation points every 50’-75’ (or as needed per significant grade changes) • Utilities/structures/buildings/poles/fences/trees located within survey corridors • Locate and identify the COA’s existing electric infrastructure • Identify all gravel, asphalt, and concrete roadways, edges of roadways, and roadway centerlines • Identify all edges of Highways, and roadway centerlines for all Interstates within survey corridors • Locate all trees within the survey corridor • Identify all waterway edges, centerlines, and determine depth of water (if this can be done safely) • Locate and identify existing permanent and temporary structures (utilities/poles/fences/boxes/retaining walls) located within survey corridors • Identify public right-of-way, platted easements, and utility easement of record o Will provide mapping of affected property owners shape files and exhibits with salient property information • SUE Level B underground utility locates including engineered stamped plans certifying to Level B locate quality o Underground utility locates will be marked in the field o SEH will locate surface markings of underground utilities and make these locations a part of the topographic survey o Engineered stamped plans certifying to Level B locate quality will be provided to the Client o Storm and sanitary manhole inverts will be provided as well as top of nut elevations accessible from valve boxes • SUE Level C underground utility locates have been provided as an alternative option o Utility maps will be acquired o Surface utilities will be located in the field o Based on the above information, underground utility locations will be placed in a CAD file on a best fit case • Boundary Survey and Mapping o SEH will provide the research required and work with the right-of-way agent to establish existing road right of way and parcel lines adjacent to the above-described DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 68 17 topographic survey area. SEH will use this research to locate all appropriate land and parcel corners that may exist in the field. The final mapping will be based on the research and the location of found corners. • Final Base Maps & Deliverables o SEH will provide AutoCAD Civil 3D 2022 drawings. Drawings will include topographic survey data collected, boundary survey information. 3. Easement Preparation: Perform the necessary research and prepare easement documents as required (8 included in estimate). • Prepare legal description and exhibits (illustrations) of all areas that require new easement acquisitions • Utilizing forms provided by COA, will format, and prepare easement documents based on the most recent conveying document of record o Provide individual packages to COA, for dispersal of the same • COA will be responsible for all legal review of the documents o COA will provide Legal Counsel • Supervise the public recording of documents DESIGN & PERMITTING PHASE 1. 30% Submittal: The 30% submittal will serve as the preliminary plan set and provide a framework for discussion of the planned route as well as the output from the site survey. Upon submittal, EN will schedule a meeting with the COA to address any stakeholder comments. Deliverables: o Plan drawings showing feeder route centerline with easements, ROW, other boundaries, and existing utilities identified o Modified one-lines o Identification of known utility conflicts o Identification of known and required local permits for the route 2. 60% Submittal: At the 60% submittal stage, EN’s intent is always to provide the most complete design package possible given all available information at this stage. Our goal is to provide a framework to refine all of the minor tweaks, issues and comments that come up so that the 90% submittal can be a preview of the final product. Upon submittal, EN will schedule a meeting with the COA to address any stakeholder comments. Deliverables: o Plan drawings incorporating comments from 30% review meeting and ownership information o Modified one-lines o Pull calculations for conduit design o Material list including any major equipment, manholes and conduit/cable o Engineer’s estimate o Ownership list DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 69 18 o Cross sections as required, or requested, for special features such as driveways, culverts, and intersections o Special details, which include but are not limited to culverts, inlets, detention ponds, outfall protection, erosion control, and riprap (where ditch or storm-water devices are impacted). (EN’s assumption is that COA standards can be used in many circumstances) o General plan notes and project special conditions o Attend and discuss additions or revisions to plans and special provisions. Consultant shall conduct the 60% design review meeting and distribute minutes to participants within 5 working days of meeting. o Project technical specifications. Project special provisions and technical specifications shall be prepared using CDOT (or other staff approved) format. 3. 90% Submittal: At the 90% submittal stage the design should be finalized for distribution to stakeholders as required for any comments. Upon submittal, EN will schedule a meeting with the COA to address any stakeholder comments. Deliverables: o Plan drawings incorporating comments from 60% review o Modified one-lines o Pull calculations for conduit design o Final material list including any major equipment, manholes and conduit/cable o Final Engineer’s estimate o Ownership list o Finalized specifications. o Finalized cross sections as the City of Aspen requires for project plans o Finalized special details which include but are not limited to traffic signals, inlet protection, culverts, inlets, detention ponds, outfall protections, erosion control, and riprap. (EN’s assumption is that COA standards can be used in many circumstances). o Finalized landscaping plan o General notes and project special provisions. o Erosion Sediment Control (ESC) Plan ▪ Cover sheet with general notes ▪ Site plan showing limit of disturbance, location of silt fence, locations of feeder abandonment, installation of new feeders, tie in of new feeders to existing feeders, tie in of new feeders to switches, and locations of new switches ▪ ESC notes, sequence of operations, growing and non-growing season stabilization specifications, and ▪ ESC details including but not limited to construction entrance, silt fence, rip-rap apron, and inlet protection with filter fabric o Fugitive Dust Control Plan to include: ▪ Cutting/removal of pavement, excavation, soil staging, stockpiling, loading, and unloading ▪ Backfilling, compaction, pavement restoration, street sweeping, and dust control ▪ Truck covers DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 70 19 ▪ Dust control (water) on unpaved surfaces ▪ Reduced vehicle speed ▪ Deposit of soil/mud on streets ▪ Daily monitoring; and, ▪ Fugitive Dust Control Reporting o Stormwater Protection Plan o Permitting documentation o Switching Plan - A detailed switching protocol will be developed to lead the awarded contractor through a process of connecting the new primary lines to the existing transformers and switchgears found along the primary path. This protocol will serve to eliminate/minimize outage time for all service customers impacted by the primary replacement and will ensure a safe operating environment for the contractor performing the connections. A basic outline of the protocol that will be applied to each transformer location has been included in order to identify the operational logic of the full switching plan. This example is in reference to the first planned construction phase on the western half of the total scope. The final switching protocol will include equipment specific callouts and locations for each impacted switchgear and transformer for both of the two planned phases of construction. ▪ Step 1: Perform all pre-switching procedure installation work including conduit & conductor installation from SWGR to final XFMR. ▪ Step 2: Notify impacted customer of temporary short outage. De-energize terminator elbow between transformer being serviced and downstream XFMR (east) towards N.O. XFMR tXX location. ▪ Step 3: Close the established normal/open at XFMR tXX. ▪ Step 4: De-energize terminator elbow between transformer being serviced and transformer upstream (west) towards PMH XXX-XXX location. ▪ Step 5: Disconnect existing terminator elbows on transformer being serviced & reconnect new terminations. ▪ Step 6: Re-energize terminator elbow between transformer being replaced and transformer upstream (west) towards PMH XXX-XXX location. Test transformer for correct voltages. ▪ Step 7: Reestablish normal/open at XFMR tXX. ▪ Step 8: Re-energize terminator elbow between transformer being serviced and downstream XFMR (east) towards N.O XFMR tXX location. Final Submittal: The final submittal will include all elements from the 90% submittal with any required updates from stakeholders as well as a final material list and permitting information. Quality Assurance As an organization, EN has invested in the tools, methodologies, and instituted proven processes honed from delivering thousands of prior like-projects to ensure a consistent and documented approach to every new project we undertake. Our employees are supported by an infrastructure consisting of proven processes, methodologies, and communication standards to support all their efforts. We implement strict quality control procedures, and we focus on risk management mitigation strategies, and ensure multi-pronged communications are implemented across internal and external stakeholders to drive proven success rates across the projects we undertake. EN develops and maintains a Quality Management System that is specific to the services and deliverables provided by our organization. EN received the ISO 9001:2008 certification for our Quality Management System standard DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 71 20 in 2008 and we are currently an ISO 9001:2015 certified company. It is important to understand that while we adhere to the ISO 9001:2015 standard requirements, everything that we do is part of our Quality Management System. Quality performance is one of the cornerstones of our company culture and is considered a personal responsibility of all employees. To maintain quality performance of all business units at the highest level, the following aims are pursued: • To fulfill or exceed Customer needs and expectations by delivering a quality product in a consistent and timely manner. • To cultivate and maintain the commitment to continual improvement and communicate our goals and objectives to every employee. • To promote a working environment where training and tools are provided for all work to proceed in a safe and efficient fashion. • To furnish a system of policies which are periodically reviewed to ensure the ability of all groups to perform their work effectively. EN Engineering will follow our ISO process for project reviews and all project deliverables will be transmitted via a secured site. Every project will have three EN Required Quality Reviews. 1) Formatting Quality Review (FQR) which is a detailed review of drafting and formatting and templates and client standards 2) Engineering Quality Review (EQR) where the intent is to ensure project requirements have been met 3) Inter-Disciplinary Review which includes a cross-unit review and tries to identify inconsistencies between package components In addition, EN has standardized the tracking of quality reviews; this ensures that all review information is quickly accessible, retrievable, and complete. EN’s strict QA/QC process ensures a finished work product that will meet COA’s standards. However, in the situation where errors or omissions in the materials developed by EN as part of this Project are identified by EN or COA, the engineering team will work diligently to ensure the matter is corrected in a timely fashion and to the quality that meets COA’s needs. The communication plan set in place by EN’s project manager and COA will be put in place to ensure timely communication and to ensure that we meet or exceed the standards and expectations set in place by COA. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 72 21 Section 4: TIMELINE Clients across the country rely upon the EN Engineering team to deliver exceptional service and excellence from start to finish. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 73 22 Schedule Based on an award date / notice to proceed the week of 8/9/2022, EN proposes the following preliminary schedule. EN is extremely confident given our history in distribution design projects, that we are able to hit the dates outlined by the COA within the RFP. • 8/10/22 or 8/11/22 – Notice to Proceed • 8/16/22 – Kick-off Meeting and Site Walkdown • 9/6/22 – 1st Progress Meeting • 9/15/22 – 30% Submittal • 9/19/22 – 30% Submittal Review Meeting • 10/4/22 – 2nd Progress Meeting • 10/13/22 – 60% Submittal • 10/17/22 – 60% Submittal Review Meeting • 11/01/22 – 3rd Progress Meeting • 11/10/22 – 90% Submittal • 11/14/22 – 90% Submittal Review Meeting • 11/23/22 – Final Progress Meeting (if required) • 12/01/22 – Final Submittal DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 74 23 Section 5: COST PROPOSAL DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 75 24 Project Fee This proposal is provided on a Not-To-Exceed Lump Sum basis for the engineering services outlined in the scope of work above. Where possible, EN will provide value engineering in order to provide the most cost-effective solution for the project. Total NTE Lump Sum (SUE Level B Survey): $149,918 Responsible Task Description Objectives Est. Cost Est. Hours SEH Survey (Level B – Engineered stamped plans) Survey Control, Topographical Survey, Utility Locates / Traffic control / Permit Support, Boundary Survey Mapping, Final Base Maps, Easement Legal Descriptions (10 included) $ 47,034 NA LoneTree Energy Land Rights Research, Title, Easement Preparation, Permitting Support $ 32,927 NA EN Engineering Civil/ Environmental Develop plans & drafting: E&SC, SWPP, FDCP $ 13,621 135 30% Deliverable Plan Drawings, modified One- Lines, identification of known utility conflicts, identification of known permits $ 12,964 121 60% Deliverable Plan drawings modified One- Lines, material list, probable cost estimate, ownership list, special details as required, plan notes. pull calcs $ 22,315 215 90 % Deliverable Plan drawings, modified One- Lines, material list, probable cost estimate, ownership list, special details as required, plan notes, pull calcs, equipment specs, landscaping plans, switching plan $ 10,722 104 Issued for Construction All 90% elements + updated according to comments $ 6,394 59 ALL Contingency Contingency $ 3,941 34 DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 76 25 Alternative Pricing: EN would like to offer the COA an alternative pricing option which substitutes the Quality Level B survey for a Quality Level C survey. All else remains the same. Total NTE Lump Sum (SUE Level C Survey): $138,065 Responsible Task Description Objectives Est. Cost Est. Hours SEH Survey (Level C) Survey Control, Topographical Survey, Utility Locates / Traffic control / Permit Assistance, Boundary Survey Mapping, Final Base Maps, Easement Legal Descriptions (10 included) $ 35,181 NA DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 77 26 Assumptions & Clarifications This proposal, and its pricing estimate and proposed schedule, is based upon the following clarifications and assumptions: • Any work or services performed under this proposal will be performed by EN under the terms and conditions of the existing contract between EN and City of Aspen (#2022-089) and a newly issued Purchase Order for this project including the clarifications described in this proposal. All sections and portions of this proposal are an integral part of this proposal. • Schedule delays caused by issues or tasks that are outside the control of EN may result in changes to the original project schedule. • EN will be utilizing two subcontractors to complete this work. • EN will not be responsible for submitting permits but will be assisting the COA in preparing permit documentation. • There will be a total of four submittals (30%, 60%, 90% and Final) with three interim reviews (not including progress update meetings). • All meetings except for the initial kick-off meeting will be over phone/web conference (progress meetings and 30%, 60%, 90% review meetings). • All communications with stakeholders other than the COA electric utility staff will be through the COA staff. EN has not estimated holding public meetings or presentations to other stakeholders. Comments from other stakeholders will be provided to EN through the COA staff. • EN’s responsibilities under this contract will be complete after the final submittal package. If EN’s assistance is required during future construction phases, a separate contract will be required, or EN is amenable to amending this contract to include Construction Support on a T&M basis. • Pricing includes (8) Easement legal descriptions and packages. • EN did not include pricing for Additional Easement Packages (in excess of 8), a Daily potholing Rate (potholing, permitting, traffic control), or Post Pothole Survey. EN has the capabilities of completing all of the above additional services, if requested by COA during the project. If requested, EN will provide a written change order for the additional scope and associated costs. This change order document will need to be approved by COA and returned to EN prior to proceeding with the scope request or COA will provide an additional purchase order to cover the identified scope request and costs prior to EN proceeding with the work. • Right of entry and access to the sites will be provided by the client. • Work will occur in 2022 when there is little or no snow on the ground. • Our proposal does not include individual mailings to property owners, nor community outreach (i.e., newspaper, radio, websites, etc.,). • Our proposal does not include the circulation of the easements, discussion, or negotiations with landowners, and/or legal issues resulting from the easement request. o The COA will be responsible for all legal review of the documents and will provide Legal Counsel. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 78 27 Section 6: REFERENCES DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 79 28 Relevant Projects 1. City of Aspen: Red Brick West to Red Brick North UG Circuit Replacement Contact: Andy Rossello, P.E., Project Manager III PROJECT DESCRIPTION: EN engineered the replacement of the Red Brick underground primary three phase electrical circuits as well as the installation of three additional single phase underground primary cables. The design included the routing of the cable through restricted alleyways, ensuring physical and legal access to all existing service points, and coordinating with neighboring utilities. Developed a comprehensive drawing package, a bill of materials, and written technical specifications for use by the client to bid and construct the design. In addition, EN prepared Civil Site Plans for the project which included grading plans, sediment control notes, and pavement restoration details. The plans were coordinated with the electrical design in order to minimize disturbance, protect existing vegetation, and to establish fugitive dust control. Furthermore, EN coordinated with the City of Aspen Engineering Department to address Stormwater Pollution Plan requirements in accordance with City and State requirements. 2. Xcel Energy: Electric Distribution Engineering & Design and City of Boulder Municipalization Project Contact: Andrew Feldkamp, New Business Design Manager, 303-425-3823 Andrew.feldkamp@xcelenergy.com, Lex Telischak, Electrical Engineer, (303) 441-3442, TelischakL@bouldercolorado.gov PROJECT DESCRIPTION: For the past several years EN has provided electric distribution engineering & design support to Xcel Energy. This has included feeder level and sub feeder designs, Commercial and Residential requests for electric service, OH to UG conversions, roadway relocation projects and reinforcements of system upgrades with Xcel Energy’s electric capacity and engineering departments. In 2019, EN provided engineering design for a detailed separation plan, on behalf of Xcel Energy, for the potential municipalization of the City of Boulder’s Electric system. The project consisted of 35 miles of underground feeder design including cable replacements and profiles for major utility crossings in support of the underground facility designs. It also included coordinating large sub-contracting crews to perform locating of underground foreign utilities including water, sewer, storm drain, and gas utilities. 3. Alliant Energy: Centerville Square Overhead to Underground Conversion Contact: Jeff Royer, Field Engineer, T: 641-437-5143 PROJECT DESCRIPTION: EN designed to convert the “Centerville Square” distribution system from overhead to underground. This area was serviced by a series of overhead metal H-frame structures that surround the square. These H-frames supported platform mounted transformers that fed a variety of mid-span and pole mounted overhead taps to indoor and outdoor meters. Due to the expansion and demolition of buildings around the square over past decades, there was limited consistency between service locations and construction. The resulting assembly of customer services is congested, difficult to track, and in some cases unsafe for vehicle and pedestrian traffic. In order to improve the reliability, safety and cleanliness of the square’s utilities, Alliant Energy converted the system to an underground network that utilizes pad mounted transformers and pedestals to feed updated, and in some cases retrofitted, customer meters. EN sent team members to field note all the existing overhead structures and meter locations in order to accurately map all the services that need to be converted. Our engineer’s tracked hundreds of services and thousands of site photos to ensure that each customer and building was accounted for in the design of the proposed conversion. Detailed voltage drop calculations were performed for each meter to determine optimal cable routing and sizing which is impacted greatly by the shift to an underground system. EN also leveraged its experienced team of both electrical and gas utility engineers to consolidate the design of the joint trench Alliant Energy proposed to one firm. The designers are also involved with creating easement exhibits for proposed pads, coordinating with communication companies and third-party surveyors, and securing DOT permits. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 80 29 4. Baltimore Gas & Electric: 4 kV to 13 kV Ageing Feeder Replacement & Conversion Contact: Kerri Chomet, Sr. Engineering Technical Specialist, kerri.m.chomet@bge.com, 410-470-7914 PROJECT DESCRIPTION: Since 2006 EN has provided electric distribution engineering & design support to BGE completing hundreds of projects through to the present. One such project involved a job that converted an aging 4kV feeder to a 13kV feeder. Due to a lack of available space, designing construction plans in Baltimore requires a high level of ingenuity. Voltage conversions require an extra level of care and coordination, as the majority of the existing system had to be inspected and replaced to allow for the higher voltage. Extra thought and coordination were needed to plan for the conversion in a way that minimizes outages to the customers. For this project, EN: a. Performed structural analysis on 67 utility poles. b. Identified pole renewals, new installs, and framing updates that comply with the National Electrical Safety Code (NESC) and BGE 13kV standards. c. Designed the replacement of 4000 Linear Feet (LF) of overhead conductors. d. Provided plan and profile designs for 400 LF of concrete encased conduit duct bank. e. Provided plans to install 1 new electric manhole, 4 electric vaults to house submersible electric equipment, and enlarge 3 existing manholes. f. Provided plans to install 13,500 LF of underground conductors in existing and proposed concrete conduit duct banks. g. Provided plans to remove 3,500 LF of obsolete conductors. h. Provided all permit submittals. i. Coordinated with BGE to identify all required Right-a-Way agreements. j. Notified all impacted customers. k. Developed a Bill of Materials and updated BGE’s GIS system l. Identified environmental impacts. m. Identified additional costs in paving restoration. n. Identified required traffic control. o. Collected field data and obstructions. 5. Duke Energy: Cincinnati Downtown Network Cable and Duct Replacements Contact: Jeff Humphreys, Engineering Manager, T: 513-458-4081 PROJECT DESCRIPTION: EN has partnered with Duke Energy’s Network Design team on numerous programs to update and harden the Cincinnati Network and surrounding underground infrastructure. Projects assigned included: a. PILC replacement- EN worked through one feeder at a time. We partnered with Duke’s construction crews to open every manhole along the feeder and identify where PILC cable was existing. We then designed for new copper to be installed, prioritizing the utilization of existing ducts where possible and designing new ducts where spares were not available. b. Secondary Mains replacements- Assigned one city grid at a time, we inspected the existing secondary mains network for aging cable, falling buss bars, and areas where other improvements could be made. Using the inspection results, we created detailed design drawings and material lists for construction. c. Live-front Equipment Replacement- EN inspected existing switchgears and transformers to confirm if they were live-front or dead-front. If they were found to be live-front, EN designed the replacement of the device and any structural replacements or changes that need to be made to the pad or foundation the devise was sitting on. d. Transformer Oil-Mitigation- EN designed for the installation of sump pumps in over 100 vaults in Cincinnati’s Network. EN provided direction where to install the pit for the sump, civil designs for re-grading the vault floor to allow oil and water to run to the pump, and electrical diagrams showing how to connect the sump’s sensors to the network protectors so they could be remotely monitored. e. Orangeburg Duct Replacements- Collapsing Orangeburg ducts were causing prolonged outages on Duke’s system. EN proactively designed for the replacement and removal of Orangeburg identified on DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 81 30 multiple feeders, including detailed engineering design, a detailed bill of materials, and assisting with permitting. 6. Pacific Gas & Electric (PG&E) Wildfire Hardening: Half Moon Bay Hardening & Undergrounding Contact: Jim Brisky, Manager, Contract Estimating, (559) 974-3332, jim.brisky@pge.com PROJECT DESCRIPTION: For the past several years EN has provided electric distribution engineering & design support to PG&E within their fire hardening workstream. To date we have completed nearly 80 miles of fire hardening projects throughout Northern California. One such project scope was to harden in place 1.2 miles of tap lines and underground an additional 800’ of primary and services. The design called for all lines to be 1/0 ACSR Tree Wire and poles class one or larger. We replaced all open wire secondary and non-insulated material with insulated secondary wire (AWAC) and insulated material. EN surveyed all existing poles and staked new pole locations. We worked closely with the land and environmental departments to obtain easements for poles and anchors and to ensure we were mitigating the environmental impact. Our field engineers collected GPS coordinates and elevation of all existing and proposed locations. Again, for the overhead portion our engineers and designers used O-Calc for the pole loading and AutoCAD to create the construction and schematic drawings. For the underground portion of this project, our engineers worked closely with the land department to obtain easements for the new underground primary, secondary running lines, along with the installation of the new equipment. The engineer conducted Voltage Drop and Voltage flicker study, along with pulling calculations for the underground design. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 82 31 APPENDIX DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 83 Michael Baxter Page 1 of 3 Project Manager - Electrical Rev. 06-2022 Overview: Mr. Baxter has been involved with residential and commercial engineering, and design documents his entire life, as his father was an architect and building official. He has over 16 years’ experience with design, permitting, inspection and construction, and brings his knowledge and experience to insure proper construction of multi-discipline projects. He is diligent, diplomatic and inspirational, with solid leadership, organizational and decision-making skills focused on delivering exceptional value to clients with high-quality construction. Experience: 07/2021 to 04/2022 Electrical Engineer, Project Manager Pennell Consulting － Spokane, WA Retaining the knowledge and skill sets from previous employment, has continued to grow within the management and engineering field. Examined on-site electrical systems and equipment to identify faults and devise design corrections. Vast Knowledge of current and past California Building codes and regulations. Forecasted, scheduled and monitored project timelines, personnel performance and cost efficiency. Collaborated with cross-functional teams to draft project schedules and plans. Handled continuous project monitoring and management, including developing forecasts, tracking expenses and approving payments. Maximized cost-effectiveness of projects through value engineering processes to assess methods, materials and means. Presided over subcontractor kickoff meetings to review project requirements, schedules and compliance. Brought projects in on-time and in accordance with budget and quality standards. Initiated meeting of electrician contractors to improve communications and convey project expectations and requirements. Modified and reconstructed project plans to better align with organizational objectives. Completed full-scale project plans, including overseeing engineering activities and design processes. Utilized CAD drawings to provide design documentation. Coordinated complex contract administration, including defining project milestones and developing budget. Responded to requests for information for general and specific power line design requirements. Built strong community relations with subcontractors and vendors to optimize cost savings and complete timely preconstruction. Managed inspection activities and reports for code compliance. Interpreted Construction documents, Electrical, Civil, Mechanical, Structural and Plumbing Drawings to insure proper code compliance. Provided Title 24 Compliance and Acceptance documents. Reviewed construction documents to insure and local requirements have been meet. Provided CALCTP inspections when construction has been completed, created and submitted forms to local jurisdiction for certificate of occupancy. Maintain CALCTP Acceptance Test Technician license. Key Relevance Multi-Unit Operations Management Budgeting and Forecasting Permit Processing Code Compliance Complex Problem-Solver Job Title: Project Manager, Electrical Education: BS, Electrical Engineering, ITT Technical Institute (Clovis, CA) Platform Literacy: •CALCTP Docs and Forms •Navis Works •Army Core of Engineer Docs •OHSPD Docs •Bluebeam •Adobe •DSA Docs •REVIT Software Experience •Microsoft Office Suite DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 84 Michael Baxter Page 2 of 3 Project Manager - Electrical Rev. 06-2022 01/2017 to 01/2019 Electrical Engineer, Project Manager Thoma Electric INC － San Luis Obispo, CA Retaining the knowledge and skill sets from previous employment, has continued to grow within the management and engineering field. Examined on-site electrical systems and equipment to identify faults and devise design corrections. Vast Knowledge of current and past California Building codes and regulations. Forecasted, scheduled and monitored project timelines, personnel performance and cost efficiency. Collaborated with cross-functional teams to draft project schedules and plans. Handled continuous project monitoring and management, including developing forecasts, tracking expenses and approving payments. Maximized cost-effectiveness of projects through value engineering processes to assess methods, materials and means. Presided over subcontractor kickoff meetings to review project requirements, schedules and compliance. Brought projects in on-time and in accordance with budget and quality standards. Initiated meeting of electrician contractors to improve communications and convey project expectations and requirements. Modified and reconstructed project plans to better align with organizational objectives. Completed full-scale project plans, including overseeing engineering activities and design processes. Utilized CAD drawings to provide design documentation. Coordinated complex contract administration, including defining project milestones and developing budget. Responded to requests for information for general and specific power line design requirements. Built strong community relations with subcontractors and vendors to optimize cost savings and complete timely preconstruction. Managed inspection activities and reports for code compliance. Interpreted Construction documents, Electrical, Civil, Mechanical, Structural and Plumbing Drawings to insure proper code compliance. Provided Title 24 Compliance and Acceptance documents. Reviewed construction documents to insure CALGreen and local requirements have been meet. Provided CALCTP inspections when construction has been completed, created and submitted forms to local jurisdiction for certificate of occupancy. Maintain CALCTP Acceptance Test Technician license. 07/2015 to 01/2017 Electrical Engineer, Project Manager Above Grade Engineering － San Luis Obispo, CA Retaining the knowledge and skill sets from previous employment, has continued to grow within the management and engineering field. Examined on-site electrical systems and equipment to identify faults and devise design corrections. Handled continuous project monitoring and management, including developing forecasts, tracking expenses and approving payments. Presided over subcontractor kickoff meetings to review project requirements, schedules and compliance. Initiated meeting of electrician contractors to improve communications DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 85 Michael Baxter Page 3 of 3 Project Manager - Electrical Rev. 06-2022 and convey project expectations and requirements. Coordinated complex contract administration, including defining project milestones and developing budget. Provided CALCTP inspections when construction has been completed, created and submitted forms to local jurisdiction for certificate of occupancy. Maintain CALCTP Acceptance Test Technician license. 02/2006 to 06/2015 Electrical Engineer, Project Manager Westech Systems Inc. － Clovis, CA Designed and implemented electrical equipment, facilities and systems. Managed resources, created project schedules and maintained department budgets. Vast Knowledge of current and past California Building codes and regulations. Forecasted, scheduled and monitored project timelines, personnel performance and cost efficiency. Collaborated with cross-functional teams to draft project schedules and plans. Maximized cost-effectiveness of projects through value engineering processes to assess methods, materials and means. Brought projects in on-time and in accordance with budget and quality standards. Modified and reconstructed project plans to better align with organizational objectives. Completed full-scale project plans, including overseeing engineering activities and design processes. Utilized CAD drawings to provide design documentation. Responded to requests for information for general and specific power line design requirements. Built strong community relations with subcontractors and vendors to optimize cost savings and complete timely preconstruction. Interpreted Construction documents, Electrical, Civil, Mechanical, Structural and Plumbing Drawings to insure proper code compliance. Provided Title 24 Compliance and Acceptance documents. Reviewed construction documents to insure and local requirements have been meet. Provided CALCTP inspections when construction has been completed, created and submitted forms to local jurisdiction for certificate of occupancy. Maintain CALCTP Acceptance Test Technician license. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 86 Joseph Eaton, PE Page 1 of 2 Technical Lead – Utilities Overview: Electrical Technical Lead with 12 years of experience working on overhead and underground electrical distribution design projects as well as power & Instrumentation projects in the oil and gas (upstream and midstream) industry and the electric and gas utilities industries. Relevant positions prior to EN Engineering include Project Engineer at Farnsworth Group, Electrical Engineer at Wood Group Mustang and Electrical Design Engineer at Wood Group GTS (now EthosEnergy). Relevant Projects: Xcel Energy, Multiple Projects, Technical Lead. Technical Lead overseeing design engineering for RTU/instrumentation and electrical facility design at multiple Xcel Energy High Pressure gas facilities in Colorado and Minnesota. Location: CO, MN Sitewise, Plan and Profile Drawing Review, Technical Lead / P.E. Professional Engineering review and stamping of plan and profile drawings for electrical underground utility installations in the Denver Metro area. Location: CO Pacific Gas and Electric Company, Technical Lead / P.E. Professional Engineer review of pole loading calculations for large assessment/replacement program. Location: CA Xcel Energy, Distribution Design, Electrical Design Team Lead. Lead Electrical Engineer over a large team of design technicians designing overhead and underground electrical distribution system upgrades. Duties included training, mentoring, client communications, quality control reviews and standards development. Location: CO Xcel Energy, Valve Automation Project, Sr. Project Engineer. Serving as Sr. Project Engineer for system wide safety improvement and modernization of large gas distribution/transmission network. Responsible for electrical & instrumentation design pertaining to an improved RTU design, control instrumentation, and developing a standard recommended electrical design. Location: CO Minnesota Energy Resources, SCADA Upgrades, Sr. Project Engineer. Design of electrical and instrumentation installations at town border stations, regulator stations and meter stations. Station designs included integration of odorizing systems with custom RTU designs and installation of pre-fabricated RTU systems (e.g. Eagle Research XARTU). Location: MN City Light & Power, Street Light Design, Sr. Project Engineer. Provided electrical engineering services for a street light design project in the city of Aurora, CO. Key Relevance Electrical and Control Equipment Specification Low & Medium Voltage Power Dist. System Design Hazardous Area Classification Studies Oil & Gas Facility Electrical & Instrumentation Engineering Electrical Construction Support Power System Studies (Load Flow, Short Circuit Analysis, Arc Flash Analysis, Coordination) Grounding Systems Design Valve Automation Design Overhead and Underground Electrical Distribution Design for Electric Utilities Job Title: Technical Lead Utilities Education: BS, Magna Cum Laude, Electrical Engineering, University of Kentucky MS, Electrical Engineering, University of Colorado Professional Registration: CA, CO, FL, GA, KS, LA, MI, MN, MT, ND, NM, NV, NY, OH, OR, PA, SD, TX, UT, VA, WA, WV, WY DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 87 Joseph Eaton, PE Page 2 of 2 Technical Lead – Utilities Xcel Energy, Lancaster Interconnect Facility, Sr. Project Engineer. Electrical/instrumentation project lead for the detailed design of a new interconnect facility and gas purchase point. The project included the design and specification of an integrated RTU and gas chromatograph building. Location: CO Xcel Energy, Tungsten-Bobtail Facility Design, Sr. Project Engineer. Electrical/instrumentation project lead for the detailed design of multiple new facilities in the Front Range for metering, regulation and automated valve control. Location: CO Sunoco Logistics, SKM Power System Studies, Project Engineer. Provided client with a full report and analysis of their electrical power system including load flow, short circuit, arc flash, circuit breaker settings and coordination. Location: TX DTE Energy, Nexus - Milford Compressor Station Expansion, Project Engineer. Developing specifications for procurement of electrical equipment including stand-by gas-engine powered generator, substation transformers, double-ended switchgear with smart transfer controls, motor control centers and variable frequency drives. Location: MI Work performed at Farnsworth Group: Summary. Project lead for electrical and instrumentation/controls upgrades at midstream oil and gas facilities. Experience includes project estimating, detailed electrical/instrumentation engineering and design, SKM power system studies, equipment specifications and code compliance reviews. Selected Project (Farnsworth Group): Magellan Midstream Partners, Corpus Christi Splitter Pipeline and Dock Line Facilities. Detailed electrical engineering and design for pump station, remote valve sites and ship loading terminal at Corpus Christi shipping channel. Location: TX Work performed at Wood Group Mustang: Summary. Electrical lead and support engineer for new electrical systems and upgrades at upstream and midstream oil and gas facilities. Experience includes ETAP and SKM power system studies/reports, construction support, detailed electrical engineering and design, procurement support and construction cost estimating. Selected Project (Wood Group Mustang): Anadarko, Hudson Central Water Separation Facility. Detailed electrical engineering and design for upstream water separation facility addition to an existing compressor station in Hudson, CO. Location: CO Professional Organizations & Affiliations: Institute of Electrical and Electronic Engineers (IEEE) – Member of IAS and PES Platform Literacy: •MS Office •AutoCAD •ETAP •SKM •Smallworld •Passport •SAP DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 88 Kenneth Kooy Project Engineer – Electric Utilities Page 1 of 3 Overview: Mr. Kooy is primarily experienced in electrical distribution design for overhead and underground medium voltage level systems. He has developed construction drawings, construction cost estimates, GIS system designs/updates, pole loading models, voltage drop calculations, and other design package components for numerous utility and municipality clients. Mr. Kooy has been exposed to a variety of client standards and is experienced in using them to implement construction designs. Job Title: Project Engineer Electric Utilities Education: •BS , Electrical Engineering, The Colorado School of Mines Professional Registration: •NCEES E.I.T. Platform Literacy: • ArcFM • G-Tech • O-Calc • PoleForeman • SEDS • STORMS • CYME • Maximo • SAG10 • Bentley Online Utility Designer w/MicroStation Relevant Projects: American Electric Power Ohio – DACR Recloser Planning Program. Electrical Planning Engineer. Worked as part of the ENE design team and planning team to model client circuits for new DACR Viper installations. Collaborated with the client to ensure proper protection coordination, proposed location constructability, and device settings for the new protection scheme. City of Aspen – Red Brick Underground Circuit Replacement and Expansion. Electrical Sr. Design Engineer. Engineered the replacement of the Red Brick underground primary three phase electrical circuits as well as the installation of three additional single phase underground primary cables. The design included the routing of the cable through restricted alleyways, ensuring physical and legal access to all existing service points, and coordinating with neighboring utilities. Developed a comprehensive drawing package, a bill of materials, and written technical specifications for use by the client to bid and construct the design. Indianapolis Power & Light – TDSIC Deteriorated Conductor Program. Technical Lead, Design Quality Assurance Lead, Electrical Design Engineer. Worked with design team and the client to carry out their first TDSIC program which included the field noting, design, estimate, review, tracking, and submission of all the reconductor designs assigned by the client. Trained the ENE team on design procedures based on past experience and client expectations, including the use of client programs such as G-Tech and OCalc. Created procedure for creating materials and giving project benchmark presentations required by client. Performed the QA/QC of all the designs created by the ENE team. Indianapolis Power & Light – Make-Ready Comm Coordination Program. Electrical Design Engineer. Worked with client to integrate ENE team into make-ready program workflow. Helped to train design team on design, project, and document routing procedures. Completed comm pole replacement designs and completed QA/QC for team members’ designs. Key Relevance Electrical Design Distribution Engineering Construction Estimation Distribution Planning DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 89 Kenneth Kooy Sr. Design Engineer – Electric Utilities Page 2 of 3 Relevant Projects (Cont’d): Indianapolis Power & Light – 2020 TDSIC Osmose Pole Replacement Program Electrical Design Engineer Managed a team of five designers for the 2020 TDSIC Osmose reject batch of 300+ poles. Delegated work assignments, assisted with design questions, performed internal QA, corresponded with client, and tracked the progress of all pole designs. The particularly short deadline set by the TDSIC program and the unique remote work situation afforded an opportunity to practice a more involved leadership style with frequent individual and team check-ins as well as extra detailed project tracking. Duke Energy – Live-Front Switchgear Replacement Program Electrical Design Engineer. Completed the first set of switchgear replacement designs carried out in the Cincinnati office for Duke Energy. Created drawing prints and detailed cost estimates for the designs. Worked with the client to determine required materials for the new switchgears using historical standards and operational expectations. Coordinated with the regional utility planner to set standard switch settings and fuse sizing. Duke Energy – Major Project Reconductor Electrical Design Engineer Completed redesigns of overhead three phase distribution lines in ~2 mile sections across multiple circuits with client tools including BOUD, MicroStation, and Maximo. Created construction drawings and a detailed construction estimate for the poles, equipment, conductor, and other miscellaneous construction costs. Also completed the field noting and designed pole models in PoleForeman in order to confirm the constructability of the design. Alliant Energy – Centerville Underground Conversion. Electrical Sr. Design Engineer. Designed the underground conversion of the Centerville Square electrical system. First completed a thorough field survey of all existing customer meters and service feeds around the square in order to create an accurate account of existing loading conditions. Used client loading projections and an internally designed spreadsheet to track the loading, location, cable feed lengths, and voltage drop of the hundreds of customers located around the square. Using these voltage drop calculations, distribution and service cables were designed around the perimeter of the square to feed strategically placed pad mount transformers. Produced easement drawings with the EN drafting team to secure new equipment locations. Ensured that all new equipment followed NESC safety clearance requirements. Currently creating the construction cost estimate of this underground conversion in the client estimating tool STORMS DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 90 Kenneth Kooy Sr. Design Engineer – Electric Utilities Page 3 of 3 Relevant Projects (Cont’d): Vectren Electric – Christmas Lake Network Upgrade. Electrical Design Engineer. Designed the underground feeder system for the Christmas Lake neighborhood based on future loading projections and looped switching reliability goals set by the client. Created a per phase loading study of the neighborhood using client standards and a customer map drafted by the ENE team. Placed new switchgears across the neighborhood in a looped system to feed all existing and potential customers. Updated the map with phase specific loading projections to balance the entire neighborhood by phase across the three main feeds and at each individual switchgear. Built a complete construction estimate and GIS update using ArcFM for the design including the addition of the new underground feeds, a new overhead feed, electrical equipment, and the trenching or boring of all new distribution cable. Pacific Gas & Electric – Urgent Pole Replacement Program Contract Designer Completed a number of urgent pole replacement designs using a multitude of client programs and procedures including OCalc, SAP, EDWeb, AutoCAD and JPA. Designs included pole models, construction cost estimates, joint use agreement updates, construction drawings, and form submittals. Worked within a large design team to enable accurate job tracking, billing, QA/QC record keeping, and on time submittal. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 91 Page 1 of 3Christopher R. Mink, PE Senior Project Manager Rev. 011422 Overview: Mr. Mink has over 23 years of professional engineering experience for both public and private development. In addition to being a licensed professional engineer he also has previously been certified as a Project Management Professional (PMP). Mr. Mink is also been certified by the US Green Building Council as a LEED Accredited Professional. His skills include stormwater management, erosion and sediment control, water and sewer service, storm drain, and road way design. He has developed extensive knowledge of engineering design and construction. Mr. Mink deals with projects from the planning stage all the way through to bonding and permitting then through construction completion. Relevant Projects: Enbridge – Bernville Compressor Station Upgrade Sr. Technical Lead Professional Engineer for civil and environmental design for a site rebuild and expansion of an existing compressor station site. Team Leader for the design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 17.6 acres of site disturbance. Reviewed and issued submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Enbridge – Shermans Dale Compressor Station Upgrade Sr. Technical Lead Professional Engineer for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. Team Leader for the design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 30.1 acres of site disturbance. Reviewed and issued submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Exelon/BGE – Manor Gate Station Replacement Project Engineer Civil Engineer responsible for site design and permitting on a gate station replacement in Baltimore County Maryland. Tasks included grading, sediment control, stormwater management, NPDES permitting, forest conservation, and septic design. Prepared and acquired all necessary permits, including the new buildings and the demolition of the existing gate station. Exelon/BGE - Exposed Mains Remediation Program Project Manager Responsible for coordinating with BGE on a program to repair exposed gas services and mains. Project included 40 different exposed sites with gas lines ranging in size from 1-1/2 inch services to 26-inch transmission mains. Work included surveys, design, environmental permitting, and construction management. Project won BGE’s 2012 Environmental Achievement Award. Resume Highlights BGE Engineer of Choice Erosions And Sediment Control Stormwater Management Design & Permitting Managed projects from planning through construction completion. Job Title: Senior Project Manager Distribution Education: •BACHELOR OF SCIENCE, Engineering, Drexel University Professional Registration: •Professional Engineer – MD •Professional Engineer - PA DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 92 Page 2 of 3Christopher R. Mink, PE Senior Project Manager Rev. 011422 Aggregate Industries - Bladensburg Terminal Project Manager Civil Engineer for multiple improvements to a major rail unloading and distribution facility in Prince George’s County, Maryland. Design and Supervision of utility upgrades, concrete and asphalt plant developments, public and private road design, rail alignments and unloading facilities, and permitting and bonding requirements. BP Solar - Casting Facility Expansion Project Manager Civil engineer for a 140,000 square foot building expansion in the City of Frederick, Maryland. Project included oversight of all facets of engineering, review of plans, and coordination of permits and bonding. Special considerations were given to foundations in Karst terrain and retrofitting for on-site and off-site storm water management. Greenway Farms – Residential Developer. Civil Engineering Lead/Project Manager. Project Engineer/ Manager for this 609-unit residential development in Havre De Grace, Maryland. Project includes design and supervision of all infrastructure including roadways, drainage, sediment control, post construction stormwater management, public water & sewer utiltiies on an 81.5 Acre site. Responsible for all facets of engineering, review of plans, and coordination of permits and bonding. Perryman Logistic Center / Hopewell Farm Civil Engineer/Project Manager Led design team for engineering & environmental design resources to successfully obtain all approvals allowing construction of a 600,000+ sf cross-dock warehouse distribution center. Project required creative site work to meet post construction storm water quantity and quality management requirements for a significant amount of impervious surfaces while maximizing the building size, loading docks and truck/trailer storage. Additionally, the project involved successful abandonment of a County Road/ROW, offsite reforestation involving Harford County Parks & Recreation and plan adjustments as potential tenants were negotiating lease options with our client. Harford County Airport Redevelopment Civil Engineer/Project Manager Provided project planning, preparation of construction drawings and survey plats and plans. Also provided the engineering and environmental design necessary to complete an upgrade to the existing airport site through the construction of a new runway, hangers, administrative buildings and parking on a 172.61 +/- acre site. Professional Organizations & Affiliations: Member ASCE Member PMI Platform Literacy: Autocad Microstation DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 93 Page 3 of 3Christopher R. Mink, PE Senior Project Manager Rev. 011422 Relevant Projects (Cont’d): Baywood Hotels - White Marsh Project Manager Project Engineer / Manager for new hotel development from preliminary design to final construction and project close out. Design and supervisions for all site work including storm water, sediment control, State Highway Improvements, sanitary force main and pump station. The project also included stream restoration and culvert design. Exelon/ BGE - Gas Area Replacement Program Project Manager Led design team on environmental permitting for numerous gas upgrade projects throughout the BGE service area and municipal jurisdictions. Performed surveys then prepared plans, calculations, applications, and waivers for erosion and sediment control and stormwater management required in order to construct the gas main and service upgrades Town of North East - Road and Sidewalk Improvements Town Engineer Responsible for municipal improvement projects. Recent projects included $1.4 million road and sidewalk rehabilitation program throughout the Town limits, 8” water main replacement through a six-block section of the downtown area, shore revetment design for the public park along the Chesapeake Bay, and storm drain repairs throughout the town. Work involves design, cost estimating, permitting, public bidding, construction monitoring, and as-built acceptance. Exelon/BGE - Tower 287 & 288 Foundation Protection Project Manager Responsible for a grading, drainage, and protection improvements around BGE electric transmission towers located along the Patapsco River and Interstate I-95. Secured grading permits, plan approvals, and access easements with multiple agencies involved. Designed drainage swales and foundation armoring to protect existing tower concrete foundations influenced by high stream flows during storm events. Exelon/BGE - Granite Line Relocation Project Engineer Civil Engineer responsible for securing grading permit and sediment control approvals for the relocation of over 5,000 linear feet of a 26-inch gas transmission main through Baltimore County and Baltimore City. Work included construction sequencing, mapping potential utility conflicts, maintenance of traffic considerations, and general constructability issues. Exelon/BGE - Tower 1053 Project Manager Worked with project team for the replacement of an existing steel truss electric tower to a new steel pole. Coordinated site access issues, environmental constraints, soil borings, and foundation designs with various team members. Managed team communications, project scope changes, and monthly reporting as required. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 94 Page 1 of 3Stephen Contino, PE Project Engineer rev.122021 Overview: Stephen has over 8 years of experience as an environmental consultant for the energy industry. His experience includes project management, construction management, environmental permitting, stormwater management, erosion and sediment controls, wetland mitigation and scour analysis. Stephen has worked in the environmental consulting arena for several clients, including oil and gas pipeline transmission, electric transmission, hydroelectric facilities, and residential/commercial construction. Relevant Projects: Enbridge – Holbrook Compressor Station Upgrade Sr. Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 20.1 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Enbridge – Perulack Compressor Station Upgrade Sr. Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 30.4 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Enbridge – Bechtelsville Compressor Station Upgrade Sr. Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 16.14 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Enbridge – Lilly Compressor Station Upgrade Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 32.6 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Enbridge – Grantville Compressor Station Upgrade Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 32.2 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Key Relevance Environmental Permitting Wetland Mitigation and Habitat Restoration Stormwater Management Soil Erosion and Sediment Control Design/Build Projects Construction Services Job Title: Senior Project Engineer Distribution Education: •B.S., Biological Engineering, Minor: Environmental Engineering, Certificate: Residential Construction Management, The Pennsylvania State University •Graduate Certificate in Project Management, The Pennsylvania State University Professional Registration: •Professional Engineer DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 95 Stephen Contino, PE Page 2 of 3 Project Engineer – Distribution rev.122021 Enbridge – Bernville Compressor Station Upgrade Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 17.6 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Enbridge – Shermans Dale Compressor Station Upgrade Project Engineer Responsible for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. The design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 30.1 acres of site disturbance. Coordinated and prepared submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals. Williams – Constitution Pipeline Wetland Mitigation Environmental Professional As a member of a wetland mitigation design team, worked on preliminary and final designs for the wetland, culvert, and stream bank stabilization; cost analysis; and regulatory permitting for USACE, PADEP, and NYSDEC. As a leader of the field investigation team, created soil data logs for sites, communicated with land owners and attorneys, assisted biologist in wetland delineations, and coordinated with subconsultants and subcontractors. As construction manager and assistant to the project manager, worked with a team to develop contracts with subcontractors and subconsultants, forecasted the project timeline, forecasted costs, managed financials, managed geotechnical contractors and subcontractors who conducted exploratory work on site, and led preconstruction meetings. Williams – Constitution Pipeline Scour Analysis Environmental Professional To address a recent Pipeline and Hazardous Materials Safety Administration regulation, contributed to a desktop analysis of more than 370 stream crossings and collected additional field data at 86 stream crossings along the 125-mile pipeline. Led a field team to determine the stability of streams at proposed crossings and developed recommendations regarding engineering, construction, and maintenance tasks to minimize risk to the pipeline. Baltimore Gas & Electric – Exposed Gas Mains Environmental Professional As a project engineer and construction manager for shallow and exposed gas mains, conduct initial site inspections, test pit operations to locate gas mains, design fixes/repairs, erosion and sediment control plans, manage construction activities, complete environmental permitting, and NPDES inspections. Baltimore Gas & Electric – Tower 141 Foundation Repair Environmental Professional As project engineer and construction manager, directed contractor on site in moving Bennett Creek 30’ from its current location and constructing a ‘living wall’ to protect the foundation of a utility tower. Conducted NPDES inspections. Certification/Training: •OSHA 30 Certification •OSHA 10 Certification •MDE E&SC Certification (Responsible Persons Card) •NSC First Aid/CPR Platform Literacy: •Microsoft Office (Excel, Word, Outlook, Project, PowerPoint, Publisher, Skype for Business, Teams) •Autodesk (AutoCAD, Civil 3D, Storm and Sanitary Analysis, Carlson Civil) •Microstation •Deltek Vision •ArcGIS •GE Smallworld •TR-20, TR-55, HEC-1, HEC-RAS •HydroCAD DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 96 Stephen Contino, PE Page 3 of 3 Project Engineer – Distribution rev.122021 Baltimore Gas & Electric – Corrosion Database Corrosion Professional As corrosion professional, review GIS databases and determine cathodic protections associated with distribution and transmission mains throughout the Baltimore Gas & Electric service area. Talen Energy (Formerly PPL) – Holtwood Hydroelectric Redevelopment Environmental Professional Surveyed the site and prepared a preliminary design for a parking lot. Calculated the volume and flow rate of stormwater runoff before and after construction. Redesigned swales and sized pipes to manage runoff from as-built conditions. Monitored construction of stormwater best management practices (BMPs) for ash basins and new structures. Inspected erosion and sediment control measures and stormwater BMPs. Completed permit packages to extend Department of Environmental Protection coverage. As a design engineer, developed plans and permit documents for armoring an ash basin to lower its hazard classification from High to Significant. As a member of the design team, contributed to quality assurance and quality control for the designs for two osprey nesting platforms. As construction manager, developed contracts with subcontractors, met with subcontractors regarding the design, and managed installation of nesting platforms on land and water. PPL Electric Utilities – Distribution Upgrade Design Engineer As a design engineer, walked the site with PPL and contractors to provided erosion and sediment control plans and observe work being done to upgrade the distribution grid such as replacing old towers and adding new towers. First Energy – Yards Creek Hydroelectric Design Engineer As design engineer, prepared the Erosion and Sediment Control Plan. As resident engineer on site, conducted quality assurance checks and managed contractors during the construction of an emergency spillway on a pumped storage hydroelectric power plant and conducted three 24-hour studies to monitor post-construction conditions above and below ground of the newly installed emergency spillway. Hemlock Farms– Road Flooding and Water Quality Project Design Engineer As design engineer, designed stormwater ponds, stilling basins, pond outlet structures, energy dissipaters, wetlands, swales (vegetated and riprap lined), bioswales, retentive grading, constructed wetlands, infiltration basins, erosion and sedimentation control plans, temporary flow diversion, culverts, storm drains, easements, parking lots, headwalls, weirs, flow diverters, rain gardens, and bioretention facilities. Duties also included preparing flow calculations and concept plans; communicating with the client; managing the design team; coordinating with lawyers, surveyors, and drafters; writing the Post-Construction Stormwater Management Plan, Erosion and Sediment Control Plan, construction details, specifications, notes, and memoranda; completing all permitting and quality assurance/quality control checks associated with the project; assisting the project manager with proposals and financials; project management (upon departure of original project manager); and participating in public outreach meetings to explain the project to community members. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 97 Daniel J. Granados Page 1 of 1 Sr. Design Engineer Rev. 6-2022 Overview: Mr. Granados is an electrical engineer with a background in electrical and electronic processes. His current focus includes working with SoCal Gas Storage Facilities and Compressor Stations for P&ID support. Relevant Projects: PG&E – TCP for a 3 mile gas service relocation SB 1731 P&ID update Effort for SoCal Gas Storage Facility in Aliso Canyon Prior Experience: EN Engineering (Design Engineering) •Provides Quality Assurance for TCPs that adhere to Caltrans standards. •P&ID verification for SoCal Gas. •Trained new Design engineers on P&ID breakdown and process of fielding P&IDs. •Oversee all markups and submittal for the ongoing SB 1731 P&ID update effort for SoCal Gas •MRC review for SoCal Gas. Traffic Management Inc. (Engineering Associate II) •Created/Engineered traffic control plans from construction drawings provided by PG&E and SCE •Managed multiple plans, orders and DWG files on AutoCAD 2019 •Trained new engineering associates (level 1) on AutoCAD and creating efficient traffic control plans •Managed customer and agency redlines to update current traffic control plans to desired needs •Attended site visits to measure existing traffic control, redesigned striping, active construction dimensions, and photographed sites to redraw on AutoCAD Resume Highlights Electrical Design Managerial and Leadership Skills AutoCAD Job Title: Sr. Design Engineer Education: •B.S. Engineering, Electrical & Electronic Platform Literacy: •AutoCAD 2019 •Microsoft Office •Matlab •RSLogix 500 •Multisism DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 98 George A. Robinson, PLS – Principal/Director of Survey Services – page 1 YEARS OF EXPERIENCE SEH: 9 years Industry: 36 years EDUCATION Glendale Community College - Glendale, AZ (1996) Survey Program Denver Institute of Technology - Denver, CO (1983) REGISTRATIONS/ CERTIFICATIONS Land Surveyor in AZ (#31033, 1997) Professional Land Surveyor in CO (#PLS.0035593, 2001) PROFESSIONAL ASSOCIATIONS Professional Land Surveyors of Colorado, Board Member (2011-2012) Arapahoe County Board of Adjustment, alternate member (2010-2020) George A. Robinson, PLS Principal/Director of Survey Services Mr. Robinson is the survey services manager with extensive experience supporting clients, engineers and contractors. George is highly organized and detail oriented, with proven skills solving problems in a wide range of land surveying situations. He has led diverse teams and coordinated with a variety of engineering professionals, federal, state and local agencies and contractors. George’s experience includes writing and reviewing contracts, employing subconsultants, coordinating with engineering staff, communicating with contractors, reviewing title reports and writing legal descriptions. George manages land survey operations for SEH’s Western Region. EXPERIENCE Westminster Land Purchase in Arapahoe County – Arapahoe County, CO The Professional Land Surveyor in direct charge of preforming an ALTA/NSPS Land Title Survey to facilitate the purchase of 1,285 acres of land in Arapahoe County. This work was done for the City of Westminster Public Works and Utilities Water Resources and Quality Division. Pipeline Integrity Program (Public Service Company of Colorado) – Central and Northern Area, CO Key member of the team put together by Xcel Energy. George led the project. This five-year project began in 2011 and covers portions of Weld, Larimer and Boulder Counties. The goal was replacing and rerouting 109 miles of gas pipeline by 2017. SEH provided route planning and mapping, topographic surveying, legal descriptions, pipeline design, floodplain studies, construction staking and as-builts of the completed portion of this project. In addition, assistance has been provided for permitting and licensing of river, railroad and irrigation ditch crossings. SEH is continuing to provide these services on this highly successful project. Ralston Road Reconstruction (City of Arvada) – Arvada, CO This project will improve pedestrian vehicular accessibility by widening sidewalks, providing landscape buffers where possible and widening the travel lanes. Project includes intersection improvements, new traffic signals, utility relocation and coordination, street lighting, urban design improvements, curb ramps, driveway and access modifications and signing and striping improvements. Manitou Water Pipeline (KR Swerdfeger Construction Inc) – Manitou Springs, CO This pipeline is unique in that it will follow a 19th century pipeline route down the foothills near Pike’s Peak. The existing pipeline has been exposed for decades and is designated a National Historic Place, so it must be left intact as the new construction follows it but does not disturb it. The pipeline project will be in excess of $3 million and be engineered for over 600 ft. of elevation drop. Hydropower will be included at the terminus of the pipeline. Piney Creek at the Farm (Southeast Metro Stormwater Authority) – Aurora, CO Client service manager for a drainage study on a portion of Piney Creek where annual flows have caused damage to the surrounding subdivisions. This project included coordination between the client and adjacent home owners to complete the project. DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 99 RESUME AND QUALIFICATIONS OF TIMOTHY A. BUTLER dba T.A. Butler & Associates, Inc. (1989 -Present) Real Estate Consultant / Right-of-way Services P.O. Box 1686 - Castle Rock, Colorado 80104 (303) 507-9600 tim@tabutler.net Business Affiliations: Contract Right-of-Way Manager/Agent for: LONETREE ENERGY 2007-Pres ent Right of Way and Landm an Services Right of Way Services subcontracted to: XCEL ENERGY / PUBLIC SERVICE COMPANY OF COLORADO 2007-Present Electric Transmission and High Pressure Natural Gas Transmission Projects Distribution - Electric and Natural Gas TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. 2013 Rural Electric Transmission Projects INTERNATIONAL AND REGIONAL WIND ENERGY DEVELOPERS 2008-2013 Greenfi eld Services for Electric Transmission related to Wind Projects OIL AND GAS PROSPECTS 2009 Landman Services – Wyoming Right-of-Way Agent PRECISION SURVEY & MAPPING, INC. 2003-2006 Right-of-Way Division Contract Services for US West/Qwest Right-of-Way Agent HENKELS & McCOY, INC. 1994-1997 Engineering Division Contract Services for US West/Qwest Previous Affiliations SCOTT, STAHL & BURBACH 1989-1991 Real Estate Appraisers and Consultants JOHN S. BUTLER, MAI & DANIEL L. CLINGER, MAI 1981-1989 Real Estate Appraisers and Consultants Previous Professional Designations: Member: Certified General Appraiser, State of Colorado No. CGO1313505 International Right-of-Way Association Certified General Appraiser, State of Wyoming No. 196 Member No. 7898930 Licensed Real Estate Salesman, State of Colorado – Inactive Background: Forty years in commercial real estate appraisal, condemnation appraisal, and right-of-way acquisition. Electric Transmission - Contract Right-of-Way Agent for: 2018 83 Mile 3450kV Transmission Line ‘ New’ East Central, Colorado Consulting, Limited Acquisition 2016 20+ Mile 240kV Transmission Line ‘New’ / Parallel project West Central Colorado Acquisition, Built, R/W Management 2015 21 Mile 345kV Transmission Line ‘New ’ Northern Central Colorado Sited, Acquisition, R/W Management 2012,13 25 Miles 240kV Transmission Line ‘New’ West Central Ohio; Proposed, Sited, Never Built 2010 100 Mile 240kV Transmission Line ‘New- East Central Colorado Greenfield Site, Sited, Extensive Acquisition t 2009 125 Mile 345kV Transmission Line ‘New’ South Central Colorado Sited, Rerout ed- (JV - Xcel/Tri-State) 2009 30 Mile 240kV Transmission Line ‘Proposed’ South Central Colorado Greenfield Site, Sited, Extensive Acquisition 2007,08 125 Mile 345kV Transmission Line ‘Rbld 240 to 345 Dbl Cir – Central Colorado Extensive Acquisition, R/W Management DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 100 Gas Transmission - Contract Right-of-Way Agent for: 2020 10 Mile (urban) High Pressure Gas Pipeline Replacement North Central M etro Denver Limited Acquisition, R/W Management 2020 1.5 Mile High Pressure Gas Pipeline Replacement North Central Colorado Limited Acquisition, R/W Management 2017-19 25 Mile High Pressure Gas Pipeline Replacement Siting realignment, Extensive Acquisition, R/W Management 2018 15 Mile High Pressure Gas Pipeline ‘New’ Foothills - Denver Siting 2015 8.5 Mile High Pressure Gas Pipeline ‘New’ Mountain – Central Colorado 2014 34 Mile 24” High Pressure Gas Line – New / Parallel Rural/North Metro Denver Limited siting, R/W Management 2016, 20 +/- 60 Sites High Pressure Gas - Remote Activation, All Colorado Cathodic Protection, Valve Set Replacem ent Additional projects upon request. All projects required right-of-way management in the form of easement negotiations/acquisition, permit acquisitions, appraisal management, title review, legal review, t raffic control, vegetation management/reclamation. Background in regulator (gas) fee acquisitions. Governmental and private interest interactions include federal and state highways, municipal rights-of-way, railroad, ditch rights, Army Corp, BLM, Forest Service, and State of Colorado. Additional background in broadband and high-sp eed internet. Contract appraisals and/or right-of-way services provided in Colorado and Wyoming. 1981 to 2008) Education: University of Northern Colorado, Bachelor of Science Degree Appraisal Institute / American Institute of Real Estate Appraisers: Real Estate Appraisal Principle, Basic Valuation Procedures, Capitalization Theory and Techniques, Case Studies in Real Estate Valuation, Valuation Analysis and Report Writing, Standards of Professional Practice Parts A & B, General Real Estate Course: Real Estate Practice and Law, Law and Contracts, Advanced Law and Finance, Trust Accounts and Closings, Various Courses, Seminars and Conferences. References and Resources upon request DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 101 ROUTING SLIP Revision 12/08/2021 Page 1 of 1 ROUTING SLIP Project Information Project Name Design: Paepcke West to City Market East: Electrical Circuit Replacement Project Number 2022-247 Capital Project Number 51495 Project Manager Andy Rossello Department Utilities Estimated Cost $190,000 Budgeted Amount $190,000 Account Codes 421.322.81200.52130.51495 Project Description Give clear description of the project, work to be done, or items purchased This is to design an electrical cable replacement project to replace aging infrastructure in the downtown core between Hyman and Cooper Ave. This includes all survey, property,easement research, design, and permitting assistance for a 2024 replacement project. Vendor Selection Process Describe how vendor was seleted Vendor will be selected Via RFP on Bidnet Direct Contract Value Contracts over $50,000 & Up Dept. Head Signature Procurement Officer Signature City Attorney Signature City Manager On Contract Once Vendor Signs & Council Resolution Adopted Resolution Date & Number: DocuSign Envelope ID: 0F47A119-682C-4CD0-85C9-D99D98A3E624 6/23/2022 | 1:21:06 PM MDT 6/27/2022 | 7:40:37 AM MDT DocuSign Envelope ID: 41BA2894-68B1-471D-A220-DD6F033BD65B 102 MEMORANDUM TO:Mayor and City Council FROM:Nicole Henning MEMO DATE:August 18, 2022 MEETING DATE:August 23, 2022 RE:Board Appointments By adopting the Consent Calendar, Council is making the following appointments: APCHA Board of Directors – John Ward, Regular Member 103 MEMORANDUM TO: Mayor and City Council FROM: Tyler Christoff, Utilities Director Kate Johnson, Assistant City Attorney THROUGH: Scott Miller, Public Works Director, Jim True, City Attorney MEETING DATE: August, 23rd 2022 RE: Ordinance #10 - Willoughby Ponds Subdivision: Water Service Agreement REQUEST OF COUNCIL: Staff recommends Council approve Ordinance #10, Series of 2022, approving and authorizing the Mayor and City Clerk to execute a Water Service Agreement with Willoughby Ponds Trust (“Trust”), owner of the six lots that make up the Willoughby Ponds Estates Subdivision (“Subdivision”). This is an opportunity to formalize the terms of existing treated water service that Aspen has provided for decades to two of the six lots in this Subdivision, and to provide terms for City water service to currently unserved lots consistent with their County-approved development plans. BACKGROUND: Aspen’s home rule Charter, adopted in 1970, requires an ordinance in order to extend water service beyond City boundaries. Until now, Council has never been asked to authorize the extension of service to the Subdivision, even though two of lots within the Subdivision have received City water services since the late 1990’s. Representatives of the Subdivision have applied for extraterritorial water service. The subject lots are located outside of the City but directly abuts City boundaries. The location of the Subdivision is highlighted below in green: 104 Treated City water service has been provided to a single-family residence on Lot 3 since approximately 1993 and to a barn on Lot 6 since approximately 1997. Lots 1, 2, 4 and 5 are vacant. The Trust seeks to obtain additional water service from the City for the Subdivision, and to provide an option for future water service for residences on Lots 1, 2, 4, and 5, not to exceed a total grant of 15.13 ECUs. The status of City water service within the Subdivision currently is as follows: Lot 3 is allocated 5.69 ECUs to serve the existing residence on that lot, and Lot 6 is allocated 4.46 ECUs to serve the existing barn and planned single family residence on that lot. The remaining 4.98 ECUs may be allocated among the four vacant lots or Lots 3 and 6 pursuant to the terms of the water service agreement as determined by the Trust. The Trust acknowledges that if no ECUs are allocated to a vacant lot, that lot may not be entitled to receive City water service and may only apply for an individual or shared wells if certain conditions exist. DISCUSSION: The City applies guidance, conservation programing, and regulation to uniformly manage Aspen’s water resources. This community-based management practice is considered while reviewing impacts of new service applications adjacent to Aspen’s service boundary. 105 City staff have determined that current infrastructure, augmented by the applicant can provide water service to the property. The water service application requires the property to agree to annexation into the City. Annexation of this parcel creates inconsistencies from a planning perspective as the current Pitkin County approvals do not match Aspen municipal code provisions for surrounding neighborhoods. Owner, at his own cost will construct the water main and associated facilities in accordance with the plans and specifications and the construction schedule outlined in Exhibit A of the attached water services agreement. These proposed improvements include two phases of approximately 1600 feet of 8” ductile iron pipe, removal and installation of a check valve and associated vault infrastructure, a fire hydrants and associated appurtenances. No construction shall occur between November 1 and April 1 without written approval of the City Water Department. Additionally, the owner agrees to construct, install, and test, at its expense, the water system improvements in accordance with City design, construction, installation, and testing rules, regulations, policies, and protocols. The owner agrees to follow the City's Water Policy Resolution (Resolution No. 5, (Series of 1993), as amended), and water conservation ordinances including the City’s Water Efficient Landscaping Standards. The proposed water service agreement (attached hereto) provides for sufficient water service to each of the lots in the Subdivision to serve full development in accordance with county approvals, while including recognition that City treated water service has been provided for many decades, that certain as-built easements must be finalized and recorded, and that the lot owners have historically used and may continue to use private untreated water supplies for irrigation and amenities. Annexation provisions are included, as required as part of the City’s water extension policy, discussed more fully below. Although there is no request by these lot owners to be annexed; there are no plans or discussions in the City to initiate annexation; the agreement provides their consent to annexation if and when the City requests it. The Ordinance also authorizes execution of additional documents relating to the Water Service Agreement, which could include relocated easements, for example, without further council action. FINANCIAL/BUDGET IMPACTS:The proposed water service agreement is structured to be cost neutral for Aspen’s current public water system and its customers. The lot owners will, at their cost, obtain and record the needed easements for water system infrastructure. The tap fees, payment in lieu of water rights, and well system development fees are required to be paid under the proposed Water Service Agreement. Additionally, the owner will design and construct the additional, upsized and/or upgraded water transmission and distribution mains, lines, associated facilities and internal distribution lines for the Project in accordance with and subject to the City's design, materials, and construction specifications and approval, at Owner's own expense. 106 The City has proposed, and the applicant has agreed to pay all applicable impact and mitigation fees, including affordable housing mitigation, as if these properties were situated within the City. The affordable housing mitigation fee will be calculated pursuant to the methodology used to calculate affordable housing for a new subdivision. Thus, the affordable housing fee is calculated is provided in an amount equal to at least 30% of the additional free market residential net livable are and based upon Category 2 FTE rates. For purposes of clarity, staff recommends that the mitigation calculation be static and based upon the Land Use Code in existence on January 1, 2022. Pursuant to the proposed water service agreement, the City may revisit the mitigation and impact fee calculations after the initial term of the proposed agreement, which is 15 years, and every 5 years thereafter. Credit will be given for any affordable housing mitigation paid to Pitkin County in relation to land use approvals and building permits. Additionally, staff requests that Council allow the Owner, or its successors to pay fee-in-lieu for affordable housing mitigation without additional City Council approval as is required pursuant to section 26.470.110 of the City Land Use Code. Exhibit D demonstrates the applicable impact and mitigation fees, and calculation of affordable housing mitigation fees. ENVIRONMENTAL IMPACTS: Continued service to existing uses at the Subdivision will not generate new environmental impacts. The Water Service Agreement also includes a provision that development of these lots will comply with the City’s Urban Runoff Management Plan and Construction Mitigation regulations whether or not annexation occurs, which serves to minimize the impacts to the local environment. CONSISTENCY WITH POLICY RESOLUTIONS:Resolution No. 5 (Series of 1993) and subsequently amended by Resolution No. 49 (Series of 1993) provides guidance in providing water service outside of the City boundaries and identifies implementation steps. Staff has determined that the service to be provided under the Water Service Agreement meets the requirements of Resolution No. 5. Locating existing infrastructure and finalizing easements will indirectly improve the water delivery capacity of the system and not adversely impact services to existing water system users. The City has sufficient water and water treatment capacity to provide the new or expanded service without jeopardizing water reserves and the treatment facilities. The water service to be provided will not result in an operational financial deficit nor will the required capital costs, if any, be borne by the City. A dedication of water rights is not provided for; instead, the lot owners will make a payment in lieu of water rights for additional service. This subdivision has historically been irrigated with raw water supplies owned by the lot owners, despite the long- standing delivery of treated water service by the City. Staff has determined that in this unique case, it is appropriate to permit continuation of the lot owners’ current and historical practice of using their own untreated water supplies for irrigation and other amenities, consistent with Colorado water law. The Water Service Agreement limits treated water irrigation to 3,000 square feet per lot and requires a payment in lieu of water rights for expanded service. 107 Resolution No. 5 also requires consistency with the Aspen Area Community Plan and an agreement to annex the served property if requested by the City. The annexation provisions in the proposed water service agreement, addressing the extent to which the county vested rights will be recognized in the event of annexation during the vested rights period, were developed jointly by the Community Development, Engineering, and Building Departments, the City Attorney’s office, and representatives of the lot owners. RECOMMENDED ACTION:Staff recommends Council approve Ordinance #10, Series of 2022, approving and authorizing the Mayor and City Clerk to execute a Water Service Agreement with the owners of the six lots that make up the Willoughby Ponds Subdivision. ALTERNATIVES: The Council may decline to authorize a Water Service Agreement. This will result in uncertainty as to current City water service obligations to the Willoughby Ponds Subdivision, and the current inability of the Willoughby Ponds Subdivision lot owners to develop their vested rights, inasmuch as their existing county approvals require a City Water Service Agreement. PROPOSED MOTION: “I move to approve Ordinance No.10, Series of 2022, approving the Water Service Agreement with owners of lots within the Willoughby Ponds Subdivision, in substantially the form attached as Exhibit A, subject to final approval by the City Attorney.” CITY MANAGER COMMENTS: ______________________________________________________________________ ______________________________________________________ ______________________________________________________________________ _______ ATTACHMENTS: -Ordinance No. 10, Series of 2022 -Proposed Water Service Agreement -Exhibit A - C - Exhibits to Water Service Agreement -Exhibit D – Fee Calculations 108 ORDINANCE NO. 10 Series of 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A WATER SERVICE AGREEMENT WITH THE OWNER OF WILLOUGHBY PONDS SUBDIVISION FOR PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS. WHEREAS, Willoughby Ponds Estate Subdivision (“the Subdivision”) consists of six lots, known as Lots 1, 2, 3, 4, 5, and 6, comprising 15.791 acres, situated in Pitkin County, Colorado, as more particularly described in the most recent plat of the Subdivision, recorded with the Pitkin County Recorder on December 16, 2021, at Reception No. 683528. All six lots are owned by Willoughby Ponds Trust (“the Trust”); and, WHEREAS, the Trust submitted a request to the City Water Department for extraterritorial water service from the City to serve six lots in the Subdivision; and, WHEREAS,treated water service has been provided to a single-family residence on Lot 3 since approximately 1993 and Lot 6 since approximately 1997. Lots 1, 2, 4, and 5 are vacant; and, WHEREAS, the Trust seeks to obtain additional municipal water service from the City for the Subdivision, including expanding the existing water service for Lot 6 for purposes of serving a single-family residence, and to provide options for future water service for residences on Lots 1, 2, 3, 4, and 5 if developed during the terms of the Water Service Agreement, for a total of 15.13 ECUs for all uses within the Subdivision; and, WHEREAS, the property to be served is located in Pitkin County, and not within the City limits of the City of Aspen; and, WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the Corporate limits of the City of Aspen shall be made pursuant to an agreement with the City and in accordance with the City of Aspen Water Service Extension Policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract, water rights dedication and bond requirements as it deems necessary to safeguard the best interests of the City; and, WHEREAS,City staff have determined that the proposed Water Service Agreement will comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the "Code"), and the expanded service will comply with the requirements of the City’s Water Service Extension Policy, which permits extension of City water service extraterritorially only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as the same may be further amended from time to time, and referred to here as “Resolution No. 5”); and, 109 2 WHEREAS,City Council must make a determination that the proposed water service extension complies with the above policies and is in the best interests of the City of Aspen; and, WHEREAS, the City Council has had an opportunity to review with City staff the proposed terms and conditions under which the City is willing to extend water service to the Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1.The City Council of the City of Aspen hereby determines that the proposed provision of City water service to serve six lots in the Willoughby Ponds Estates Subdivision, comprising approximately 15.791 acres, situated in Pitkin County, Colorado outside the City limits of the City of Aspen as set forth in the Water Service Agreement, is in the best interest of the City, and complies with requirements of the Code and with the requirements of the City’s Water Service Extension Policy and Resolution No. 5, Series of 1993, and the City Council approves the Water Service Agreement in substantially the form attached hereto as Exhibit A and incorporated herein by reference. All City officials and employees are hereby directed to take such actions as are necessary and appropriate to fulfill the obligations of the City pursuant to the Water Service Agreement. The Mayor, City Manager, City Clerk and the Water Director are hereby authorized and directed to execute the Water Service Agreement and any related documents necessary or desirable to effectuate the transactions provided for in the Water Service Agreement, provided that neither the Water Service Agreement nor any other documents are authorized for execution until the City Attorney has approved the form thereof. Section 2.This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3.If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4.A public hearing on the ordinance shall be held on the 13 th day of September, 2022, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 110 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 23rd day of August, 2022. ___________________________ Torre, Mayor Attest: ___________________________ Nicole Henning, City Clerk FINALLY ADOPTED, PASSED AND APPROVED THIS _______ DAY OF _______________, 2022. ___________________________ Torre, Mayor Attest: ___________________________ Nicole Henning, City Clerk Approved as to form: _____________________________ James R. True, City Attorney 111 CITY OF ASPEN WATER SERVICE AGREEMENT (Development Outside City Limits) This Water Service Agreement (the “Agreement”) is entered into this ______day of ______________,_____, (“the effective date”) in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation and home rule city whose address is 427 Rio Grande Place, Aspen, Colorado 81611 (hereafter the "City"), and Willoughby Ponds Trust, a trust organized under the laws of Colorado whose address is 71 S. Wacker Drive, Suite 2130, Chicago, IL 60606 (“Owner”). RECITALS A. The City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, such charter, and all such ordinances, rules, regulations, policies and resolutions. B. Owner is the owner of all six lots in the Willoughby Ponds Estates Subdivision, comprising approximately 15.791 acres, situated in Pitkin County, Colorado, as more particularly described in the most recent plat of the subdivision, recorded with the Pitkin County Recorder on December 16, 2021, at Reception No. 683528 and referred to collectively in this Agreement as the "Subject Property" or individually as lot(s) or by lot number. The Subject Property and current lot configurations are depicted on Exhibit A attached hereto. C. Treated City water service has been provided to a single-family residence on Lot 3 since approximately 1993 and to a barn on Lot 6 since approximately 1997. Lots 1, 2, 4 and 5 are vacant. D. Owner seeks to obtain additional municipal water service from the City for the Subject Property, seeking to expand the existing service for Lot 6 to include a single family residence, and to provide an option for future municipal service for residences on Lots 1, 2, 4 and 5 if developed during the term of this Agreement, for a total of 15.13 ECUs for all uses within the Subject Property, including the existing uses on Lots 3 and 6. E. The Subject Property is located outside the corporate limits of the City. F. Additional municipal water service provided to the Subject Property pursuant to this Agreement will require Owner to provide easements to the City, to record covenants running with the Subject Property, and to design and construct certain water lines and water system infrastructure, all as provided in this Agreement. 112 2 G. The Municipal Code of the City of Aspen, Colorado (the "Code"), §25.12.020(b), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a written agreement with the City, that the City shall not be obligated to extend such service, that such service will be provided only upon a determination that it is in the best interests of the City, and that the City may impose such requirements by agreement as it deems necessary to protect its best interests. H. The City requires a loop system or a cross-tie system such that when water main extensions are made, such extensions shall be made in a manner that will allow cross-connection with another of the City's treated water mains to create a looped system. I. The City's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5 (Series of 1993) as amended [codified at Section 25.12.020(b) of the Code, as the same may be further amended from time to time], including the requirement that the City must recover its costs associated with such extraterritorial service. J. The City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the City's water policies, and will allow the City to recover its costs of providing such extraterritorial service. K. The City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as capable of or intending to provide water service extraterritorially. L. The Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"). M. The City desires to encourage the use of raw water supplies for certain outdoor irrigation where practical and feasible to do so while still protecting decreed instream flows, so as to reduce the dependence on treated water for this purpose and to minimize the costs of providing treated water service to the Subject Property. N. . The City is willing to provide water service to the Subject Property on the terms and conditions of this Agreement. THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and Owner agree as follows: AGREEMENT 1. Water Service to Subject Property. 1.1 The City hereby agrees to provide treated water service to the Subject Property 113 3 under the terms of this Agreement in such quantities and to the extent herein provided so as to serve the structures and uses authorized by Pitkin County for the lots within the Subject Property, and subject to the additional terms and conditions as set forth in this Agreement. 1.2 Owner understands that the City will be the sole provider of treated water to the Subject Property, provided however, that except as provided herein with respect to Lot 3, the City shall not be required to supply water to serve outdoor irrigation uses, and further provided, that the maximum annual volume of treated water the City shall be required to provide to the Project and the Subject Property pursuant to this Agreement shall not exceed 5.35 acre-feet. 1.3 City water service will be available to serve 15.13 ECUs allocated among the six lots included in the Subject Property. Lot 3 is allocated 5.69 ECUs to serve the existing residence on that lot, and Lot 6 is allocated 4.46 ECUs to serve the existing barn and planned single family residence on that lot. The remaining 4.98 ECUs may be allocated among the lots within the Subject Property as determined by Owner at any time prior to application for water service to a particular lot. Owner may also allocate any unallocated ECUs to Lot 3 and 6 at Owner's discretion and subject to the terms of this Agreement. Owner acknowledges that if no ECUs are allocated to a particular lot, that lot will not be entitled to receive City water service, and will also not be entitled to receive water service from another source, such as a well, except pursuant to paragraph 2 herein. 1.4 Any ECUs that have not been allocated as of the Termination Date (defined in paragraph 2 below) will be deemed relinquished as of the Termination Date. Any ECUs that are allocated to existing structures will not be relinquished or affected as of the Termination Date, and any ECUs allocated and relied upon for purposes of a building permit that has been submitted as of the Termination Date will not be relinquished as of the Termination Date unless the building permit is denied, withdrawn, or otherwise not approved. 1.5 Only those structures and uses approved for each lot within the Subject Property may be served under this Agreement. 1.6 The City intends to allow the existing single-family residence on Lot 3 to continue to be served by its current ECU allocation (5.69 ECUs), and the Owner may allocate some of the unallocated ECUs to Lot 3 at Owner's discretion. The Owner of Lot 3 shall be exempt from the provisions of this Agreement unless or until: (1) the single-family residence on Lot 3 is to be Substantially Remodeled or Rebuilt as those terms are defined by the City of Aspen Municipal Code, Title 25, Section 25.12.070, as it may be amended from time to time; or (2) the then owner of Lot 3 constructs, builds or erects any additional structures apart from the existing single-family residence that require water service. 114 4 The occurrence described in either paragraph 1 or 2 above shall be referred to as a “Lot 3 exemption termination event”. Lot 3’s exemption status is not affected if the existing single-family residence on Lot 3 is demolished or destroyed by an act of nature or through any manner not purposefully or negligently accomplished by the owner, so long as any repairs or reconstruction do not utilize more than the existing ECUs allocated to Lot 3 at the time the single family residence on Lot 3 is demolished or destroyed. Notwithstanding the exemption described herein, Lot 3 shall be subject to the provisions of paragraphs 1.4 and 1.5. 1.7 Owner intends to maintain the existing barn on Lot 6 but to relocate it within Lot 6, and to construct a new single-family residence on Lot 6 in accordance with land use and building permit approvals issued by Pitkin County (“the Lot 6 residence project”) The new residence and the barn on Lot 6 will be served by a single water tap which will provide water service currently estimated at 4.46 ECUs for both the residence and the barn. The owner may allocate some of the unallocated ECUs to serve the single-family residence and barn in accordance with the Lot 6 residence project. Lot 6 shall be exempt from building the “Shady Lane Line” in compliance with paragraph 3.4.3 herein unless or until: (1) the single-family residence as constructed pursuant to the Lot 6 residence project plans or barn is to be Substantially Remodeled or Rebuilt as those terms are defined by the City of Aspen Municipal Code, Title 25, Section 25.12.070, as it may be amended from time to time; or (2) the then owner of Lot 6 constructs, builds, or erects any additional structures apart from the Lot 6 residence project and the existing barn that require water service. The occurrence described in either paragraphs 1 or 2 above shall be referred to as a “Lot 6 exemption termination event”. Lot 6’s exemption from building the Shady Lane Line shall not be affected if the as-built Lot 6 residence project or barn is demolished or destroyed by an act of nature or through any manner not purposefully or negligently accomplished by the owner, so long as any repairs or reconstruction do not utilize more than the existing ECUs allocated to Lot 6 at the time the Lot 6 residence project or barn is demolished or destroyed. Notwithstanding the exemption described herein, Lot 6 shall be subject to the provisions of this Agreement. 1.8 Payment of all fees provided for in this Agreement, including impact and 115 5 mitigation fees owed to the City in addition to tap fees and system development fees, will be made on a per lot basis. The owner of an individual lot must pay all impact and mitigation fees for any lot or lots upon which development is to occur upon submission of a building permit application for improvements resulting in new construction on such lot (including the Lot 6 residence project). 2. Term and Termination. 2.1 Termination by City; Termination Date. The City's obligation to provide treated water service to the maximum commitment of 15.13 ECUs to the Subject Property pursuant to paragraph 1 of this Agreement shall remain in full force and effect for fifteen (15) years from the effective date (“Initial Term”). Following the Initial Term, this Agreement will automatically renew for four (4) additional five (5) year terms (each an “Extension Term”) unless the City provides written Notice of Termination to Owner and all lot owners as shown in the records of the Pitkin County Assessor, at least one-hundred and eighty (180) days prior to the expiration of the Initial Term or the then applicable Extension Term. During each Extension Term, the Agreement shall continue in force upon the same covenants, terms, and conditions, subject to any impact or mitigation fee increases as may be imposed pursuant to paragraph 6. The Termination Date will be the earlier of (1) the calendar day after the last day of the notice period following a Notice of Termination as described above or (2) the expiration of the final Extension Period. If the Agreement is terminated by the City as provided in this paragraph, this Agreement shall nevertheless remain in full force and effect following the Termination Date with respect to any Lots which are then receiving City treated water service, or have constructed or are in the process of constructing improvements that will require City treated water service, or have applied for building permits as of the date of the Notice of Termination. As of the Termination Date, the City’s obligation to provide treated water service pursuant to this Agreement shall cease as to all lots to which City treated water service has not been provided, or on which there is no ongoing construction that will utilize treated City water service, or as to which no building permits have been applied for prior to the Notice of Termination provided that such building permit is approved. As of the Termination Date, all ECUs that are not in use or allocated to then-ongoing construction or building permits that have been applied for shall be deemed relinquished by Owner and the current owners of all lots affected by the Notice of Termination. 2.2 Termination by Owner. At any time during the Initial Term or any Extension Term of this Agreement, Owner may terminate this Agreement with respect to all vacant lots as provided in this paragraph. Owner may terminate this Agreement as to all vacant lots to which City treated water service has not been provided, or on which there is no ongoing construction that will utilize treated City water service, or as to which no building permits have been applied for prior to the date of the Notice of Termination, provided that such building permit is approved (“lots subject to termination”) by providing Notice of Termination, signed by Owner and any then owners of lots subject to termination to the City prior to the filing of an application for a building permit for any of said lots. This Agreement shall remain in full force and effect with 116 6 respect to any lots which are then receiving City treated water service, or have constructed or are in the process of constructing improvements that will require City treated water service, or have applied for building permits as of the date of the Notice of Termination. Upon exercise of Owner’s termination right hereunder, the parties agree to execute and record a statement of termination of this Agreement as to the lots subject to termination including a statement that the Agreement remains in effect as to any lot that is not a lot subject to termination. The following terms and conditions shall apply to any such termination: (1) the 50-foot easement for the Shady Lane Line, described in Exhibit C shall remain in place; (2) any of the 15.13 ECUs that have not been allocated to any lot that is not a lot subject to termination shall be deemed relinquished by Owner and owners of all lots subject to termination; (3) the lots no longer subject to this Water Service Agreement will not be subject to the requirements of this Agreement, provided, however, that the Loughran and Overflow Ditch water rights will continue to be operated as provided in paragraph 2.3.5; and (4) the Owner or owners of any vacant lots subject to the termination may apply for individual or shared wells to provide water service to said lot(s). The Termination Date pursuant to this paragraph shall be the date on which Notice of Termination is provided to the City. If this Agreement is terminated by Owner pursuant to this paragraph, the City makes no representation, guarantee, or assurance that it can or will provide treated water service to a lot or lots subject to the termination should the Owner or owners of such lot or lots seek treated water service from the City in the future. 3. Easements, Covenants, Restrictions, and Construction by Owner. 3.1 Easements, Covenants and Restrictions. Non-exclusive public utilities easements for current and future water utility infrastructure, including construction and access easements, will be identified, mapped, dedicated and recorded by Owner simultaneously with recording of the covenants provided for herein. Such easements, covenants and restrictions shall be binding upon and shall run with all of the lots within the Subject Property, shall be in form approved by the City, and shall contain provisions set forth below. The easements, covenants and restrictions shall be finalized and recorded prior to the earlier of (1) transfer or sale of any lot to a new owner (including any transfer by operation of law or by means of bequest, devise or inheritance or trust distribution) or (2) application for a building permit for any lot, with the exception of any permits that may be needed for the relocation of the barn located on Lot 6, or construction of the Lot 6 residence project and any infrastructure work associated with the barn and residence, but in no event shall such easements, covenants and restrictions be recorded later than December 1, 2022 or as mutually agreed to by the parties in writing, signed by the parties. Notwithstanding the foregoing sentence, the easement shown on Exhibit C shall be dedicated and recorded as provided in paragraph 3.2.4. 3.2 Required Terms for Easements. The easements will be in form approved by the City and shall include the following terms and such other terms and conditions as the City deems necessary or appropriate. 3.2.1 The easements will be of the size and scope and at the locations shown on 117 7 the maps attached hereto as Exhibit A (the Third Amended Subdivision Plat depicting the Utility Easement extending from Red Mountain Road through Lots 4, 5 and 6), Exhibit B (the Upper Bench Waterline Plan & Profile and the Vault Plan), and Exhibit C (the Proposed Willoughby Way & Shady Lane Waterline Interconnection). All easements shall be fifty (50) feet in width and consistent with the City’s requirements, standards and specifications . 3.2.2 The easements will be surveyed following installation of the water system infrastructure provided for in the covenants, and the easements will be re-recorded with the final as-built surveyed locations and legal descriptions. 3.2.3 The easements may be relocated by mutual written agreement of the City and the owner of any lot encumbered by an easement. If an agreement is made to relocate an easement at the request of a lot owner, the lot owner shall be responsible for all costs associated with relocation of the easement, including recording costs. 3.2.4 The Shady Lane Line easement shown on Exhibit C will be dedicated and recorded as an amendment to the subdivision plat within 30 days of approval of the Water Service Agreement by the City Council or at such other time as may be mutually agreed to by the parties in writing signed by the parties. Said easement shall be a permanent, perpetual easement. 3.3 Required Terms for Covenants and Restrictions. The covenants and restrictions will be in a form approved by the City and shall include the following terms and such other terms and conditions as the City deems necessary or appropriate. 3.3.1 The covenants and restrictions will be binding upon all lots within the Subject Property; however, Lot 3 shall be exempted from the application of said covenants and restrictions until a Lot 3 exemption termination event occurs as set forth in paragraph 1.6. 3.3.2 No lot within the Subject Property shall ever be further subdivided into smaller lots or conveyed or encumbered in any less than the full original dimensions as shown on the recorded plat; provided however, grants or dedications of easements for utilities may be made to encumber less than all of one lot. Notwithstanding the foregoing, lot line adjustments between or among the lots in the subdivision shall not be prohibited, subject to approvals required by Pitkin County. 3.3.3 Each lot within the Subject Property to which ECUs are allocated must connect to the City treated water system if it is available to serve such lot when such lot requires water service. Except as provided in this paragraph, no wells or independent water sources or supplies, other than the Loughran Ditch and Overflow Ditch water rights used as described herein, may be used to provide raw or treated water service to any lot 118 8 within the Subject Property. If treated water service is not available to service a lot or lots to which ECUs have been allocated at the time a building permit is requested, and such service is not expected to be available at the time service will be needed because reasonable and good faith efforts have been made to construct the Shady Lane Line as contemplated under paragraph 3.4.3 herein, but construction of the Shady Lane Line in accordance with paragraph 3.4.3 herein is not possible despite such efforts, then such lot owners(s) may apply for individual or shared wells for their water service. Should the City later construct infrastructure that allows City treated water service to become available to serve such lot or lots, the owner(s) of the lot or lots may connect to the City water line and will connect to said City water line at such time as any individual well serving such lot or lots becomes inadequate to serve such lot or lots and must be redrilled or replaced. In order to connect to the City water line, the lot owner must pay all then- applicable tap fees and other applicable fees, and abandon its well or its interest in a shared well. The City will provide treated water service to such lot pursuant to this Agreement in such amounts and at such levels of service as determined by the number of ECUs allocated to the lot. 3.3.4 The Owner holds the following interests in the water rights decreed to Loughran Ditch (a/k/a Laughran Ditch) and the Overflow Ditch in Case No. CA4033 (October 24, 1955), with change in point of diversion of both ditches decreed May 11, 1978, in Case No. W-3267 (Water Court, Water Division No. 5): 1.51 cfs of the 1.76 cfs decreed to decreed to the Loughran Ditch and 0.75 cfs of the 1.0 cfs decreed to the Overflow Ditch (“Owner Water Rights”). Upon execution of this Water Service Agreement, Owner, and subsequent lot owners, may continue to use the Owner Water Rights for irrigation within the Subject Property, in accordance with the decrees for the Owner Water Rights, and subject to the following restriction: Diversions of the Owner Water Rights shall be limited to 1/6th of the amount of the Owner Water Rights that are legally and physically available measured at the Hunter Creek headgate during times that decreed instream flows on Hunter Creek are not being met as determined by a validly administered Colorado Water Conservation Board call for such decreed instream flow water rights, including the Hunter Creek Flume & Pipeline water right that was decreed for instream flow use in Case No. 80CW61 (Water Court, Water Division No. 5). The 1/6th interest that may be diverted pursuant to this paragraph during an instream flow call may be used for irrigation on any lot within the Subject Property at the discretion of Owner or as otherwise provided for in the covenants. When the 5/6ths interest is being curtailed, the curtailment shall occur at the point of diversion on Hunter Creek. 3.3.5 Except as provided in this paragraph with respect to Lot 3, no outdoor irrigation will be permitted within the Subject Property using treated water. All lots shall comply with the City of Aspen Water Efficient Landscape Standards in effect at the time of building permit application for any structure on any lot within the Subject Property. Until a Lot 3 exemption termination event occurs as set forth in paragraph 1.6, Lot 3 shall be exempt from the restrictions contained in this paragraph and the owner of Lot 3 may 119 9 continue to irrigate with treated water up to a maximum area of 3,000 square feet of lawns and gardens. 3.4 Water Lines and Infrastructure. At its own expense, Owner will design, construct, install and test the water lines and infrastructure described below, and shown on Exhibits A and B in accordance with and subject to the City's design, materials and construction specifications and approval; provided, however, that to the extent the City desires any lines or facilities with capacities larger than necessary to meet the needs of Subject Property, the City will be responsible for the incremental cost of such enlarged or additional lines or facilities. “Incremental costs” are defined as the difference between the total cost of a particular facility designed and constructed solely to meet the needs of the Subject Property and the total cost of such facility as enlarged at the City's request. 3.4.1 The eight inch (8") water loop line within the easement described on Exhibit A will be designed, constructed, installed and tested by Owner, at its expense, in accordance with the City’s then-existing design, construction, installation and testing rules, regulations, policies and protocols, prior to or concurrently with commencement of construction of the new residence on Lot 6, The line shall be inspected by the City prior to burial. Installation of the loop line on Lot 6 is expected to require relocation of the existing barn and driveway. Owner acknowledges that any site work or construction work undertaken on Lot 6 with regard to the water line and related barn relocation and infrastructure, prior to final approval of this Agreement by the City Council, is undertaken at Owner’s risk, and that Owner will not commence excavation for or construction of the proposed new residence on Lot 6 prior to final approval of this Agreement by the City Council. 3.4.2 The water system improvements located in the Willoughby Way right of way as shown on Exhibit B will be designed, constructed, installed and tested by Owner, at its expense, in accordance with the City’s then-existing design, construction, installation and testing rules, regulations, policies and protocols, prior to or concurrently with commencement of construction of the new residence on Lot 6. The line shall be inspected by the City prior to burial. 3.4.3 Owner is not required to design, construct or install the water loop line between Willoughby Way and Shady Lane as shown on Exhibit C (“Shady Lane Line”) prior to commencement of construction of a new residence on Lot 6. At such time as Owner, or any subsequent lot owner, wishes to construct any residence, dwelling unit(s), or structure(s) requiring water service on any of the four (4) currently vacant lots (Lots 1, 2, 4 and 5), or a Lot 3 exemption termination event occurs, or a Lot 6 termination event occurs, and if the water loop line to be located in the easement for the Shady Lane Line shown on Exhibit C has not yet been installed, Owner or any subsequent lot owner will, at its cost, obtain the needed permits and design, construct, install and test said line in its entirety subject to the City’s prior approval of the design and specifications, before or 120 10 concurrently with the construction of any residence, dwelling unit(s), or structure(s) requiring water service on any of the four (4) vacant lots, or any Lot 3 or Lot 6 exemption termination event. The City may, but need not, construct and install the Shady Lane Line at any time at its discretion, and at its own cost. If the City has constructed and installed the Shady Lane Line at its own expense, and the Owner or any subsequent owner of Lot 1, 2, 4 or 5 thereafter files an application for a building permit to construct a residence, dwelling unit(s), or structure(s) requiring water service on Lot 1, 2, 4 or 5, or seeks a building permit for Lot 3 or Lot 6 that results in an exemption termination event as set forth in paragraph 1.6 and 1.7 herein, Owner or the lot owner filing for the building permit shall reimburse the City for its costs incurred in constructing said line. This reimbursement obligation will be included in the covenants described in paragraph 3.3. Notwithstanding the foregoing, the reimbursement obligation shall cease on the Termination Date if the City terminates the Agreement as provided herein, and has installed the Shady Lane Line at its expense and no application for a building permit for a water-using structure is filed by Owner or any subsequent owner of Lot 1, 2, 4 or 5, or Lot 3 (to the extent Lot 3 remains exempt from this Agreement as set forth in paragraph 1.6) or Lot 6 (to the extent Lot 6 remains exempt from this provision as set forth in paragraph 1.7) ) as of the date of this Agreement. The parties shall cooperate fully in the application process to obtain all necessary permits and approvals required to construct the Shady Lane Line, regardless of which party first seeks to construct the Shady Lane Line, and if the party seeking to construct the line is ultimately unable to obtain all of the necessary permits and approvals to construct the line, after using reasonable good faith efforts to do so, the Shady Lane Line need not be constructed at that time, and the Owner, or subsequent owners of Lots 1, 2, 4 and 5, may nevertheless obtain treated City water if they are otherwise authorized to do so in accordance with this Agreement, including the requirement that ECUs available pursuant to this Agreement have been allocated to the lot owner, and their residences may be connected to then-existing City water lines upon payment of all applicable fees, as provided in this Agreement. Nothing herein shall prevent or prohibit the City from constructing the Shady Lane Line if it is able to do so at a later date at its cost, and the City retains the discretion to require Lots 1, 2, 4, and 5, to connect to the Shady Lane Line in the future and seek reimbursement for each lot’s share of the costs to construct the Shady Lane Line. 3.5 Service Lines. Owner (or any subsequent lot owner) will install any service lines required for such owner’s lot in accordance with and subject to the City's design, materials and construction specifications and approval, at such lot owner's own expense. Such lines will remain the property and sole responsibility of the lot owner. Other than replacement of an existing service line (including replacement if required by construction of the Shady Lane Line, as provided in 3.4.3 above) new service lines extended from the existing water distribution system (or any new water lines that may be constructed pursuant to this Agreement) will only be installed in conjunction with the actual construction of a properly permitted building. A new service line may not be installed for any lot until the building permit for that lot has been issued and all utility fees due under 121 11 this Agreement are paid. 4.Water Rights and Payment in Lieu. The parties acknowledge that it is the policy of the City, if water rights are not transferred to it by a party seeking extraterritorial water service, to require payment in lieu of water rights sufficient in quantity and quality to provide the water required for the requested water service. The parties acknowledge that Owner owns, uses or controls its interest in the decreed water rights in the Loughran and Overflow Ditches as described in paragraph 3.3.4. The City has determined that it is in City’s best interest to permit the Owner and subsequent owners of lots within the Subject Property to continue to use these raw water rights on the terms and conditions set forth herein and to accept payment to the City in lieu of water rights as provided in paragraph 4.2 There are no wells on the Subject Property and Owner agrees not to install any wells on the Subject Property (except as provided in paragraph 2.2 and paragraph 3.3.3), it being the parties’ intention that the only domestic, potable water supplies to be used on or in connection with the Subject Property are those supplied by the City pursuant to this Agreement. Notwithstanding the foregoing, should Owner initiate any water court or administrative proceeding concerning the Owner Water Rights, or any other water rights, the City reserves the right to participate in any water court or administrative proceedings as it deems appropriate to protect its own water rights and supplies. 4.1 Use of Raw Water and Treated Water for Outside Uses on the Subject Property. Owner understands and agrees that the City shall not provide any raw water or treated water for irrigation or other outdoor uses pursuant to this Agreement, except with respect to Lot 3 as provided herein. All raw water use on the Subject Property shall be in accordance with this Agreement and with the decrees for the Owner Water Rights, and otherwise in accordance with Colorado water law governing the appropriation and use of water, provided, however that the City may take such actions as it deems appropriate to protect its own water rights and supplies, if Owner seeks to change the Owner Water Rights or to obtain decrees for any wells authorized by this Agreement. All lots shall comply with the City of Aspen Water Efficient Landscape Standards in effect at the time of building permit application for any structure on any lot within the Subject Property. Until a Lot 3 exemption termination event occurs, Lot 3 shall be exempt from the restrictions contained in this paragraph and the owner of Lot 3 may continue to irrigate up to 3,000 square feet on Lot 3 with treated water. There will be no cross-connections of the raw water supplies or infrastructure provided for irrigation on the Subject Property to the City’s treated water system. Owner, or a subsequent lot owner, will demonstrate in its plans, to the satisfaction of the City, and will be responsible for, the proper installation, maintenance and testing of required backflow prevention devices and for assuring that unprotected cross-connections, structural or sanitary hazards do not exist on each lot within the Subject Property. Each lot owner’s water systems (for both treated and raw water), including water systems serving Lot 3 and Lot 6, whether or not an exemption termination event has occurred, will be available for inspection as provided in the Code, to authorized City 122 12 Representatives to determine whether cross-connections or other structural or sanitary hazards exist, and to confirm that no treated municipal water is being used for outdoor irrigation or aesthetic purposes other than the use authorized for Lot 3 as provided herein. 4.2 Payment in Lieu of Water Rights. Each owner of a lot within the Subject Property, will pay the amount in lieu of water rights for the ECUs allocated to such owner’s lot (or such lesser amount of ECUs as may be determined based initially upon a determination of ECUs requested for such lot owner’s intended construction per the building permit request submitted for such owner’s lot, to be finalized after construction is completed), in accordance with the Code. These initial fees shall be paid by a lot owner prior to issuance of any building permit for such lot. The payment in lieu amount will be determined in accordance with and in the amount as set forth in the Code at the time of building permit application for such lot. Notwithstanding the foregoing, the payment in lieu of water rights will be imposed on the owner of Lot 3 at such time as a building permit is applied for that results in a Lot 3 exemption termination event as set forth in paragraph 1.6 herein. Tap fees, hookup charges and system development fees will be computed and paid as provided in paragraph 10. 4.3 Instream Flow Protection. Owner agrees to suspend deliveries of its raw water rights described in paragraph 3.3.4 and any other raw water supplies, decreed or undecreed, that it may now or hereafter acquire or use on the Subject Property, in the manner described in paragraph 3.3.4 when the decreed instream flows for Hunter Creek are not being met as determined by a validly administered CWCB call for such instream flow rights as decreed at the time of this Agreement. In addition, Owner agrees to curtail usage of its raw water in the same manner as if the raw water supplies were being provided by the City, whenever the City declares a water shortage pursuant to the Code provisions in effect at the time of any such declared shortage. Owner agrees that such curtailment shall occur at the point of diversion on Hunter Creek. The requirements of this paragraph shall be included in the covenants required by this Agreement and will be binding upon all lots within the Subject Property. 5.Construction. Any construction or installation of new water lines shall occur only in accordance with then applicable Code, rules, regulations, standards, specifications and policies of the City. An automated meter reading system shall be installed for all lots that will be served with City treated water pursuant to this Agreement. 6.Fees. Owner shall timely pay all fees imposed by the City in connection with drafting, reviewing and approving this Agreement, including outside legal and consulting fees. The Owner or its successor owner of any lot within the Subject Property, shall timely pay all fees imposed by the City in connection with reviewing and approving design drawings and construction plans for such lot, including outside legal and consulting fees. Owner or any successor owner of any lot within the Subject Property shall also be responsible for timely acquiring and paying for all permits and permit fees from entities other than the City (such as 123 13 Pitkin County and/or other regulatory agencies) necessary for construction of the water mains, lines, and associated facilities, when and to the extent Owner or any successor owner is required to construct said water mains, lines and associated facilities. Additionally, Owner or any successor owner of any lot shall pay, in addition to applicable tap fees and system development fees, all mitigation and impact fees imposed by the City pursuant to the applicable Code provisions as required by paragraph 1.8 and this paragraph at the time of application for a building permit for such lot, provided, however, that this paragraph will apply to Lot 3 at such time as the owner of Lot 3 applies for a building permit that results in a Lot 3 exemption termination event as set forth in paragraph 1.6 herein. All City mitigation and impact fees, which include School Land Dedication, Transportation Demand Management (TDM)/Air Quality, Parks, and Affordable Housing, shall be calculated pursuant to the Aspen City Land Use Code in effect on January 1, 2022. Affordable housing mitigation shall be calculated using the methodology described in Exhibit D attached hereto. As an example, the impact and mitigation fees for the proposed development on Lot 6 are shown in Exhibit D. Affordable housing mitigation fees paid to Pitkin County for each lot shall be deducted as a credit toward the affordable housing mitigation fees due to the City for the same lot pursuant to this Agreement in an equal dollar amount. Owner or its successor owner may pay fee-in-lieu for affordable housing mitigation, extinguish Certificates of Affordable Housing as allowed by the City of Aspen Land Use Code, or mitigate on-site with deed restricted affordable housing. City Council approval is not required for fee-in-lieu payment. The City, at its sole discretion, may adjust the City mitigation and impact fee rates, including the affordable housing mitigation fee calculation methodology, to reflect current Code requirements by providing thirty (30) days written notice prior to the beginning of any Extension Term, and those adjusted mitigation and impact fees will be applicable until further adjustment by the City as provided in this paragraph. 7.Inspection of Construction.Any inspection, connection, and payment of fees required of Owner or any lot owner shall be in accordance with then applicable Code, rules, regulations, standards and policies of the City. 8.Testing. Upon completion of construction by Owner or any lot owner of any of the water lines described herein, and before any new water service is delivered to a lot pursuant to this Agreement or additional water service is delivered to Lot 3 or Lot 6 due to an exemption termination event as described in paragraphs 1.6 and 1.7 herein, all water service lines and facilities (both new and existing) shall be tested and approved by the City in accordance with then applicable Code, rules, regulations, standards and policies of the City. 9.Treated Water Service. The City will provide treated water service in accordance with the Code and applicable policies, rules and regulations, to Lots 1, 2, 4 and 5, and additional water service to Lot 6 as herein provided, and will continue to provide treated water service to Lot 3 as herein provided, to the lesser of the total number of ECUs allocated to the particular lot, or the number of ECUs provided for by the final approved design drawings for that lot, provided that the maximum volume of water the City shall be required to supply each year shall not exceed the amount set forth in paragraph 1.2 above. Any increase in the maximum amount of 124 14 treated water service or ECUs requested for the Subject Property will require approval by the City, and amendment of this Agreement, which approval may or may not be granted. The treated water to be delivered by the City pursuant to the terms of this Agreement may be used for all lawful in-building residential purposes and for fire protection, and may be used for swimming pools and hot tubs, but not for other outdoor uses such as irrigation, ponds (including ponds for fire protection use) or aesthetic water features, except as authorized herein for Lot 3. All water use, including use of Owner’ raw water rights, will be consistent with this Agreement, the City's Water Policy Resolution (Resolution No. 5, Series of 1993, as amended), and water conservation requirements and, whether or not the Subject Property is annexed to the City, water use within the Subject Property shall be subject to the City’s water shortage ordinances, and the City’s Water Efficient Landscaping Standards. The recording of this Agreement (which may occur before or after the covenants required by this Agreement are recorded) shall constitute a covenant running with the Subject Property and with each lot within the Subject Property. 10.Tap Fees, Hookup Charges and System Development Fees - Computation and Payment; Scheduling of Taps. All tap fees for treated water service herein provided shall be assessed at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee and any applicable hookup charges. Tap fees and hookup charges shall be paid at the time of building permit issuance. The City Water Department shall determine scheduling of all physical taps or connections to the main lines, which scheduling shall be done in accordance with then applicable Code, rules, regulations, standards and policies of the City. The Owner or subsequent owner of any lot at the time of application for a building permit for that lot shall also pay to the City any applicable system development fees pursuant to the existing Code requirements prior to building permit issuance for all ECUs required to provide the new water service (or additional water service in the case of Lots 3 and 6) for such lot owner’s planned improvements, based upon a determination of ECUs requested for such lot owner’s intended construction per the building permit application accepted for such owner’s lot, and modified, with additional payment or refund as needed, after completion of construction and final ECU determination. 11.Service Lines. Each existing and new service line shall be metered in accordance with the Code at the sole expense of the lot owner receiving water service. Owner acknowledges that service lines, meters and cross-connection or backflow prevention devices, that may presently exist on Lot 3 and Lot 6 may not meet the City's standards, and that those lots may not have cross-connection or backflow prevention devices. Service lines will on Lot 3 and Lot 6 will be replaced if they fail or are damaged, or if replacement is required as part of any building permit sought for Lot 3 or Lot 6, and such service lines must meet the City's standards. Meters, cross-connection and backflow prevention devices will be installed at the lot owner’s expense. Prior to commencement of any construction, the City will inspect the existing service lines and 125 15 will determine the extent to which replacement may be necessary. In addition, as provided in the Code, and whether or not an exemption termination event has occurred, the City may also inspect the existing service lines serving Lot 3 and Lot 6 for cross-connection and backflow prevention devices, and may require installation of devices to prevent cross-connections and backflow as provided in the Code. 12.Limitations on Provision of Water Service. This Agreement is only for the supply of treated water service as herein described and no expansion of uses, connections, or water service beyond those set forth herein is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 13.Service Subject to the City's Charter, Codes, Rules, Regulations and Policies. The Owner and its successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Code, as well as all applicable rules, policies or regulations of the City now in effect or as may be hereafter adopted as to provision of water service by the City and use of water on the Subject Property; except as otherwise provided for by the “Annexation” provisions in paragraph below. Said Charter, Code, rules and regulations shall be covenants running with the land on the Subject Property and all lots within the Subject Property, and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. The provisions required for the covenants as set forth herein will be specifically included in the covenants. Owner agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Agreement, and use of water on the Subject Property, including curtailment during times of shortage, elimination of any actual or potential cross-connections, and the utilization of water conservation devices as set forth in the Code. Owner also agrees to prohibit waste of water on the Subject Property, and to make reasonable efforts to enforce such prohibition. The waste of water shall be defined as set forth in the Code. 14.Source of Water Supply. Owner recognizes that the City's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the City's reasonable control; therefore, no liability shall attach to the City under this Agreement on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the City's reasonable control. 15.No Guarantee of Water Quality, Quantity or Pressure. The City makes no 126 16 promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is required by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards and to exercise reasonable care and foresight in furnishing water hereunder equal in quality to that furnished inside the City. 16.Property Rights in City Water. All water furnished under this Agreement is provided on a contractual basis for use on the Subject Property as described in this Agreement, and all property rights to the water to be furnished hereunder are reserved to the City. Water service provided under this Agreement does not include any right to make a succession of uses of such water, and upon completion of the primary use of the water on the Subject Property, all dominion over the water provided reverts completely to the City. Subject to the prohibition against waste and any other limitations on water use imposed in this Agreement, Owner shall have no obligation to create any particular volume of return flow from the water furnished under this Agreement. Owner agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. 17.Enforcement by the City. The parties to this Agreement recognize and agree that the City has the right to enforce its rules, policies, regulations, and ordinances and the terms of this Agreement in accordance with then applicable enforcement provisions of the Code, rules, regulations, standards and policies of the City. Additionally, in the event that Owner, any lot owner, or any users who have purchased or leased a portion of the Subject Property violate the applicable rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or in equity, or as provided in the Code with respect to Owner and such subsequent lot owners or users, as if the Subject Property were located within the City limits. Without limiting the foregoing rights and remedies, Owner agrees that the City may also enforce such applicable rules, policies, regulations or ordinances by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such violations. The City shall be free from any liability arising out of the exercise of its rights under this paragraph. 18.Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal laws and the Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with the Code or state or federal laws, or is declared invalid by a court of competent jurisdiction, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. The City agrees that its contractual obligations hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by state or federal law. 127 17 19.Annexation. (a) Upon the written request of the City, at its sole discretion, Owner and/or its successors in interest shall petition for and/or consent to annexation of the Subject Property, or those portions thereof as deemed appropriate by the City, to the City of Aspen at such time(s) as determined by the City. Such annexation(s) shall not divest or diminish any land use approvals or development rights awarded by Pitkin County for any lot in the Subject Property, to the extent such approvals and rights for a lot are legally vested on behalf of Owner or its successors in interest prior to annexation to the City, subject to the following: (i)If a building permit for a lot has been accepted by and is pending in the county or if a permit has been issued by the county and construction is not complete at the effective date of annexation, the following provision shall apply: The lot owner shall proceed, at such lot owner’s sole expense, to have the county take action on its pending building permit application and have the permit issued by the county, with any fees due through the time of building permit issuance paid in accordance with the county vested rights approval. Once the permit has been issued by the county, the City will then have jurisdiction to do necessary inspections, change orders and any other functions and services the City provides during the construction process, all in accordance with City code. To the extent that the lot owner has paid building review and inspection fees in advance to the county prior to the effective date of annexation and any City department thereafter incurs any costs in reviewing, inspecting, or otherwise in relation to completion of construction in accordance with the county-accepted building plans, the lot owner is responsible for paying all City fees in accordance with City fee schedules in effect at the time of annexation, notwithstanding there may be duplication of effort between the City and the county. It is the lot owner’s responsibility in such circumstance to obtain refunds from the county, if available. (ii)If no building permit for a lot has been accepted by the county at the effective date of annexation and the vested rights have not expired, the county approval and vested right is not diminished except that the dimensional allowances permitted (specifically Floor Area) by the county under the vested right will be reviewed and calculated under the allowances and limitations of the City’s municipal code in effect at the time of building permit application and all fees due at the time of or in connection with the building permit application shall be calculated in accordance with applicable City code. (iii)On any lot for which land use or development approvals are not vested in accordance with law at the effective date of annexation, or for which vesting has expired, development on such lot shall be subject to the terms, conditions, and regulations of the City code. 128 18 (iv)Notwithstanding annexation of all or any part of the Subject Property, any new development on any lot shall be subject to the City urban runoff management requirements., including payment to the City of applicable fees related to such requirements. Urban runoff management plans shall be submitted to and approved by the City prior to issuance of any building permit for new development by the City or the County. (b) Notwithstanding annexation of all or any part of the Subject Property, this Agreement will remain in full force and effect, subject to termination as herein provided. (c) Failure of Owner or its successors in interest to commence and complete annexation proceedings as herein required shall constitute a material breach of this Agreement authorizing the City to terminate the same. Alternatively, failure of Owner or its successors in interest to commence and complete annexation as herein required shall authorize the City to commence and/or complete such annexation on their behalf, in which event the City shall charge, and Owner and their successors in interest shall pay, all costs and fees associated with such annexation. 20.No Regulated Public Utility Status. The parties agree that by this Agreement the City does not become a regulated public utility compelled to serve other parties similarly situated. Owner agrees that neither it nor its successors in interest shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a regulated public utility by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 21.No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 22.Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein below, or at such other address as shall be given by notice pursuant to this paragraph. Owner: Willoughby Ponds Trust c/o John Bucksbaum 71 S. Wacker Drive, Suite 2130 Chicago, IL. 60606 City of Aspen: City of Aspen Utilities Director 129 19 427 Rio Grande Place Aspen, CO 81611 Copies of such notices shall also be sent in the same manner to the City Attorney, City of Aspen, 427 Rio Grande Place, Aspen, Colorado 81611. 23.Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 24.Amendment; Assignment. Neither this Agreement, nor the obligations of either party hereto, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the parties hereto, provided, however, that subsequent owner of any lot within the Subject Property shall be subject to the terms and conditions of this Agreement and shall be entitled to receive water service pursuant to this Agreement as provided herein without amendment of this Agreement. 25.Entire Agreement. Except as otherwise provided herein, this Agreement, including its Exhibits, supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the parties governing the matters provided for herein. 26.Interpretation. Titles and paragraph headings shall not be used to alter the meaning of this Agreement. 27.Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Subject Property, or any lot or other portion of the Subject Property shall be subject to this Agreement as provided herein. This Agreement, including the Exhibits hereto, shall be recorded with the Pitkin County Clerk and Recorder at Owner’s expense and, together with the covenants required by this Agreement, shall impose covenants running with the land upon all of the Subject Property. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 28.Governing Law; Venue; Attorney Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorney fees. 29.Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been 130 20 performed and that the persons signing for each party have been duly authorized to do so 30.Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Water Service Agreement the date and year first above written. THE CITY OF ASPEN, COLORADO A Municipal Corporation and Home Rule City Attest:____________________________ By_____________________________ City Clerk Mayor APPROVED AS TO FORM: ______________________________ Aspen City Attorney OWNER WILLOUGHBY PONDS TRUST, a Colorado trust By:___________________________ Ann Friedman, Co-Trustee STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me this ___ day of ____________, 2022, by a person satisfactorily identified to me as _______________, Co-Trustee of the Willoughby Ponds Trust. Witness my hand and official seal. NOTARY PUBLIC My commission expires: 131 21 By:___________________________ John Bucksbaum Co-Trustee STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me this ___ day of ____________, 2022, by a person satisfactorily identified to me as _______________, Co-Trustee of the Willoughby Ponds Trust. Witness my hand and official seal. NOTARY PUBLIC My commission expires: Index of Exhibits 132 - LEGEND -Approved:Graphic ScaleIn U.S. Feet : 1" = 50'02550100Title:Third AmendedSubdivision PlatRevision#Sheet No.Job No.Drawn by:Date:File:2016-285.001HS10/13/2021RBWillPondsPlatAmend3118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By:EXHIBIT A2Of :----PLS:Third Amended Subdivision Plat Of Willoughby Ponds Estates Pitkin County, Colorado 133 Lot 51.240 Acres±Lot 41.278 Acres ±Graphic ScaleIn Feet: 1" = 20'0102040Title:Revision#Dwg No.Willoughby Ponds Estates Pitkin County, ColoradoJob No.Drawn by:Date:File:PE:QC:2016-285.002----09.24.2020----WillPondsLot6-WaterlinePlan----118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By:EXHIBITBOf :Review SetProject Milestone: 134 .55675 sq. ft. ±1.278 ac. ±.54072 sq. ft. ±1.241 ac. ±PEM1C WETLAND 0.87 ACRE FEN WETLANDS 1.51 ACRES PEM1C WETLAND 0.69 ACRE PEM1C WETLAND0.17 ACREPROPOSED WILLOUGHBY WAY &SHADY LANE INTERCONNECTIONWITH 50' EASEMENT50.00'50.00'50.00'RIO GRANDE TRAIL&R.O.W. RIO GRANDE TRAIL &R.O.W. FEN WETLANDS CONNECT TO EXISTING WATER LINE OPENSPACE Approved:Graphic ScaleIn Feet: 1" = 60'03060120Title:Wetlands Map WithTopoRevision#Dwg No.Willoughby Ponds Estates Pitkin County, ColoradoJob No.Drawn by:Date:File:PE:QC:2016-285.002----09.24.2020----Willoughby-WetlandsMap----118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By:EXHIBIT C4Of :Notice: Review SetProject Milestone:PLS:135 * The City reserves the right to based mitigation and impact fees on as built surveys EXHIBIT D – FEE CALCULATIONS AFFORDABLE HOUSING MITIGATION FEE CALCULATION FORMULA: 1. Determine the Net Livable area of the new development (review of approved building plan sets). The Net Livable area shall be determined using the method described in section 26.575 of the Aspen Land Use Code (LUC). 2. Multiply the Net Livable Area by 30%. Affordable housing Net Livable area shall be provided in an amount equal to at least 30% of the additional free-market residential net livable area – LUC section 26.470.080(5). 3. Divide the affordable net livable area by 400 sq. ft. to obtain the number of full-time equivalent employee (FTE) number. Whenever an affordable housing mitigation requirement is required to be converted between a number of employees requirement and square footage requirement, the conversion factor shall be 1 employee per every 400 square ft. of net livable area. LUC section 26.470.050(e). 4. Multiply the FTE number by the fee-in-lieu per FTE, in this case Category 4 rate of $302,879. Affordable housing must be provided at a Category 4 rate, which is $302,879 per FTE. LUC section 26.470.0. 5. Subtract affordable housing mitigation fees paid to Pitkin County on the subject lot. Formula (Affordable Housing Net Livable x 0.3) / 400 sq. ft. = FTE x $302,879 minus any fees paid to Pitkin County for affordable housing mitigation on the subject lot = City Affordable Housing Fee. _____________________________________________________________________________________ Water Services Agreement – Lot 6 Willoughby Ponds Subdivision City of Aspen Net Livable Calculation per attached drawing: 7,138 sf * City Affordable Housing Mitigation Calculation: 7,138 x .3 = 2,141.4 / 400sf = 5.35 FTE x $302,879 = $1,621,462.73 $1,621,462.73 – $677,330.44 (Pitkin County’s Mitigation Fee credit estimate) = $944,132.29 ($677,330 – is based on Pitkin County Calculation of Gross Floor Area: 9,431 sf, per BOCC Resolution #19, of 2019) Affordable Housing Mitigation Fee: $944,132.29 Remaining Impact Fees Calculation: These are based on Floor Area of 8,966 sf per attached drawing and a land area (5.223 acres) and actual value of land ($11.3M) per Pitkin County Assessor. (LUC chapter 26.620) School Lands $12,841.77 896 x 0.8744 = 783.46 x $49.67 (per sf land valuation from assessor) x .33 = $12,841.77 Parks $48,864.70 ($5.45 per sq. ft. of Floor Area) TDM $5,469.26 ($0.61 per sq. ft. of Floor Area) TOTAL Mitigation and Impact Fees: $1,011,308.02 136 MEMORANDUM TO:Mayor and City Council FROM: Austin Weiss, Director of Parks and Recreation Matt Kuhn, Parks and Open Space Director THROUGH:Diane Foster, Assistant City Manager Sara Ott, City Manager MEMO DATE:August 10, 2022 MEETING DATE:August 23, 2022 RE:Resolution #101 Series 2022 - 0.5% Open Space Sales Tax Renewal REQUEST OF COUNCIL: Parks and Recreation staff are seeking City Council approval of a resolution that will finalize the Half Cent Ballot language in preparation of the General Election in November. SUMMARY AND BACKGROUND: Following the August 1st, 2022 work session with City Council, staff have developed a Resolution that proposes language for the ballot question renewing the 0.5% Open Space Sales Tax. Background: Aspen voters approved an additional 0.5% Open Space Sales Tax in November 2000, with 63% of the Aspen voters in favor of the question. The tax imposed an additional half cent (0.5%) tax on all sales tax as well as allowing an additional 38 million dollars in debt bonding authority. This tax will sunset on December 31 st, 2025 and the revenue from this tax provides roughly one-third of the Parks and Open Space funds for operational and capital expenses. The Parks and Open Space program is also funded by a 1.0% sales tax that was originally passed by voters in 1970 with 76% of voters in support of the taxat that time. The original 1.0% sales tax included provisions for the reimbursement of food tax as well as for the acquisitions of real property including open space and for the expenses related to the “expenditures necessary to protect such property…”. Unique to the 0.5% sales tax is that it allows for additional recreation uses and states, “For the purpose of buying, improving and maintaining trail, recreational and open space properties, and ancillary facilities.” The inclusion of recreation within the authorizing language has allowed for the construction 137 of the Aspen Recreation Center, and has been used for support of incidental operation and maintenance expenses for both golf and recreation programs. DISCUSSION: At a Work Session with Council on August 1, 2022, staff received direction to continue to plan for a fall 2022 ballot question. Council suggested that a simple renewal of the existing language would be most appropriate, and supported staff’s recommendation to remove the 25-year term of the tax, and make it a permanent tax. Council also asked staff to prepare language of intent regarding the renewal of the tax, and this has been included in the attached resolution. The proposed ballot language is as follows: SHALL THE CITY OF ASPEN’S EXISTING 0.5% SALES TAX FOR THE PURPOSE OF BUYING, IMPROVING AND MAINTAINING TRAIL, RECREATIONAL AND OPEN SPACE PROPERTIES, AND ANCILLARY FACILITIES, WHICH IS SCHEDULED TO EXPIRE ON DECEMBER 31, 2025, BE EXTENDED IN PERPETUITY; AND SHALL THE REVENUES FROM SUCH SALES TAXES AND THE EARNINGS THEREON BE COLLECTED, RETAINED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (TABOR) OR ANY OTHER LAW? RECOMENDATION Staff recommends approval of Resolution #101, Series 2022 establishing the ballot language for the 0.5% Open Space Sales Tax renewal CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A –Resolution #101, Series 2022 138 1 RESOLUTION NO. 101 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 8, 2022, COORDINATED ELECTION A CERTAIN QUESTION EXTENDING THE CURRENT 0.5% SALES TAX FOR THE PURPOSE OF BUYING, IMPROVING AND MAINTAINING TRAIL, RECREATIONAL AND OPEN SPACE PROPERTIES, AND ANCILLARY FACILITIES. WHEREAS, the City Council desires to place before the electorate of the City of Aspen certain ballot questions; and WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen City Charter to, on its own motion, submit questions to a vote of the electorate; and WHEREAS, the election provisions of Article X, Section 20(3) of the Colorado Constitution requires that certain financial ballot issues be decided only in a state general election, biennial local election, or on the first Tuesday in November of odd numbered years; and WHEREAS, on November 4 th 2000, the Aspen voters approved Referendum 2B authorizing the City to collect a 0.5% Open Space Sales Tax; and WHEREAS, the 0.5% Sales Tax is commonly referred to as the Half Cent sales tax; and WHEREAS, the Half Cent Sales Tax has contributed to the construction of key City Parks and Recreation amenities such as the Aspen Recreation Center, Iselin and Rotary Ballfields, the Upper and Lower Moore Ballfields, the Aspen Golf Course Clubhouse and Nordic Center, John Denver Sanctuary, and many other park improvements; and, WHEREAS, the Half Cent sales tax has supported the acquisition of Smuggler Mountain Open Space, Sky Mountain Park, and other open space parcels around Aspen; and WHEREAS, the Half Cent sales tax has been instrumental in the development of the City’s broad multi-use trail network that aids citizen and visitors with safe and efficient alternative 139 2 transportation, including the AABC Trail, the Cemetery Lane Trail, the Highlands Trail, the Terral/Wade Bridge and the East of Aspen Trail; and WHEREAS, the maintenance and upkeep of the City’s parks and playgrounds are funded in part by the Half Cent sales tax; and WHEREAS, the potential elimination of the Half Cent sales tax would result in a 1/3 reduction in the Parks Fund budget, which would affect the ability of the Parks and Open Space program to maintain a high-level standard or to acquire open space parcels in the future. Whereas, Parks, Trails, Recreation, and Open Space are foundational to the environment and quality of life in Aspen; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question shall be submitted to the electorate at the November 8, 2022, special municipal election: CITY OF ASPEN – EXTENSION OF EXISTING 0.5% SALES TAX FOR PARKS AND OPEN SPACE. SHALL THE CITY OF ASPEN’S EXISTING 0.5% SALES TAX FOR THE PURPOSE OF BUYING, IMPROVING AND MAINTAINING TRAIL, RECREATIONAL AND OPEN SPACE PROPERTIES, AND ANCILLARY FACILITIES, WHICH IS SCHEDULED TO EXPIRE ON DECEMBER 31, 2025, BE EXTENDED IN PERPETUITY; AND SHALL THE REVENUES FROM SUCH SALES TAXES AND THE EARNINGS THEREON BE COLLECTED, RETAINED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (TABOR) OR ANY OTHER LAW? YES ____ NO ____ 140 3 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2022. ___________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. _______________________________ Nicole Henning, City Clerk 141 MEMORANDUM TO:City Council FROM:Diane Foster, Assistant City Manager THROUGH:Sara Ott, City Manager MEMO DATE:August 18, 2022 MEETING DATE:August 23, 2023 RE:Resolution # 102 of 2022 Aspen Public House Request for Consent to Transfer REQUEST OF COUNCIL:Please consider Resolution # 102 of 2022, providing consent for a proposed transfer of a 51% interest in the ownership of Elk Mountain Hospitality, Inc., current tenant operating the restaurant space located at the Wheeler Opera House. Given the nature of this question, staff has not taken a position for or against this proposal. SUMMARY AND BACKGROUND: William (Bill) Johnson, owner of the Elk Mountain Hospitality dba Aspen Public House, is asking City Council to approve the transfer of a 51% interest in Elk Mountain Hospitality to bring in a business partner to renovate the facility and open a new restaurant in that space. The current lease allows up to 25% change in ownership without City Council approval. Transfer of an ownership interest greater than 25% requires approval of City Council at its sole discretion. The lease for the Aspen Public House space located in the Wheeler Opera House runs from May 1, 2018 through April 30, 2023. The lease can be renewed by the Aspen Public House for an additional five years. The rental rate is specified in Section 3 of the lease, Attachment A, and is currently $11,876.20 per month plus 8% of Gross Sales in excess of that year’s Breakpoint, as defined in paragraph 3.f. of the lease (Exhibit A). DISCUSSION:For a number of reasons detailed in Bill Johnson’s proposal to City Council, Bill would like to sell 51% of Elk Mountain Hospitality to Raphael Derly. Section 19 of the Lease Agreement for the Wheeler Opera House Restaurant requires that any transfer of the lessee’s corporate ownership that exceeds 25% must receive approval from City Council. Section 19 reads as follows: 19.Sublease/Assignment.Tenant shall not assign, sublease, mortgage, pledge or otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or permit the Leased Premises or any portion thereof to be occupied by anyone without Landlord's prior written consent in each instance. Consent to transfer shall be at the Landlords sole discretion. In the event Tenant is a corporation or LLC,these provisions shall 142 apply to any transfer,sale or other disposition, whether voluntary or involuntary, of more than 25% of the shares or membership interest in the corporation or LLC of Tenant or to any merger, consolidation or dissolution or any other transaction, the effect of which would be in an y way to avoid or circumvent such prohibitions. Any assignment or subletting contrary to the provisions of this Paragraph shall be void and shall, at the option of the Landlord, constitute a default under the terms of this Lease. While it may not be germane to the question before Council, it is important to note that the Aspen Public House is not currently performing to the conditions of the lease. Exhibit C of the lease requires full kitchen service to be available from noon to 8pm. The Aspen Public House has not been open for lunch due to staffing challenges. To date, City staff has not enforced this provision of the lease. Also, as of today, the parties have not revealed the purchase price of the stock transfer. Reasons to consider approving this request: Minimal disruption in service, as compared to going out to RFP to find a new operator; This new operator may be able to hire staff sufficient to open for lunch; and In today’s economic environment, finding a new operator could be difficult. Reasons to consider denying this request: Percentage of ownership that will be sold is roughly double what is allowed in the lease, without the consent of City Council; If the current operator is no longer interested in operating at this location, it is fair to other potential operators for the City to issue an RFP, rather than allow what is functionally a private sale; and In the community survey, lack of affordable dining options was one of the top community concerns. If the current operator decides to give up his lease, it may be possible to find a lessee who could provide an even more affordable menu, especially if the City offers even more favorable lease terms. FINANCIAL IMPACTS:In addition to monthly lease payments, the City does receive a modest share of the restaurant’s gross revenues. While still offering selections at a more affordable price point than the market, a new restaurant could provide greater revenue. ENVIRONMENTAL IMPACTS:If renovated, some portion of the removed materials could be recycled or reused, but presumably some portion of removed materials would end up in the landfill. ALTERNATIVES:City Council could deny this request, at which point the current lessee has multiple options including but not limited to operating his restaurant in its current form, selling up to 25% of his business or terminating the lease at the end of its term. 143 RECOMMENDATIONS:Staff is neutral on this proposal and is asking that Council consider in its discretion, Resolution #102, Series of 2022, which, if adopted, would approve the transfer of a 51% interest in Elk Mountain Hospitality, Inc., which operates the restaurant space located at the Wheeler Opera House, to Raphael Derly. CITY MANAGER COMMENTS: 144 1 RESOLUTION NO. 102 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE TRANSFER OF FIFTY-ONE PERCENT (51%) OWNERSHIP INTEREST IN ELK MOUNTAIN HOSPITALITY, INC, DBA PUBLIC HOUSE RESTAURANT IN THE WHEELER OPERA HOUSE. WHEREAS, Elk Mountain Hospitality, Inc., is the current tenant providing a restaurant in the Wheeler Opera House known as the Public House; and WHEREAS, Elk Mountain Hospitality, Inc., has submitted to the Aspen City Council a proposed Stock Purchase Agreement whereby 51% of the ownership interest in the corporation will be transferred to Raphael Derly; and WHEREAS, Section 19, of the current lease, provides the following: Tenant shall not assign, sublease, mortgage, pledge or otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or permit the Leased Premises or any portion thereof to be occupied by anyone without Landlord's prior written consent in each instance. Consent to transfer shall be at the Landlords sole discretion. Elk Mountain Hospitality, Inc., and the proposed purchaser are seeking consent from City Council for the proposed transfer pursuant to this section; and WHEREAS, the City Council has reviewed the proposal and concludes that approval of the transfer is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: City Council, pursuant to Section 19, of the current lease to the premises hereby consents to the transfer of 51% of the stock in Elk Mountain Hospitality, Inc. to Raphael Derby as set forth in the Stock Purchase Agreement attached hereto as Exhibit A. 145 2 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2022. ___________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. _______________________________ Nicole Henning, City Clerk 146 Exhibit A 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 8 AUG 2022 TO: City of Aspen FROM: Elk Mountain Hospitality, Inc. DBA “Aspen Public House,” William Johnson, Raphael Derly SUBJECT: Request for permission to sell a percentage of Elk Mountain Hospitality to Raphael Derly. Request for permission to change the DBA, update the existing concept, and a brief description of the changes and associated rationale. Objective: This memo’s intended purpose is to outline the requests by the existing tenant, Elk Mountain Hospitality Inc. (EMH), in the 328 E Hyman Ave restaurant space owned and leased by the City of Aspen. We will include brief descriptions of the request, concept, revenue projections, etc. We will provide a more detailed presentation during the August 23rd Council meeting and can answer any questions at that time. I.Ownership/Assignment Request: William Johnson, sole owner of Elk Mountain Hospitality, is requesting to sell 51% of EMH to Raphael Derly. II.Concept Changes/Updates: EMH would like to update the Aspen Public House concept by changing the DBA to more accurately reflect the updated ambience, menus, etc.: a.Interior/Ambience: The new concept will create an exciting ambience by updating the interior of the restaurant. The updates would be cosmetic in nature and would not require any permits or intrusive construction. The updates will include: brighter wall/ceiling colors, new ceiling trim, new furniture, and an updated floor plan. The overall capacity of the new concept will not exceed the current capacity limits. To facilitate the interior updates, EMH would like to close for no more than 6 weeks during the fall offseason. See Appendix 1 b.Culinary Program: The new concept will build on the reputation created by Aspen Public House. We will still serve entrees, salads and sandwiches, but the primary menu concept will focus on a large variety of appetizers and shared plates. This focus will result in quicker “ticket times,” and allow customers to try a larger variety of dishes with possibly quicker turnover. See Appendix 2 c.Beverage Program: The new concept will retain the cocktail program developed by Aspen Public House. The cocktail program has been the largest revenue center for Aspen Public House. The new concept will also expand the focus on wine sales. Offering a rotating selection of up to 20 wines by the glass as well as a comprehensive bottle selection. The expanded wine program will help drive Exhibit B 193 more revenue, as current wine sales only account for 4-5% of gross revenue at Aspen Public House. d. Hours of Operation: The new concept will strive to be open for lunch and dinner, 7 days a week during the peak season with no extended offseason closures. We will also continue the tradition of late-night bar service. e. Affordability/Locally Serving: The new concept will expand the affordability aspect of Aspen Public House by creating a food menu where 70-75% of the menu items will be priced under $20. In addition to the food program, the expanded wine program will have many options, both by-the-glass and bottle format, well under the Aspen market’s average. Relative affordability, as dictated by the current lease, will remain a cornerstone of the establishment’s brand and business model. f. Sustainability. The new concept will have a focus on sustainability and reducing the overall carbon footprint of restaurant operations. This will be achieved by returning to a comprehensive compost and recycling program with a focus on diverting food waste. We will also build on existing relationships with local farmers and ranchers who practice regenerative agriculture. The long term goal will be to source as much of our menu ingredients from Western Slope producers as possible, reducing the resources involved in transportation and storage. g. Increased Revenue. The new concept is projected to increase the gross revenues over current operations by 50-70%. With the current lease structure, any increase in revenue would have a direct financial benefit for the Wheeler Opera House programming. These projections are supported by the following: 1. Returning to a “lunch & dinner, 7 days a week” business model. 2. Increasing the total volume of food sales by focusing on quickly executed menu items. 3. Increasing the volume of customers served by streamlining kitchen operations. 4. Expanding the wine sales, a revenue center currently untapped by Aspen Public House. 5. Updating the brand/interior to create an ambience that will be central to the new concept. 6. Updating the website and increasing the marketing budget for the new concept. 194 Appendix 1 From: Raphael Derly DESIGN-AMBIANCE The Wheeler Opera house is an iconic and historical building and the bar and restaurant space is historically preserved. Our vision for this project is to honor the existing preserved elements .We are chasing a warm elegant industrial vibe in an incredible sensual atmosphere. In order to do so, we will be very details oriented, from ceiling to floors, including walls, see pictures attached, we will aim for a bright warm soft atmosphere, the concept of a brasserie like location, an ambiance that falls somewhere between an intimate local wine bar and an old world warehouse where guests come to indulge in first class cocktails and the best of contemporary crossover affordable cuisine. The design will combine vintage and modern, part dramatic and theatrical. Pictures represent design ideas and direction. We are working with an architect to produce CAD renderings and floor plans. 195 Appendix 2 Our menu vision. From: Raphael Derly Tapas style small shareable plates are an opportunity to eat adventurously and an authentic ,affordable way to sample local dishes. The experience is like an edible scavenger hunt. A hand scrawling chalkboard menu describing various offerings. Our vision with a small affordable plate menu is to make our guests' meals an adventure. Have you ever gone to a restaurant and wanted to order everything on the menu? Restaurants are starting to realize the popularity of sampler dishes since it's one of the top 10 food trends.If you are someone who wants to enjoy a little bit of everything,then you will enjoy eating tapas style meals. Our menu offerings: Starters & Shared Plates: OLIVES Selection of marinated olives from Spain $7 DATES Dates stuffed with almonds and blue cheese wrapped in bacon $9 CROQUETTES Creamy mushrooms croquettes with truffle aioli $9 CROQUETTES Creamy ham croquettes with quince puree $8 TORTILLA ESPANOLA Traditional Spanish omelet of organic eggs, confit potatoes, onions $12 EGGPLANTS Fire roasted eggplant, red pepper, onions fresh herb olive oil $8 CORN RUSTIC Grilled corn, Manchego cheese scallions chili lime $12 CALAMARI A LA PLANCHA Sauteed calamari with garlic, white wine and olive oil $14 PATA NEGRA HAM Charcuterie board $19 196 STEAK TARTARE Crispy potatoes and crostini $18 SECRET HOUSE CHEESEBURGER $19 LAMB Seared Colorado Lamb skewers pickled shallots $20 CLAMS Manila clams,garlic and parsley sauce,fresh herbs,grilled country bread $18 JUMBO PRAWNS Shrimp,garlic ,brandy,lobster reduction $24 MEATBALLS Colorado lamb meatballs,tomato sauce,sheep s milk cheese, basil $17 GRILLED OCTOPUS Seared octopus,olive oil,crushed potatoes $22 Entrees & Large Plates: STEAK Filet Mignon,garlic almonds charred onions asparagus $42 RUSTIC CHICKEN Catalan style roasted chicken,lemon and herbs Half $23 Whole $ 44 PORK Iberico pork,sherry vinegar fried egg $49 Traditional salads will also feature on the menu. 197 1 Exhibit C .STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (the Agreement) is effective as of July _____, 2022 (the Effective Date) by and among William Johnson (Seller), Elk Mountain Hospitality, Inc. (the Company) and Raphael Derly (Buyer) sometimes collectively called the parties. RECITALS A. The Company is in the business of owning and operating a Restaurant called Aspen Public House located at the historic Wheeler Opera House in Aspen, Colorado. B. Seller owns 100% all of the outstanding Stock of the Company (the Stock) C. Seller wishes to sell 51 % of Seller’s Stock in the Company to Buyer. D. Buyer wishes to buy 51% of Seller’s Stock in the Company from Seller. NOW THEREFORE, in consideration of the mutual covenants, promises, agreements, representations and warranties contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby covenant, promise, agree, represent and warrant as follows: 1. INTENTIONALLY DELETED 2. Closing The closing of Buyer’s purchase of the Stock (the Closing) shall take place at the offices of the Company on __________, 2022. At the Closing, Buyer shall tender the Purchase Price in good funds. At the closing the parties shall execute Company Resolutions (the Resolutions), (attached as Exhibit A) to document Buyer’s acceptance of the Company Bylaws and other governing documents as well as Buyer’s appointment to the Board of Directors and as an Officer of the Company. Immediately after the Closing, the owners of the Company and their percentages shall be as follows: Raphael Derly 51% William Johnson 49% 3. Representations and Warranties. 3.1 Representations and Warranties of Seller and Company. Seller and Company represents and warrants to Buyer that: 3.1.1.Ownership of Stock. Seller is the sole and exclusive record and beneficial owner of all of the issued and outstanding shares of Stockin the Company. Seller possesses good and merchantable title to the Stock, and owns the Stock free and clear of any and all security interests, agreements, restrictions, claims, liens, pledges and encumbrances of 198 2 any nature or kind. Seller has the absolute and unconditional right to sell, assign, transfer and deliver the Stock to the Buyer in accordance with the terms of this Agreement. 3.1.2.Due Organization; Good Standing; Authority of the Company. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Colorado. The books and records of the Company are available to Buyer for examination. 3.1.3. Validity of Agreement. Seller has the legal capacity and authority to enter into this Agreement. This Agreement is a valid and legally binding obligation of Seller and is fully enforceable against Seller in accordance with its terms, except as such enforceability may be limited by general principles of equity, bankruptcy, insolvency, moratorium and similar laws relating to creditors' rights generally. 3.1.4.No Options, Warrants and Other Rights and Agreements Affecting the Company Capital Stock. The Company has no authorized or outstanding options, warrants, calls, subscriptions, rights, convertible securities or other securities or any commitments, agreements, arrangements or understandings of any kind or nature obligating the Company, to issue Stock of the Company 3.1.5. Legal Proceedings. There is no action, suit, proceeding, claim, arbitration, or investigation by any Government, Governmental Agency or other Person (i) pending to which the Company is a party, (ii) threatened against or relating to the Company or any of the Company's assets or businesses, (iii) challenging the Company's right to execute, acknowledge, seal, deliver, perform under or consummate the transactions contemplated by this Agreement, or (iv) asserting any right with respect to any of Seller’s Stock, and there is no basis for any such action, suit, proceeding, claim, arbitration or investigation. 3.1.6.Financial Statements; Attached as Exhibit X and incorporated by reference herein are copies of the Company’s last 2 years federal income tax returns and the year to date profit/loss statement and balance sheet (the Financial Statements). The Financial Statements are true, correct and complete and accurately present the Company's financial position as of the dates set forth therein. 3.1.7. Books and Records; Fiscal Year; Method of Accounting. The Company has made available to the Buyer all of its tax, accounting, corporate and financial books and records. The books and records pertaining to the Company's business made available to the Buyer are true, correct and complete, have been maintained on a current basis, and fairly reflect the basis for the Company's financial condition and results of operations as set forth in the Financial Statements and the Interim Statements. 3.2.Representations and Warranties of the Buyer. The Buyer represents and 199 3 warrants to Sellers that: 3.2.1. Authorization and Validity of Documents. This Agreement has been duly executed, acknowledged, sealed and delivered by the Buyer and is a legal, valid, and binding obligation of the Buyer, enforceable against the Buyer in accordance with its terms, except as such enforceability may be limited by general principles of equity, bankruptcy, insolvency, moratorium and similar laws relating to creditors' rights generally. 3.2.2.Investment Intent. The Buyer is acquiring the Sellers Stock for investment only, for the Buyer's own account, and not with a view to, for offer for sale or for sale in connection with, the distribution or transfer thereof. Seller’s Stock is not being purchased for subdivision or fractionalization thereof; and the Buyer has no contract, undertaking, agreement or arrangement with any Person to sell, hypothecate, pledge, donate or otherwise transfer (with or without consideration) to any such Person any of the Sellers Stock which the Buyer is acquiring hereunder, and the Buyer has no present plans or intention to enter into any such contract, undertaking, agreement or arrangement. 3.2.3. Independent Evaluation. Buyer represents that Buyer is purchasing the Stock based on Buyer’s own judgment and evaluation, Buyer warrants that Buyer has had full and free access to all of Seller’s books, records and financial information relating to the Business and the Stock being purchased, so as to make an informed decision as to the acquisition of the assets described in this Agreement. 4. Default. 5.1. Buyer Default. In the event of a default by Buyer, Seller shall have all remedies available to it at law and equity, including but not limited to the right to recover from Buyer the outstanding Balance Due plus all of Seller’s collection costs, including reasonable attorney’s fees. 5.2. Seller Default . In the event of a default by Seller, Buyer shall have all remedies available to it at law and equity, including but not limited to the right of specific performance in the event that Seller refuses to tender the Stock pursuant to the terms of this Agreement plus all of Buyer’s collection costs, including reasonable attorney’s fees. 5.Miscellaneous. 5.1. Survival of Representations, Warranties, and Agreements. All of the representations, warranties, covenants, promises and agreements of the parties contained in this Agreement (or in any document delivered or to be delivered pursuant to this Agreement or in connection with the Closing) shall survive the execution, acknowledgement, sealing and delivery of this Agreement and the consummation of the transactions contemplated hereby. 200 4 5.2.Notices. All notices, requests, demands, consents, and other communications which are required or may be given under this Agreement (collectively, the "Notices") shall be in writing and shall be given either (a) by verifiable facsimile or email transmission; (b) by personal delivery against a receipted copy, or (c) by certified or registered U.S. mail, return receipt requested, postage prepaid, to the following addresses: If to Seller and Company: If to the Buyer: or to such other address of which written notice in accordance with this Section shall have been provided by such party. Notices may only be given in the manner hereinabove described in this Section and shall be deemed received when given in such manner. 5.3.Entire Agreement. This Agreement (including the Exhibits hereto) constitutes the full, entire and integrated agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, correspondence, understandings and agreements among the parties hereto respecting the subject matter hereof 5.4.Assignability. This Agreement shall not be assignable by any party without the prior written consent of the other parties hereto; provided, however, that the Buyer may, without the prior written consent of any other party, assign its interest in this Agreement to any Affiliate of the Buyer if such Affiliate undertakes to perform the Buyer's obligations hereunder that shall have been so assigned, and upon, from and after such assignment the Buyer shall have no further liabilities, obligations or duties in respect of the rights, obligations and duties so assigned. 5.5.Binding Effect; Benefit. This Agreement shall inure to the benefit of and be binding upon the parties. Nothing in this Agreement, express or implied, is intended to confer upon any other Person any rights, remedies, obligations, or liabilities. 5.6. Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating or rendering unenforceable the remaining provisions of this Agreement. 5.7 Amendment; Waiver. No provision of this Agreement may be amended, waived, or otherwise modified without the prior written consent of all of the parties hereto. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement herein contained. The waiver by any party hereto of a breach of any provision or condition contained in this Agreement shall not operate or be construed as a waiver 201 5 of any subsequent breach or of any other conditions hereof. 5.8.Section Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 5.9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 5.10 Applicable Law. This agreement is made and entered into, and shall be governed by and construed in accordance with, the laws of the State of Colorado 5.11. Further Assurances. The Sellers jointly and severally agree to execute, acknowledge, seal and deliver, after the date hereof, without additional consideration, such further assurances, instruments and documents, and to take such further actions, as the Buyer may request in order to fulfill the intent of this Agreement and the transactions contemplated hereby. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement on the date indicated below. SELLER BUYER __________________________________________________ _______________________________________ Date Date 202 8 AUG 2022 TO: City of Aspen FROM: William Johnson, Owner of Aspen Public House (APH) SUBJECT: Personal reasons for requesting business partnership authorization. In addition to the broader partnership/concept request, I would like to include a brief memo with a few explanations as to why I am pursuing this partnership at this particular time: 1.Internal reasons: I have successfully operated the restaurant independently without any operating partners or investors since its inception in Spring of 2018. While this has been a rewarding and enlightening experience, the personal time commitment is significant. I am getting married this October, and I am hoping to spend more time with my family (starting anew as well as taking care of my father). Selling a share of my business would help with the time aspect as well as allow me to access equity in the business to help with personal financial stability. 2.External reasons: The restaurant landscape has undergone drastic changes comparatively from 2018 to present day. With the influx of restaurant groups replacing smaller, locally owned establishments, APH is struggling to compete in a demanding labor market where we can be outbid by competitors with seemingly unlimited resources. The capital injection resulting from selling a portion of the business would allow us to rebrand as well as recalibrate our employ ee wages to better meet these free market forces. 3.Reasons specifically related to Raphael Derly: Raphael Derly is a local with a strong understanding of how to conduct business in Aspen. He has a successful background in every aspect of owning and operating a small independent restaurant, and he has a firm grasp on what concepts will ultimately succeed. Finally, the proximity of our businesses has allowed us to cultivate a positive professional relationship over the years. We have had the chance to observ e how each other operates. It is for these reasons that I feel a partnership with Raphael would be beneficial to all parties involved. If the partnership request is granted, I will continue to be active in all operational and administrative aspects of the restaurant, but with more of a focus on a “9 to 5” schedule. There are additional reasons for consideration related to concept, revenue, longevity, etc., however , I wanted to include a brief summary of my own personal reasons. Please reach out with any further questions, Sincerely, William Johnson wj@publichouseaspen.com Exhibit D 203 MEMORANDUM TO:City Council FROM:Sara Ott, City Manager MEMO DATE:August 18, 2022 MEETING DATE:August 23, 2023 RE:Action Item: Galena Cooper Living Lab Previous Conditions REQUEST OF COUNCIL: City Manager requests direction whether the Council wishes to maintain any living lab elements while future conversation about long term changes occur. SUMMARY AND BACKGROUND: City Council has had several discussions regarding the Galena Cooper Living Lab over the summer. In communication planning, the community was advised that all parts of the Lab were temporary, and that original conditions would be restored as the Lab closes in September 2022. DISCUSSION:Recently a few council members have indicated a preference to keep parallel parking on the west side of Galena Street, while returning to angled parking on the east side. This configuration would continue to Cooper Street. Secondly, staff recommends keeping Hyman Street one way between Hunter Street and Galena Street. Third, Council may also wish to discuss keeping the 3-way stop at Hopkins Street and Galena Street. Staff would recommend this improvement as well. It will be necessary to remove all temporary vertical elements for winter snow removal operations. NEXT STEPS:The City Manager requests direction on the Council’s preference for interim conditions going forward, specifically whether to retain any of the three elements listed above for the interim. The Council is scheduled to discuss the entire Lab results on November 1. FINANCES: No additional funding is requested. The painting contractor is scheduled to be being work in the later half of September. 204