HomeMy WebLinkAboutagenda.council.regular.20221025AGENDA
CITY COUNCIL REGULAR
MEETING
October 25, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IV.Citizens Comments & Petitions
V.Special Orders of the Day
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
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VI.Consent Calendar
VI.A Resolution #104, Series of 2022 – Engineering Design Change Order 001: Maroon
Creek Pipeline Rehabilitation
VI.B Resolution #116, Series of 2022 – As-needed emergency raw water pipeline repair
services contract approval for Elite Pipeline Services, Inc.
VI.C Resolution #119, Series of 2022 - Plow/Sand Trucks Replacement
VII.Notice of Call-Up
VII.A
HPC approval for 132 W. Hopkins- Conceptual Major Development, Relocation and Variations
VII.B
HPC approval for 413 E. Main, Jing–Minor Development and Commercial Design Review
VIII.First Reading of Ordinances
VIII.AOrdinance #17, Series of 2022 - Burlingame Triangle Parcel - Major Subdivision
(These matters may be adopted together by a single motion)
Council Memo Maroon Creek Pipeline Rehab Eng Design_FINAL.docx
Reso #104 of 2022 for Engineering Design Services Change Order.doc
Exhibit A Scope of Work Maroon Creek Pipeline Rehabilitation - Final Design
Permitting Bidding Murraysmith Inc.pdf
Memo_As_needed_emergency_pipeline_services_2022-262_Final.docx
Reso #116 of 2022 for As Needed Emergency Pipeline Repair Services.doc
Exhibit A-General Service Agreement-Contract-As Needed Pipeline Repair-2022-
262-ElitePipelineServices.pdf
Sand_Trucks_Memo.docx
Resolution #119.doc
Contract 2022-304.pdf
State Awarded Number.pdf
OJ Watson City of aspen quote.pdf
Notice of Call Up Memo.132 W Hopkins.pdf
Exhibit A_HPC memo March 9 2022.pdf
Exhibit B_Approved drawings.pdf
Exhibit C_HPC minutes March 9 2022pdf.pdf
Exhibit D_HPC resolution.pdf
Notice of Call Up Memo.413 E Main.pdf
Exhibit A_HPC memo September 28 2022.pdf
Exhibit B_Approved elevations.pdf
Exhibit C_Draft HPC minutes September 28 2022.pdf
Exhibit D_Draft HPC resolution.pdf
Memo to Council_Triangle Parcel _First Reading_.pdf
Ordinance No.17_Series of 2022_Burlingame_Triangle Parcel_Major Subdivision.pdf
Exhibit A_General Subdivision Review Standards.pdf
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IX.Public Hearings
X.Action Items
X.A
Resolution #120, Series of 2022 - Aspen Mountain Tots Exemption and Three Year
Lease Request
X.B Resolution #121, Series of 2022 - Supporting Ballot Issue 2A
X.C Resolution #122, Series of 2022 - Supporting Ballot Issue 2B
X.D Inflation Relief Grants
XI.Adjournment
Exhibit B_Major Subdivision Review Standards_.pdf
Exhibit C_AVLT Letter and Entitlement Docs.pdf
Exhibit D_Resolution No. 13_Series of 2022_Burlingame_Triangle Parcel_Major
Subdivision.pdf
Exhibit E_Application.pdf
Memo_-_Aspen_Mountain_Tots_Exemption_and_Three_Year_Lease_Request.docx
Resolution #120 (2022) Aspen Mountain Tots.doc
2023-2026 Aspen Mountain Tots lease.doc
Resolution #121 - 2A reso of support (final).docx
RESOLUTION supporting 2B.docx
2022.10.25_Inflation_Relief_Grants_SGO (1).docx
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MEMORANDUM
TO:Mayor and City Council
FROM:Erin Loughlin, Project Manager II
THROUGH:Ryan Loebach, Sr. Project Manager
Tyler Christoff, Director of Utilities
MEMO DATE:October 17th, 2022
MEETING DATE:October 25th, 2022
RE:Resolution #104, Series of 2022 – Engineering Design Change
Order 001: Maroon Creek Pipeline Rehabilitation
REQUEST OF COUNCIL:Staff requests Council approval of Change Order 001 to
Murraysmith, Inc.’s professional services contract for engineering design of the Maroon Creek
Pipeline Rehabilitation from Headgate to Hydropower Plant. Staff recommends approval of
the change order in the amount of $47,965.00.
PREVIOUS COUNCIL ACTION: Staff have requested three previous Council actions for
this project. These three actions were:
Council reviewed funding for this project through the budget approval process in
2020 through 2022.
Council approved award of the Professional Services Agreement to Murraysmith,
Inc. for engineering design services for rehabilitation of the Maroon Creek
transmission pipeline through Resolution #048, Series of 2020.
Council reviewed the City’s federal grant application through approval of Resolution
#107, Series of 2021. The City was awarded a grant from the Bureau of Reclamation
in the amount of $480,232.00 on April 19, 2022.
BACKGROUND:The Maroon Creek Pipeline Rehabilitation project focuses on repairing the
first 7,200 feet of the Maroon Creek raw water line. This aging asset has required at least
annual staff intervention and repairs to fix leaking pipe joints in recent years. The Maroon
Creek pipeline provides raw water for potable water production as well as for hydropower
production at the Maroon Creek Hydropower Plant. City staff continues to move the Maroon
Creek Pipeline Rehabilitation Design forward with the goal of completing bid documents
scheduled for late Fall 2022.
City staff is requesting to retain Murraysmith, Inc to complete the design, permitting, and bid
support services for the project. Staff and Murraysmith have worked to develop a project
scope that will both repair and replace sections of pipeline. Pipeline replacement is currently
scoped to provide staff with easier access and dewatering capabilities near the Maroon Creek
4
crossing and in locations with severely deteriorated pipe sections. Pipeline repair shall occur
throughout the remaining conduit and consist of joint seals or a structural cured-in-place-pipe.
DISCUSSION:City staff are requesting added funds for additional engineering services
from Murraysmith, Inc. Based on preliminary findings City staff requested an alternatives
analysis summarizing detailed capital and life-cycle costs for complete pipeline
replacement, cured-in-place pipe lining, joint repair seals, and hybrid alternatives of those
three pipeline rehabilitation construction options. This analysis highlighted potential benefits
of a hybrid project approach utilizing all three pipeline rehabilitation construction techniques.
Due to the pipe condition found during survey, City staff requested Murraysmith to include a
welded steel pipeline design at the Maroon Creek Crossing and include both cured-in-place
pipe lining and joint repair seals as bid alternatives for the remaining pipeline rehabilitation
scope.
Field conditions encountered while assessing the existing pipeline alignment necessitated
wetland mapping to address U.S. Army Corps of Engineers Nationwide Permit 3.
Due to the size, complexity, and specialized nature of this work bidding support services
with Murraysmith, Inc. are proposed to be added to the scope of this project. Bidding
support will include assistance with technical responses to request for information (RFI)
received during the bidding process, engineering consultant review of received bid
packages, and engineer’s recommendation for award based upon follow-up with bidder
references and the consultant’s professional experience.
FINANCIAL/BUDGET IMPACTS: Council previously approved the engineering design
contract for Murraysmith, Inc. in the amount of $196,990.00 through Resolution #048,
Series of 2020. The requested value of Change Order 001 would adjust the total contract
amount by the following:
Project Expenditures
Murraysmith, Inc. Design Contract $196,990.00
Murraysmith Change Order 001 $47,965.00
Total Contract $244,955.00
Funding Budgeted
Water Fund 2020 Budget Authority – Project 51149 $245,832.00
Total Funding Budgeted $245,832.00
ENVIRONMENTAL IMPACTS:Maintaining and improving the City’s raw water conveyance
system creates a more efficient and resilient water system for both potable water customers
and power production. These improvements ultimately facilitate the community’s use and
access to this important but finite water resource. Reinvestment in infrastructure allows the
utility to minimize water and revenue losses and to continue providing a high level of
customer service.
In-situ (in place) repair of the identified segment of the Maroon Creek pipeline is anticipated
to reduce the impact of excavation and construction activities, as well as to increase the
longevity of the pipe system. The addition of more access points along the pipeline will
5
allow for improved access and will minimize the need for excavation related to future
pipeline maintenance and repair.
ALTERNATIVES: Staff believes this is a critical project to maintain the integrity of the source
water pipeline from Maroon Creek, which is critical to the operation of the Maroon Creek
hydroelectric facility and to the contribution of source water for treatment and eventual
distribution throughout the City’s service areas. Council can elect to forgo the change order
to this existing design contract and proceed with finalizing permitting and bidding the project
without assistance from the consulting engineer. However, this action does not make use of
the consultant’s expertise with the design plans and will likely delay important environmental
permitting. Additionally, this scope allows staff to efficiently and accurately address bidder
questions and assist the City with a comprehensive assessment of bid results and bidder
qualifications.
RECOMMENDED ACTION:Staff requests Council approval of Change Order 001, in the
amount of $47,965.00, to Murraysmith, Inc.’s professional services contract for engineering
design of the Maroon Creek Pipeline Rehabilitation.
PROPOSED MOTION:I move to approve Resolution #104 of 2022.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Exhibit A Scope of Work Maroon Creek Pipeline Rehabilitation – Final Design,
Permitting & Bidding from Murraysmith, Inc.
B. Resolution #104 of 2022
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RESOLUTION # 104
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER TO THE CONTRACT
BETWEEN THE CITY OF ASPEN AND MURRAYSMITH, INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE
ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a change order to
the professional services agreement for the engineering design for the Maroon
Creek Pipeline Rehabilitation Project, between the City of Aspen and
Murraysmith, Inc., a true and accurate copy of which is attached hereto as Exhibit
“A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the change
order to the professional services agreement for the engineering design for the
Maroon Creek Pipeline Rehabilitation Project, between the City of Aspen and
Murraysmith, Inc., a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25
th day of October 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, October 25
th, 2022.
Nicole Henning, City Clerk
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Change Order Form Revision 12/08/2021
Page 1 of 2
Change Order Form
General Information
Vendor Murraysmith, Inc.
Change Order Number 001
Date of Issuance August 5, 2022
Project Name Maroon Creek Pipeline Rehabilitation
Project Number 51149
Project Completion Date December 31, 2022
Project Manager Erin Loughlin
COA Account Code 421.322.81200.52199.51149
Project Information
Description Of Service Engineering design services for Maroon Creek raw water line
rehabilitation from the headgate to the penstock of the
hydroelectric plant.
Description Of Change
Order
Additional cost-benefit analysis on pipeline rehabilitation
options, bid alternatives, preliminary environmental assessment,
and bidding support services. Cost-benefit analysis of
rehabilitation options and bid alternatives are anticipated to
improve the quality of bidding documents and to result in more
competitive bids received. Wetland mapping in accordance with
the U. S. Army Corps of Engineers (USACE) Nationwide Permit 3
(NWP 3) was determined to be required during original
contracted scope for environmental permitting. Bidding support
services by design engineer will assist with technical responses
to request for information (RFI) received during the bidding
process, as necessary, and provide comment and evaluation of
received bid packages based upon consultant’s professional
experience and follow-up with bidder references.
Contract Information
Original Contract Amount $196,990
Previous Change Order(s) $0
8
Change Order Form Revision 12/08/2021
Page 2 of 2
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
$47,965
Final Contract Amount
(Including All Change
Orders)
$244,955
Revised Completion Date
Signature
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy “Change Orders And Add Services
Request” (page 30).
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City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation:
May 2022 1 Final Design, Permitting & Bidding
EXHIBIT A
SCOPE OF WORK
MAROON CREEK PIPELINE REHABILITATION – FINAL DESIGN,
PERMITTING & BIDDING
CITY OF ASPEN
Project Background
The City of Aspen (City) contracted Murraysmith in June 2020 to provide engineering design
services up to 90% design documents for the rehabilitation of approximately 7,200 lineal feet of
the Maroon Creek Pipeline, part of the City’s critical raw water supply infrastructure. Engineering
services are required to progress the pipeline rehabilitation design from 90% design documents
through conformed construction documents and support the City through the bidding process.
This scope outlines the additional services to the Maroon Creek Pipeline Rehabilitation
Professional Services Agreement, City of Aspen Contract No. 51149-2020, and has been separated
into two tasks for clarity that are described in detail below.
Scope of Services
Consultant will perform the following services.
Task 1 – Project Management and Coordination
1.1 Technical Presentations
Murraysmith will coordinate with the City’s project team members to deliver technical
presentations to City staff and other stakeholders regarding technical subject matter related to
design and critical discussion items and coordination points. The purpose of the technical
presentation is to engage in depth discussions regarding rehabilitation technologies and provide
a forum for City staff members to gather information that would be necessary for future meetings
with City Council and City residents.
1.2 Design Review Meetings
This task includes up to two meetings to discuss design progress and solicit feedback from the
City’s project team. Murraysmith will prepare a current set of design plans and meeting agenda
highlighting the discussion items for each meeting.
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City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation:
May 2022 2 Final Design, Permitting & Bidding
\\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek
Rehab - Final Design Services.docx
Task Deliverables
Monthly project invoices and progress reports
Meeting agendas and minutes
Assumptions
Meeting agendas will be delivered two business days prior to meetings.
Meeting minutes will be delivered within one week after meetings have been held.
Presentations and meetings may be held in person, virtually, or a combination thereof
depending on the City’s preference.
Task 2 – Cost Analysis and Phased Bid Documents
2.1 Cost Analysis
Murraysmith has prepared a cost analysis comparing the selected rehabilitation technology to the
alternative options of continued point repairs and allowing the waterline to age until total failure.
Elements of the cost analysis has been included and submitted to City staff.
2.2 Phase I Bid Documents – Access Point Installation
Murraysmith will prepare Phase I Bid Documents, to include the installation of several manholes
along Maroon Creek Pipeline that will allow adequate man access for pipeline repairs and
rehabilitation. Finalizing the location and number of access manholes will require coordination
with Pitkin County to limit the risk of potential traffic hazards within the roadway. The Phase I Bid
Documents will also include the installation of a new segment of waterline that crosses Maroon
Creek.
2.3 Phase II Bid Documents – Waterline Rehabilitation
Murraysmith will prepare Phase II Bid Documents, to include the installation of UV-cured in place
pipe (UV-CIPP) to rehabilitate approximately 7,000 linear feet of the Maroon Creek Pipeline, from
the headgate at Maroon Creek to a tee that divides flow between the City’s Water Treatment Plant
and the Maroon Creek Hydroelectric Plant.
Task Deliverables
Phase I Bid Documents, including plans and specifications
Phase II Bid Documents, including plans and specifications
Assumptions
Life Cycle Cost Analysis provided in 2021, no further documentation will be required.
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City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation:
May 2022 3 Final Design, Permitting & Bidding
\\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek
Rehab - Final Design Services.docx
Task 3 – Permitting and Environmental Services
Activities
3.1 USACE Section 404 Authorization
Under the guidance of the Murraysmith project team, SWCA will submit an authorization request
to the U.S. Army Corps of Engineers (USACE) Grand Junction Regulatory Office for Clean Water Act
Section 404 (Section 404) authorization for the rehabilitation of the Maroon Creek Pipeline. SWCA
will prepare a wetland delineation report documenting field delineations of wetland and non-
wetland waters at the pipeline crossing of Maroon Creek. SWCA will also prepare a pre-
construction notification (PCN) requesting authorization that the permit meets requirements of
Nationwide Permit (NWP) 3: Maintenance or NWP 58: Utility Line Activities for Water and Other
Substances. The PCN will include the cultural resources assessment report prepared under Task
3.2.
3.2 Cultural Resources Assessment and Report
Murraysmith will provide necessary oversight to SWCA in the preparation of a cultural resources
assessment report to document project compliance with NWP wetland and non-wetland water
impacts (Condition 20) associated with the pipeline crossing of Maroon Creek. The assessment will
include a desktop review and field survey methods to assess the pipeline crossing and a 50-foot
buffer of the impact area.
Task 3.2 may be delayed until the USACE determines that the cultural resources assessment is
necessary to complete the authorization process. However, due to the length of the review period,
this approach could delay the authorization issuance and therefore construction schedule. It is
recommended that Task 3.2 is delayed only if the City decides that the anticipated construction
schedule is not critical.
3.3 Pitkin County Floodplain Permitting
Murraysmith will prepare all documentation required for Pitkin County Floodplain Permit
Application, including Section 404 Permit documentation, a No-Rise Certificate, drainage and
erosion control plans, and mapping.
3.4 FERC Coordination and Memo
Murraysmith will prepare a memorandum for submittal to the Federal Energy and Regulatory
Commission (FERC) outlining the information gathered during the other activities under Task 3 in
pursuit of a Categorical Exclusion (CE) for the work performed under the National Environmental
Policy Act (NEPA).
12
City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation:
May 2022 4 Final Design, Permitting & Bidding
\\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek
Rehab - Final Design Services.docx
Task Deliverables
Wetland Delineation Report
Desktop assessment of federally listed threatened and endangered species
Cultural Resources Assessment and Report
Pitkin County Floodplain Permit Application
Memorandum to FERC
Assumptions
The Wetland Delineation Report will include a narrative description of methods and
results, detailed mapping, photographs, and wetland determination data forms.
USACE authorization will be received within 45 days, pending review and input by the
Colorado Office of Archaeology and Historic Preservation (OAHP).
This task does not include mitigation design or onsite meetings with USACE.
This task does not include coordination related to the preparation of an environmental
assessment or environmental impact statement. If FERC or USFW requires these submittals
for a categorical exclusion these services will be provided under a separate scope of work.
The Pitkin County Floodplain Permit will not require hydraulic or hydrologic modeling or
the submittal of a Conditional Letter of Map Revision (CLOMR).
Task 4 – Final Design and Bidding Support
Activities
4.1 Prebid Meeting
Murraysmith will organize a pre-bid meeting to provide prospective bidders with an open forum
to discuss questions and design considerations with the design team and City staff. This meeting
will be held at least one week after bid documents have been advertised and at least one week
prior to the deadline for bid submittals. Murraysmith will attend the prebid meeting in person and
will also provide accommodations for virtual attendees.
4.2 RFI Responses and Addenda
Murraysmith will document questions received via email and during the prebid meeting along with
any answers and relevant discussion and prepare a Request for Information (RFI) for distribution
to all attendees of the prebid meeting. RFI will be issued within one week of the meeting and
within one week of the deadline for questions. If design clarifications are required, Murraysmith
will prepare and issue addenda to the contract documents.
13
City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation:
May 2022 5 Final Design, Permitting & Bidding
\\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek
Rehab - Final Design Services.docx
4.3 Conformed Construction Documents
Murraysmith shall compile all addenda and issue a conformed set of construction documents,
including design plans and specifications, for issuance to the winning bidder as selected by the
City.
Task Deliverables
Prebid meeting agenda and sign-in list
RFIs and Addenda, as necessary
Conformed Construction Documents
Assumptions
The prebid meeting agenda will be delivered two business days prior to the meeting, and
meeting minutes will be delivered within one week after the prebid meeting.
RFI will be issued within one week of the meeting and within one week of the deadline for
questions.
Budget
Payment will be made at the Billing rates for personnel working directly on the project, which will
be made at the Consultant’s Hourly Rates, plus Direct Expenses incurred. Billing rates are as shown
in the Fee Estimate attached.
Direct Expenses
Expenses incurred in-house that are directly attributable to the project will be invoiced at actual
cost. These expenses include the following.
Computer Aided Design and Drafting $18.00/hour
GIS and Hydraulic Modeling $10.00/hour
Mileage Current IRS Rate
Postage and Delivery Services At Cost
Printing and Reproduction At Cost
Travel, Lodging and Subsistence At Cost
14
MAROON CREEK PIPELINE REHABILITATION - FINAL DESIGN, PERMITTING & BIDDING
CITY OF ASPEN
PROPOSED FEE ESTIMATE
LABOR CLASSIFICATION (HOURS)
Principal Engineer II
Principal Engineer
III
Professional
Engineer IV
Engineering
Designer III Hours Labor SWCA
Subconsultant
Multiplier
% Markup
Subconsultant Total
with Markup Expenses Total
Price O'Sullivan Walmsley Burrows
Task 1 - Project Management and Coordination
Task 1.1 - Technical Presentations 2 2 2 2 8 1,652$ 1.1 -$ -$ 1,652$
Task 1.2 - Design Review Meetings 2 3 3 8 1,483$ 1.1 -$ -$ 1,483$
Task 1 Subtotal 4 2 5 5 16 3,135$ -$ -$ -$ 3,135$
Task 2 - Cost Analysis and Phased Bid Documents
Task 2.1 - Cost Analysis 2 2 6 6 16 2,984$ 1.1 -$ -$ 2,984$
Task 2.2 - Phase I Bid Documents - Access Point Installation 2 2 4 4 12 2,318$ 1.1 -$ -$ 2,318$
Task 2.3 - Phase II Bid Documents - Waterline Rehabilitation 3 3 8 10 24 4,471$ 1.1 -$ -$ 4,471$
Task 2 Subtotal 7 7 18 20 52 9,773$ -$ -$ -$ 9,773$
Task 3 - Permitting and Environmental Services
Task 3.1 - USACE Section 404 Authorization 2 4 6 12 2,144$ 8,750$ 1.1 9,625$ -$ 11,769$
Task 3.2 - Cultural Resources Assessment and Report 2 4 8 14 2,472$ 7,965$ 1.1 8,762$ -$ 11,234$
Task 3.3 - Pitkin County Floodplain Permitting 1 4 8 13 2,230$ 1.1 -$ -$ 2,230$
Task 3.4 - FERC Coordination and Memo 2 8 8 18 3,148$ 1.1 -$ -$ 3,148$
Task 3 Subtotal 7 0 20 30 57 9,994$ 16,715$ 18,387$ -$ 28,381$
Task 4 - Bidding Support
Task 4.1 - Prebid Meeting 2 1 2 4 9 1,729$ 1.1 -$ -$ 1,729$
Task 4.2 - RFI Responses and Addenda 2 1 5 5 13 2,400$ 1.1 -$ 480$ 2,880$
Task 4.3 - Conformed Construction Documents 2 1 4 4 11 2,067$ 1.1 -$ -$ 2,067$
Task 4 Subtotal 6 3 11 13 33 6,196$ -$ -$ 480$ 6,676$
TOTAL - ALL TASKS 24 12 54 68 158 29,098$ 16,715$ 18,387$ 480$ 47,965$
Staff Name
Subconsultants
City of Aspen
May 2022
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MEMORANDUM
TO:Mayor and City Council
FROM:Erin Loughlin, P.E., Project Manager
THROUGH:Ryan Loebach, P.E., Senior Project Manager
Tyler Christoff, P.E., Utilities Director
MEMO DATE:October 17
th, 2022
MEETING DATE:October 25
th, 2022
RE:Resolution #116, Series of 2022 – As-needed emergency raw water pipeline repair
services contract approval for Elite Pipeline Services, Inc.
REQUEST OF COUNCIL:Staff requests Council approval of the as-needed emergency
raw water pipeline repair services contract. Staff recommends awarding this contract to
Elite Pipeline Services, Inc.
SUMMARY AND BACKGROUND: The Utility Department has historically required
emergency, as-needed contracting services to assist staff with emergency portable water
main repairs, electric cable faults, or raw water pipe repairs. These around-the-clock
services secured through an as-needed contract, are critical to the timely and safe
resolution to these operational failure situations.
During these emergencies, trained and licensed City staff require additional resources to
complete a timely repair. Additional expertise and equipment associated with utility
excavation, roadway repair, stormwater management and traffic control are a critical
addition to City crews. A quick, skillfully executed repair by staff and an on-call contractor
minimizes both the potential for contamination and the impact to the public.
DISCUSSION: The City proposes utilizing as-needed contract services to solve raw
water pipe emergencies to reduce risk, augment staff, and provide the most efficient and
timely settlement of an emergency as possible. This type of resolution ensures the highest
level of service to our customers and community.
The City staff evaluated the performance of Elite Pipeline Services, Inc., a concrete pipe
joint and pipe repair specialty company, in previous work and contracts. In making this
evaluation, key project staffing, training, specialty work experience, and general on-call
responsiveness were used to assess and recommend this vendor.
Elite Pipeline Services, Inc. has over 15 years’ experience with the City of Aspen raw
water system, as well as other municipal and utility infrastructure projects. Past
performance associated with these projects has proven Elite Pipeline Services, Inc. to be
16
a conscientious and consummate professional. Staff recommends that it is in the City’s
best interests to award the contract to this vendor.
FINANCIAL IMPACTS: Staff intends to use these as-needed contract services as the
need arises, over the course of a three-year contract duration. Based upon historical data,
staff anticipates between one to two repairs annually. Individual leak repair costs vary
depending upon the size, scope, and season. Staff have budgeted the following funding
based on previous emergency raw water repair costs, construction cost escalation, and
contingency.
Projected Expenditures
Anticipated Raw Water Pipe Joint Repairs (annual)$75,000.00
Contingency $5,000.00
Total Projected Annual Expenditures $80,000.00
Spending authority has already been approved by Council as part of the 2022 Budget,
within the Raw Water program of the Water Utility Fund operating budget and would be
applied towards this as-needed contract.
ENVIRONMENTAL IMPACTS: Elite Pipeline Services, Inc. has worked with City staff to
quickly, and safely, repair and return water infrastructure to service after a joint repair.
This quick and professional resolution minimizes water loss, potential damage to other
community assets, and impacts to the City’s raw water facilities and the nearby Maroon
Creek and Castle Creek.
ALTERNATIVES:If Council does not approve this contract, then City staff will continue
coordinating and scheduling emergency raw water repair services on short notice,
through emergency procurement procedures, and without the benefit of having a vendor
contractually on-call to mobilize within 48-hours. Without this three-year contract City staff
also may not have the ability to solicit competitive bids for repair services in an emergency
situation.
RECOMMENDATIONS:Staff requests Council approval for as-needed emergency raw
water pipe joint repair services contract. Staff recommends awarding this contract to Elite
Pipeline Services, Inc.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Exhibit A City of Aspen General Services Agreement for Project Number 2022-262
B. Resolution #116 of 2022
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RESOLUTION # 116
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ELITE PIPELINE SERVICES, INC. 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 general services
agreement for As-needed emergency pipeline repair services for the City’s raw
water pipe lines, between the City of Aspen and Elite Pipeline Services, Inc., a
true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the general
services agreement for As-needed emergency pipeline repair services for the
City’s raw water pipe lines, between the City of Aspen and Elite Pipeline Services,
Inc., a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25
th day of October 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, October 25
th, 2022.
Nicole Henning, City Clerk
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CITY OF ASPEN GENERAL SERVICES AGREEMENT
Project Number: 2022-262
THIS AGREEMENT made this 7th day of September, 2022, by and between the City of
Aspen ("City") and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
NAME: Elite Pipeline Services, Inc.
ADDRESS: 5220 Edgewater Drive, Allendale, MI 49401
CONTACT PERSON: Charlie Jonaitis
PHONE NUMBER: 616-726-8286
EMAIL: cjonaitis@elitepipeline.com
DESCRIPTION OF SERVICE
Elite Pipeline Services, Inc. shall respond to calls for emergency repair services for raw water
pipe joint repair, inspection, and testing services from the City of Aspen Water/Utilities
Department on an as-needed basis. Services needed for each call may vary depending on pipeline
size, scope, and season. Staff may require an immediate emergency response from an on-call
contractor with a mobilization time not exceeding 48 hours. Certificates of insurance will be
required for each project and bonds may be required.
On occasion, Elite Pipeline Services, Inc. will be required to operate City owned equipment. In
such event, Elite Pipeline Services, Inc. warrants and agrees that it will provide a qualified
operator for such equipment. Further, Elite Pipeline Services, Inc. acknowledges and agrees that
the indemnification set forth in paragraph 9 of the General Conditions, attached hereto as Exhibit
“A”, shall extend and apply to the use of the City’s equipment and acknowledges and agrees that
Elite Pipeline Services, Inc. will be responsible for any damage to the City’s equipment caused
by the negligence or willful misconduct of the employee of Elite Pipeline Services, Inc..
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DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
The contract will be for a period of three (3) years with two (2) one-year options to renew if both
parties are agreeable. The contract will begin September 2022. The City will allow an annual price
increase based on CPI for years two and three, and the renewals if exercised.
DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
The City will pay Elite Pipeline Services, Inc. an hourly rate based upon the rates provided for
specific services listed on Exhibit B.
The City does not guarantee a minimum dollar value per work order, per year or
throughout the contract period. The maximum dollar value per calendar year shall be
$80,000. Contract rates will be valid for all City departments.
AMENDMENTS TO GENERAL CONDITIONS
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A"
and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
City of Aspen: Contractor:
By: By:
Title: ________________________ Title: _________________________
Date: ________________________ Date: _________________________
Approved as to form:
_______________________________
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9/12/2022 | 5:30:12 AM MDT
Controller
Charlie Jonaitis
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City Attorney’s Office
General Conditions Special Conditions can be found on City of
Aspen Website.
https://www.cityofaspen.com/497/Purchasing
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EXHIBIT "A"
CITY OF ASPEN GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor") and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the
City's approval, a schedule for the performance of Contractor's services which shall be adjusted as
required. This schedule, when approved by the City, shall not, except for reasonable cause, be
altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices for
services performed. The City shall review such invoices and, if they are considered incorrect or
untimely, the City shall review the matter with Contractor within ten days from receipt of the
Contractor's billing. Contractor's invoice shall be for the period ending the last day of each month
and submitted to the City no later than the 5th day of each month.
3. Non-Assignability. Both parties recognize that this Service 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 Contractor of any of the
responsibilities or obligations under this Service Agreement. Contractor shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Contractor 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 subcontractor unless agreed to in writing
beforehand by the City.
4. Termination. The Contractor or the City may terminate this Service Agreement upon
thirty (30) days notice, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13,
14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may
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terminate the Service Agreement with ten (10) days prior notice to cure and failure by Contractor to
so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Contractor 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 Contractor, and the City may withhold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor may be determined.
5. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this Service Agreement, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gifts or any other consideration contingent upon or resulting from the award or making of
this Service Agreement.
6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor
shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials,
supplies, etc., as necessary for the proper conduct of the services to be provided in accordance with
the Service Agreement.
7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services
to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this Service Agreement shall result in, or be construed as
establishing an employment relationship. Contractor shall be, and shall perform as, an independent
contractor who agrees to use his or her best efforts to provide the said services on behalf of the City.
No agent, employee, or servant of Contractor 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 Service
Agreement. The manner and means of conducting the work are under the sole control of
Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for
its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the
performance of this Service Agreement. Contractor 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 Contractor and/or Contractor's employees engaged in the
performance of the services agreed to herein.
9. Indemnification. Supplier 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,
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error, professional error, mistake, negligence, or other fault of the Supplier, any subcontractor of the
Supplier, or any officer, employee, representative, or agent of the Supplier or of any subcontractor
of the Supplier, or which arises out of any workmen's compensation claim of any employee of the
Supplier or of any employee of any subcontractor of the Supplier. The Supplier agrees to
investigate, handle, respond to, and to provide defense for and defend against, any such liability,
claims or demands at the sole expense of the Supplier, or at the option of the City, agrees to pay the
City or reimburse the City for the defense costs incurred by the City in connection with, any such
liability, claims, or demands. If it is determined by the final judgment of a court of competent
jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or
other fault of the City, its officers, or its employees, the City shall reimburse the Supplier for the
portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or
employees.
10. Contractor's Insurance. (a) Contractor 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 Contractor pursuant to Section 9 above. Such insurance shall be in
addition to any other insurance requirements imposed by the Service Agreement or by law. The
Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 9 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) 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.
(c) 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.
(d) 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 Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of the services. The policy shall contain a severability of interests provision. If the
Contractor has no owned automobiles, the requirements of this Section shall be met by each
employee of the Contractor providing services to the City under this contract.
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(e) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Contractor shall procure and maintain, and
shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance
coverages referenced in the Service Agreement. All insurance coverages shall be procured and
maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor
pursuant to Section 9 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.
(f) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Contractor. No additional insured endorsement to the policies required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Contractor shall be solely responsible for any deductible losses under any policy required above.
(g) The certificate of insurance provided by the City shall be completed by the Contractor's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement 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.
(h) Failure on the part of the Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of Service
Agreement upon which City may terminate the Service Agreement as provided by Section 4 above,
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 Contractor to City upon demand, or City may offset the cost of the premiums
against monies due to Contractor from City.
(i) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(j) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this Service Agreement, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protection 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.
11. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Contractor for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
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City shall provide Contractor reasonable notice of any changes in its membership or participation in
CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Service Agreement.
13. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Contractor certifies, by acceptance of the Service 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 vendor
or any lower tier participant was unable to certify to this statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure this Service Agreement 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 Contractor for the purpose of securing business.
Contractor agrees not to give any employee or former 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 Service Agreement, or to any solicitation
or proposal therefor.
Contractor represents that no official, officer, employee or representative of the City during
the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in the Service Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of the Service Agreement.
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 the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor, vendor, or sub-
contractor under City contracts;
3. Deduct from the Service Agreement price or consideration, or otherwise recover, the
value of anything transferred or received by the Contractor; and
4. Recover such value from the offending parties.
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15. Termination for Default or for Convenience of City. The services contemplated by the
Service 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.
16. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, the Service Agreement shall be contingent upon the availability of those funds
for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service 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.
18. Notices. Any written notices as called for herein may be hand delivered or mailed by
certified mail, return receipt requested to the respective person or address listed for the Contractor
in the Service Agreement.
19. Non-Discrimination; penalty. 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
Service Agreement. Contractor agrees to meet all of the requirements of City's municipal code,
Section 15.04.570, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained
herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen
Procurement Code, Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses and
permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons
engaged in business within the City limits.
22. 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 the Service Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Contractor to which the same may apply and, until
complete performance by Contractor of said term, covenant or condition, the City shall be entitled
to invoke any remedy available to it under the Service Agreement or by law despite any such
forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be binding upon
all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be
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binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly
authorized official in his or her absence).
24. 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:
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:
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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.
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.
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25. General Terms.
(a) It is agreed that neither the Service 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 the Service 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) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
26. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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MEMORANDUM
TO:Mayor and City Council
FROM: Jerry Nye, Superintendent of Streets
THROUGH: Tyler Christoff, Assistant Public Works Director
Scott Miller, Public Works Director
MEETING DATE:October 25th, 2022
RE:Resolution #119 Series 2022 Procurement of Two Western Star
Sand/Plow Trucks for the Streets Department
REQUEST OF COUNCIL: Staff recommends approval of the contract resolution #119
series 2022, for the fleet replacement of two International Sand/Plow Trucks for the
Streets Department
SUMMARY AND BACKGROUND: The Street Department uses Sand/Plow trucks to
apply sand and deicer while clearing snow from City roadways. These trucks are a vital
part to our snow removal process. This purchase is based off a state award process.
These Trucks are on a 10-year replacement cycle, and they are now 11 years old and in
need of being replaced.
DISCUSSION: The Street Department is currently using two International Sand/Plow
trucks. These Two sand trucks are part of the 2022 Fleet replacement. These are
proposed to be replaced by two 2023 Western Star trucks equipped with a V body
stainless steel bed. These trucks will have side mounted sanders and will have 11-foot
snowplows. These Trucks are our best means of plowing and sanding the City Streets
to provide safe road conditions for vehicles and bus traffic within the City Limits. In the
summer months these trucks are also utilized for hauling hot asphalt material for our
street asphalt patching. These trucks will be equipped with side discharge for the
material, this allows for asphalt to be dispersed in small quantities for patching. The new
trucks will be put on a 10-year replacement cycle and will be evaluate at that time for
new replacement.
FINANCIAL IMPACTS: The 2022 Fleet Management plan budgeted $370,000 for the
replacement of two International Sand/Plow trucks with trade. The trade in cost will vary
due to supply chain shortages and timing of vehicles being delivered. Fleet staff propose
utilizing savings created during the procurement of 2022 Tymco street sweeper to cover
the anticipated funding shortage. Additionally, a supplemental request for the fall has
been submitted to cover the remaining $144,000 that is not appropriated. Proposed
funding and expenditures are outlined below:
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Proposed Funding:
2022 Fleet Funding $370,000
Anticipated Trade-in and Fleet Savings $132,000
2022 Fall Supplemental Request $144,000
Total $646,000
Proposed Expenditures:
Two Western Star DVS with Plow $646,000
Total $646,000
ENVIRONMENTAL IMPACTS: These Trucks come with a tier 4F compliant, meeting all
the current diesel emission regulations. It will include a diesel particulate filter, crank case
ventilation filter, and exhaust gas recirculation valve which helps lower greenhouse gas
emissions.
RECOMMENDATIONS:Staff recommends approval of contract Resolution #119 for the
purchase of Two Western Star DVS Plow/Sand trucks for the Streets Department.
CITY MANAGER COMMENTS:
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RESOLUTION #119
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND OJ Watson Equipment AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for, (2)
Western Star plow/sand trucks with plow between the City of Aspen and OJ
Watson Equipment, a true and accurate copy of which is attached hereto as Exhibit
“A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for, (2) Western Star plow/sand trucks with plow between the City of Aspen and
OJ Watson Equipment 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 25
th day of October 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, October 25th, 2022.
Nicole Henning, City Clerk
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Amy Simon, Planning Director
MEMO DATE: October 10, 2022
MEETING DATE: October 25, 2022
RE: Notice of Call Up, HPC approval for 132 W. Hopkins- Conceptual Major
Development, Relocation and Variations
APPLICANT /OWNER:
Michael R. Berghoff Trust & Kristian
Berghoff Trust
REPRESENTATIVE:
Gretchen Greenwood
LOCATION:
Street Address:
132 W. Hopkins
Legal Description:
Lot 2, 134 and 134 ½ W Hopkins
historic landmark lot split, according
to the plat thereof recorded May 4,
2004, in plat book 69 at page 6 as
reception no. 497137 City and
Townsite of Aspen, Colorado
Parcel Identification Number:
PID# 2735-124-19-002
CURRENT ZONING & USE
R-6 (Moderate-Density Residential);
Single-family home
PROPOSED ZONING & USE:
No change
PROCESS SUMMARY: Certain land use approvals granted by HPC
or P&Z require that Council be notified of the decision through a
brief staff summary. The notification is not a public hearing and
no applicant presentation or public comment has been accepted
in the past. During the Call Up Notice, City Council may uphold
the HPC or P&Z decision. Alternatively, Council may request
more detailed information be provided through a presentation by
staff and the applicant at a future meeting. After hearing the
additional project description, Council may uphold the boards’
decision or may remand it to require reconsideration of specific
issues at a new public hearing. HPC’s or P&Z’s decision on
remand shall be final.
BACKGROUND: 132 W. Hopkins is a landmark designated
property containing a Victorian miner’s cottage. The resource
was moved to its current site and expanded in the 80s. HPC
recently reviewed a proposal to demolish the thirty year old
addition, place the house on a basement, and expand with new
construction. Restoration of altered original features is also
planned.
Site Locator Map – 132 W Hopkins
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2
STAFF RECOMMENDATION: HPC first reviewed this project on December 8, 2021 and continued it for
restudy of the height of the addition, proposed fenestration, and for the architect to address questions
about the requested variations. On March 9, 2022, after a restudy was submitted, HPC granted Conceptual
Major Development, Relocation, Setback Variations and a Floor Area Bonus for a new addition and
restoration of the subject historic resource, all found to be in compliance with current design guidelines.
The subject site is one-half of a historic landmark lot split approved some years ago. The related lot to the
west also contains a relocated historic resource. The two sites share the floor area that could otherwise
have been developed as a single structure. The existing development at 132 W. Hopkins is 1,596 square
feet of floor area. The approved project is 1,820 square feet, including an 116.4 square foot floor area
bonus.
Setback variations were allowed to assist in pushing the new construction as far to the rear of the historic
structure as possible. The addition encroaches into the rear setback, and into the west sideyard. The lot
is somewhat irregularly shaped due to the lot split being approved after the existing homes were placed
on the site.
The approval was unanimous, 4-0, was supported by staff, and had typical conditions of approval requiring
continued investigation of historic conditions during construction, when more original fabric is exposed to
view. Staff recommends Council uphold HPC’s decision.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: N/A
RECOMMENDATION:
Staff recommends Council uphold HPC’s decision.
Alternative Motion for Call-up
“I move to call-up HPC’s approval for 132 W. Hopkins- Conceptual Major Development, Relocation and
Variations.”
.
CITY MANAGER COMMENTS:
___________________________________________________________________________________
___________________________________________________________________________________
_______________________________________________________________________.
EXHIBITS:
A – HPC memo, March 9, 2022
B – HPC approved drawings
C – HPC meeting minutes, March 9, 2022
D – HPC resolution
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