HomeMy WebLinkAboutresolution.council.149-22RESOLUTION #149
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY (CORE)
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, the City of Aspen has set science -based targets for the
reduction of greenhouse gas emissions by 63% by 2030 and 100% by 2050;
WHEREAS, buildings account for 57% of the community's emissions by
sector;
WHEREAS, in April 2022, City Council passed Building IQ, a policy and
program that specifically addresses emissions from the building sector by coupling
benchmarking and a building performance standard into one program;
WHEREAS, for Building IQ to be successful, the City commits to providing
support to program participants in the form of technical assistance, education, and
benchmarking assistance;
WHEREAS, the Community Office for Resource Efficiency (CORE) has
been a technical and educational resource for the community for decades,
providing support to property owners and residents to increase building efficiency
and reduce emissions;
WHEREAS, CORE is the selected vendor to provide these resources to the
community in support of Building IQ;
WHEREAS, there has been submitted to the City Council a contract for,
between the City of Aspen and CORE, 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
professional services between the City of Aspen and CORE, 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 13' day of December 2022.
70MK---
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, December 13, 2022.
Nicole Henning, ty Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2022-325
AGREEMENT made this 6 h day of December, in the year 2022.
BETWEEN the City:
The City of Aspen
c/o Tessa Schreiner
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5104
And the Professional:
Community Office for Resource Efficiency
(CORE)
c/o Dallas Blaney, CEO
970-901-2951
For the Following Project:
CORE Fee for Service — Community Programs
Contract Amount:
Total: $400,000
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.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
City Council Approval:
Date: December 13, 2022
Resolution No.: 149
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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. Conyietion. 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 31, 2023. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent ofthe 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. lermination 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
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use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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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 shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
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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 AgMement. 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
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
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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 A ement by Ci . 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:
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
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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.
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.
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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 Aizainst 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. 1-and Ajailabi1ity. 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.
(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.
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(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 Si natures 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 Assi ns. 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 Presimptian. 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
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, Ineli ig bility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
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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.
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 ZADLORADO:
75N
a�'a G. (9{(-
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[Signature]
Sara G. Ott
By:
[Name]
Title: City Manager
Date: 12/15/2022 1 2:38:38 PM PST
Approve as to Form:
�DocuSigned by:
,,auMt,S
City Attorney
PROFESSIONAL:
DoruSignod by: t�s 1—
D8E1A1F84D42400... [Signature]
By: Dallas Blaney
[Name]
Title: CEO
Date:11/30/2022 1 11:15:04 AM MST
General Conditions and Special Cundi Lions can be found oii Ci Ly
of Aspen Website.
Purchasing I Aspen, CO
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Exhibit A
go Smart energy. Less carbon. More living.
129 Emma Rd, Unit B
Basalt, CO 81621
PROJECT DESCRIPTION
SOW -2023- Building IQ Implementation
The City of Aspen Climate Action Office and CORE staff work closely together to implement the
Building 1Q program. This is a detailed Scope of Work for that implementation.
SeI i�c4c� i~+�r�t�a'i��eu may:
December 7, 2022 Community Office for Resource
Efficiency (CORE)
129 Emma Rd, Unit B
Basalt, CO 81621
arc r~,ixformed Fc
City of Aspen, Climate Action Office
427 Rio Grande Place,
Aspen, CO 81611
OUR BID
CORE proposes a $400,000 fee for service delivery model as outlined in the project
description below for the period of January 1, 2023 — December 31, 2023.
SERVICE FEE STRUCTURE
Building IQ (Data $256,000
collection/entry/analysis/reporting/quality
assurance), energy assessments, project
management, resource hub, reporting, BPS
stakeholder.
Outreach, Engagement, Advising, $100,000
Planning, and Consulting
Indirect Administration $44,000
Total: $400,000
This Statement of Work (SOW) is issued as an agreement between the City of Aspen,
Climate Action Office ("Client") and Community Office for Resource Efficiency (CORE)
(`Contractor"), effective January 1, 2023 (the "Agreement"). This SOW is subject to the
DocuSign Envelope ID: 8CEA9E85-DACO-47OB-8732-3725A3A8CE5C
terms and conditions contained between the parties and is made a part thereof. In the
event of any conflict or inconsistency between the terms of this SOW shall govern and
prevail.
This SOW # — -2023- (hereinafter called the "SOW'), effective as of January 1, 2023,
is entered into by and between Contractor and Client, and is subject to the terms and
conditions specified below.
The Services shall commence on January 1, 2023 and shall continue through December
31, 2023.
Summary
Building IQ is a City of Aspen program that helps commercial and multi -family buildings save energy
in a community -wide effort to keep our city, and our planet, healthy and thriving. Through Building IQ,
Aspen is joining thousands of cities worldwide that are working on innovative policies to reduce
building energy use through benchmarking and building performance standards policies.
On April 12, 2022, the City of Aspen passed Ordinance No. 05. This ordinance requires certain
property owners to address existing building performance standards through energy and water
benchmarking and a building performance standard. This ordinance will reduce greenhouse gas
emissions from required buildings, furthering the City of Aspen's climate action goal of zero
greenhouse gas emissions by 2050.
CORE will lead implementation of the 2023 Building IQ program with direction from the City
of Aspen.
Buildings will include all covered City properties, and non -City properties 15,000 square feet
and over. Related timelines are detailed below.
Sector Property Properties
Property
Initial Calendar
Date that
first notice of
owners/manag
Reporting year of
property
upcoming
ers collect
Date utility
benchmarki
benchmarking
property
data to
ng
due date
information
report in
information
and utility data
the first
is included
benchm
in annual
arking
aggregated
year
community
benchmarki
ng report
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All covered N/A
Covered City
City properties
Properties
Covered Covered
Non -City Commerci
Properties al
properties
z 20k sq.
ft.
November June 30,
2021- 2022
February 2022
2021
June 1, 2022 June 1, 2022 - December 2021
November 1, 2022
2022
Covered January 1,
Commerci 2023
al
properties
z 15k sq. ft.
January 1, June 1,
2023 - June 2023
2023
2022
September
30, 2022
January 30,
2023
September 1,
2023
Building IQ Implementation (Data collection/entry/analysis/reporting/quality assurance),
energy assessments, project management, resource hub, reporting, BPS stakeholder.
• Data
o Creating covered buildings lists
■ Finalize for 2023
• January 2023
■ Create for 2025
• December 2023
o Creating and updating individual building profiles
■ Create profile for each building
• February 2023
■ Update each profile
• Contacts
• Engagement, compliance
• Timeline: Ongoing
■ Utility data collection from buildings
• Initial site visit to identify utility meters
o February 2023
• Create and send utility release forms
o March 2023
• Collect utility release forms
o April 2023
• Data quality checks
o August 2023
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■ Building information (sq. ft., uses, mechanical systems, improvement
opportunities, EUI, PM score)
■ June 2023
■ Portfolio Manager (PM)
■ Create PM accounts and enter data and submit to the City
0 15,000-19,999 sq ft non -City properties
■ June 2023
0 20,000+ sq. ft. non -City properties updated benchmark
x June 1, 2023
o City properties updated benchmark
■ June 1, 2023
■ Building Owner Scorecard
EUI, PM score, current conditions, and opportunities for
improvements.
o June 1, 2023
o Overall BIQ Program
■ Annual program report.
2022 report due Jan 30, 2023
2023 report September 2023
■ Create automated portal or report for the City of Aspen to access
showing program and compliance tracking at macro and individual -
building level.
■ April 2023
■ Analyze EUIs from 2022 buildings to be valuable for Building
Performance Standards (BPS) and future year Building IQ
implementation.
January 2023
Building Performance Standards (BPS)
o Stakeholder
■ CORE to actively work behind the scenes through the "spider web"
approach of CORE gathering info/input from several key source outside
of BPS stakeholder and then reporting it as proxy as stakeholder.
• CORE will work with APCHA, EOC, and others
• Timeline: Ongoing
o Workforce Capacity
■ CORE will collaborate with the City of Aspen to analyze and build
workforce capacity for buildings to implement BPS in future years.
+ Timeline: Ongoing
Outreach, Engagement, Planning, Advising and Consulting
These services provide an array of outreach and engagement components for
implementing Building IQ. These services include the following.
Resource Hub
o Phone calls
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o Passive resources, including website
o Will grow with each benchmarking phase, and with BPS
o Timeline: Ongoing
• Outreach
o Gathering and updating contact info beyond limited info on Assessor's
o Notifying buildings
■ You are in program, these are your requirements
• COA sends first letter to address on record, then CORE takes
lead with appropriate contacts
o February 2023
■ Reminders of requirements, upcoming deadlines
• Timeline: Ongoing
■ Automated, trackable
Indirect Administration
These services represent CORE's general business operations and overhead outside of a
specific project or program, including finance and accounting, human resources, facilities
and infrastructure, rent, utilities and executive/strategic leadership. This cost does not
exceed 11 % of the total requested amount.
oe Iv -rable matt:, Iril�
Pro'ect Timeline and Reporting
Activities to be performed and reported on quarterly for each quarter.
Submit quarterly report detailing progress or completion for the deliverables and
timelines detailed above
o By 15 days into the next quarter
Year -End Report
• Evaluation of overall program, and recommendations for the next year
o By 30 days into the next year
Responsi b1 [ltl Pr
CORE will ensure:
• Coordination of strategic and operational guidance and program implementation in
alignment with City of Aspen Climate Action Office's climate action goals,
regulatory and funding requirements.
• Proactive, open, transparent, and solution -focused communication and
coordination with City of Aspen Climate Action Office staff and collaborative
partners.
• Exploration, evaluation, and recommendations for pursuing strategic
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opportunities that optimize the advancement of City of Aspen's Climate Action
goals.
Actively engaged in Continuous Quality Improvement to facilitate an iterative data -
driven program implementation process.
Client Responsibilities
City of Aspen Climate Action Office will:
• Timely follow up on requests for information, assistance or approvals.
• Open, transparent and solution -focused engagement in both verbal and written
communications.
• Actively engaged in Continuous Quality Improvement to facilitate an iterative data -
driven program implementation process.
Fee Schedule
Basalt, CO 81621 Ryland French N/A
The fee schedule can be viewed in Exhibit B.
Invoice Procedures
CORE requests pre -payment of $300,000 (75%) for proposed services to facilitate timely
and responsive execution. Quarterly Reports will be provided by the 15th of the month
following the end of each quarter, based on the project timeline and detailed report
information outlined below. An invoice of $100,000 (25%) will be submitted with the third
(3rd) quarter report.
Completion Criteria
Contractor shall have fulfilled its obligations when any one of the following first occurs:
Contractor accomplishes the Contractor activities described within this SOW, including
delivery to Client of the materials listed in the Section cntitled "Deliverable Materials,"
and Client accepts such activities and materials without unreasonable objections. No
response from Client within 2-business days of deliverables being delivered by
Contractor is deemed acceptance.
DocuSign Envelope ID: 8CEA9E85-DACO-47OB-8732-3725A3A8CE5C
Contacts
is
Dallas Blaney - CEO
Ryland French - Senior Director of Regional Climate Strategy
Project Change Control (PCR) Procedure
The following process will be followed if a change to this SOW is required:
• A Project Change Request will be submitted in writing. The PCR must describe the
change, the rationale for the change, and the effect the change will have on the
project.
• Both Project Managers will review the proposed change and approve it or reject it.
Contractor and Client will mutually agree upon any charges in writing and an
amendment to the initial contract will be implemented and signed by the Contractor
and Client. Contractor will invoice Client for any such charges.
s A written Change Authorization and/or PCR must be signed by both parties to
authorize implementation of the investigated changes.
DocuSign Envelope ID: 8CEA9E85-DACO-47OB-8732-3725A3A8CE5C
Exhibit B
go Smart energy. Less carbon. More living.
129 Emma Rd, Unit B
Basalt, CO 81621
FEE SCHEDULE
SOW -2023- Building IQ Implementation
The City of Aspen Climate Action Office and CORE staff work closely together to implement the
Building IQ program. This is the fee schedule for this implementation.
Ser►!iceg Perforrmert (tif' Cer-irsrps P-rfnrrrr-0 Fnr-
December 7, 2022 Community Office for Resource City of Aspen, Climate Action Office
Efficiency (CORE)
129 Emma Rd, Unit B 427 Rio Grande Place,
Basalt, CO 81621 Aspen, CO 81611
OUR BID
CORE proposes a $400,000 service delivery model as outlined in the project description
below for the period of January 1, 2023 — December 31, 2023.
SERVICE FEE STRUCTURE
SERVICE FEE STRUCTURE
Building IQ (Data
collection/entry/analysis/reporting/quality
assurance), energy assessments, project
management, resource hub, reporting, BPS
stakeholder.
Outreach, Engagement, Advising,
Planning, and Consulting
Indirect Administration
Total:
$4009000
Stnlemenl of Work for Cilp of ASpen, Cliniale Action Office
$2569000
$100,000
$449000
DocuSign Envelope ID: 8CEA9E85-DACO-47OB-8732-3725A3A8CE5C
Basalt, CO 81621 Ryland French I N/A
Invoice ProcedurP-
CORE requests pre -payment of $300,000 (75%) for proposed services to facilitate timely
and responsive execution. Quarterly Reports will be provided by the 15th of the month
following the end of each quarter. An invoice of $100,000 (25%) will be submitted with
the third (3rd) quarter report.
Please mail to:
Community Office for Resource Efficiency
PO Box 2449
Basalt, CO 81621
,13
ACH information for Alpine Bank:
Community Office for Resource Efficiency
Routing 102103407
Account # 8911163395
Statement of Work for City of Aspen, Climate Action Office