HomeMy WebLinkAboutagenda.council.regular.20230509AGENDA
CITY COUNCIL REGULAR
MEETING
May 9, 2023
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IIIA.Arbor Day Proclamation
IIIB.Month of the Young Child Proclamation
IV.Citizens Comments & Petitions
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Arbor_Day_Proclamation_2023.doc
City Proclamation 2023.doc
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V.Special Orders of the Day
VI.Consent Calendar
VIA.Resolution #049, Series of 2023 - APCHA Spring Supplemental Adjustment
VIB.Resolution #065, Series of 2023 - Mondo Flooring Replacement for Aspen Ice
Garden
VIC.Resolution #066, Series of 2023 - Water Place Roof Replacements
VID.Resolution #070, Series of 2023 - Fluxx Services, Inc Contract Change Order
VIE.Resolution #071, Series of 2023 - Truscott Stair Replacement
VIF.
Resolution #072, Series 2023 - Hallam and Garmisch Stormpipe and Watermain
Replacement Project Construction Inspections Contract
(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
(These matters may be adopted together by a single motion)
Spring Supplemental APCHA Funds - Memo and Exhibits.pdf
Resolution No. 49 - Spring Supplemental APCHA Funds.pdf
Mondo_Floor_Replacement_Contract_Memo.docx
Resolution__065_Series_2023.doc
2023-187_Professional_Services_Mondo_Flooring.docx.pdf
51534_Water_Place_Roof_Replacements_-_3G_Construction_-
_Council_Memo.docx
Resolution.council.066.23.docx
Exhibit A - 2023-150_3G_Construction_Professional_Services_Agreement.pdf
2023.5.9_Fluxx Change Order.docx
Attachment C_Resolution No. 070_Series of 2023.docx
Attachment A_Original Fluxx Services Inc Contract.pdf
Attachment B_Contact Change Order.docx
51617_Truscott_Stair_Replacement_-_NICX_-_Council_Memo.docx
Resolution.council.071.23.docx
Exhibit 1- 2023-149 CONTRACT FOR CONSTRUCTION (short)-2022 -
NICX.doc.pdf
Exhibit A - NICX CONSTRUCTION TRUSCOTT STAIR REPLACEMENT
PROPOSAL.pdf
6.4 City of Aspen- Basic Requirements.docx.pdf
Hallam_and_Garmisch_Construction_Inspection_Memo_Resolution_072_2023.docx
Resolution #072 2023.doc
EXHIBIT A _ PVCMI CONTRACT - Professional_Services_Agreement-2023-
169_vendor.docx.pdf
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VIG.Resolution #074, Series of 2023 - Lewis Ice Arena Roof Repair
VIH.Draft Minutes of March 20th & 28th
VII.Notice of Call-Up
VIII.First Reading of Ordinances
IX.Public Hearings
IXA.Ordinance #09, Series of 2023 - Adding Short Term Rental Tax to Municipal Code
IXB.Ordinance #07, Series of 2023 - Spring Supplemental Budget Request
X.Action Items
XI.Executive Session
Council Memo LIA Roof Repair_2023-05-01A_reso 2023-074.docx
2023-05-01_Resolution_2023-074_Lewis Ice Arena Roof Repair.doc
Exhibit A_2023-140_LIA Roof Contract for Construction-Roofmasters.doc.pdf
2023-140 LIA_Contract Attachment_Roofmasters Proposal_complete.pdf
cc.min.032023.docx
cc.min.032823.docx
Memo_-_STR_Tax_Updates_to_Municipal_Code - 2nd.docx
Ordinance_Adding_Chapter_23.54_-_Short_Term_Rental_Tax - 2nd.docx
2023 Spring Supplemental Memo and Exhibits - 2nd Reading.pdf
2023 Spring Ordinance No. 7 - Second Reading.pdf
Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer,
or sale of any real, personal, or other property interest; (4)(b) Conferences with an
attorney for the local public body for the purposes of receiving legal advice on
specific legal questions; (4)(e) Determining positions relative to matters that may
be subject to negotiations; developing strategy for negotiations; and instructing
negotiators.
The specific items of discussion involve the following:
Ongoing Litigation:
The Centennial Owners’ Association, v. The City of Aspen, et al . Case No.:
2015CV030158 and Case No.: 2017CA2099; and
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XII.Adjournment
Forest Lookout II LLC and Aspen Forest 8 th Street LLC v City of Aspen and Aspen
City Council, Case No.: 2022 CV 030009/DR 24F16, LLC v City of Aspen, Case No.:
2021CA001306 / 2021CV030022
Property Acquisition
The lease, transfer or acquisition of real property or property interests, contract
negotiations, and communication with counsel regarding such subjects. Due to
market forces, negotiation strategies and confidentiality demands of parties
involved, and necessitated by the subject of the specific legal advice, which further
disclosure would be a detriment to the City’s strategic position, the exact
properties cannot be disclosed.
Legal Advice regarding the 1994 Settlement Agreement in Centennial-Aspen II
Limited Partnership, United States District Court Civil Action No. 92-B-2570.
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PROCLAMATION
City of Aspen, Colorado
Incorporated 1881
WHEREAS,In 1872, J. Sterling Morton proposed to the Nebraska Board
of Agriculture that a special day be set aside for the
planting of trees; and
WHEREAS, This holiday called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska and is
now observed throughout the nation and the world; and
WHEREAS, Trees reduce the erosion of our precious topsoil, cut heating
and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlife; and
WHEREAS, Trees are a renewable resource giving us paper, wood for
our homes, fuel for our fires, and countless other products;
and
WHEREAS,Trees in our city increase property values, enhance the
economic vitality of business areas, beautify our
community, and are a source of joy and spiritual renewal;
and
WHEREAS, The City of Aspen has been recognized as a Tree City USA
by the National Arbor Day Foundation; and
NOW THEREFORE LET IT BE RESOLVED, that the Mayor, City Council, and
the citizens of Aspen hereby proclaim May 20st, 2023 as
ARBOR DAY
In the City of Aspen, and we urge all citizens to support effort to care for our
trees and woodlands, and to support our city’s community forestry program for
this and future generations.
Attest:________________________By order of the City Council
Nicole Henning, City Clerk this 9th day of May 2023
____________________________
Mayor Torre
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PROCLAMATION
City of Aspen, Colorado
WHEREAS, Kids First Early Childhood Resource Center and Pitkin County child
care providers, are celebrating the Month of the Young Child in May; and
WHEREAS, by raising awareness about the value of high-quality early childhood
programs available for all children and families in our community, and
WHEREAS, The City of Aspen thrives when our kids thrive because they are our
future workforce, leaders and community members. We all have a role to play in
preparing our kids for the future, and
WHEREAS building a healthy human brain is a process that begins before birth
and continues into adulthood. A strong foundation early on increases the
probability that a child will be socially and emotionally healthy, as well as
physically healthy, and
WHEREAS, given the appropriate learning opportunities that high quality early
childhood programs provide, children acquire language, mathematical, social,
emotional, artistic and physical skill development that strengthens the foundation
for success in life embraced by the Aspen idea of mind, body and spirit.
NOW, THEREFORE BE IT PROCLAIMED, that the Aspen City Council and
citizens of Aspen join the National Association for the Education of Young
Children in proclaiming May 2023 as the
Month of the Young Child
We extend our heartfelt thanks and appreciation to all those who work so hard to
care for and educate our youngest citizens, and we commend these efforts and
encourage community involvement of all citizens to recognize and support the
needs of young children.
Dated the 9th day of May 2023
_________________________________________
City of Aspen Mayor City Clerk
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MEMORANDUM
TO: City Council
FROM: Matt Grau, Budget Manager
THRU: Pete Strecker, Finance Director & Sara Ott, City Manager
MEETING DATE: May 9, 2023
RE: Resolution No. 49 - 2023 Spring Supplemental for APCHA Funds
Request of Council: Staff is requesting Council consideration of needed budget adjustments to the 620
Housing Administration Fund (APCHA), the 622 Smuggler Housing Fund, and the 632 APCHA
Development Fund. The total supplemental request for these funds is an increase of $672,490.
Background: The APCHA board adjusts the year’s original spending plan periodically, and per the City’s
intergovernmental agreement Council must review and approve of these modifications.
Discussion: $372,490 is to formally re-authorize 2022 budget authority in 2023 to complete these
approved operational and capital projects in 2023. The details of these projects are on Exhibit B of this
supplemental funding packet.
Next is for authority of up to but not to exceed $300,000 for the purchase an affordable housing unit 213
Woody Creek. This was reviewed and approved by APCHA board in resolution No. 3 on April 5, 2023.
This unit is anticipated to be sold in 2023 to Clayton Homes who will refurbish or rebuild the deed
restricted affordable housing unit. Once the affordable housing unit is ready for re-sale, APCHA will
facilitate the sale from Clayton Homes to a qualified employee and Clayton Homes will be made whole
for the construction costs.
Recommendations: Staff recommends approval of the revised spending plan, allowing for appropriation
approval of previously authorized projects and technical adjustments (Exhibit A-D).
City Manager Comments:
2023 Resolution No. 49 - APCHA - Page 1 7
2023 APPROPRIATIONS BY FUNDExhibit AProjected Opening Balance2023 Adopted Revenue2023 Spring Supplemental Revenue2023 Amended Revenue Budget2023 Adopted Expense2023 Spring Supplemental2023 Amended Expense Budget2023 Ending BalanceTrust Fiduciary FundsHousing Administration Fund$999,709$3,256,670 $0 $3,256,670 $3,189,880 $355,960 $3,545,840$710,539Smuggler Housing Fund$451,107$75,080$0 $75,080 $77,950 $16,530 $94,480$431,707APCHA Development Fund$1,284,084$12,000 $300,000 $312,000 $10,000 $300,000 $310,000$1,286,084Total Trust and Agency Funds$2,734,900$3,343,750 $300,000 $3,643,750 $3,277,830 $672,490 $3,950,320$2,428,3302023 Resolution No. 49 - APCHA - Page 2 8
Exhibit B ‐ Ops and Capital Carry Forwards
Project Title Project Description Amount
50744 HomeTrek ‐ Capital Maintenance The HomeTrek project is substantially complete. The remaining funds are to
finalize functionality and enhancements to the customer interface including
adding the affordable rental units. As well as fund additional system
maintenance and project close out items.
The HomeTrek is a system and database to track and manage the entire 3,000
unit deed restricted workforce housing inventory. HomeTrek is a process
improvement that automates internal functions that was previously performed
on paper and in Excel. This system provides APCHA’s customers the ability to
interact with APCHA in an online environment.
$347,000
PC and Workstation Replacement
Carryforward (100%)
Annual carry forward for PC and workstation replacement costs.$8,960
620 ‐ Housing Administration Fund Total $355,960
Re‐authorize 2022 funding in 2023 50703 Smuggler ‐ Common Area water heater replacement $7,000
Re‐authorize 2022 funding in 2023 50701 Smuggler ‐ Carpet & Vinyl Replacement $4,600
Re‐authorize 2022 funding in 2023 50699 Smuggler ‐ Appliance Replacement $3,230
Re‐authorize 2022 funding in 2023 50700 Smuggler ‐ Individual hot water heater replacement $1,700
622 ‐ Smuggler Housing Fund Total $16,530
Total Ops and Capital Carry Forward:$372,490
OPS AND CAPITAL PROJECT CARRY FORWARDS
2023 Resolution No. 49 - APCHA - Page 3 9
Exhibit C ‐ Technical Adjustments
Department/Description Operating
Purchase of 213 Woody Creek Affordable Housing Unit: Approved on April 5, 2023,
APCHA Resolution No.3, approved funding up to but not to exceed $300,000 for the
purchase of an affordable housing unit 213 Woody Creek. This unit is anticipated to be
sold in 2023 to Clayton Homes who will refurbish or rebuild the deed restricted
affordable housing unit.
Once the affordable housing unit is ready for re‐sale, APCHA will facilitate the sale from
Clayton Homes to a qualified employee and Clayton Homes will be made whole for the
construction costs.
$300,000
632 ‐ APCHA Development Fund:$300,000
Total Technical Adjustments ‐ Operating / Transfers:$300,000
TECHNICAL ADJUSTMENTS
2023 Resolution No. 49 - APCHA - Page 4 10
Exhibit D ‐ Revenue
Department/Description New Revenue
Purchase of 213 Woody Creek Affordable Housing Unit: Approved on April 5, 2023, APCHA
Resolution No.3, approved funding up to but not to exceed $300,000 for the purchase of an
affordable housing unit 213 Woody Creek. This unit is anticipated to be sold in 2023 to
Clayton Homes who will refurbish or rebuild the deed restricted affordable housing unit.
Once the affordable housing unit is ready for re‐sale, APCHA will facilitate the sale from
Clayton Homes to a qualified employee and Clayton Homes will be made whole for the
construction costs.
$300,000
632 ‐ APCHA Development Fund: $300,000
Total Revenue / Transfers In:$300,000
REVENUE DETAIL
2023 Resolution No. 49 - APCHA - Page 5 11
RESOLUTION NO. 49
(SERIES OF 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING SUPPLEMENTAL APPROPRIATIONS TO THE 2023
BUDGET FOR ASPEN PITKIN COUNTY HOUSING AUTHORITY, SMUGGLER
AFFORDABLE HOUSING FUND, AND APCHA DEVELOPMENT FUND
WHEREAS, the Aspen Pitkin County Housing Authority is a standalone entity, uniquely
separate from the City of Aspen and Pitkin County, and
WHEREAS, the City of Aspen directly appoints one director and one alternate director, and
jointly with the County Commissioners appoints three additional directors and one alternate
director. The County Commissioners appoints the remaining two, one director and one
alternate director, for a total of the eight Board Members for the Aspen Pitkin County Housing
Authority, with the intent that City of Aspen is expressly represented in matters concerning
affordable housing in and around the Aspen community, and
WHEREAS, the City of Aspen annually subsidizes the operations of the Aspen Pitkin County
Housing Authority administrative functions, and
WHEREAS, the budget was originally approved by the City of Aspen on November 29, 2022,
by Resolution 125 (Series 2022) and
WHEREAS the Board Members for the Aspen Pitkin County Housing Authority have
approved certain supplemental appropriations to the budget.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen that
supplemental appropriations adjustments as itemized in Exhibit A are approved for the Housing
Administration Fund of $3,545,840, for the Smuggler Housing Fund of $94,480, and the APCHA
Development Fund of $310,000.
Adopted this 9th day of May 2023.
_____________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do
hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City
Council at its meeting held on the 9th day of May 2023.
_______________________________
Nicole Henning, City Clerk
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2023 APPROPRIATIONS BY FUNDExhibit AProjected Opening Balance2023 Adopted Revenue2023 Spring Supplemental Revenue2023 Amended Revenue Budget2023 Adopted Expense2023 Spring Supplemental2023 Amended Expense Budget2023 Ending BalanceTrust Fiduciary FundsHousing Administration Fund$999,709$3,256,670 $0 $3,256,670 $3,189,880 $355,960 $3,545,840$710,539Smuggler Housing Fund$451,107$75,080 $0 $75,080 $77,950 $16,530 $94,480$431,707APCHA Development Fund$1,284,084$12,000 $300,000 $312,000$10,000 $300,000 $310,000$1,286,084Total Trust and Agency Funds$2,734,900$3,343,750 $300,000 $3,643,750$3,277,830 $672,490 $3,950,320$2,428,33013
MEMORANDUM
TO:Mayor and City Council
FROM:Erin Hutchings, Operations Manager
Desiree Whitehead, Recreation Manager
THROUGH:Diane Foster, Assistant City Manager
Austin Weiss, Parks & Recreation Director
MEMO DATE:April 18, 2023
MEETING DATE:May 9, 2023
RE:Resolution #065 Series 2023: Mondo Floor Replacement for Aspen Ice Garden
REQUEST OF COUNCIL:
The Recreation Department is seeking Council approval for a contract with All American
Arena Products for the replacement of the rubber sports flooring at the Aspen Ice Garden.
SUMMARY AND BACKGROUND:
The rubber flooring in the lobby area and around the perimeter of the Aspen Ice Garden
ice rink requires replacement due to compromised and unsafe conditions of the floor
material and joints. Mondo Sport Impact rubber flooring is a double-layered vulcanized
sport floor. Mondo flooring consists of two main layers; the top layer is extra thick to resist
lacerations and heavy loads and the under layer provides stability and uniform shock
absorption. This rubber sports impact floor is what is currently installed in the lobby and
around the ice rink and has been a great product. However, with many years of usage
many areas that have worn down or where there are compromised joints has created
tripping hazards to users of the facility. AIG users will benefit from a new rubber floor
surface that is consistent and safe.
DISCUSSION:
Capital improvements to the Aspen Ice Garden (AIG) flooring have been anticipated
through the project creation of Capital project #50374. A sole source contract is proposed
for this capital project due to the specialized nature of the work scope and low response
from qualified and specialized Mondo flooring installation contractors. Staff have
identified qualified vendors for the project prior to 2023 that have backed out of the project
or left the industry altogether, leaving the Aspen Ice Garden Mondo flooring replacement
in a capital carryforward position from 2022. Staff consulted with the Rocky Mountain
Rink Association to identify qualified Mondo flooring installation contractors. The
proposed vendor, All American Arena Products, is highly recommended from the Rocky
Mountain Rink Association as well as from other ice rinks that staff consulted with around
the State of Colorado. All American Arena Products has been the only vendor to respond
to the Recreation Department’s queries and requests for flooring information in late 2022
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and early 2023. All American Arena Products also has a schedule availability for supply
and installation of the Mondo flooring in summer 2023 that aligns with the Aspen Ice
Garden’s programmed uses and at a time when the ice has already been removed and
is not in conflict with a floor installation effort.
The scope of work will consist of demolition and removal of the roughly 7,300 sq. ft of
existing flooring, and supply/installation and furnishing of the Mondo 6mm Sport impact
rubber flooring in the lobby area and around the ice rink of the Aspen Ice Garden. The
scope of work includes supply of all flooring materials, adhesive and finishing accessories
as needed to complete a new sports rubber floor at the facility. A 5-year manufacturer's
warranty on all materials is included in the comprehensive scope of work.
FINANCIAL IMPACTS:
The contract is being funded out of the Asset Management Plan (AMP) Fund, within the
Mondo Flooring – AIG project budget (#50374). The original budget for this project was
appropriated at $105,000 and is requested to be supplemented by $45,000 in the Spring
Supplemental packet.
ALTERNATIVES:
Council could request an alternative selection process.
RECOMMENDATIONS:
Staff recommends Council approve the sole source contract through Resolution #065,
Series 2023 for professional services with All American Arena Products.
CITY MANAGER COMMENTS:
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RESOLUTION #065
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ALL AMERICAN ARENA PRODUCTS 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
Mondo Floor replacement for Aspen Ice Garden, between the City of Aspen and
All American Arena Products, 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 All American Arena
Products 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 9th day of May 2023.
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, May 9, 2023.
Nicole Henning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2023-187
AGREEMENT made this 12th day of April, in the year 2023.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
All American Arena Products
c/o Adam Royce
1414 S. 4th Ave
Albert Lea, MN 56007
Phone:844-231-2227
For the Following Project:
Replacement of the mondo flooring at the Aspen Ice Garden.
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: Scope of Work and Fee Schedule
Total: $ 148,610
DocuSign Envelope ID: E7052BE5-6DD4-4461-85AF-5977C21A1E2B
#065
5/9/2023
DocuSign Envelope ID: A82FC375-9D0F-4983-B852-23F7B17D91B7
17
Agreement Professional Services Page 1
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
September 30, 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. Except as otherwise mutually agreed to by the parties the payments
made to Professional shall not initially exceed the amount set forth above. Professional shall submit,
in timely fashion, invoices for work performed. The City shall review such invoices and, if they are
considered incorrect or untimely, the City shall review the matter with Professional within ten days
from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
DocuSign Envelope ID: E7052BE5-6DD4-4461-85AF-5977C21A1E2BDocuSign Envelope ID: A82FC375-9D0F-4983-B852-23F7B17D91B7
18
Agreement Professional Services Page 2
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
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
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coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) 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
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minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
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indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional 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 Professional or a subprofessional
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
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By signing this document, Professional certifies and represents that at this time:
1. Professional 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. Professional 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.
Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional 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. Professional 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 Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
Professional shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Professional violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional’s violation of Subsection 8-17.5-102, C.R.S.
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It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
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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.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
22. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
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24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates an y 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.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasing | Aspen, CO
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4/18/2023 | 10:24:15 AM CDT
Adam Royce
Director Of Arena Services
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EXHIBIT A: SCOPE OF WORK ANDS FEE SCHEDULE
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MEMORANDUM
TO:Mayor Torre and City Council
FROM:Ben Levenson, Project Manager II, Asset Management
THROUGH:Rob Schober, Director, Asset Management
MEMO DATE:April 19th, 2023
MEETING DATE:May 9th, 2023
RE:Water Place Roof Replacements
REQUEST OF COUNCIL:
Approval of a contract with 3G Construction in the amount of $279,600 for replacement
of roofing systems on 15 buildings located in Water Place.
SUMMARY AND BACKGROUND:
The existing asphalt shingle roofs of 15 buildings in Water Place have reached the end
of their usable life. The existing roofs are approximately 25 years old. The existing ice
melt systems are inefficient and underperform. Project scope will include removal and
disposal of the existing roof assemblies, and installation of a new roof assemblies and ice
melt systems.
Units included in scope: 1-17 E Water Pl. (8 buildings), 18-22 W Water Pl. (5 buildings),
480 Doolittle Dr. (1 building), and 455 Doolittle Dr. (1 building)
This project was initially out for ITB in April of 2022 with a standing seam roof design.
Bids came in over budget and the decision was made to create a new design consisting
of a good quality asphalt shingle roof with a better performing and more energy efficient
ice melt system.
DISCUSSION:
Staff is recommending approval of the attached contract ‘Exhibit A’ with 3G Construction
was selected via the formal RFP procurement process. Staff agrees that 3G Construction
is a qualified contractor who will be able to perform the work in a timely manner and will
work around resident’s schedules.
FINANCIAL IMPACTS:
The project is funded from the 505 Employee Housing Fund. Spending authority for the
Water Place Roof Replacements (Project #51534) equal to $1,112,000 was approved in
2022 and will be submitted for re-appropriation in the Spring Supplemental for 2023. With
the shift to asphalt shingles, based on the cost of the proposed contract, the majority of
the project budget will remain unspent and will be returned to fund balance.
30
ALTERNATIVES:
If the project is not performed the existing roof systems will continue to age, and
inadequate ice melt systems will continue to underperform. This will continue to create
ice dams and water intrusion issues during winter months.
RECOMMENDATIONS:
Staff recommends approval of the 3G Construction contract.
CITY MANAGER COMMENTS :
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RESOLUTION # 066
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND 3G CONSTRUCTION LLC.AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Water Place Roof Replacements, between the City of Aspen and 3G Construction
LLC., a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
$279,600.00, between the City of Aspen and 3G Construction LLC., a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of May, 2023.
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, May 9th, 2023.
Nicole Henning, City Clerk
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Water Place Roof Replacement Project
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2023-150
AGREEMENT made this 17 day of April, in the year 2023.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
3G Construction LLC
835 East Platte Avenue
Colorado Springs, Colorado 80903
Phone:714-422-2027
For the Following Project:
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: 5/9/23
Resolution No.: #066
Exhibit A: Scope of Work
Exhibit B: Cost/Schedule
Total: $279,600
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The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
September 30th, 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 of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
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7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
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
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coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) 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
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minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
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indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional 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 Professional or a subprofessional
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, Professional certifies and represents that at this time:
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1. Professional 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. Professional 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.
Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional 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. Professional 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 Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
Professional shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Professional violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional’s violation of Subsection 8-17.5-102, C.R.S.
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It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
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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.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
22. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
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24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
27. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasing | Aspen, CO
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4/18/2023 | 11:53:37 AM PDT
Mike Trichak
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EXHIBIT A: SCOPE OF WORK
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EXHIBIT B: COST/SCHEDULE
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WORK SESSION MEMORANDUM
TO:Mayor and City Council
FROM:John Barker, Senior Management Analyst
CC:Patrick Quick, Strategy & Innovation Director
MEMO DATE:April 24, 2023
MEETING DATE:May 9, 2023
RE:Fluxx Services Inc, Change Order
REQUEST OF COUNCIL: Staff is requesting Council consideration and approval of
Resolution #070, Series of 2023, extending the contract for grant management software
services with Fluxx Services, Inc for two additional years through May of 2025.
SUMMARY AND BACKGROUND: In May of 2022, the City entered into a contract with
Fluxx Services, Inc to build a grants management system. This contract came with a one-
year licensing agreement set to expire in May of 2023.
DISCUSSION: The build of the grants management software was a success, with all
users reporting satisfaction with the system’s ease of use, transparency, and efficiency.
The system is used by city grants staff, community volunteer reviewers, and applicant
organizations and represents the City’s commitment to continuous improvement and
alignment with grants management best practices.
The original contract contained a set pricing structure for up to three years should the City
elect to extend the contract. As the launch of the grants management system has been a
success, staff recommends approving this change order extending the contract for an
additional two years pending annual budget approval.
ALTERNATIVES:
Council can choose to direct staff to enter a one-year contract at a higher annual cost or
provide alternative direction on appropriate grants management software.
FINANCIAL IMPACTS:Council has previously allocated an ongoing expense of $25,000
annually for grants management software in the City Manager’s Office budget as a part
of the General Fund. As this contract represents an ongoing annual expense of $22,500,
there are no new additional financial impacts.
46
ENVIRONMENTAL IMPACTS: None.
CITY MANAGER COMMENTS:
ATTACHMENT A – Original Fluxx Services, Inc. Contract
ATTACHMENT B – Contract Change Order
ATTACHMENT C_Resolution No. 070, Series of 2023
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RESOLUTION #070
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN
THE CITY OF ASPEN AND FLUXX SERVICES, INC
WHEREAS, the City of Aspen is committed to maintain an effective and
transparent grants program aligned with best practices; and
WHEREAS, the City of Aspen wishes to extend its contract with Fluxx Services,
Inc to further these objectives
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 contract
attached hereto
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9
th day of May 2023.
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, May 9, 2023.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2021-267.
AGREEMENT made this 1st day of May, in the year 2022 (“Effective Date”).
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Fluxx Labs Inc
c/o Kerrin Mitchell
2261 Market St. #4060
San Francisco, CA 94114
Phone: (443) 995-2112
For the Following Project:
Grants and Financial Aid Software Implementation
& Annual License (One Year)
Exhibits appended and made a part of this agreement (this Standard Form of Agreement, together with
the following exhibits, the “Agreement”):
The City and Professional agree as set forth below.
Total: $32,500
Implementation $10,000
Annual License (One Year): $22,500
If this Agreement requires the City to pay an
amount of money in excess of
$50,000.00 it shall not be deemed valid until it
has been approved by the City Council of the
City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: Fluxx Labs Software as a Service Order
Exhibit B: Fluxx Labs Software as a Service Terms
Exhibit C: Fluxx Labs Addendum 1—Support Services
Exhibit D: Fluxx Labs Statement of Work
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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 through Exhibit D attached hereto and by this reference incorporated
herein.
⮚ 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to
Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate
that all Work pursuant to this Agreement shall be completed no later than October 1, 2022. Upon request
of the City, Professional shall submit, for the City's approval, a schedule for the performance of
Professional's services which shall be adjusted as required as the project proceeds, and which shall include
allowances for periods of time required by the City's project engineer for review and approval of
submissions and for approvals of authorities having jurisdiction over the project. This schedule, when
approved by the City, shall not, except for reasonable cause, be exceeded by the Professional, provided
that City acknowledges and agrees that City will be required to reasonably cooperate and make available
in a reasonable and timely manner appropriate personnel, information and other necessary resources, as
contemplated by the Scope of Work.
⮚ 3. Payment. In consideration of the work performed, City shall pay Professional the following:
3a. Annual Subscription Fee. Subscription Fee of USD $22,500.00 billed annually on the 1st of
the month following contract signature and same date each year thereafter.
3b. Implementation Fee. City shall pay Professional on a fixed fee of USD $10,000.00 (“Fixed
Fee”) for the performance of Services and provision of Deliverables set forth in this Agreement.
Fluxx will invoice Customer for 50% of Total SOW Fee at the completion of Discovery phase.
Fluxx will invoice Customer for 50% of Total SOW Fee at the Go Live Date.
⮚ The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at
Exhibit D 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 recei pt of
the Professional's bill, provided that City shall pay that portion of the invoice that is not deemed incorrect
or untimely.
⮚ 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and
cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Subcontracting, 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. The City shall only be
obligated to pay Professional and shall not be obligated to pay or be liable for payment of any sums due
directly to any subcontractor.
5. Termination of Procurement. The purchase of implementation services 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, provided that
City shall promptly pay all time and expenses incurred by Professional through the date of termination of this
Agreement.
⮚ 6. Termination of Professional Services. At any time twelve (12) months or more following the
Effective Date, upon providing not less than sixty (60) days’ prior written notice, the Professional or the City
may terminate the Professional Services component of this Agreement, without specifying the re ason therefor,
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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 and City will immediately discontinue use of
Professional’s web-based service that assists in grants and financial aid management and all related services
Professional provides to make such online access and use available to City, including without limitation the
software application and documentation related thereto and all updates and upgrades thereof (collectively,
“Professional’s System”). Upon any termination, to the extent not part of the Professional’s System, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material
prepared by the Professional pursuant to this Agreement, if any, shall become the property of the City.
Notwithstanding the above, neither party shall be relieved of any liability to the other party for damages sustained
by the other party by virtue of any breach of this Agreement, to the extent authorized by law, by the breaching
party.
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 that agrees to use commercially reasonable
efforts to provide the 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 res ults obtained
under this Agreement. 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 unemploym ent 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 third party claims and demands, on account of bodily injury,
personal injury, sickness, disease, death, property loss or damage, which arise out of this Agreement, to the extent
and for an amount represented by the degree or percentage such injury 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 P rofessional 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 jurisdict ion
that such injury 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
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procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured
and maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Professional
pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any
employee engaged in the performance of work under this Agreement, 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 Agreement.
(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, other than Worker’s Compensation, 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
Agreement. No other form of certificate shall be used. 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.
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(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 Agreement.
(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 Agreement, the monetary limitations (presently $350,000.00 per person and
$990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or
otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool.
Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are
available to Professional for inspection during normal business hours. City makes no representations whatsoever
with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any
changes in its membership or participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this Agreement contains the entire undertaking
of the parties relevant to the subject matter thereof and there are no verbal or written 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 Agreement. 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 either party 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 waiving party, and forbearance or indulgence by the waiving
party in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed
by the other party to which the same may apply and, until complete performance by other party of said term,
covenant or condition, the forbearing party shall be entitled to invoke any remedy available to it under this
Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary
contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the
City of Aspen (or a duly authorized official in his absence) following a Motion or R esolution 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
Consultant hereby confirms that:
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1. Pursuant to CRS 8-17.5-101 (6)(b)(V), this Agreement is an agreement for information technology services,
and therefore is not a “Public Contract for Services” subject to E-verify requirements. Professional assures the
City it will conduct criminal and background checks through Checkr, Inc.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by the Professional for the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in
connection with any decision, approval, disapproval, recommendation, preparation of any part of a
program requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining
to this Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the City during the
term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council
approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against contingent fees,
gratuities, kickbacks and conflict of interest, in the event that Professional has breached any such
prohibition, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor
under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of anything
transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement
contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be
contingent upon the availability of those funds for payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations
or covenants can be modified, changed, terminated or amended, waived, superseded or extended except
by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
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(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 State courts of Pitkin County or the federal or State courts
in Denver County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be
executed in several counterparts, each of which shall be deemed an original, and all of which together shall
constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have
signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party.
The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in
the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the
Agreement solely because it is in electronic form or because an electronic record was used in its formation. The
Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper
copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds
that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and
be binding upon the City and the Professional respectively and their agents, representatives, employee, successors,
assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or
sublet its interest or obligations hereunder without the written consent of the other party.
21. 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.
22. 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.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the
parties hereto and the parties agree that no construction shall be made or presumption 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.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion . Professional
certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a
Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this
clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In
the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was
attached to the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement (which for the avoidance of doubt includes all
exhibits attached hereto) 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
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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.
26. 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.
27. Renewal: At its sole and absolute discretion, the City of Aspen shall have the option to renew this contract
for a period of up to three (3) additional years at the annual license fee of $22,500. The City shall notify the
Professional, in writing, at least thirty (30) days prior to the expiration date of the annual license of its intent to
renew the contract. In the event the City exercises its option to renew, all terms and conditions of this agreement
shall remain in full force and effect. In the event the City does not exercise its option to renew as set forth in this
paragraph 1, then this contract shall terminate at the end of the then current term, without further action by either
party.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials, this Agreement of which shall be deemed an original on the date first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on the City of
Aspen Website.
https://www.cityofaspen.com/497/Purchasing
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Kerrin Mitchell
4/25/2022 | 2:58:59 PM PDT
Chief Development Officer
DocuSign Envelope ID: 9B71891E-0B7C-4B04-A1F1-A381D091962B
4/27/2022 | 10:48:03 AM MDT
City Manager
4/27/2022 | 11:59:23 AM PDT
Sara Ott
56
EXHIBIT A SOFTWARE AS A SERVICE ORDER
FLUXX LABS, INC.
2261 MARKET STREET #4060
SAN FRANCISCO CA, 94114
Software as a Service Order
This Software as a Service Order (“Order”) is entered into by and between Fluxx Labs, Inc. ("Fluxx") and the
Customer identified in the table below (“Customer") and is effective as of the date set forth below ("Start
Date"). This Order, together with the attached Software as a Service Terms, all Addenda attached thereto or
referenced therein and each Statement of Work and attachments thereto sets forth the terms under which
Customer is granted the limited right to access remotely and use Fluxx’s proprietary grants management system
and the related services identified in the Order.
Customer
Customer Legal Name
and Address
City of Aspen
City Hall
427 Rio Grande Place
Aspen, CO 81611
Contract Start Date 1 May 2022 Signatory Name &
Email
- Name
- Email
- Phone
Sara Ott
Sara.ott@aspen.gov Subscription Start
Date 1 May 2022
Subscription Term Annual Billing Contact:
- Name
- Email
- Phone
John Barker
John.barker@aspen.
gov
970-456-8865 Duration of Term One (1) Year
Product Type Charge Type Description Price
Subscription
Subscription Fee billed on the
1st of the month following
contract signature
Annual License
Subscription, Hosting,
and Ongoing Support
USD $22,500
Implementation
Billed as detailed in Exhibit 1
in the section for Fees,
Invoicing, and Payments
Please reference Exhibit
1 – Statement of Work
for Implementation and
Related Services
USD $10,000
Annual Subscription Fee. Customer will pay Fluxx an annual fixed fee of USD $22,500 as follows:
Program Payment Period Schedule Billing Date Annual Payment
Amount
Year 1 Subscription Fee 01-May-2022 through 30-April-2023 01-May-2022 USD $22,500
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Agreement Professional Services Page 0
EXHIBIT B SOFTWARE AS A SERVICE TERMS
Software as a Service Terms
These Software as a Service Terms (together with all Addenda attached hereto or referenced
herein, the “Terms”), the Order to which these Terms are attached, Statement(s) of Work and
any other exhibits or attachments govern Customer’s access to and use of the Fluxx System. Any
initially capitalized terms used but not otherwise defined in these Terms shall have the meaning
ascribed to such terms in the Order or in an attached or referenced addendum, as applicable.
This Agreement is effective as of the Start Date of the Order executed by both Fluxx and
Customer.
1. Certain Definitions; Interpretation; Construction.
Each following initially capitalized term has the meaning ascribed to such term herein.
Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall
be deemed to be followed by the words “without limitation.” The terms “cash,” “dollars” and
“$” mean United States dollars. All Addenda and Exhibits attached hereto shall be deemed
part of this Agreement and included in any reference to this Agreement. Any singular term in
this Agreement shall be deemed to include the plural, and any plural term the singular.
“Addendum” means each addendum attached hereto by the parties, including without
limitation Addendum 1 (Support Services) and Addendum 2 (Insurance).
“Agreement” means the Order to which these Terms are attached, these Terms, all Addenda
attached hereto or referenced herein (which includes without limitation the Fluxx Privacy
Notice) and Exhibit 1 (Form of Statement of Work).
“Customer Data” means any of Customer’s information, documents or electronic files that
are uploaded to the Fluxx System, some of which may include personal data as governed by
the Fluxx Privacy Notice. For the sake of clarity, “Personal Data” means any information
that reasonably identifies or can be used to identify an individual directly or indirectly.
"Documentation" means the standard, online documentation for the Fluxx System that
Fluxx makes available, as the same may be revised and updated by Fluxx from time to time.
“Fees” means, collectively, the Subscription Fee together with all SOW Fees.
"Fluxx Privacy Notice" means Fluxx’s then-current privacy policy and other attachments
thereto or references therein, a current copy of which can be found at
https://www.fluxx.io/privacy-policy.
"Fluxx System" means Fluxx’s proprietary hosted grants management system that
integrates customer relationship management and business process workflows (including any
updates, revisions, enhancements, modifications, and derivative works thereof that may be
provided hereunder), including the related services specified in the Order, the Addenda
attached hereto and each Statement of Work.
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Agreement Professional Services Page 1
“Services” has that meaning set forth in the applicable Statement of Work.
“SOW Fee” means the fee that Customer must pay for services, as specified in each
Statement of Work.
“Statement of Work” means each statement of work mutually executed by the parties
setting forth the implementation and/or configuration services relating to the Fluxx System to
be provided by Fluxx, or any additional professional services to be provided by Fluxx, such as
advanced configuration (configuration that requires integration, analysis, build and testing)
and individual training. Each Statement of Work shall be attached hereto as an exhibit.
“Subscription Fee” means the annual fee, as set forth in the Order, that Customer pays in
advance for the right to access and use the Fluxx System during the Subscription Term.
“Subscription Term” means each annual period during which Customer remains current in
payment of all Subscription Fees.
"User" means a named individual to whom Customer has granted access to use the Fluxx
System on Customer’s behalf, regardless of whether or not the User actually accesses the
Fluxx System, subject to the terms of this Agreement.
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Agreement Professional Services Page 2
EXHIBIT C: FLUXX LABS ADDENDUM 1—SUPPORT SERVICES
Addendum 1 – Support Services
a. Support Commencement Date. The Support Services will commence on the Start
Date and continue until termination of the Agreement.
b. Customer Contacts. All Support Services inquiries will be directed to Fluxx from
employees or consultants identified in writing to Fluxx by Customer. All Support Services
inquiries should be directed to the electronic mail interface and/or telephone number
established for Customer. Customer will use commercially reasonable efforts to minimize
repetitive Support Services inquiries for the same error. All support requests will be
submitted in the format provided by Fluxx to Customer described herein. Fluxx will track
all Support Services inquiries and maintain a history of all Support Services interactions
with Customer, which shall be available to Customer upon request.
c. Cooperation & Coordination. A representative of Customer (“Customer
Representative”) and a Fluxx representative and other appropriate team members
from each party will meet (personally or electronically) at least once every three (3)
months to discuss the Fluxx System and any issues, problems, trends, or incidents
related thereto.
d. Support Services Hours. Fluxx will deliver ongoing Support Services
during Fluxx’s normal business hours (excluding applicable public and company holidays)
from 1:00 a.m. to 5:00 p.m. Pacific Time (the “Business Hours”). Support requests for
service during normal business hours should be submitted by Customer to the person
identified by Fluxx, which identification shall be done promptly upon SOW execution.
e. Technical Support. Without limiting any other obligations hereunder, Fluxx will
provide consultation, instruction, and basic technical support services (consisting of
minor configuration changes, Fluxx System upgrades, and troubleshooting) to Customer
regarding the Fluxx System (“Technical Support”). In response to requests from
Customer, Technical Support may be delivered by electronic mail, telephone, remote
support, and/or Internet-delivered answers during the Subscription Term.
f. Advanced Services. These optional services, which include audit, advanced
configuration (configuration that requires analysis, build and testing), office hours and
training certification packaged can be requested, scoped and managed under a separate
Statement of Work.
g. Response. Fluxx will respond to and resolve support requests in accordance with this
Addendum 1. Without limiting the Fluxx’s obligations to provide Support Services
herein, Fluxx will use commercially reasonable efforts to resolve all inquiries as soon as
reasonably practicable.
i. Conditions. Prior to initiating any support request of any kind, Customer must
first have attempted to determine the cause of and resolve the issue directly. If
the issue is not resolved after such attempt, Customer may then initiate a
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Agreement Professional Services Page 3
support request as specified in this Addendum. Customer will use reasonable
efforts to describe the problem with specificity and help Fluxx gather relevant
and helpful information regarding the problem. Customer will additionally
describe to Fluxx the phenomenon or the process that created the issue to
enable Fluxx to reproduce the problem with as much detail as
reasonably possible.
ii. Responses. A response means a written confirmation (email accepted) that a
support request has been received with initial comments on possible resolutions.
iii. Incident/Error Classifications. The case priority level will be determined
by Technical Support agents of Fluxx at the time of case submission and are
defined as follows:
Priority Response
Time
Description
Priority 1
Critical
1 hour Significant service availability issues or global impairment in critical
aspects of the Fluxx System or its processing capabilities that impair
Customer from using the Fluxx System.
Priority 2
Significant
4 hours Issues that materially affect processing by and access to the
technology or significant impairment of material aspects of the
services or its processing capabilities. The Fluxx System is
working, however specific components are generating errors and
or not responding in a timely manner.
Priority 3
Minor
48 Business
Hours
Issues that moderately affect processing by and access to the
technology or moderate impairment of material aspects of the
Fluxx System or its processing capabilities
Priority 4
Question
48 Business
Hours
An issue with a low degree of impairment of the Fluxx System.
* The Response times in the table above commence upon submission of a support
request by Customer to Fluxx. The Response times will be timed from the moment
written permission and test account credentials and information are provided via
the Fluxx incident tracking system. Incidents are reported to Fluxx incident tracking
system and Customer receives an incident number via email.
** Fluxx will work continuously on Priority 1 problems until they are resolved or an
acceptable work-around is identified. Adequate resourcing will be applied to the issue
and updates communicated on a regular basis until resolved. Status may be given to
Customer Representatives via electronic mail and/or phone, unless otherwise
requested by Customer Representative for phone updates.
*** Adequate resourcing will be applied to the issue and updates communicated on a
regular basis until resolved with respect to Priority 2.
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All duration requirements for acknowledgement and response immediately shift to the Business
Hour requirements upon start of Business Hours. Customer Representative will promptly
confirm resolution of issue to Fluxx by email.
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EXHIBIT D – FLUXX LABS STATEMENT OF WORK
Statement of Work for Implementation and Related Services
This Statement of Work for Implementation and Related Services ("SOW") is entered into as of
the 01 day of May, 2022 (“SOW Effective Date”) in connection with that certain Software as
a Service Order entered into by and between Fluxx Labs, Inc. ("Fluxx") and City of Aspen
(“Customer”), dated May 01, 2022 (the “Agreement”).
This SOW describes the implementation services or other services to be provided by Fluxx to
the Customer in connection with the Agreement. Any initially capitalized terms used but not
otherwise defined in this SOW shall have the meaning ascribed to such terms in the Agreement.
1. Engagement and Duties
a. Fluxx will provide services and deliverables to Customer, as such services and
deliverables are described in this SOW (the “Services”). During the term of this
SOW, Fluxx shall provide to Customer, on a non‐exclusive basis, consulting
services, as and to the extent requested by Customer from time‐to‐time. Fluxx
shall be available to work at reasonable times and for reasonable periods of time
and will use Fluxx’s best efforts to perform such that the results are satisfactory
to Customer.
b. The Fluxx project team for services and deliverables will be comprised of
resources with a combination of operational capabilities (project management,
system testing and validation, business analysis and so forth) and strategic and
specialized technical capabilities (product configuration, data migration,
engineering, quality assurance, and so forth).
2. Project Team
a. Fluxx Project Team
i. Project Manager: Responsible for day-to-day success of implementation
process and team. Interfaces with Company’s core team. Accountable for
delivery of assigned work streams, as well as proactive management of
issues or risks. Facilitates assigned working sessions, planning meetings
and communications needs. Responsible for managing project team in
producing deliverables.
ii. Implementation Specialist: Interfaces with Company’s core team.
Provides Fluxx System product expertise and solution guidance.
Collaborates with Project Manager to facilitate working sessions, planning
meetings, process analysis, optimization recommendations, work
prioritization and functional assessment. Responsible for the configuration
of the Fluxx System, delivery of data migration, and other assigned
deliverables.
iii. Data Specialist: Provides solution guidance for technical elements of the
implementation work, with a focus on data strategy / migration,
integrations, and reporting needs assessment. Collaborates with the Fluxx
Product team to assess technical requests and develop technical
documentation.
iv. Fluxx may also pull in other subject matter experts as needed.
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b. Recommended Customer Project Team Customer agrees to support and
staff the project internally to contribute to the success of the implementation.
Fluxx recommends a core project team supported by subject matter experts to
be called upon as required. Fluxx acknowledges the requirement to plan cycles,
meetings and required attendees in advance of each cycle so that sufficient
notice can be provided to ensure meeting attendance. Fluxx and Customer to
work together to develop meeting schedules and confirm attendees required. For
the core project team, Fluxx recommends a minimum of 3-5 people.
i. That team can include, but not be limited to: Project Manager, Business
Analyst, Systems Expert, Grants Manager - a minimum of one team
member and systems experts as required
ii. The core project team would be involved for the complete duration of the
project. Their involvement will provide consistency and expertise across
the project timeline and not just as subject matter experts for their
specific area.
3. Project Phases and Deliverables
a. Fluxx will deliver the services and deliverables to Customer based on the pricing
structure set forth herein to meet all the services and deliverables requested by
Customer. Pricing and accompanying services and deliverables are outlined
below.
b. Fluxx will complete the configuration of the Fluxx platform leveraging Fluxx’s
cycles approach, with process as specified in Appendix 1. As outlined in the table
below, system configuration is separated into individual cycles, each with an
overall focus area to develop.
c. For each of the Project Cycle Phases listed in Section 4: Project Phase and
Scope, Fluxx will complete:
i. Configuration of all field on forms, including visibility and permission
settings
ii. Configuration to capture required classification and coding, compliance,
and due diligence needs.
iii. Creation or updating of fields on these forms using information from data
mapping and migration
iv. Definition and configuration of compliance checklists to ensure the
required fields are completed by specific workflow states
4. Project Phases and Deliverables
PHASES DESCRIPTION
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Kick Off and
Onboarding
Requirements Gathering. Gather all current Customer documentation related
to workflows, forms, systems. Initial Requirements Workbook to be completed
by Customer in collaboration with Fluxx project team. Requirements Workbook
would include:
● Review key foundation workflows in the context of the System
capabilities and related to foundation processes
● Review key foundation forms and data requirements as well as related
output and budgeting components
● Review letters, documents, alerts and notification capabilities
● Conduct detailed review of business operations objectives, including
application forms, and business process workflows for applications and
programs.
● Fluxx team members to review potential opportunities for streamlining
the grant making process.
Data Migration. Discuss system data and document migration process.
Project Management. Fluxx will establish project expectations and guiding
principles with the Core Team and Project Manager and define key elements.
Fluxx will complete the implementation workbook and setup documentation
folder alongside Customer.
Project Timeline. Upon completion of the Kick off and Onboarding phase of
implementation, the Fluxx project team will provide a project timeline to be
mutually defined and agreed upon. Fluxx and Customer will sign off and commit
to the timeline. Each of Fluxx and Customer acknowledge that issues might arise
and objectives might change during the course of the Onboarding phase.
Accordingly, each party hereto agrees to negotiate reasonably and in good faith
any changes to the project timeline, including associated timeframes, affected
fees and related terms.
Users,
Organizations
, &
Registrations
Fluxx to complete configuration on the forms and workflows that support the
Users, Organizations, and Registration processes
Scope for Configuration
● Configure Organization Form with all associated fields, conditional logic,
and will consist of an estimated 20 fields/components.
● Configure 1 user/contact form with all associated fields (no workflow
available) and will consist of an estimated 10 fields/components.
● Configure all user profiles, roles and permissions
● Up to 2 Dashboards
● Configure up to 1 Registration/LOI page with eligibility quiz and consist of
an estimated 5 fields/components.
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Pre-Award
Configuration
Fluxx to complete configuration on the forms and workflows that support the
pre-approval process.
Scope for Configuration
● Up to 5 Application forms with conditional logic
o Each form will consist of an average of 35 fields/components, not
including user/org fields
o Configuration of Grantee Budgeting tool: Define and configure line
items and workflow
o Each form will have its own related workflow
o Creation or updating of fields on these forms using information from
data mapping and migration
o Configuration of all fields on forms, including visibility and permission
settings
o Creation of compliance checklists to ensure the required fields are
completed by specific workflow states
● Up to 2 Dynamic Cards with not more than an average of 15 fields per
form to be used for Meeting Site Visits, Outcomes or as the Customer
needs.
● Up to 4 generated email alerts
● Up to 2 letter/document templates (Liquid letter or Word document)
● Up to 2 internal user dashboard templates for pre-award management
● External Portals
● Grantee Portal
● Reviewer Portal: Up to 5 Reviewer forms with no more than an
average of 15 fields per form.
Plug-ins. Fluxx will provide support and configuration related to out of the box
Fluxx plug-ins where/if needed. Customer can choose from some/all/none of the
following options: Candid Charity Check, DocuSign, Outlook (MS365)
Post Award
Configuration
–
Amendment,
Payments and
Grantee
Reporting
Fluxx to complete configuration on the forms and workflows that support the
payments and grantee reporting.
Scope for Configuration:
● One (1) Payment form and approval workflow, including variations to
account for refunds, voided and canceled payments. Configuration of
fields on forms, including visibility, & permission settings
○ Definition and creation of compliance checklists to ensure the
required fields are completed by specific workflow states
● Up to 1 Amendment/Modification form with related workflow(s)
● Up to 2 Report/requirements forms with related workflows with no more
than an average of 25 fields/components per form
● Up to 4 generated email alerts
● Up to 2 internal user dashboard templates for post-award management
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Multi-
LanguageSup
port
(Spanish)
Scope for Configuration:
● Configure translated labels for up to 5 application themes & workflows
● Configure translated labels for up to 2 grantee reports themes &
workflows
● Configure translated labels for up to 1 amendment theme & workflows
● Configure translated labels for up to 1 Organization form
● Configure translated labels for up to 1 People theme
● Configure up to 8 translated emails
● Configure up to 2 letters
Out of Scope:
● Configuration of translated labels for reviewer forms and portals
● Configuration of translated labels for bank accounts
Customer will be responsible for the following:
● Providing Fluxx complete translations for labels, helper text,emails and
documents
● Customer will conduct end-to-end user acceptance validation by
submitting forms as a non-English speaking grantee.
Template
Migration
Fluxx will co-operate with the Customer in connection with the transition and
migration of any of the Data to the System, such that there is, to the greatest
extent practicable, a seamless transition for the Customer’s relevant personnel
from their use of the existing grants management system to the Fluxx System
and with minimal disruption to business.
Scope for Migration
● Complete up to one (1) initial migration and three (3) iterations and one
(1) final data migration
● Complete (1) document mapping in total
● Sources for data migration – Fluxx provided template.
If any additional sources of data are identified and required, each source
will be reviewed by Fluxx to determine the strategy, scope, schedule,
and pricing. Customer will be responsible for transforming data from this
source into the Fluxx template.
● Each data migration will include:
o Resolution of tickets associated with data migration re-mapping,
field/workflow changes.
- Once notified of the issue, Fluxx will check for the following: Can
the error be replicated, is the issue a configuration issue or a
migration issue and was there a transformation error. Once
identified, a solution will be put in place for the next iteration.
- All tickets will live in the Customer ticket tracking site where
issue will be logged and be updated with notes on resolution.
o Upload of data into migration tool
- Once all adjustments have been made, the data from this
isolated database is pushed into the target environment
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o Update and revise data mapping to align with configured fields,
forms, workflow
- If the data is provided before the configuration begins, Fluxx will
have an opportunity to work with a set of pre-populated fields.
Net new fields are additive and have no impact on the
migration.
o Data push to agreed Fluxx instance for data validation
- We have a global administration tool that allows operators to
move data between environments in an automated, controlled
fashion.
o Validation of ticket resolution
- For every migration iteration after the initial migration, issues
reported in migration tickets are revalidated to see if the solution
applied fixed the issue. If the issue persists, Fluxx will repeat
the process outlined above.
● Fluxx to work with Customer on timings of data migrations.
● Fluxx and Customer will hold meetings in preparation for each migration
iteration. Frequency, timing and attendees will be agreed in partnership
with Customer and mapped out in the project plan.
o Meetings will address mapping questions, issues, guidance on data
preparation, post-migration issue tracking and solution discussion.
Customer will be responsible for the following:
● Uploading the data to the agreed location for each of the migrations in
the format provided in the Fluxx template. All column headers should be
reflective of the field backend names in the configuration.
● For data cleansing, data transformations and data validation. Fluxx will
provide guidelines.
● Uploading documents into the agreed Amazon S3 location for each of the
migrations.
● Confirming by email that all major data issues have been resolved by the
last iteration before the final migration (dress rehearsal).
● Meeting deadlines agreed upon by the Customer and Fluxx.
If net new data issues are found after the final migration that were not
identified in previous iterations, this will result in additional costs for the
Customer in one of the following:
● Adding another data migration iteration, which can delay the go-live date
● Custom post-migration scripts to be written and pushed by the Fluxx
team
o In this instance, Fluxx will only push post-migration script up to two
times: once after the final migration (before go-live) and once near
the end of the Support Transition phase.
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Refinement
and End to
End Testing
User Acceptance Validation (“UAV”) occurs throughout each cycle and
comprehensive refinement end to end testing occurs prior to Go-Live. Fluxx will
establish regular check-ins with Project Team on progress/issues (frequency of
meetings tbd), with tracking of open/closed items in ticket tracking tool. Fluxx
will provide Customer with a demo, and assurance testing scripts, prior to each
stage of testing to ensure that Customer is able to perform effective UAV testing.
Refinement
● Refinement occurs throughout the process during configuration iteration
and can also occur prior to or during end-to-end testing
● Refinement is limited to configuration that can be completed within the
time frame allocated.
● Significant change requests may result in a Change Order, as defined
below. The party seeking a modification of the scope of Services or period
of performance shall propose a draft change order and, after negotiation
and upon mutual written agreement of the revised scope, period of
performance, related Fees and/or other provisions,, the Change Order
(Section 6) shall amend and become a part of the Agreement.
● Complete refinements to existing configuration based upon minor
configuration updates and any high priority blockers to go-live. Customer
and Fluxx will work together to prioritize changes for Go-Live.
End to End Testing
● Customer will conduct end-to-end user acceptance validation to see the
full workflow and actor (grantee, Program officer, reviewer, etc).
● Customer is responsible for planning and managing end-to-end
validation and communicating.
● Final end-to-end testing is at the epic or scenario level with validated
user stories for each user story being referenced from the Fluxx
Requirements workbook.
● Revisions and go-live blockers during end-to-end testing are limited to
configuration that can be completed within the time frame allocated per
the project timeline. A go-live blocker is defined by a major configuration
issue that prevents an essential business process to be completed where
no functional work around can be provided. Go-live blockers cannot be
tied to system functionality, customized development, product
enhancements, or bugs.
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Training To increase adoption and support the success of all users of the Fluxx System,
users should receive comprehensive training on both Fluxx functionality and
new systems/processes. Training will be a joint activity between Fluxx and
Customer’s Project Team and will occur throughout the implementation
timeline utilizing Self-Service Training Courses and scheduled instructor-led
training sessions.
Internal Staff Training Program. In this course, you will learn the basic
use of cards, dashboards, filters, budgeting and more. (Access for 5 individuals
to the self-guided training - Duration: 8 hours)
Courses and Exercises Include
● Logging in
● Understanding UI/Layout and Cards
● Multiple Views
● Forms and Workflow
● Budgets
● Payments and Reports
● Documents
● Communicating within Fluxx
Fluxx Product Training Program (Standard Admin Training). In this
course, you will perform basic upkeep and maintenance of the Fluxx System.
You will learn the basics of what an Admin can do; how fields get created;
how to understand workflow constructions; different budgeting types and
more. (Access for 4 individuals to the self-guided training - Duration: 8 hours)
Courses and Exercises Include:
● Admin Privileges and Admin Panel / Settings
● Forms and their Elements (Fields and Components)
● Workflow Configuration
● Emails
● Dashboard Management
● Grantee Portal
● Budgets
● Troubleshooting
Fluxx Product Training Program (Advanced Admin Training). In this
course, you will learn the tools to edit forms, manage users and their access,
see how to handle documents, and teach you how to use the Adhoc Report
Builder. (Access for 4 individuals to the self-guided training - Duration: 8
hours)
Courses and Exercises Include:
● Form Building Concepts
● Card Configurations
● Documents & Letters
● User Management
● Reporting Options & Adhoc Reports
● Troubleshooting
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Instructor Led Training. This customized training for up to five Customer
individuals (Duration 5 hours) can occur on dates/times mutually agreed
between Fluxx and Customer. The Project Team will collaborate with Customer
to prepare agenda and identify specific technical areas of focus. Topics can be
specific to Customer’s unique configuration. Trainings will occur throughout
the Project term to help Customer become familiar with the Fluxx System,
environment, and configuration.
Fluxx follows a “train-the-trainer'' approach, focusing on a select number of
power users identified by Customer. Customer is responsible for conducting all
end-user and grantee training at large.
Additional Training Support includes access to our Knowledge Base,
Online Community, and ongoing Trainings and Webinars.
Launch and
Support
Transition
Fluxx will deliver a fully-configured and customized solution on production and
pre-production environments, and Fluxx will make it available to Customer’s
users in a production environment with all migrated data available in the
Solution and all as accepted in writing by Customer.
Release & Go-Live. Once all high priority issues are resolved, training is
completed and the final migration has occurred, Fluxx will confirm go-live and
launch the Fluxx System with the Customer
● The “Go Live Date” means the date on which the fully-configured and
customized Solution is made fully available to Customer’s users in a
production environment with all migrated data available in the Solution
and all as accepted in writing by Customer.
● At Go-Live, Customer will begin to file and manage completion of
tickets via Atlassian Jira Service Management with Fluxx’s support
team, which will be prioritized, responded to and resolved by Fluxx as
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part of, and in accordance with the response and resolution
requirements of, the Support Services.
Support Transition. Post go‐live Customer goes into a Support Transition
phase lasting 30 calendar days where they have continued email or phone
support (questions, bugs, issues) by their Fluxx project team and/or weekly
check-ins. Topics covered but are not limited to:
● Coach Customer on how to make small changes within the Fluxx System
– empower the Customer to take responsibility for their incidence of the
Fluxx System as the primary Admin
● Address/solve any configuration errors or troubleshoot and file any bugs
Fluxx’s project team will continue to be available during the Support Transition
period, and Fluxx will continue to host weekly calls, to support Customer post-
launch and respond to emails ad-hoc as needed.
Customer will be supported by the Fluxx’s support team via Atlassian Jira
Service Management and transition to the Fluxx’s Customer Support
Management (CSM) Team during the Support Transition phase for ongoing
account management support throughout the duration of the Support
Transition phase.
All issues that arise during the Support Transition period will be logged in
Atlassian Jira Service Management for ticket management. Tickets will be
managed by the support team for the most efficient response leveraging the
project team for input where needed.
5. Issue Tracking. In order to track all changes, issues and bugs Fluxx uses the following
tools:
a. Jira issue tracking. Any bugs logged will be entered into the Fluxx Jira issue
tracking system by the project team.
i. These tickets will get assigned a developer resource and sprint for
resolution.
ii. Updates to Jira tickets will get transferred to the matching cycle ticket to
keep the project team and Customer team up to date.
iii. Jira/bug tickets will be addressed per the standard Fluxx platform release
schedule
b. Zendesk & Atlassian Jira Service Management
i. Any questions, tasks, changes, issues and bugs will be logged as a ticket.
ii. After project completion Customer will be transitioned over to Support
where all issues will be logged and tracked via Atlassian Jira Service
Management ticketing system that Customer will have access to for
monitoring updates and resolution.
c. Fluxx reserves the right to change the tools used as we constantly strive to
improve our process.
6. Change Management
a. Project Timeline
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i. Post kickoff and onboarding phase of implementation, Customer and
Fluxx implementation teams will agree upon a project timeline, signed off
by Customer.
ii. During implementation, if Customer has significant delays or missed
deadlines longer than 3 weeks, or requests extension to the project
timeline, a Change Order is required unless these delays are a result of
similar delays by Fluxx.
iii. Cost of project extension will be a minimum 10% of total Implementation
Charge listed in this contract per month of extension and will be assessed
based on scope of work that will be extended and completed as well as
duration of extension.
1. If extension is required as a result of delays not primarily the
responsibility of the Customer, no extension fee will be charged.
b. Change Order - Major. The parties will use a Change Order when there are
major changes to the SOW, including the contract amount, requirements and/or
time required for Fluxx to complete the Services and Deliverables. Any such
Change Order will be subject to an amendment to this SOW and signed by
authorized representatives of both parties.
c. Change Order - Configuration work (No Customization / Developer work
needed Change Order)
i. At a point when both parties agree that a change is necessary to the
contract, the intent of the Change Order to be discussed and agreed to
by all stakeholders.
ii. A non-developer work Change Order would be a change additional to the
SOW that can be accomplished by the project team.
iii. Change Orders require final approval by Fluxx oversight. Once received,
the Change Order would then be submitted to the Customer for review
and approval.
iv. Upon approval the team would communicate with the Customer on the
Change Order and its implementation plan.
v. The Change Order would be submitted to Customer for review and
approval.
vi. Upon approval the Change Order would communicate with Customer on
the Change Order and its implementation plan.
d. Change Management – Minor. Changes requested in configuration and/or
requirements that do not impact time, resources or cost will be tracked in the
Customer project folder. A change to a User Story that impacts a critical
deliverable will be communicated and agreed by both parties prior to the change
being made. User stories can also be canceled based on changing requirements
without any impact to scope, time or cost. As with a change any canceled user
story will be communicated and agreed by both parties prior to the cancellation.
The project folder will track all meeting minutes (decisions) and all requests for
workflow, customizations, form and field level changes in tickets.
e. Hourly Rate. Fluxx’s flat rate for additional Services pursuant to a major
Change Order is USD $225 per hour. If a Change Order is needed, the parties
will agree to the scope and cost in advance and such scope and pricing will be
set forth in an amendment to this SOW.
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7. Progress Reporting. A progress report will be shared monthly with Customer by Fluxx.
This report will illustrate progress, clarify issues encountered and information on tickets
that will carry over into the adjacent cycle. It will also highlight any key decisions,
change requests and risks to the project. Customer may provide a similar progress
report to confirm progress and cycle status.
Fees, Invoicing, and Payments
1. Implementation Fees. Customer will pay Fluxx a fixed fee of USD $10,000 (“Fixed
Fee”) for the performance of Services and provision of Deliverables set forth in this
SOW.
■ Fluxx will invoice Customer for 50% of Total SOW Fee (USD $5,000) at
the completion of Discovery Phase
■ Fluxx will invoice Customer for 50% of Total SOW Fee (USD $5,000) at
Go Live Date
2. Implementation Services Hours and Fees. Fluxx will provide a total of 88 hours of
implementation services to complete the deliverables outlined in this Statement of Work.
Additional services requested will be arranged with a Change Order under the Fluxx
Hourly Rate.
3. Payment Terms. Customer will pay each invoiced amount within 30 days of receipt of
each invoice.
4. Expenses. Customer shall reimburse all reasonable and actual travel related expenses
for activities conducted in person at Customer’s offices as it relates to Fluxx fulfilling the
SOW. Expenses that are approved in writing prior to being incurred will be invoiced in
the month incurred at actual incurred amount and subject to Customer consultant travel
policy.
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AMENDMENT
City of Aspen, CO
LICENSE, TECHNICAL SUPPORT, AND HOSTING 2023-
2025
This Amendment is executed as of April 30th, 2023 by and between City of Aspen, CO ("Customer") and Fluxx
Labs, Inc. ("Fluxx").
A. Customer and Fluxx previously executed that certain Agreement dated April 27th, 2022 (the "Agreement").
B. Pursuant to the Agreement, Fluxx implemented a customized version of the Fluxx grant management system
("System") for Customer and has been providing maintenance services for the System (including, without
limitation, cloud platform hosting, system support, documentation, issue resolution, system upgrades, back-ups
and System security) (collectively, the "Maintenance Services").
C. Customer and Fluxx wish to amend the Agreement by extending its term so that Fluxx will continue providing
the Maintenance Services, as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth in the Agreement and this Amendment,
Fluxx and Customer agree as follows:
1.Term and Termination. Term and Termination. The term of the Agreement is hereby extended to April 30th
2025, and shall automatically renew for successive one-year periods with a 10% fee increase, unless one party
shall have notified the other in writing at least (60) Days prior to a scheduled expiration date that it does not
wish to renew the Agreement under the autorenewal terms via cancellation or extending service through a new
multi-year agreement.
Notwithstanding the above, if either party defaults in the performance of this Agreement or materially breaches
any of its obligations under this Agreement, the non-breaching party may terminate this Agreement
immediately if the breaching party fails to cure the breach within fifteen (15) business days after having received
written notice by the non-breaching party of the breach or default.
Upon termination of this Agreement for any reason other than a breach by Fluxx, Fluxx shall be paid for
all outstanding Yearly Fees through the end of term, and all other sections shall survive termination of
this Agreement. In the case of a breach by Fluxx, Fluxx shall reimburse Customer any prepaid fees from
date of breach through the end of the term.
This contract is subject to appropriation of funds by the Aspen CO City Council for each year of the
contract. If funds for the contract are not appropriated for any subsequent year, the contract shall be
terminated without penalty.
2.Pricing and Payment. In consideration of the Maintenance Services to be provided hereunder, Customer
hereby agrees to pay to Fluxx the following fees $22,500.00 USD beginning May 1st, 2023.
Each invoice shall be due and payable within thirty (30) days following the invoice date.
3.Advanced Services. The customer shall pay to Fluxx a fee of $250.00 USD per hour in year one for any
advanced services in addition to Technical Support, provided however that such rate may be adjusted annually
in accordance with the relevant Consumer Price Index
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Years Product Payment Schedule Billing Date Payment Amount
1 Fluxx Platform May 1 2023 -April 302024 May 1st 2023 $22,500.00
2 Fluxx Platform May 1 2024 -April 30 2025 May 1st 2024 $22,500.00
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The parties have executed this Amendment on the respective dates set forth below:
CITY OF ASPEN, CO FLUXX LABS, INC.
By:
Title:
Address: 427 Rio Grande Place
Aspen, CO 81611
Date:
By: Melissa Caldwell
Title: VP of Customer Success & Onboarding
Address: 2261 Market Street, #4060
San Francisco CA, 94114 USA
Date:
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MEMORANDUM
TO:Mayor Torre and City Council
FROM:Ben Levenson, Project Manager II, Asset Management
THROUGH:Rob Schober, Director, Asset Management
MEMO DATE:April 28th, 2023
MEETING DATE:May 9th, 2023
RE:Truscott Stair Replacement
REQUEST OF COUNCIL:
Approval of a contract with Network Infrastructure Construction Company, DBA. “NICX”
in the amount of $529,421.63 for replacement of 4 exterior stair towers located in Truscott
Phase II.
SUMMARY AND BACKGROUND:
Truscott Phase II Buildings 10, 20, 40, and 70 were completed around the year 2000. The
four existing stair systems that serve these buildings were constructed of poured concrete
over steel support structures. Over time water has infiltrated the concrete and corroded
the supporting structure requiring replacement of the stair systems entirely.
In February of 2023 BG Architecture and Design completed plans detailing how the
project will be executed. At this time BG Architecture and Design submitted for a building
permit. Per the plans:
Stairs 10,20, 40, & 70 will be demolished. New stair assemblies are to be installed at
buildings 10,20, 40, & 70. New stair design will be composed of steel stringers, slip
resistant galvanized perforated McNichols stair treads, steel guard and hand rails with
wire mesh infill, and 1/4“ solid Corten infill panels at ground level to prevent snow ingress
into the lower levels.
Gutters and downspouts will be installed on stairs 10, 20, & 900. A drywell will be installed
at the lower level of stair 40.
All exposed steel at buildings 10,20, 40, 50, 60, 70, and stair 900 (excluding concrete
deck pans and galvanized steel) shall be refinished.
To minimize impact on residents of Truscott, 85% of the stair assemblies will be shop
fabricated prior to delivery.
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DISCUSSION:
Staff is recommending approval of the attached contract ‘Exhibit 1’ with NICX was
selected via the formal RFP procurement process. Staff agrees that NICX is a qualified
contractor who will be able to perform the work in a timely manner with as little impact to
residents as possible.
FINANCIAL IMPACTS:
The project is funded from the 641 Truscott Phase II Housing Fund. Spending authority
for the Truscott Stair Replacement (Project #51617) equal to $1,800,000 was approved
in 2022 and will be submitted for re-appropriation in the Spring Supplemental for 2023.
Based on the pricing included in this contract, a significant amount of the project budget
will not be utilized and will be returned to fund balance – this is due in large part to the
significant drop in steel pricing that has happened since 2022 when the project budget
was being developed.
ALTERNATIVES:
If the project is not performed the existing stair assemblies and steel walkway structures
will continue to corrode. A temporary fix has been performed that has made the stairs
structurally sound. This fix is intended to be temporary and not permanent. Eventually
corroded treads will fail.
RECOMMENDATIONS:
Staff recommends approval of the NICX contract.
CITY MANAGER COMMENTS :
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RESOLUTION # 071
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND NETWORK INFRASTRUCTURE CONSTRUCTION COMPANY,
DBA. “NICX”.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
Truscott Stair Replacement, between the City of Aspen and Network Infrastructure
Construction Company, DBA. “NICX”, 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
$529,421.63, between the City of Aspen and Network Infrastructure
Construction Company, DBA. “NICX”, 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 9th day of May, 2023.
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, May 9th, 2023.
Nicole Henning, City Clerk
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2023-149
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on April 26th 2023, by and between the
CITY OF ASPEN, Colorado, hereinafter called the “City”, and Network Infrastructure
Construction Company, DBA. “NICX”, hereinafter called the “Contractor”.
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
“A” which is incorporated herein as if fully set forth (the “Project”).
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and Contracts
herein contained being performed and kept by Contractor, including the supplying of all
labor, materials and services required by this Contract, and the construction and
completion of the Project, City agrees to pay Contractor a sum not to exceed Five
Hundred Twenty Nine Thousand Four Hundred Twenty Nine and Sixty Three Cents
($529,429.63) DOLLARS or as shown on Exhibit “A”.
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter diligently
and continuously to completion, and in any and all events to substantially complete the
same not later than November 1, 2023, subject to such delays as are permissible under the
“Extension of Time for Completion” section of this Contract.
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5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor, machinery, equipment or any other service or facility used
in connection with or arising out of the Project, and shall obtain periodic releases from all
subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Work appended hereto as Exhibit “A” are intended to supplement one another. In
case of conflict, however, this Contract shall control both.
8. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or omissions
from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the
same shall in no way affect or make void this Contract; but the amount thereof shall be
amortized over the remaining term of this Contract and added to or deducted, as the case
may be, from the payments set forth in Paragraph 3 above by a fair and reasonable
valuation, based upon the actual cost of labor and materials. This Contract shall be
deemed to be completed when the work is finished in accordance with the original
Proposal or Scope of Work as amended or modified by such changes, whatever may be
the nature or the extent thereof. The rule of practice to be observed in fulfillment of this
paragraph shall be that, upon the demand of either City or Contractor, the character and
valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in
writing, signed by City and Contractor, prior to performance.
9. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
City may, upon giving notice in writing to Contractor as provided herein and upon
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Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
terminate this Contract and provide the necessary material and workmen to finish the
work and may enter upon the Property for such purpose and complete said work. The
expense thereof shall be deducted from the payments remaining under Paragraph 3 above,
or if the total cost of the work to City exceeds the amount of such remaining payments,
Contractor shall pay to City upon demand the amount of such excess in addition to any
and all other damages to which City may be entitled. In the event of such termination,
City may take possession of all materials, equipment and appliances belonging to
Contractor upon or adjacent to the Property upon which said work is being performed and
may use the same in the completion of said work. Such termination shall not prejudice or
be exclusive of any other legal rights which City may have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which are beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fai r and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in preparing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent in
a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due Contractor as set forth
above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
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and title charges as are not refundable shall be included; provided that supervision time,
office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Paragraph 3 above.
14. 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.
15. Insurance.
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a. The 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 the terms of this Contract. Such
insurance shall be in addition to any other insurance requirements imposed by this contract
or by law. The Contractor shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to the terms of this Contract 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. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. 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.
2. 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.
3. 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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c. Except for any Contractor Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the City
of Aspen's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees, or carried by or provided through any insurance pool of the City of Aspen, shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy 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.
d. The certificate of insurance provided to the City of Aspen shall be
completed by the Contractor's insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full force and effect, and shall be
reviewed and approved by the City of Aspen prior to commencement of the contract. No
other form of certificate shall be used. The certificate shall identify this contract and shall
provide that the coverage 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 of Aspen.
e. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect
at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on
the expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a material
breach of contract upon which City may immediately terminate this contract, or at its
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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. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
City of Aspen
_________________________________
427 Rio Grande Place
Aspen, Colorado 81611
To Contractor:
Network Infrastructure Construction Company, DBA. “NICX”
12835 US HWY 285
Conifer, CO 80433
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided, with postage thereon fully prepaid.
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18. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
19. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable, in the County of Pitkin.
20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its
employees including, but not limited to, worker's compensation insurance and
unemployment insurance, are available from the City to the employees, agents or servants
of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for
the acts of the Contractor's agents, employees, servants and subcontractors during the
performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
21. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to others its rights and responsibilities under this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
22. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
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23. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
24. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non-prevailing party.
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this Contract
are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, marital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or
Vietnam era veteran. The Contractor will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
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30. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
31. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon a Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The 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 of 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 Contract or to any solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local, state and federal "anti-kickback" statutes or regulations.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an
annual basis. It is understood that payment under any contract is conditional upon annual
appropriation of funds by said governing body and that before providing services, the
Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
33. Worker Without Authorization – 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
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a contract, or to knowingly contract with a Contractor 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 Contractor or a
subcontractor 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, Contractor certifies and represents that at this time:
1. Contractor 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. Contractor 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.
Contractor hereby confirms that:
1. Contractor shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to
certify to the Contractor that the subcontractor shall not knowingly employ or
contract with a worker without authorization to perform work under the Public
Contract for Services.
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3. Contractor 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. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Contractor shall:
1. Notify such subcontractor and the Owner within three days that Contractor has
actual knowledge that the subcontractor is employing or subcontracting with a
worker without authorization: and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
stop employing or contracting with the worker without authorization; except that
Contractor shall not terminate the Public Contract for Services with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with a
worker without authorization.
Contractor 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 Contractor 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, Contractor shall be liable for actual
damages to the Owner arising out of Contractor’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.
34. Electronic Signatures and Electronic Records This Agreement and
any amendments hereto may be executed in several counterparts, each of which shall be
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deemed an original, and all of which together shall constitute one agreement binding on
the Parties, notwithstanding the possible event that all Parties may not have signed the
same counterpart. Furthermore, each Party consents to the use of electronic signatures by
either Party. The Scope of Work, and any other documents requiring a signature
hereunder, may be signed electronically in the manner agreed to by the Parties. The
Parties agree not to deny the legal effect or enforceability of the Agreement solely
because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an
electronic record, or a paper copy of an electronic documents, or a paper copy of a
document bearing an electronic signature, on the ground that it is an electronic record or
electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
ATTESTED BY: CITY OF ASPEN, COLORADO
By: ____________
Title:_________________________
APPROVED AS TO FORM:
By:
City Attorney
ATTESTED BY: CONTRACTOR:
__________________________ By: __________________________
Title:__________________________
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Scott Wendland
President/CEO
5/2/2023 | 9:48:43 AM MDT
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General Conditions for Construction Contracts and Special Conditions can be found on
City of Aspen Website. Purchasing | Aspen, CO
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ____________________)
) SS.
COUNTY OF __________________)
On this _______ day of ________________________________, 20____, before
me appeared
___________________________________________________, to me
personally known, who, being by me first duly sworn, did s ay that s/he is
___________________________________ of
_______________________________________________________ and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
______________________________________
Notary Public
______________________________________
Address
My commission expires: _______________________
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1 | NICX Construction Company.
TRUSCOTT STAIR PROJECT # 2023 ‐149
NICX Construction
12835 US HWY 285, Conifer, CO 80433
Ben Levenson
City Of Aspen
970‐309‐5199
Ben.levenson@aspen.gov
NICX Construction is pleased to provide a response to the Truscott Stair Project #2023‐149 RFP
We have reviewed the RFP scope of work and we are pleased to confirm that we are fully qualified to perform this
project.
NICXco is an experienced Class B Commercial General Contractor and has extensive experience with this type of
commercial Stair construction on the western slope and High Mountain regions. We are confident that we have
the team and resources available to successfully execute the full scope of this project in a timely fashion.
NICX Proposes the utilization of an experienced construction Project team managed by the following NICX
leadership:
Construction Director ‐ Scott Wendland
Project Execution Manager – Galen Phillips
Construction Operations Field Manager – Dave Riggle
Civil Project Superintendent – Fred Kitko
Project controller – Jessie Romanin
Project Accountant – Sarah Phillips
We look forward to the opportunity to support The City of Aspen on this project and are pleased to provide any
additional documentation of expertise required for review.
NICX Construction, (DBA “NICXco”)
Scott Wendland
Attachments:
-Implementation plan
- Bidder Qualification Letter
- Project Resumes
- Bid schedule
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2 | NICX Construction Company.
Project implementation plan
NICX follows a simple project planning and preparation approach to lay the foundation for
project success.
Project initiation and planning
upon contract award the program director will complete the project Initiation with the
following steps:
o Execute contracts and deliver bonding certificates to COA.
o Complete a full management team Kickoff meeting where scope and schedule and
team responsibilities will be clearly defined.
o Review project construction drawings, and identify any changes needed for
constructability or Develop Shop Drawings and spec sheets for review and Approval.
o Schedule safety Meetings with the NICX compliance team and all onsite personnel.
o Review and approve the project execution schedule in conjunction with the COA
Construction management team or Owner’s representative and Engineer.
Project execution
Task 1) Pre‐ construction
The Project Manager will submit any construction drawing RFI’s for revision and
clarification to the Project engineer. The Project manager will also coordinate individual
project location required “on‐site” pre‐construction walks.
Materials will be ordered, and delivery scheduled for coincidence with scheduled
construction start.
Resident Impact plan, methods of Traffic control and Egress will be developed and
approved by Fire marshal and housing authority.
Task 2) Construction
The Project manager will schedule Civil crews to start the equipment and materials
mobilization to project location.
Construction will be completed in the following order:
‐ Site Preparation, laydown space security, Mobilization.
‐ Demolition of Staircase (individually)
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3 | NICX Construction Company.
‐ Installation of Temporary egress and appropriate Signage and access controls
(individually per resident Impact plan).
‐ Installation of New Stairs (individually)
‐ Painting Preparation and rust abatement.
‐ Drywell installation.
‐ Fixture installation.
‐ Site Acceptance 1st Punch walk.
‐ Substantial completion.
‐ Final Punch walk.
3)Project closeout
At the conclusion of the construction activities the project manager will complete the
closeout process that will include submittal of “as built” drawings, Cut Sheets, Photos,
Materials test reports, Permit Closure, client acceptance and sign off, RFI LOG, and final
invoice reconciliation and Project accounting true up.
Project Control and change management
NICX will monitor and control the project in constant communication with the COA and any
sub‐contracted special services.
o NICX will host weekly project update meetings to monitor Safety, Production, Quality,
and schedule.
o Out of scope work will be identified and submitted to the COA in writing for approval
and clarification by NICX Construction team immediately when encountered during
construction.
o Change orders are to be approved in writing by the COA assigned project manager
prior to NICX proceeding with any change order work.
o Change control log will be maintained and updated by the assigned NICX Project
Controller
Project Closeout and invoicing.
Project Accountant will reconcile all invoices with percentages completed and will invoice
monthly for all approved work completed.
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4 | NICX Construction Company.
Anticipated Project schedule
Project proposed start 5/17/2023.
Projected project completion 9/2/2023
15‐Mar2‐Apr 20‐Apr8‐May26‐May13‐Jun 1‐Jul 19‐Jul 6‐Aug24‐Aug11‐Sep
Site Preparation, Laydown/staging security, Mobilization.
Demolition of existing stairs and install Temporary egress
New Stair Installation
Painting Preparation and Rust abatement
Drywell installation
Fixture Installation
Site Acceptance 1st Punch Walk
Substantial completion
Final Punch walk
Proposed deployment
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4/14/23 NICX ConstrucƟon Company
Builder QualificaƟons
Project list of related construcƟon projects in last
5 years:
•Balk Residence 1304 Vine Cliff Heights $2,600,000.00
•Marshall Residence 1454 Vine Cliff Heights $3,800,000.00
•Mark Residence 5500 Russelville Road $1,800,000.00
•Schmitz Residence 1455 Vine Cliff Heights $3,500,000.00
Project Reference:
ResidenƟal:
Balk Residence 1304 Vine Cliff – John Balk custom home 2.6 m 719‐330‐1995
completed 2020.
Brooks Residence 15480 Billings Court – Russ Brooks custom home 800k 720‐297‐3779
completed 2019.
Commercial/ Municipal Stairs:
•Town of Dillon – Scott Obrien, Public Works Director (970) 262-3408.
•Town of Snowmass Village, Kyle Eckes, Project manager. (970) 922-2325
•Pitkin County - G.R. Fielding, County Engineer, 970-379-3707
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CUSTOMER PROJECT ADDRESS QUOTE DATE
City of Aspen
Ben Levenson
Ben.levenson@aspen.gov PROJECT NAME QUOTED BY
970‐309‐5199
ITEM DESCRIPTION UNIT OF MEASURE UNIT RATE ESTIMATED QTY ESTIMATED TOTALS
Mobilization LS 30,750.00$ 1 30,750.00$
Temporary Egress Stair systems LS 51,250.00$ 1 51,250.00$
Demo and removal of existing stairs LS 28,956.25$ 1 28,956.25$
Fabricate and install new stairs LS 202,693.75$ 1 202,693.75$
Paint Prep all metal surfaces for paint LS 23,165.00$ 1 23,165.00$
Paint all new metal and preppped existing LS 28,956.25$ 1 28,956.25$
Clean up post Install LS 5,791.25$ 1 5,791.25$
Drywell remove and replace LS 11,070.00$ 1 11,070.00$
Remove and repace 3 exterior doors EA 2,050.00$ 3 6,150.00$
Prep and paint 3 steel doors EA 410.00$ 3 1,230.00$
Purchase 3 new lever style knobs EA 256.25$ 3 768.75$
Install 3 new lever knobs EA 205.00$ 3 615.00$
Purchase 23 Progress Light fixtures EA 148.63$ 23 3,418.38$
Electric materials boxes / sensor switches LS 2,870.00$ 1 2,870.00$
Electric rough and trim on 23 fixtures LS 10,995.00$ 1 10,995.00$
General Conditions LS 30,750.00$ 1 30,750.00$
Supervison LS 12,300.00$ 1 12,300.00$
Overhead LS 8,200.00$ 1 8,200.00$
Contractor Fee LS 61,500.00$ 1 61,500.00$
UNIT PRICING TOTALS 521,429.63$
NICX will offer a $20,000.00 Discount if Bonding is not required
scope of work as discribed in contract documents.
Hazardous Waste disposal not included if found in construction materials
Project staging area to be available onsite, or at nearby city owned property
NOTES:
NICXco. PO BOX 1209 CONIFER CO 80433
QUOTE EXPIRES
427 Rio Grande Place Aspen, CO 81611 4/14/2023 7/13/2023
QUOTE #
TRUSCOTT STAIR PROJECT #2023‐149 DAVE RIGGLE daver@nicxco.com
BID SCHEDULE
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1 | NICX Construction Company, LLC.
Recent and Current Project Resumes
PROJECT
Town of Lyons, Colorado.
Black Bear Hole and Second Ave Public Park .
SCOPE OF WORK:
Parking lot and Hiking paths
Natural stacked stone retaining walls
Stick‐build public restroom
Pedestrian Bridge
Landscaping
PROJECT PHOTOS:
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PROJECT:
Town of Dillon Marina
and TC stairs Project
SCOPE OF WORK:
3 separate public access stair Projects
2 | N ICX Constructi on Company, LLC.
PROJECT PHOTOS:
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PROJECT:
Town of Snowmass
Village Creekside stair
Project
SCOPE OF WORK:
Remove Existing staircase and
replace with New Fabricated steel
stair.
3 | NICX Constructi on Company, LLC.
PROJECT PHOTOS:
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PROJECT:
Marbal Properties
2970 N chestnut street
SCOPE OF WORK:
5500 SF TURNKEY NEW BUILD
CORE/SHELL TENANT IMPROVEMENT
ENGINEERING AND ARCHITECTURE
PROJECT PHOTOS:
ENGINEERED RETAINING WALL
4 | NICX Constructi on Company, LLC.
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PROJECT:
Balk Private Residence, 1304
Vine Cliff Heights
SCOPE OF WORK:
Turnkey General Contractor, Site
Development and New build 8000SF
PROJECT PHOTOS:
5 | NIC X C o n s tru cti o n C o mp an y, L L C .
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PROJECT :
FAMILY DOLLAR
465 Havana st. Aurora CO
SCOPE OF WORK:
9200 SF GROUND UP NEW BUILD TURNKEY
ARCHITECTURE AND ENGINEERING
PROJECT PHOTOS:
6 | NIC X C o n s tru cti o n C o mp an y, L L C .
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PROJECT PHOTOS:
PROJECT:
Marshall Private Residence,
1454 Vine Cliff Heights
SCOPE OF WORK:
Turnkey General Contractor, Site
Development and New build
9400 SF
7 | NIC X C o n s tru cti o n C o mp an y, L L C .
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PROJECT:
DENNY'S, AT&T WIRELESS , CRICKET WIRELESS
7201 SHERIDAN BLVD WESTMINSTER CO
SCOPE OF WORK:
8500 SF NEWBUILD GROUND UP TURNKEY
ARCHITECTURE AND ENGINEERING
3 ADD TENNANT IMPROVEMENTS
PROJECT PHOTOS:
PARKING LOT AND LANDSCAPING
8 | NIC X C o n s tructi o n C o mp an y, L L C .
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9 | NICX Constructi on Company, LLC.
PROJECT:
CITY OF LONE TREE ,
CIVIC BUILDING IMPROVEMENTS
SCOPE OF WORK:
Cut in New Sidewalk and ADA Ramp
7800 SF retaining wall
PROJECT PHOTOS:
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City of Aspen Truscott Stair Replacement March 2023, Basic Requirements
01001 - 1
SECTION 01001
2023-149
BASIC REQUIREMENTS
PART 1 GENERAL
1.1 CONTRACT DESCRIPTION
A. Work of the Project includes the replacement of Truscott stairs 10,20,40 & 70.
Refinishing of walkways 50 & 60, and stair 900.
B. Perform Work of Contract under a Guaranteed Maximum Price contract with Owner in
accordance with Conditions of Owner-Contractor Construction Agreement. In the event
of any discrepancies/conflicts between the specifications and the Construction
Agreement, the Construction Agreement shall govern.
1.2 WORK RESTRICTIONS
A. On-Site Work Hours: work hours shall observe the City of Aspen permitted construction
hours from 7:30 AM to 5:30 PM Monday through Friday and 9:00 AM to 5:00 PM on
Saturday.
1.3 COORDINATION WITH OCCUPANTS
A. All units are occupied and managed by the Aspen Pitkin County Housing Authority
(APCHA). Excellent communication with the tenants and APCHA staff will be necessary
for successful project completion.
1.4 TEMPORARY EGRESS
A. During construction temporary egress for occupants will be required. Contractor must
coordinate with City of Aspen Community Development to develop temporary egress
plan.
1.5 CASH ALLOWANCES
A. Costs Included in Allowances: Cost of Product to Contractor or subcontractor, less
applicable trade discounts.
B. Costs Not Included in Allowances But Included in Contract Sum/Price: Delivery to site,
applicable taxes (City of Aspen is exempt from sales tax on items to be permanent
fixtures of the building), product handling at the site, including unloading, uncrating, and
storage; protection of Products from elements and from damage and labor for installation
and finishing.
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City of Aspen Truscott Stair Replacement March 2023, Basic Requirements
01001 - 2
C. Difference in cost will be adjusted by Change Order.
D. Allowances Schedule:
1. No cash allowances scheduled.
1.6 TESTING AND INSPECTION ALLOWANCES
A. Testing and Inspection Allowances: Not required.
1.7 APPLICATIONS FOR PAYMENT
A. Submit digital (PDF format) copies of invoice with description of the work undertaken.
B. Content and Format: Utilize Schedule of Values, included in the Owner-Contractor
Construction Agreement, for listing items in Application for Payment.
C. Payment Period: Monthly.
1.8 CHANGE PROCEDURES
A. Per requirements of Owner-Contractor Construction Agreement.
B. Change Order Forms: Written contractor request with information required by AIA
G701 document or use form.
1.9 ALTERNATES
A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's
option.
B. Coordinate related Work and modify surrounding Work as required.
C. Schedule of Alternates:
1. Alternate No. 1: No alternates scheduled.
1.10 COORDINATION
A. Coordinate scheduling, submittals, and Work of various sections of specifications to
ensure efficient and orderly sequence of installation of interdependent construction
elements.
B. Verify utility requirement characteristics of operating equipment are compatible with
building utilities.
C. Coordinate space requirements and installation of mechanical and electrical work
indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and
conduit, as closely as practicable.
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City of Aspen Truscott Stair Replacement March 2023, Basic Requirements
01001 - 3
D. In finished areas, conceal pipes, ducts, and wiring within construction.
1.11 FIELD ENGINEERING
A. Establish elevations, lines, and levels and certify elevations and locations of the Work
conform with Contract Documents.
B. Verify field measurements are as indicated on shop drawings or as instructed by
manufacturer.
1.12 PRECONSTRUCTION, PREINSTALLATION MEETINGS
A. Owner will schedule preconstruction meeting after Notice of Award for affected parties.
B. When required in individual specification section, convene pre-installation meeting at
Project site prior to commencing work of section.
1.13 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work at weekly intervals or
as required by Owner-Contractor Construction Agreement.
B. Preside at meetings, record minutes, and distribute copies within five business days to
those affected by decisions made.
1.14 CUTTING AND PATCHING
A. Employ skilled and experienced installer to perform cutting and patching new Work;
restore Work with new Products.
B. Submit written request in advance of cutting or altering structural or building enclosure
elements.
C. Execute cutting, fitting, and patching to complete Work, and to:
1. Fit several parts together, to integrate with other Work.
2. Uncover Work to install or correct ill-timed Work.
3. Remove and replace defective and non-conforming Work.
4. Remove samples of installed Work for testing.
5. Provide openings in elements of Work for penetrations of mechanical and
electrical Work.
D. Cut masonry and concrete materials using masonry saw or core drill. Restore Work with
new Products in accordance with requirements of Contract Documents.
E. Fit Work tight to adjacent elements. Maintain integrity of wall, ceiling, or floor
construction; completely seal voids.
F. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.
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City of Aspen Truscott Stair Replacement March 2023, Basic Requirements
01001 - 4
G. Refinish surfaces to match adjacent finishes.
1.15 SUBMITTAL PROCEDURES
A. Submittal form to identify Project, Contractor, subcontractor or supplier; and pertinent
Contract Document references.
B. Apply Contractor's stamp, signed or initialed, certifying that review, verification of
Products required, field dimensions, adjacent construction Work, and coordination of
information is in accordance with requirements of the Work and Contract Documents.
C. Identify variations from Contract Documents and Product or system limitations which
may be detrimental to successful performance of completed Work.
D. Revise and resubmit submittals as required; identify changes made since previous
submittal.
E. Allow two weeks turnaround time for Owner review of submittals, including shop
drawings.
1.16 CONSTRUCTION PROGRESS SCHEDULES
A. Submit any changes to the progress schedule digitally within 15 days after date
established in Notice to Proceed for Owner review.
B. Submit revised schedules at each Progress Meeting, identifying changes since previous
version. Indicate estimated percentage of completion for each item of Work at each
submission.
C. Submit horizontal bar chart with separate line for each section of Work, identifying first
work day of each week.
1.17 PRODUCT DATA
A. Product Data:
1. Submitted to Owner for review for limited purpose of checking for conformance
with information given and design concept expressed in Contract Documents.
2. After review, provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
B. Submit product data in Digital (PDF) format.
C. Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturer’s standard data to provide information unique to this project.
1.18 SHOP DRAWINGS
A. Shop Drawings:
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City of Aspen Truscott Stair Replacement March 2023, Basic Requirements
01001 - 5
1. Submitted to Owner for review for limited purpose of checking for conformance
with information given and design concept expressed in Contract Documents.
2. After review, provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
B. Submit shop drawings in digital (PDF) format.
1.19 SAMPLES
A. Samples for Review:
1. Submitted to Owner for review for limited purpose of checking for conformance
with information given and design concept expressed in Contract Documents.
2. After review, provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
B. Samples For Selection:
1. Submitted to Owner for aesthetic, color, or finish selection.
2. Submit samples of finishes from full range of manufacturer’s standard colors,
textures, and patterns for Owner selection.
3. After review, provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
C. Submit samples to illustrate functional and aesthetic characteristics of Product.
D. Submit samples of finishes from full range of manufacturer’s standard colors, textures,
and patterns for Owner's selection.
1.20 MANUFACTURER’S INSTRUCTIONS
A. When specified in individual specification sections, submit manufacturer printed
instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing,
in quantities specified for Product Data.
1.21 MANUFACTURER’S CERTIFICATES
A. When specified in individual specification sections, submit certifications by manufacturer
to Owner, in quantities specified for Product Data.
B. Indicate material or Product conforms to or exceeds specified requirements. Submit
supporting reference data, affidavits, and certifications as appropriate.
1.22 QUALITY CONTROL
A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions,
and workmanship, to produce Work of specified quality.
B. Comply with manufacturer’s instructions.
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C. Comply with specified standards as minimum quality for the Work except when more
stringent tolerances, codes, or specified requirements indicate higher standards or more
precise workmanship.
1.23 TOLERANCES
A. Monitor fabrication and installation tolerance control of installed Products over suppliers,
manufacturers, Products, site conditions, and workmanship, to produce acceptable Work.
Do not permit tolerances to accumulate.
B. Comply fully with manufacturer’s tolerances.
1.24 REFERENCES
A. Conform to reference standards by date of issue current as of date of Contract
Documents.
B. When specified reference standard conflict with Contract Documents, request
clarification from Owner before proceeding.
1.25 TESTING AND INSPECTION LABORATORY SERVICES
A. No testing or special inspections required.
1.26 MANUFACTURER’S FIELD SERVICES AND REPORTS
A. When specified in individual specification sections, require material or Product suppliers
or manufacturers to furnish qualified staff personnel to observe site conditions and to
initiate instructions when necessary.
B. Report observations and site decisions or instructions that are supplemental or contrary to
manufacturer’s written instructions.
1.27 EXAMINATION
A. Verify existing site conditions and substrate surfaces are acceptable for subsequent Work.
Beginning new Work means acceptance of existing conditions.
B. Verify utility services are available, of correct characteristics, and in correct location.
1.28 PREPARATION
A. Clean substrate surfaces prior to applying next material or substance.
B. Apply manufacturer required or recommended substrate primer, sealer, or conditioner
prior to applying new material or substance in contact or bond.
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1.29 TEMPORARY ELECTRICITY
A. Coordinate with Owner for use of electricity and power outlets for construction
operations, connections, branch wiring, distribution boxes, and flexible power cords as
required.
1.30 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain temporary lighting for construction operations as may be needed.
B. Provide branch wiring from power source to distribution boxes with lighting conductors,
pigtails, and lamps as required.
C. Permanent building lighting may be utilized during construction. Repair, clean, and
replace lamps (as needed) at end of construction.
1.31 TEMPORARY HEATING AND COOLING
A. Provide heating and cooling devices and heat and cool as needed to maintain specified
conditions for construction operations.
B. Provide and pay for operation, maintenance, and regular replacement of filters and worn
or consumed parts.
1.32 TEMPORARY VENTILATION
A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent
accumulation of dust, fumes, vapors, or gases.
1.33 TELEPHONE SERVICE
A. Provide, maintain and pay for telephone service to site at time of project mobilization.
Mobile telephones are acceptable.
1.34 TEMPORARY WATER SERVICE
A. Coordinate with Owner for use of suitable quality water service required for construction
operations.
1.35 TEMPORARY SANITARY FACILITIES
A. Contractor will provide and maintain temporary sanitary facilities.
1.36 FIELD OFFICES AND SHEDS
A. Not required.
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1.37 PARKING
A. Owner will provide a limited number of temporary parking spaces to accommodate
construction personnel and staging.
1.38 PROGRESS CLEANING AND WASTE REMOVAL
A. Collect and maintain areas free of waste materials, debris, and rubbish. Maintain site in
clean and orderly condition.
1.39 PROJECT IDENTIFICATION
A. Provide as may be required by Building Department.
1.40 BARRIERS AND FENCING
A. Provide barriers/partitions to prevent unauthorized entry to construction areas and to
protect existing facilities and adjacent spaces from damage.
B. Construction: Contractor's option.
1.41 ENCLOSURES
A. Erect and maintain temporary partitions to prevent spread of dust and fumes.
B. Erect and maintain temporary barriers and security devices.
1.42 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification sections.
1.43 SECURITY AND SAFETY
A. Provide facilities to protect Work from unauthorized entry, vandalism, or theft.
B. Provide safety training, signage, products, and traffic control services as needed to
maintain project safety.
1.44 ENVIRONMENTAL CONTROL
A. Provide methods, means, and facilities to prevent spread of noxious, toxic substances,
and pollutants produced by construction operations to other parts of the building.
1.45 PRODUCTS
A. Products: Means new material, machinery, components, equipment, fixtures, and systems
forming the Work, but does not include machinery and equipment used for preparation,
fabrication, conveying and erection of the Work.
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1.46 DELIVERY, HANDLING, STORAGE, AND PROTECTION
A. Deliver, handle, store, and protect Products in accordance with manufacturer's
instructions.
1.47 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Any Product meeting
those standards or description.
B. Products Specified by Naming One or More Manufacturers: Products of manufacturers
named and meeting specifications, no options or substitutions allowed, except where
otherwise noted.
C. Products Specified by Naming One or More Manufacturers with Provision for
Substitutions: Submit request for substitution for manufacturers not named.
1.48 SUBSTITUTIONS
A. Substitutions for Cause: Submit requests for substitution immediately on discovery of
need for change, but not later than 15 days prior to time required for preparation and
review of related submittals.
1. Conditions: Owner will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution is consistent with the Contract Documents and
will produce indicated results.
b. Requested substitution provides sustainable design characteristics that
specified product provided.
c. Requested substitution will not adversely affect Contractor's construction
schedule.
d. Requested substitution has received necessary approvals of authorities
having jurisdiction.
e. Requested substitution is compatible with other portions of the Work.
f. Requested substitution has been coordinated with other portions of the
Work.
g. Requested substitution provides specified warranty.
h. If requested substitution involves more than one contractor, requested
substitution has been coordinated with other portions of the Work, is
uniform and consistent, is compatible with other products, and is
acceptable to all contractors involved.
B. Substitutions for Convenience: Owner will consider requests for substitution if received
within 15 days after the Notice of Award.
1. Conditions: Owner will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution offers Owner a substantial advantage in cost,
time, energy conservation, or other considerations, after deducting
additional responsibilities Owner must assume. Owner's additional
responsibilities may include compensation to Owner for redesign and
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evaluation services, increased cost of other construction by Owner, and
similar considerations.
b. Requested substitution does not require extensive revisions to the
Contract Documents.
c. Requested substitution is consistent with the Contract Documents and
will produce indicated results.
d. Requested substitution provides sustainable design characteristics that
specified product provided.
e. Requested substitution will not adversely affect Contractor's construction
schedule.
f. Requested substitution has received necessary approvals of authorities
having jurisdiction.
g. Requested substitution is compatible with other portions of the Work.
h. Requested substitution has been coordinated with other portions of the
Work.
i. Requested substitution provides specified warranty.
j. If requested substitution involves more than one contractor, requested
substitution has been coordinated with other portions of the Work, is
uniform and consistent, is compatible with other products, and is
acceptable to all contractors involved
1.49 CLOSEOUT PROCEDURES
A. Submit written certification Contract Documents have been reviewed, Work has been
inspected, and Work is complete in accordance with Contract Documents and ready for
Owner's inspection.
B. Submit final Application for Payment identifying total adjusted Contract Sum/Price,
previous payments, and amount remaining due.
1.50 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean interior and exterior surfaces exposed to view.
C. Clean debris from site.
D. Replace filters of operating equipment.
E. Remove waste and surplus materials, rubbish, and construction facilities from site.
1.51 DEMONSTRATION AND INSTRUCTIONS
A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks
prior to date of Substantial Completion.
B. For equipment or systems requiring seasonal operation, perform demonstration for other
season within six months.
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C. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing,
maintenance, and shutdown of each item of equipment at agreed-upon times, at
equipment location.
1.52 TESTING, ADJUSTING, AND BALANCING
A. Adjust operating products and equipment to ensure smooth and unhindered operation.
1.53 PROTECTING INSTALLED CONSTRUCTION
A. Provide temporary and removable protection for installed products. Control activity in
immediate work area to prevent damage.
B. Protect finished floors, and other surfaces from traffic, dirt, wear, damage, or movement
of heavy objects, by protecting with durable sheet materials.
1.54 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of Contract Documents to be utilized for record documents.
B. Record actual revisions to the Work. Record information concurrent with construction
progress.
C. Specifications: Legibly mark and record at each Product section description of actual
Products installed.
D. Record Documents and Shop Drawings: Legibly mark each item to record actual
construction.
E. Submit scanned documents to Owner with claim for final Application for Payment.
1.55 OPERATION AND MAINTENANCE DATA
A. Submit an electronic (PDF format) copy prior to final inspection.
B. PDF shall be logically organized.
C. Contents:
1. Part 1: Directory, listing names, addresses, and telephone numbers of Owner,
Contractor, subcontractors, and major equipment suppliers.
2. Part 2: Operation and maintenance instructions, arranged by system.
3. Part 3: Project documents and certificates.
1.56 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide Products, spare parts, maintenance and extra materials in quantities specified in
individual specification sections.
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B. Deliver to Project site and place in location as directed by Owner; obtain receipt prior to
final payment.
1.57 WARRANTIES
A. Provide duplicate copies.
B. Execute and assemble transferable warranty documents from subcontractors, suppliers,
and manufacturers.
C. Submit prior to final Application for Payment.
END OF SECTION
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1
MEMORANDUM
TO:Mayor and Council
FROM:Hailey Guglielmo, PE, Project Manager
THRU:Tricia Aragon, PE, City Engineer
Scott Miller, Director of Public Works
DATE OF MEMO:April 28, 2023
MEETING DATE:May 9, 2023
RE:Council Meeting – Hallam and Garmisch Stormpipe and Watermain
Replacement Project Construction Inspections Contract, Resolution #072,
Series 2023
REQUEST OF COUNCIL: Staff is recommending approval for the construction inspection
contract with Phil Vaughan Construction Management, Inc for the Hallam and Garmisch
Stormpipe and Waterline Replacement Project in the amount of $61,861.
SUMMARY: Council approved a contract with Heyl Construction on February 25
th, 2023, for the
construction of the Hallam and Garmisch Stormpipe and Watermain Replacement Project.
Staff is requesting Council approve the construction inspection contract for the project which
includes the daily construction inspections, construction logs, quality control, and other items
related to construction and inspections.
BACKGROUND:
The existing corrugated metal storm pipe along Garmisch Street is undersized, rusted and
degraded. The storm pipe on Garmisch has outlived its useful life and needs replacement. If
ignored, the degraded pipe could cause damage to the roadway, adjacent property or cause unsafe
road conditions resulting in a higher replacement cost.
Along Hallam Street the Yellow Brick Building has experienced drainage issues, particularly at
the northwest corner of the building. The roof drains tie to outdated and ineffective drainage
infrastructure, and the slopes in the area prevent storm runoff from continuing north toward the
river. The stormwater improvements proposed along Hallam will relieve the area of drainage
issues, improve the longevity of the building foundation, and provide a safer condition for the
traveling public.
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2
The watermains in this area are constructed of older, less suitable cast iron and are prime
candidates for upgrades. By replacing the water mains at the same time as the storm pipes the City
will recognize a cost savings and limit disruptions to the surrounding neighborhood caused by
future emergency repairs, maintenance or upgrades.
The following map shows the extents of the storm pipe and water main improvements along
Hallam and Garmisch.
Figure 1: Extents of Utility Replacement
Heyl Construction was chosen as the construction contractor and the contract was approved by
Council on February 25, 2023.
This contract is for a third-party construction inspector for the proposed work. A third-party
construction inspector will provide oversight as well as method and material inspections, in
accordance with engineering best management practices. Third party construction inspections are
proven to increase quality and decrease re-work.
DISCUSSION: As part of the entire Hallam and Garmisch Stormpipe and Watermain
Replacement project budget that was reviewed and supported by Council on February 25
th, 2023,
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3
there was a line item for Construction Inspections for $150,000. The submitted bid from Phil
Vaughan Construction Management, Inc came in at $61,861.
Staff recommends PVCMI for this portion of the project becausethey have successfully performed
the construction inspection on multiple past City projects including the Paepcke Transit Hub
project, where the City upgraded another section of the Garmisch Street stormpipe and thus is a
comparable scope.
FINANCIAL/BUDGET IMPACTS: Staff recommends that it is in the City’s best interests to
award the construction inspection contract to Phil Vaughan Construction Management, Inc. The
PVMI contract is within the approved project budget from the February 25
th meeting and is
included in italics below.
$150,000 was estimated for Construction Inspections in the February 25th meeting. The submitted
bid from Phil Vaughan Construction Management, Inc came in at $61,861. The Financial impacts
have been updated to reflect the bid number of $61,861. All updates are shown in italics from the
February 25th memo to this May 9
th memo for approval of the construction inspections contract.
Project TOTAL of Construction Contract Amount Contingency (10%)Construction Inspection Communications and Public Outreach Geotech and Material Testing Total Charged to Funds Budget AMP Fund - 000.327
51648 - EV Charging
Station Base
$6,374
$637
-
-
-
$7,012
$7,012
Stormwater Fund -
51673 – Hallam &
Garmisch Storm Pipe *$ $1,144,039
$114,404
$61,861
$5,000
$25,000 $1,350,304
$1,350,304
Water Fund - 51674 –
Waterline
Replacement on
Hallam and Garmisch
$411,602
$41,160 ---
$452,762
New Funding
Request – Fall
2023
Supplemental
TOTAL PROJECT COST
$1,562,015
$156,202
$61,861
$5,000
$25,000
$1,810,078
$1,357,315
Table 1. Allocated Funding
*funding originally in 51581 Garmisch Street Pipe Repair and Replacement
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4
AMP - Engineering Expenditures
Hallam and Garmisch Stormwater and Watermain Replacement Contract
(Heyl Construction, Inc.)$ 6,374
Construction Contingency $ 637
ENGINEERING TOTAL $ 7,012
Stormwater Expenditures
Hallam and Garmisch Stormwater and Watermain Replacement Contract
(Heyl Construction, Inc.)$ 1,144,039
Construction Contingency $ 114,404
Construction Inspections/Management (Phil Vaughan Construction Management)$ 61,861
Public Outreach and Communications (as-needed contract)$ 5,000
Geotech and Material Testing (as-needed contract)$ 25,000
STORMWATER TOTAL $ 1,350,304
Water Expenditures
Hallam and Garmisch Stormwater and Watermain Replacement Contract
(Heyl Construction, Inc.)$ 411,602
Construction Contingency $ 41,160
WATER TOTAL $ 452,762
EXPENDITURES TOTAL $ 1,810,078
Asset Management Fund (AMP)
EV Charging Station Base (51648)$ 7,012
AMP FUNDING TOTAL $ 7,012
Stormwater Fund
Hallam & Garmisch Storm Pipe (51673)$ 1,350,304
STORMWATER FUNDING TOTAL $ 1,350,304
*funding originally in 51581 Garmisch Street Pipe Repair and Replacement
Water Fund
New Funding Request – Supplemental Waterline Replacement on Hallam
and Garmisch (51674)$ 452,770
WATER FUNDING TOTAL $ 452,770
FUNDING TOTAL $ 1,810,078
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5
ALTERNATIVES: Staff has explored the below alternative option:
Construction inspections could be included in construction contracts instead of a separate
inspection contract as proposed with this memo. The responsibility and implementation of
inspections would be shifted to the selected contractor instead of administered by the City. The
cost of the construction contract would increase to include inspections as a line item. This would
give the City less influence and control of the inspection standards and rely on selected contractors
to properly administer third-party inspections.
ENVIORONMENTAL IMPACTS: Storm pipe infrastructure carries stormwater flows to the
river. When this infrastructure is broken and degraded it can result in an increase in pollutant
loading into the river. Fully functioning storm systems also protect the roadway subgrade from
destabilization due to stormwater infiltration. Establishing properly sized and fully functional
storm pipes can increase the longevity of our street surfaces which ultimately decreases
environmental impacts of construction.
STAFF RECOMMENDATION: Staff recommends Council approve the Construction
Inspection Contract with Phil Vaughan Construction Management, Inc. in the amount of $61,861.
PROPOSED MOTION:“I move to approve Resolution No. 072, Series of 2023.”
CITY MANAGER COMMENTS:
______________________________________________________________________________
ATTACHMENT A – Construction Inspection Contract
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RESOLUTION #072
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND Phil Vaughan Construction Management, 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 contract,
between the City of Aspen and Phil Vaughan Construction Management, 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 that Contract
for Hallam and Garmisch Stormpipe and Watermain Replacement Project
Construction Inspection Services, between the City of Aspen and Phil Vaughan
Construction Management, 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 April 2023.
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, May 9th, 2023.
Nicole Henning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: _2023- 169_.
AGREEMENT made this 25 day of April, in the year 2023.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Phil Vaughn Construction Management, Inc
c/o Phil Vaughan - President
1038 County Road 323
Rifle, CO 81650
Phone: 970-625-5350
For the Following Project:
2023-169 Construction Inspection Services - Garmisch and Hallam Stormpipe and Watermain
Replacement
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: May 2023
Resolution No.:_2023-072
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $61,861.00
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Agreement Professional Services Page 1
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
October 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. Professional may charge the
City an additional service charge of 1.5 percent per month of the amount unpaid and undisputed or
the maximum percentage allowed by law, whichever is less, if not paid within thirty (30) days after
date of invoice receipt by the City.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by giving
notice, in writing, addressed to the other party, specifying the effective date of the termination. No
fees shall be earned after the effective date of the termination. Upon any termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other
material prepared by the Professional pursuant to this Agreement shall become the property of the
City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the
City may withhold any payments to the Professional for the purposes of set-off until such time as the
exact amount of damages due the City from the Professional may be determined. If the City fails to
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Agreement Professional Services Page 2
make payments to the Professional of undisputed amount properly due in accordance with this
Agreement, the Professional may provide written notice of such failure. If the City fails to make
payment within (14) days of receipt of such notice, such failure shall be considered substantial
nonperformance and cause for termination or, at the Professional’s option, cause for suspension of
performance of services under this Agreement. If the Professional elects to suspend services, the
Professional shall give an additional seven days’ written notice to the City before suspending services.
In the event of suspension of services, the Professional shall have no liability to the City for delay for
damage caused to the City because of such suspension of services. Before resuming services, the
Professional shall be paid all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Supplier’s services. The Professional’s fees for the remaining
services and the time schedules shall be equitably adjusted.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
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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
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.
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(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
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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
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional 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).
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3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional
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, Professional certifies and represents that at this time:
1. Professional 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. Professional 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.
Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional 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. Professional 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 Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
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Professional shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Professional violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional’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.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
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18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
22. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
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because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
27. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: Philip B. Vaughan________
[Name] [Name]
Title: ____________________________ Title: President______________
Date: ___________________ Date: ___________________
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Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasing | Aspen, CO
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
3.1 Information to be Provided by City of Aspen
To assist in meeting the construction inspection objectives, the City of Aspen will provide the bid-ready
project manual and drawings for the project. Final construction Contract Documents will be provided to the
awarded Offeror once documents are fully conformed. The proposed construction schedule will be provided
for reference when available.
3.2 Scope Required by Selected Offeror
The scope of services set forth in this Request for Proposals represents an outline of the services for which the
City anticipates the successful offeror to perform and is presented primarily for purposes of allowing the City to
compare proposals. The precise scope of services to be incorporated into the Professional Services Agreement
shall be negotiated between the City and the successful offeror. The scope provided is not intended to be
complete. Offeror should, based on their expertise, consider additional tasks that may be required to complete
the project, identify those areas recommended for revision and why.
A. Propose Construction Inspection Services
Refer to the inspection services requested under Section 3.3 for “Project Inspector”, below.
3.3 Construction Inspection Responsibilities
The responsibilities for each of the roles identified have been established to ensure that the project is
constructed in conformance with the construction contract and that all required documentation, testing, etc. is
completed to comply with the contract and funding sources. Based on the project needs, these responsibilities
may be shifted or shared among team members.
Project Manager (not included in the scope of this RFP): The City’s assigned Project Manager
for the construction project (Hallam Garmisch Storm and Water Replacement Project).
o The Project Manager will be the City’s administrative point of contact for the construction
contract.
o The Project Manager will manage communications with private property owners, as
necessary.
o The Project Manager will review applications for payment after Project Engineer and
Inspector’s recommendation. Approve and coordinate payments with City’s accounts
payable.
o The Project Manager will verify internal funding.
o The Project Manager will be the decision maker, after consultation with Project Engineer,
on change order requests (CORs).
Construction Administration - Project Engineer (not included in the scope of this RFP): The
Project Engineer will be expected to perform the following duties for construction administration
(CA) services:
o Attend the in-person pre-construction meeting with the City and Contractor(s). Coordinate
and direct the pre-construction meeting, including drafting agenda and minutes.
o Review and respond to Contractor’s requests for information (RFIs) during construction.
o Review Contractor’s payment applications and CORs. Prepare change orders, as
necessary, for Owner and Contractor signatures.
o Review, approve and distribute Contractor’s submittals, as necessary. Maintain
administrative files and documentation for submittal, RFI, and COR tracking.
o Participate in weekly construction meetings to maintain project schedule and address
issues as they arise.
o Assist with start-up and testing to demonstrate the system meets the functional, technical
and process design criteria in the Contract Documents.
o Substantial Completion walkthrough & Punchlist generation, in coordination with the
Project Inspector.
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o Assistance with project closeout
o Final Completion walkthrough.
o Coordinate as-built project documents to City.
Construction Inspection - Project Inspector: The Project Inspector will be expected to provide
the following services:
o Provide part-time inspection for the duration of the project. The inspector shall be on site
for observation of the construction work, particularly for the following portions of work:
Storm and water pipeline replacement.
Excavation, installation, and backfill.
Watermain distribution line testing
o Serve as the field/construction point of contact.
o Participate in weekly construction meetings to maintain project schedule and address
issues as they arise.
o Independently monitor and inspect the progress and construction methods to ensure the
project is meeting contractual requirements. Provide field checks of the materials being
used and quality of workmanship, calculate the quantities of materials installed, rev iew
contractor payment applications and review any deviations from the Contract Documents
or existing conditions.
o Provide comments, verification of quantities and/or estimates of percent completion of work
to Project Engineer for Project Engineer’s use in recommendation for payment.
o Maintain daily inspection reports, which record the work in progress, pay quantities, labor
and equipment employed, site conditions, weather, visitors, accidents, plan revisions, and
other information affecting the work performed.
o Monitor work zone traffic control.
o Provide daily and regular correspondence with the Contractor’s designated point of
contact.
o Regularly update the Project Engineer and Project Manager by phone, email, or meeting,
as necessary to keep the City inform ed of progress or issues on the project.
o Communicate and resolve field problems with contractors, Project Engineer, Project
Manager, utility companies, and affected parties.
Field issues related to the construction project’s Contract Time and/or Contract
Price shall require immediate communication with the City’s Project Manager and
with the Project Engineer.
Field issues related to the construction project’s communication an d/or
coordination with private property owners and/or other affected parties (i.e.,
Yellowbrick School, Red Brick Center, Roaring Fork Transportation Authority
(RFTA), neighboring houses, etc.) shall require immediate communication with the
City’s Project Manager.
o Develop punch list in coordination with the Project Engineer.
o Check forms prior to all concrete pours.
o Inspect asphalt placement for compliance to specs.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
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MEMORANDUM
TO:Mayor and City Council
FROM:Scott Chism, Director of Business Services
THROUGH:Austin Weiss, Parks and Recreation Director
MEMO DATE: May 1, 2023
MEETING DATE:May 9, 2023
RE:Project # 2023-140 Lewis Ice Arena Roof Repair
REQUEST OF COUNCIL:
The Business Services Department is seeking City Council approval of a contract with Roofmasters
Roofing and Sheet Metal Co. Inc for the installation and fabrication of a new roof on the Lewis Ice Arena,
which will also result in a $251,200 budget increase for Capital project 51654 Lewis Ice Arena Roof
Repair.
SUMMARY / BACKGROUND:
The large standing seam metal roof over the Lewis Ice Arena (LIA) has been subject to leaks since soon
after its original construction completion in 2002. The leaking condition of the 20-year old metal roof is
extensive and is primarily caused from the original method of metal roof panel delivery and installation.
Metal roof panels were spliced at two locations due to length as dictated by shipping constraints at the
time of installation. The splices between metal panels have been subject to thermal
expansion/contraction impacts over the roof’s 20-year lifespan.
Various efforts to solve the underlying cause of the roof leaks in years past have not been successful. A
significant public safety hazard arises when leaks occur during rainfall or snowmelt events. Dripping
water from the arena ceiling cause stalagmites to form on the ice surface, which in turn prevents safe
use of the ice rink. Recreation programming is negatively impacted.
DISCUSSION:
The primary goal of this project is to complete a metal panel retrofit recover over the existing metal
panel roof system in 2023. This facility need has been a planned capital improvement since 2020.
Business Services Facilities staff completed extensive research to identify a roof system that would be a
long-term solution for the facility and would avoid a major operational impact to the ice rink during
installation. Staff targeted and solicited qualified roofing system engineers in 2022 to design a
continuous seamless roof panel system that can be roll-formed on site. The new roof system that has
been designed for the LIA roof includes a construction assembly that allows the existing roof to be
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overlayed with continuous seamless metal panels roll-formed on site while also avoiding an operational
shut-down during the roof repair work. The elimination of seams equates to a consistently solid roof
surface, significantly limiting the potential for leaks. The continuous seamless roof panel system that
has been designed for the LIA is a specialized system (known in the industry as ‘Roofhugger’) that a
limited number of roofing contractors across the United States are qualified to correctly install.
The engineered roof design was completed in February and project construction was solicited in March-
April via a Request for Proposals (RFP) process. The City received six (6) proposals from roofing
contractors that were qualified to install the specified ‘Roofhugger’ continuous seamless roof panel
system at the LIA. All six (6) proposals received are in excess of the project’s $700,000 budget.
The proposals have been reviewed by an eight-person evaluation group including City staff, the
consulting engineers, and a representative of the specified ‘Roofhugger’ roof system. The evaluation
group unanimously selected the contractor, Roofmasters Roofing and Sheet Metal Co. Inc. as the most
qualified and best priced proposal to complete the roof repair work at the LIA. The cost proposal of
$951,200 from Roofmasters Roofing and Sheet Metal Co. Inc. was the second lowest of the proposals
received but still is unfortunately over the project construction budget. The highest proposal received
from a qualified contractor was double the budget at $1.4 million.
The reasons for the delta between project construction budget revised and submitted in Q1 2022 and
proposal values obtained in Q1 2023 are directly related to volatility in material costs and labor market
conditions. Staff consulted with qualified roofing contractors as much as possible in 2020, 2021 and
early 2022 to establish an adequate long-range design and construction budget for the project. The
engineering design budget has been adequate to meet the engineering and design needs of the project.
The construction project budget was increased by $100,000 during the 2022 Capital budgeting process
to anticipate material and labor escalations for a 2023 implementation but the increase in budget was
not large enough to compensate for volatile material and labor market conditions.
Labor is a significant component of the LIA roofing project and any contractor completing the specialized
roof work will need to bring their crew(s) in into the Roaring Fork Valley and work within the region’s
lodging/housing challenges and costs.
The overall market conditions for rolled steel supply have fluctuated over the last 6 months. Industry
recommendations are that customers should understand that time is critical. Data sourced from Steel
Dynamics Inc. steel mills and steel product supplier, Sheffield Metals International, indicate that in Q1
2023 high customer demand remains and that a 15% price increase in steel supply in the last 60 days has
occurred. Although not guaranteed, industry representatives foresee a continued climb in pricing for
steel fabrication and rolled raw material costs.
Staff have confirmed that the six (6) Offerors who submitted proposals for the project, including
Roofmasters Roofing and Sheet Metal Co. Inc. will hold their price proposals until May 31, 2023. After
May 31, pricing will likely change in an upward direction according to all of the Offerors.
FINANCIAL/BUDGET IMPACTS:
This project has a current 2023 budget of $700,000 within the Parks and Open Space Fund (Fund 100).
The capital project (#51654) was initial planned for our of the Asset Management Plan Fund (Fund 000)
but was transferred to the 100 Parks Fund in 2023 to better allow for funding of this large capital project
need. The long-range capacity of the Parks and Open Space Fund can absorb the proposed $251,200
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budget increase for the project. If City Council approves this contract, due to timing of this action, a
$251,200 budget increase for this project will be incorporated into the Fall 2023 Supplemental packet.
ALTERNATIVES
Should Council elect not to approve the budget increase and contract for the capital roof repair project,
the critical roof repair at the Lewis Ice Arena will likely not proceed in 2023.
The value of the additional funding necessary to complete the project later in 2023 or 2024 will very
likely be greater than the $251,200 increase identified in this request due to current conditions of the
steel roofing materials and labor market. A new RFP solicitation would be issuedand any proposals
received would be evaluated, like what has already occurred from February-April of this year. Safety
challenges from a leaking roof over the ice sheet would continue to adversely affect public use of the ice
facility until such time as the roof was correctly repaired.
STAFF RECOMMENDATIONS:
Staff recommends approval of the contract with the vendor, Roofmasters Roofing and Sheet Metal Co.
Inc., and a $251,200 budget increase for Capital project 51654 Lewis Ice Arena Roof Repair in order to
allow project award of $951,200 to allow repair to occur in summer 2023.
CITY MANAGER COMMENTS:
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RESOLUTION #074
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ROOFMASTERS ROOFING & SHEET METAL CO. 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 Contract for
Construction services, between the City of Aspen and Roofmasters Roofing &
Sheet Metal Co. 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 that Contract
for, Lewis Ice Arena Roof Repair project between the City of Aspen and
Roofmasters Roofing and Sheet Metal Co. 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 ____ day of _________ 2023.
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, ___________2023.
Nicole Henning, City Clerk
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CONTRACT FOR CONSTRUCTION 2023-140
THIS AGREEMENT, made and entered into on April 28, 2023, by and between the CITY OF
ASPEN, Colorado, hereinafter called the “City”, and Roofmasters Roofing and Sheet Metal
Co. Inc. , hereinafter called the “Contractor”.
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project Lewis Ice Arena Roof Repair Project, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specifi ed, a sealed Bid in
accordance with the terms of said Invitation for Bids; and ,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore ,
and as a result of such canvass has determined and declared the Contractor t o be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth he rein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of “Notice to Proceed” and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Nine hundred fifty-one
thousand two hundred ($951,200) DOLLARS or as shown on the BID proposal.
5. The term “Contract Documents” means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
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6. The City shall pay to the Contractor in the manner and at such time as set for th in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, a nd assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements o f Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the ot her party.
9. 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 the Contractor or the City may
assign this Contract for Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney’s fees.
13. This Contract for Construction was reviewed and accepted 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 this Contract for Construction.
14. The undersigned representative of the Contractor, as an inducement to the City t o
execute this Contract for Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract for
Construction and that he/she has full and complete authority to enter into this Contract
for Construction for the terms and conditions specified herein.
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15. This Agreement and any amendments hereto may be executed in se veral 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 pa per 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.
16. Worker Without Authorization – 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 S tates. 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 Contractor 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 eff ort by a Contractor or a subcontractor not
involving the delivery of a specific end p roduct 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 St ates
By signing this document, Contractor certifies and represents that at this time:
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1. Contractor shall confirm the employment eligibility of all employees who are ne wly hired for
employment to perform work under the public contract for services; and
2. Contractor 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.
Contractor hereby confirms that:
1. Contractor shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services throu gh participation in
either the e-verify program or the department program.
4. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Contractor shall:
1. Notify such subcontractor and the Owner within three days that Contractor has actual
knowledge that the subcontractor is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subcontractor if within three days of receiving the notice
required pursuant to this section the subcontractor does not stop employing or contracting with
the worker without authorization; except that Contractor shall not terminate the Public Contract
for Services with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with a
worker without authorization.
Contractor shall comply with any reasonable request by the Colorado Department of Labor a nd
Employment made in the course of an investigation that the Colorado Department of Labo r and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8 -
17.5-102 (5), C.R.S.
If Contractor 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, Contractor shall be liable for actual damages to the Owner arising
out of Contractor’s violation of Subsection 8-17.5-102, C.R.S.
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It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Contractor 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 under taking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
18. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate th e Public
Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be
liable for actual and consequential damage s to the City of Aspen arising out of Contractor’s
violation of Subsection 8-17.5-102, C.R.S.
19. This Agreement and any amendments hereto may be e xecuted 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 P arties. 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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTESTED BY: CITY OF ASPEN, COLORADO
By:
Title:____________________________
APPROVED AS TO FORM:
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By:
City Attorney
CONTRACTOR: By:
Title:____________________________
General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website.
Purchasing | Aspen, CO
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract
shall be signed by a Principal and indicate title.
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President
5/1/2023 | 8:04:56 AM PDT
Luke Haines
153
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ____________________)
) SS.
COUNTY OF __________________)
On this _______ day of ________________________________, 20____, before me appeared
___________________________________________________, to me personally known, who,
being by me first duly sworn, did say that s/he is ___________________________________ of
_______________________________________________________ and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directo rs, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
______________________________________
Notary Public
______________________________________
Address
My commission expires: _______________________
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City of Aspen Project No: 2023-140
Lewis Ice Arena
Roof Repair Project
1. Introduc�on
Roofmasters Roofing & Sheet Metal Co., Inc O 785-628-3614 F785-628-1806
PO Box 664
2070 East 8th Street
Hays, KS 67601
Key Staff assigned to the project:
Project Es�mator off site PM
Lucas Haines, President
C 785-650-4500
lhaines@roofmastersroofing.net
2. Team with qualifica�ons plan on using for Aspen Project
Kyle Kinderknecht 785-656-2476
Project Superintendent on site / Roll forming Specialist since 2018
Kyle sets up our roll former and runs the panels at the job site
Kyle is QC for the panels and installa�on. 8 years experience
Juan Piedras 832-707-5527
Roofing Superintendent for Roofmasters since 2012 – 13 years
400,000 square feet of roof type 238T or equivalent
Kevin Wright 785-656-2983
Roofing Superintendent Since 1999 – 24 years
500,000 s.f. of metal roofing 238T or equivalent
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3. SOW scope of work
We will u�lize a large telehandler for roll forming opera�ons and other equipment as needed.
Safety : Site specific Safety plan will be formed and u�lized and a hazard assessment included
Install Roof Huggers per plans with soffit build out as specified.
Install 4.5 inch poly iso (same height as roof hugger) in insula�on adhesive.
Install one layer of McElroy epilay High temp ice and water over the en�re field of the roof.
Install con�nuous roof clips for all the roof panels.
Install McElroy 238t Roof system 16 inch oc. Per plans and specs.
Install rake angle, Sloted ZEE Rake and Rake assembly per McElroy spec./ plans
Custom Fold Trim to fit or cover as needed from McElroy sheet stock Kynar coated galvalume.
100% p and p bond. Maintenance bond included
20 yr mcelroy wty per spec
3a. Base Bid
3b Add alt 1.
Remove and replace sealant at windows at high eave. New backer rod as needed. High quality silicone
sealant as specified.
3c Add alt 2.
Install ½ inch HD iso coverboard over 4.5 inch iso and huggers, then install ice and water over field.
Coreten 22 ga per s.f. price for removal and replacement.
START / Comple�on:
Comple�on Date NOT later than October 31, 2023.
An�cipated start Late may or Early June but can be flexible.
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4. References:
James Douglas AVET contrac�ng
Cheyenne Wyoming Warren AFB
C: 478-334-0733 James Douglas <jimmy@avetroofing.com>
Base Readiness Standing Seam Roof replacement 238T
Lockheed Mar�n (2020)
Mike MacGregor cell 817-773-1796, mikemacgregor@estreet.com
B181 (12 inch wide 238T x 22 Gauge Roof replacement of old thru fastened panels
New steel blocking and Insula�on) (Kyle, Mike, Kevin, Andy)
160,000 s.f.
UPS Metal Roofing (2020)
Steve Prat, Hays, KS
425-894-6993 , wi-sdprat@outlook.com
238T Tall Clip Recover
8,000 s.f.
Palmer Tank / American Warrior (2023)
Steve Obrate, Garden City, KS Cell 620-271-4656, sobrate@pmtank.com
238T Replacement of old Standing Seam and repair Wind Damage exis�ng Framing
34,200 s.f.
City of Hays Public Works (2022)
Don Stejskal 785-623-0870
Replace exis�ng Metal roofs from Hail Damage
Install new 238T SSR
8,000 s.f.
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Hays High School USD 466 (2022)
Rusty Lindasy 785-623-2420, Rusty Lindsay <rlindsay@usd489.com>
Install new 238T 22 Gauge SSR system (Kyle)
26,000 s.f.
State Prin�ng Center, Jefferson City, MO (2022)
Eric Burket 573-680-4016, eburket@farmercompanies.com
Install new Roof Huggers and 238T SSR (Juan)
261,122 s.f.
Eads Colorado School District
Glenn Smith SUPT cell 719-438-2218
Standing Seam Roof 238T type (Kevin)
Other projects completed that have 238T type SSR
Vail Fire Sta�on, Vail, CO (Kevin)
Vail Ice Arena Vail, CO (Kevin)
Cheyenne Wyoming Warren AFB (Kyle)
Longmont School District (Kyle)
Beloit Catholic Church 138T SSR (kyle, Andy)
Western States University Gunnison 3 projects (Kevin, Andy)
Mears Hall WSU (Andy, Luke)
Peavey Ranch Gunnison (Kevin)
Cheraw School District (Kevin)
Saguache School District, Colorado (Kevin)
Kremmling High School (Kevin / Andy)
Fort Garland School District (Kevin)
Plainview High School, Colorado (Kevin)
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If more are requested please contact LUKE lhaines@roofmastersroofing.net
5. Cost Proposal and Schedule
Base Bid $930,000.00
Nine hundred thirty thousand dollars.
Alt 1 Add Alternate #1:
i. At the eight (8), rectangular windows located along the southeast wall
panel system adjacent to the in-scope area 1 roof system:
1. Remove exis�ng exterior perimeter window sealants.
2. Install new silicone sealant and backing material at the exterior
window frame to concrete building wall system joints.
3. Install new silicone sealant at window frame to window glass
perimeters.
Alt 1 ADD $4,600
Alt 2 coverboard mech atached no adhesive under the boards below
Alt 2 ADD $16,600.00
Alternate Price for CoreTen per sf. Removal and Replacement 7/8 inch corrugated 22 ga.
Price per s.f. coreten $12 per s.f.
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1
SPECIAL MEETING ASPEN CITY COUNCIL MARCH 20TH, 2023
At 4:13 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, Mesirow,
and Hauenstein present.
James R. True introduced the executive session and described the items on the agenda up for
discussion.
Councilor Hauensteinmotioned to move into executive session; Councilor Doyle seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
___________________________
Nicole Henning, City Clerk
165
1
REGULAR MEETING ASPEN CITY COUNCIL MARCH 28TH, 2023
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mesirow, and
Hauenstein present. Councilor Doyle was absent.
CITIZEN COMMENTS:
Patty Kravitz – Ms. Kravitz said thank you to Skippy and Rachel for their years of service and wished
them both well. She said she is here addressing the city instead of the county because APCHA controls
their deed restrictions. She spoke about Barry Crook and mistruths. She said the city is still refusing to
work with them.
Councilor Hauenstein saidMr. Crook used to work here and has since passed away and would like for his
name to not be besmirched.
Ed Cross – Mr. Cross said he is here on behalf of the Centennial HOA. He also thanked Skippy and Rachel
for their years of service. He is going to read a letter into the record that he also gave to City Clerk,
Nicole Henning, about correcting misinformation about Centennial. He addressed comments made at
the last meeting by Councilor Richards.
John Prunskis – Mr. Prunskis thanked council. He is here speaking about the Park Avenue repavement
project. He spoke about the study and referred to a part about having no stop sign. He said there have
been accidents around a blind curve going southbound. Pedestrians walk in the streets because the
sidewalks are covered with snow all winter. He spoke about water drainage including at his own home.
he said water load calcs have not been done so far and he would like some attention to that.
Mayor Torre asked if the engineering team had been by to speak with him and he said yes. he said they
are looking into the stop sign and agreed there have not been studies done so far of the water drainage.
Mayor Torre spoke Mr. Prunskis praises and how he was the previous Lithuanian consulate.
Councilor Hauensteinsaid he served on parliament in Lithuania as well. He mentioned that he sent a
letter of inquiry regarding the project as well.
Mayor Torre said he encourages and welcomes all members of the public to come to council for public
comment.
COUNCILMEMBER COMMENTS:
Councilor Hauenstein said it’s Skippy’s last meeting and he appreciates his four years of service and his
undying support of workforce housing and representing Aspen on the APCHA board. He also thanked
Rachel for her 30 plus years of service.
Councilor Richards said she doesn’t appreciate being the focus of Centennial’s ire. The problems of
Centennial are not unique to Centennial. There’s a big challenge here and there does need to be a
system put in place to deal with these situations fairly and equitably. There does have to be some give
and take.
Councilor Mesirow saidthis is his last in person meeting. He said thank you. It was not always easy and
not always fun. He thanked council for being welcoming and thanked staff for everything they do. It has
been truly an honor to be a part of this. He will be around for a long time and wishes everyone the best.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 28TH, 2023
Mayor Torre thanked Skippy and Rachel. We have some tokens of appreciation for your service. He told
Councilor Mesirow that he has been a very valuable part of council. You aren’t going anywhere. He said
there were a few misstatements in what Centennial said. He said the characterization of council
“faulting” Centennial residents is not correct at all. It is limited dialogue in the room because of the
pending lawsuit. He wishes some of them have been at the table over the past 20 years. He is really
appreciative of them being here now. He said he did volunteer work today for the Aspen Elks lodge and
went to Basalt today to assist with a lunch. Please be aware of avalanche danger. We have some funky
conditions out there and have had a couple of recent losses. This snow is heavy and not to be messed
around with.
Mayor Torre mentioned that the City Manager had to step out and passed on her comments.
Mayor Torre said Councilor Doyle was in touch regarding consent items and is currently on Spring break
with his daughter.
BOARD REPORTS:
Councilor Richards said she has APCHA next week to move forward on right sizing. She said Skippy will
zoom in, but she will be there for the vote.
Councilor Mesirow said he had NWCOG, and he got some good stats on challenges and successes
regionally regarding climate and water health.
Mayor Torre said he started the day at an ACRAmeeting with Matthew Gillen as the presenter. It was a
really great meeting regarding the housing summit that took place last week.
Councilor Hauenstein said he had a CORE retreat where they discussed their strategic plan. He also had
a RFTA planning session for their annual retreat.
CONSENT CALENDAR:
Mayor Torre pulled Resolution #047 and Councilor Hauenstein pulled Resolution #041.
Resolution #041, Series of 2023 - Temporary Pavement Art Pilot – Trish Aragon, City Engineer and PJ
Murray, Civil Engineer.
Councilor Hauenstein said he is concerned about paint being slippery on the pavement when it rains. It’s
a safety issue. He’s also concerned about the Aspen Ideas Festival being given full control of the Aspen
Community Values as well as concerned about the funding line item.
Ms. Aragon recognized the project team. Ms. Murray said they consulted with Boulder and Ft. Collins on
their similar projects. The paint they will be using will not be slippery. These intersections don’t see the
high vehicle traffic so that is why the particular area was chosen. The Ideas Fest is hosting evening talks
at the Wheeler after we debut this and the fund was set up to address deterioration. Councilor
Hauenstein said there were no visuals in the packet to know what to expect, but what’s in Boulder is
really exciting.
Councilor Mesirow said he’s super excited about this.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 28TH, 2023
Ms. Murry said the plan is to install mid-June the week after Food & Wine. It will ask for 3-day road
closure and the community can come help paint. It will be laid out as a paint by number. It is on a bus
route and there will be outreach.
Resolution #047, Series of 2023 – Burlingame Early Childhood Education Center Contract - Change
Order 2 – Jen Phelan, Project Manager.
Mayor Torre said he hasn’t been approving of this moving forward.
Councilor Mesirow said he also hasn’t been supportive and asked about pushing the item for the will of
the council.
Councilor Richards said she thought they had all agreed to move forward with the design. We’ve already
expended a significant amount of money already to get it to this point. She spoke about a waitlist issue.
She agrees and continues to support the item to get it to a safe holding place.
Ms. Phelan said it will delay moving forward and we were trying to wrap this up.
Councilor Richards motioned to move Resolution #047 to the April 11
th meeting, Councilor Mesirow
seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion
carried.
Councilor Richards motioned to approve the remainder of the consent calendar; Councilor Mesirow
seconded.
Councilor Richards asked if someone from Open Space and Trails could speak about the COBS property -
Matt Kuhn & Austin Weiss of the Parks Department, and Brian Hightower of Aspen Valley Land Trust.
Mr. Kuhn said they are in supporting role as this is owned by Outward Bounds at the Marble base camp
where all students in the valley visit. We reached out at the last meeting, and council recommended
support of this acquisition, so we are committing funds to this and are happy to be partners.
Mr. Weiss said the idea is to expand those opportunities for kids in the valley where outdoors are
concerned.
Councilor Richards said they are happy to participate and it’s a great regional cooperative effort.
Councilor Hauensteinsaid John Speiss was passionate about supporting this and he is also an
enthusiastic supporter of this as well.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS: – Discussion Regarding Senate Bill 23-213 – Jen Ooton, Sr. Project Manager
City Manager, Sara Ott, provided a brief overview of the bill. She said senate is discussing amendments
to this tonight at roundtable. She said Ben Anderson is here also to answer questions.
Mr. Anderson said regarding impacted communities, there are tiers of regulations that would impact
different cities.
Ms. Ooton ran down the policy areas addressed in this bill. She and Ms. Ott do think it would be easily
implemented in Aspen. A lot of what is in the bill are things we already do.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 28TH, 2023
Mr. Anderson said a lot of the detail related to density, height, etc. would be determined in the future
by DOLA action.
Ms. Ooton said it doesn’t require counties to participate so this could be an area of potential concern.
Councilor Richards said she has a lot of concerns, and she can’t support this bill in any shape or form.
Mayor Torre said they all agree there are several problems with this.
Ms. Ott said a draft handout was what is being presented by CAST, and all 15 communities want to see
affordable housing addressed. If this is passed with the CAST board tomorrow, it will be presented to all
communities identified as job centers.
Councilor Hauensteinsaid Mayor Torre should be the spokesperson for council. Mayor Torre said he’s
already involved and would love to be.
Councilor Mesirow said there are a lot of red flags here. A lot of things would have to be fixed in order
for him to support this.
Ms. Ott asked for a summary and Mayor Torre said they are supportive of participation in a discussion
with CAST and others in supporting opposition unless amended. He will also be the spokesperson.
Councilor Richards said she won’t attend CML tomorrow if Ms. Ott or someone else wants to attend.
Councilor Mesirowmotioned to adjourn; Councilor Hauenstein seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
___________________________
Nicole Henning, City Clerk
169
MEMORANDUM
TO:Mayor and City Council
FROM:Pete Strecker, Finance Director
MEETING DATE:May 9, 2023
RE:Municipal Code Updates for Voter Approved Short-Term Rental
Taxation
REQUEST OF COUNCIL:Staff requests Council approval of the needed changes to the
City’s Municipal Code to reflect a new short-term rental tax after 61.67% voted in favor of
the new taxation question on the November 8, 2022 ballot.
SUMMARY AND BACKGROUND: The public was asked whether it supported a new
excise tax on nightly stays at short-term rental properties beginning on or after May 1,
2023. This new tax, equal to 5% of the nightly rate on both lodge exempt and owner-
occupied units or 10% on second homeowner / investment properties, is estimated to
generate roughly $9.14M in its first full year of collection in 2024, with not less than 70%
designated towards funding affordable housing for the community, and the remainder for
infrastructure maintenance and repair and environmental initiatives.
DISCUSSION: Following the successful adoption of the new tax by voters, the City must
update its Municipal Code to incorporate the additional definitions and taxation
percentages. This ordinance is therefore just a technical action to further codify voter
approval received last November.
FINANCIAL IMPACTS: As noted above, the estimated first full year of tax collections
was estimated at roughly $9.14 million. These revenues were not initially incorporated
into the City’s 2023 Budget as voter approval was not known until late in the year, but will
be incorporated into future budget actions as Council direction is received on how to apply
these funds going forward.
RECOMMENDATIONS:Staff recommends approval of Ordinance #9 (Series 2023) on
second reading, to incorporate updated voter approved taxation of short-term rentals in
the City’s Municipal Code.
CITY MANAGER COMMENTS:
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1
ORDINANCE NO. #9
SERIES OF 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 23 OF THE ASPEN MUNICIPAL CODE BY ADDING CHAPTER
23.54 ENTITLED “SHORT-TERM RENTAL TAX” TO INCLUDE THE NEW EXCISE
TAX ON SHORT-TERM RENTALS APPROVED BY THE CITY ELECTORATE ON
NOVEMBER 8, 2022 AND SETTING FORTH DETAILS IN REGARDS THERETO
WHEREAS, at an election held on November 8, 2022, a majority of the voters of the City
of Aspen voted YES to the following ballot question:
CITY OF ASPEN – SHORT TERM RENTAL TAX.
SHALL CITY OF ASPEN TAXES BE INCREASED NOT MORE THAN $9,140,000
COMMENCING MAY 1, 2023, AND BY WHATEVER AMOUNTS ARE GENERATED
ANNUALLY THEREAFTER BY THE IMPOSITION OF AN EXCISE TAX OF NOT MORE
THAN 10% ON THE AMOUNT CHARGED ON A NIGHTLY ROOM RATE AT ANY
ACCOMMODATION OR BUSINESS THAT IS REQUIRED TO OBTAIN A SHORT-TERM
RENTAL PERMIT FROM THE CITY; PROVIDED HOWEVER THAT:
• SUCH TAX SHALL BE APPLIED TO “LODGE EXEMPT PERMIT PROPERTIES” AS
HEREAFTER DEFINED IN AN ORDINANCE OF THE CITY COUNCIL, WITH A SHORT-
TERM RENTAL PERMIT STR-LE, AT 5.0 %;
• SUCH TAX SHALL BE APPLIED TO “OWNER OCCUPIED UNITS” AS HEREAFTER
DEFINED IN AN ORDINANCE OF THE CITY COUNCIL, WITH A SHORT-TERM RENTAL
OWNER OCCUPIED PERMIT STR-OO AT 5.0%;
• AND 2ND HOMEOWNER, INVESTMENT PROPERTY UNITS AS HEREAFTER
DEFINED IN AN ORDINANCE OF THE CITY COUNCIL, WITH A SHORT-TERM RENTAL
PERMIT STR-CLASSIC AT 10%;
AND SHALL AT LEAST 70% OF THE REVENUE GENERATED FROM SUCH TAX BE
UTILIZED FOR THE PURPOSE FUNDING AFFORDABLE HOUSING AND SHALL THE
REMAINDER OF THE REVENUE GENERATED FROM SUCH TAX NOT UTILIZED FOR
AFFORDABLE HOUSING BE UTILIZED FOR INFRASTRUCTURE MAINTENANCE AND
REPAIR AND FOR ENVIRONMENTAL INITIATIVES; AND SHALL THE CITY BE
AUTHORIZED TO COLLECT, KEEP AND SPEND THE REVENUES FROM SUCH TAX AND
ANY INVESTMENT INCOME THEREFROM NOTWITHSTANDING THE LIMITS OF ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION?; and
WHEREAS, City Council for the City of Aspen now desires to amend the City Municipal
Code by adding a new Chapter 23.54 to include the excise tax applicable to short-term rental
properties as approved by the electorate and provide further instruction concerning the collection
and enforcement of said tax.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT;
Section 1.
Title 23 of the Aspen Municipal Code is hereby amended by the addition of a new Chapter 23.54
entitled “Short Term Rental Tax”.
Chapter 23.54. SHORT-TERM RENTAL TAX
Sec. 26.54.010. Legislative Intent. The City Council finds and determines that the short-term
rental market in the City has increased the pressures on the community to provide essential services
and affordable housing, and imposing a tax on short-term rentals as set forth herein is an equitable
means of recovering costs to the community incurred through the deliver of essential services to
residential and lodging exempt properties used as short-term rentals, including community
policing, utilities services, transit, transportation, and pedestrian infrastructure, and affordable
housing.
Sec. 23.54.020. Definitions.
Unless the context clearly indicates otherwise, the following words and phrases as used in
this Chapter shall have the following meaning:
Short-Term Rental (“STR”) means the use or occupancy of a residential property or
dwelling unit, in whole or in party, by the general public for a fee, primarily for tourist
accommodations, and for a period of less than thirty (30) days. Timeshare, hotel, motel, and bed
and breakfast uses are not short-term rental uses.
STR Permit means an STR permit issued pursuant to Chapter 26.530 of this Code.
Sec. 23.54.030 Imposition and Collection; Distribution; Effective date
a)STR Tax Levied. There is hereby levied a tax or an excise for the privilege of providing
short-term rental accommodations within the City pursuant to an STR Permit. The rate
levied shall be as follows:
The rate levied upon Lodging Exempt Short Term Rental properties as defined in
Section 26.530.030(b)(3) of this Code issued an STR-LE permit shall be five percent
(5.0%) on the nightly room rate.
The rate levied upon Owner Occupied Short-Term Rental properties as defined in
Section 26.530.030(b)(2) of this Code issued a STR-OO permit shall be five and
four-tenths percent (5.0%)on the nightly room rate.
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3
The rated levied upon Short-Term Rental Classic properties as defined in Section
26.530.030(b)(1)of this Code issued an STR-C permit shall be ten percent (10%) on
the nightly room rate.
b)Imposition and Collection. The tax specified in this Section is imposed upon any
accommodation or business that is required to obtain an STR Permit pursuant to Chapter
26.530. Any person or business issued an STR Permit shall collect the tax and remit it to
the City pursuant to Chapter 23.08 of this Code.
c)Application of Funds. At least seventy percent (70%) of the funds received by the City
shall be deposited in the City’s Affordable Housing Fund and shall be used for purposes
of funding affordable housing. Any funds not utilized for affordable housing maybe used
for infrastructure, maintenance, and repair, and for environmental initiatives.
d) Effective Date. The provisions of this Chapter shall be effective upon the first (1
st) day
of May, 2023 (May 1, 2023) and shall continue to be levied and collected until amended
or repealed by ordinance.
e) The tax imposed in this Chapter shall be in addition to all other taxes imposed by law.
Sec. 23.54.040. Administration.
The administration of this Chapter is hereby vested in the Finance Department. The Finance
Director shall prescribe forms and administrative procedures for the ascertainment, assessment,
and collection of the tax not inconsistent with this Chapter, and for the enforcement of this
Chapter.
Sec. 23.54.050. Violations and Penalty.
Failure to comply with the terms of this Chapter by payment of taxes, filing of a return and
otherwise complying with the terms of this Chapter shall constitute an offense in violation
thereof, punishable, upon conviction, by a fine, imprisonment or both a fine and imprisonment,
as set forth in Section 1.04.080 of this Code.
Sec. 23.54.060. Civil Action for Recovery of Tax Due
The City shall have the right to recover all sums due under the terms of this Chapter by
judgment and execution thereon in a civil action in any court of competent jurisdiction. Such
remedies shall be cumulative with all other remedies provided herein for the enforcement of
this Chapter.
Section 2:
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4
Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
11th day of April 2023.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this 9th day of May2023.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
APPROVED AS TO FORM:
_____________________________
James R. True, City Attorney
174
MEMORANDUM
TO: City Council
FROM: Matt Grau, Budget Manager
THROUGH: Sara Ott, City Manager
Pete Strecker, Finance Director
MEETING DATE: May 09, 2023
RE: Ordinance 7 Second Reading – 2023 Spring Supplemental
Request of Council: Staff is requesting an amendment to the City’s 2023 budget that increases total
expenditure appropriations, including transfers, from $172.1 million to $237.8 million. This $65.8 million
increase includes $3.3 million in new requests, $54.5 million in operating and capital carryforward
requests, $4.6 million of technical adjustments, and $3.4 million in departmental savings. There are $4.2
million in revenue adjustments and transfers. Total increases of $50,386 in revenue inflows and $212,350
in expenditures, equating to a net change of ($161,964) were made after the first reading.
Previous Actions: Council adopted the original 2023 Budget in November 2022 (Resolution 124 (Series
2022)). Staff has provided periodic updates to Council on updated revenue and expenditure forecasts since
the passage of the budget. In addition to the items in the first reading, the following changes are
incorporated:
1) Technical adjustment for use of Recreation departmental savings of $28,780 to purchase a
new electronic indoor Kilter climbing board and safety padding at Red Brick.
2) Water Utility fleet replacement of a damaged/totaled vehicle. Insurance payment of $21,606
partially offsets the $50,000 expense of the new more efficient hybrid vehicle, replacing the
former gas one.
3) The waterline and stormwater capital project at Hallam & Garmisch, approved by Council
on April 25, 2023. This includes the reduction of Engineering capital ($335,000), increase in
Water Utility capital $452,770, and additional dedicated use of American Rescue grant
funding from the Stormwater Fund in the $1.6 million capital project.
Discussion: The projected 2023 ending fund balance increases by $14.6 million or 7.0% over opening
fund balance estimates included in the original adopted budget after adjusting for increased revenues and
aligning timing for appropriations between fiscal years.
Opening
Fund
Balance Total Inflows Total Outflows Net Change
Ending Fund
Balance
Original Budget $207,713,531 $186,656,267 ($172,052,910)$14,603,357 $222,316,887
Spring Supplemental Adj. $61,613,504 $4,179,604 ($65,770,087) ($61,590,483) $23,022
Revised Annual Budget $269,327,035 $190,835,871 ($237,822,997)($46,987,126) $222,339,909
Pursuant to state regulations, remaining unspent appropriation authority must be re-authorized by the City
Council in the new fiscal year for multi-year projects. Capital funding is $55.5 million of the $65.8 million
requested; that includes $8.2 million for completion of Burlingame Phase III.
2023 Budget Ordinance No. 7 - Page 1 175
New requests (Exhibit B) are items that were not incorporated into the initial 2023 Budget and reflect
recommendation to address staffing needs or to support Council goals. These requests include one-time
and on-going Operating, as well as new 2023 Capital projects.
1. New funding requests for 3.2 net new FTEs: A new CRM Administrator for increased support of
SalesForce, a net zero request to shift a Maintenance Tech from temporary to permanent within
Recreation, a new Landscape Architect in Parks, a Project Manager in Business Services, and the
reduction of one intern position for Kid’s First to offset the permanent increase from 0.8 to 1.0
FTE for their Administrative Assistant position.
2. A three-year plan for professional services to support the Planning department.
3. Authorization for new capital for the Armory Building and Rio Grande restaurant infrastructure.
4. One-time expense increase requests to cover higher 1Q23 natural gas costs at five City assets.
5. New capital request to replace three boilers that have reached end of life at Wheeler Opera House.
6. Rio Grande Parking Garage Improvements.
7. Two new capital projects to support Employee Housing.
8. IT Redundancy planning to increase broadband speeds and data backup and recovery.
Section 2 of Ordinance No.7 requests to increase the 2023 budget authority for Truscott II Affordable
Housing Fund by $89,081 to continue design work for the stairway replacement approved by Council in
Ordinance No. 18, Series 2022. This is the only adjustment to the City of Aspen component unit funds.
Recommendations: Staff recommends second reading approval of the revised spending plan for 2023
(Ordinance 7), to incorporate the additional authority requested through this Spring Supplemental.
City Manager Comments:
2023 Budget Ordinance No. 7 - Page 2 176
Exhibit A: City of Aspen 2023 Appropriations By FundSection 12023 Revised Opening Balance2023 Adopted Revenue2023 Spring Supplemental Revenue2023 Amended Revenue Budget2023 Adopted Expense2023 Spring Supplemental Expense2023 Amended Expense Budget2023 Ending BalanceGeneral Governmental Fund 001 ‐ General Fund$35,263,260$44,289,750 $115,162 $44,404,912 $44,228,400 $3,743,320 $47,971,720$31,696,452Subtotal General Gov't Funds$35,263,260$44,289,750 $115,162 $44,404,912 $44,228,400 $3,743,320 $47,971,720$31,696,452Special Revenue Governmental Funds100 ‐ Parks and Open Space Fund$18,859,089$19,392,960 $0 $19,392,960 $24,461,710 $4,195,433 $28,657,143$9,594,906120 ‐ Arts and Culture Fund$50,067,343$6,383,940$0 $6,383,940 $12,124,940 $2,065,758 $14,190,698$42,260,585130 ‐ Tourism Promotion Fund$187,139$4,095,250$0 $4,095,250 $3,995,250$0 $3,995,250$287,139131 ‐ Public Education Fund$1$4,317,120$0 $4,317,120 $4,317,120$0 $4,317,120$1132 ‐ REMP Fund$2,361,656$800,000$0 $800,000 $1,480,600$0 $1,480,600$1,681,056141 ‐ Transportation Fund$19,829,638$6,012,850$0 $6,012,850 $5,127,230 $709,782 $5,837,012$20,005,476150 ‐ Housing Development Fund$54,307,188$33,710,060 $3,578,317 $37,288,377 $5,498,090 $31,871,622 $37,369,712$54,225,853152 ‐ Kids First Fund$8,062,910$4,165,150$0 $4,165,150 $4,076,290 $1,272,656 $5,348,946$6,879,115160 ‐ Stormwater Fund$3,314,440$3,613,410$0 $3,613,410 $4,489,600 $156,997 $4,646,597$2,281,253Subtotal Special Revenue Funds$156,989,404$82,490,740 $3,578,317 $86,069,057 $65,570,830 $40,272,248 $105,843,078$137,215,384Debt Service Governmental Fund250 ‐ Debt Service Fund$305,416$6,225,867 ($175,747) $6,050,120 $6,050,120$0 $6,050,120$305,416Subtotal Debt Service Fund$305,416$6,225,867 ($175,747) $6,050,120 $6,050,120$0 $6,050,120$305,416Capital Projects Governmental Funds000 ‐ Asset Management Plan Fund$31,384,101$5,856,600 $148,780 $6,005,380 $8,503,410 $4,359,690 $12,863,100$24,526,381Subtotal Capital Fund$31,384,101$5,856,600 $148,780 $6,005,380 $8,503,410 $4,359,690 $12,863,100$24,526,381Enterprise Proprietary Funds421 ‐ Water Utility Fund$16,224,648$12,127,120 $117,717 $12,244,837 $12,830,280 $7,862,917 $20,693,197$7,776,288431 ‐ Electric Utility Fund$8,139,264$11,422,640$0 $11,422,640 $12,768,150 $1,629,042 $14,397,192$5,164,712451 ‐ Parking Fund$5,192,915$4,302,770$0 $4,302,770 $4,527,220 $824,029 $5,351,249$4,144,436471 ‐ Golf Course Fund$1,675,345$3,023,200$0 $3,023,200 $3,229,090 $251,122 $3,480,212$1,218,333491 ‐ Truscott I Housing Fund$1,553,164$1,462,210$0 $1,462,210 $1,585,800 $571,540 $2,157,340$858,034492 ‐ Marolt Housing Fund$1,985,358$1,609,560$0 $1,609,560 $1,840,590 $40,210 $1,880,800$1,714,118Subtotal Enterprise Funds$34,770,694$33,947,500 $117,717 $34,065,217 $36,781,130 $11,178,860 $47,959,990$20,875,921Internal Proprietary Funds501 ‐ Employee Benefits Fund$2,597,951$6,731,400$0 $6,731,400 $6,377,930$0 $6,377,930$2,951,421505 ‐ Employee Housing Fund$6,498,585$3,844,200$0 $3,844,200 $1,255,630 $4,725,645 $5,981,275$4,361,510510 ‐ Information Technology Fund$1,517,623$3,270,210 $395,375 $3,665,585 $3,285,460 $1,490,324 $4,775,784$407,424Subtotal Internal Service Funds$10,614,159$13,845,810 $395,375 $14,241,185 $10,919,020 $6,215,969 $17,134,989$7,720,355ALL FUNDS$269,327,035$186,656,267 $4,179,604 $190,835,871 $172,052,910 $65,770,087 $237,822,997$222,339,909Less Interfund Transfers$30,900,450 $192,675$31,093,125$30,900,450 $192,675$31,093,125NET APPROPRIATIONS$155,755,817 $3,986,929 $159,742,746 $141,152,460 $65,577,412 $206,729,872
2023 Budget Ordinance No. 7 - Page 3 177
Exhibit B
Department/Description FTE
Operating
(On‐Going)
Operating
(One‐Time)Capital
Armory Building ‐ ACRA Tenant Build Out $200,000
Rio Grande Building Restaurant Infrastructure ‐ $200,000
119 Asset Management ‐ Subtotal:‐ $0 $0 $400,000
Air Quality Monitor Computer Replacement ‐ $25,000
431 Environmental Health ‐ Subtotal:‐ $0 $0 $25,000
000 ‐ Asset Management Plan Fund Total: ‐ $0 $0 $425,000
SIO ‐ IT CRM Administrator (50% funding requested in 2023)1.00 $67,010 $2,600
114 ‐ Manager's Office Subtotal:1.00 $67,010 $2,600 $0
Legal Fees Related to ABOR Lawsuit ‐ TBD
116 ‐ Legal Subtotal:‐ $0 $0 $0
Planning Support Services ‐ $350,000
122 ‐ Planning Subtotal:‐ $0 $350,000 $0
Use Unclaimed Property Funds for 3 E‐bikes and RQI Program ‐ $22,650
221 ‐ Police Subtotal:‐ $0 $22,650 $0
AM Gas 1Q23 Price Increase ‐ $26,000
321 ‐ Streets Subtotal:‐ $0 $26,000 $0
Convert Term Maintenance Tech to Permanent FTE 1.00 $0 $0
AM Gas 1Q23 Price Increase ‐ $87,000
542 ‐ Recreation Subtotal:1.00 $0 $87,000 $0
001 ‐ General Fund Total: 2.00 $67,010 $488,250 $0
Landscape Architect 1.00 $116,150 $3,340
Business Services Project Manager 1.00 $128,160 $2,600
Ute Cemetery Management Plan ‐ $35,000
Cozy Point Ranch Septic System ‐ $735,000
Harmony Park Irrigation Pump ‐ $89,000
100 ‐ Parks and Open Space Fund Total: 2.00 $244,310 $40,940 $824,000
AM Gas 1Q23 Price Increase ‐ $12,000
Wheeler 3 Boilers Replacement $500,000
513 ‐ Wheeler Opera House Subtotal:‐ $0 $12,000 $500,000
120 ‐ Arts and Culture Fund Total: ‐ $0 $12,000 $500,000
Bus Stop Maintenance ‐ $25,000
Short Range Transportation Plan ‐ $265,000
141 ‐ Transportation Fund Total: ‐ $25,000 $265,000 $0
2023 SPRING SUPPLEMENTAL NEW REQUESTS
2023 Budget Ordinance No. 7 - Page 4 178
Exhibit B
Department/Description FTE
Operating
(On‐Going)
Operating
(One‐Time)Capital
2023 SPRING SUPPLEMENTAL NEW REQUESTS
Refund and Partial Use Request ‐ Early Childhood Education Intern (0.80) $14,149 ($81,243)
152 ‐ Kids First Fund Total: (0.80) $14,149 ($81,243) $0
Design & Survey Work ‐ Ruedi Hydroelectric Facility Re‐Licensing ‐ $125,000
431 ‐ Electric Utility Fund Total: ‐ $0 $125,000 $0
Rio Grande Parking Garage Improvements ‐ $20,000 $225,000
451 Parking Fund Total: ‐ $20,000 $0 $225,000
AM Gas 1Q23 Price Increase ‐ $16,000
491 ‐ Truscott I Housing Fund Total: ‐ $0 $16,000 $0
AM Gas 1Q23 Price Increase ‐ $29,000
492 ‐ Marolt Housing Fund Total: ‐ $0 $29,000 $0
8 Water Place Basement Remodel ‐ $60,000
Conceptual Design for Streets Housing ‐ $15,000
505 Employee Housing Fund Total: ‐ $0 $0 $75,000
IT Redundancy Planning ‐ $13,560
510 ‐ Information Technology Fund Total: ‐ $13,560 $0 $0
Total New Requests ‐ Operating:3.20 $384,029 $894,947 $2,049,000
2023 Budget Ordinance No. 7 - Page 5 179
2023 Spring Supplemental New Requests
000 Asset Management – Armory Building ACRA Tenant Build Out
$200,000 (One‐Time)
What is the Financial Ask?
New Capital Request. Tenant remodel of the first floor of the Armory Building to allow the Aspen
Chamber Resort Association to relocation from the Old Power House building. Following Council’s
guidance on the current and future use of the Armory and Old Power House, this space update and
build out will allow the City to repurpose the Old Power House building for internal departmental use.
ACRA will be signing a lease and paying the City rent to offset increased operating expenses. The
remodel will include reconfiguration of the entry space for the ACRA welcome center, a refresh of the
public restrooms, new paint, flooring, and lighting.
2023 Budget Ordinance No. 7 - Page 6 180
2023 Spring Supplemental New Requests
000 Asset Management – Rio Grande Building Restaurant
Infrastructure $200,000 (One‐Time)
What is the Financial Ask?
New Capital Request. Per the lease agreement with the new restaurant tenant Yogis, the City of Aspen
is contributing $200,000 towards infrastructure costs to assist with the dumpster enclosure, a unisex
restroom and the ancillary infrastructure upgrades. All work will be contracted and performed by the
new restaurant tenant with the bulk of construction expected to be completed over the summer
months.
2023 Budget Ordinance No. 7 - Page 7 181
2023 Spring Supplemental New Requests
000 Asset Management – Air Quality Monitor Computer Replacement
$25,000 (One‐Time)
What is the Financial Ask?
New Capital Request. The replacement of the GRIMM particulate monitor's 8872 Agilaire datalogger
(computer), the ozone monitor's 8872 Agilaire datalogger (computer), and the ozone monitor's modem
needs to be completed prior to wildfire season (summer) so we do not risk having gaps in data during
that critical time. Both computer drives are aging and have been crashing lately resulting in a loss of air
quality monitoring data. After consulting with the Colorado Department of Public Health and
Environment (CDPHE), it was recommended that the computers be replaced. Ozone monitor is located
by the Parks Dept office at the intersection of Highway 82 and Cemetery Lane. The GRIMM is located
on the roof of the Yellow Brick building at 215 N Garmisch. Restricted Air Impact Fees will be used to
purchase the capital equipment. AMP fund to cover installation.
2023 Budget Ordinance No. 7 - Page 8 182
2023 Spring Supplemental New Requests
001 General Fund ‐ 114 Strategy & Innovation – IT Customer
Relationship Management (CRM) Administrator Position (1.0 FTE)
Permanent
What is this Financial Request?
Fully loaded cost: $134,020 (permanent; ongoing) and one‐time laptop equipment cost $2,600. Will fund
at 50% in 2023.
Why This Position or Payroll Adjustment Is Needed:
Currently, the Strategy & Innovation Office (SIO) is supporting and administrating the Salesforce CRM
(customer relationship management) system for the City of Aspen, including the administration of
permitting across multiple large departments. At this time, there is not redundancy built into the support
and administration of Salesforce at the complex, technically advanced level.
The Community Development Department provides less complex or ‘Tier 1’ level support of SalesForce;
however, with the recent retirement of their Operations Manager, it has placed more system
administration duties on the Strategy & Innovation Office. This position would help alleviate workload
within both SIO and Community Development, provide redundancy and cross training, and offer better
support to other departments. Additionally, this would allow for the goal of ensuring the business analyst
III that is currently providing comprehensive support, to also have capacity to then coordinate priority
system acquisitions and process improvement efforts within these systems, across multiple departments.
An IT CRM administrator is needed to oversee the management of Salesforce and potentially any future
large, cross‐functional enterprise or SAAS (software as a service) cloud‐based systems along with
managing Oracle vendor relations and contract management of another software or enterprise system.
The business analyst role is not a security expert, which increases liability and risk to the City. SIO requests
an IT CRM Administrator to manage, maintain, and support Salesforce for the City of Aspen.
*This position may transfer to the IT Department after 1 year of training within the Strategy &
Innovation Office to ensure proper succession and long-term sustainability of the organization and
its enterprise systems.
What Are the Impacts If Not Approved:
If not approved, SIO will continue a reactive approach to try to support Salesforce as best we can.
Currently, the Business Analyst III within the Strategy & Innovation Office is simply trying to keep
Salesforce updated, running, and meeting minimal customer needs; but is unable to perform the duties
of a true business analyst, including getting the most value of high‐cost systems and there is no current
redundancy within this system. Also, Finance and HR would continue to manage the Oracle vendor
relations and contract management.
There is inherent risk, in that a business analyst is not a security expert, or an expert in system
administration. The workload of system administration prohibits proactive work with our largest systems.
With the current reactive approach and lack of redundancy of duties, we are investing heavily into large
scale systems, but not capturing their full potential by not utilizing them to the extent feasible. This
2023 Budget Ordinance No. 7 - Page 9 183
2023 Spring Supplemental New Requests
position is an important need for the city in order to maintain and secure one of our largest, most
impactful, and most valuable enterprise systems.
2023 Budget Ordinance No. 7 - Page 10 184
2023 Spring Supplemental New Requests
001 General Fund ‐ 116 Attorney – Placeholder – Legal Fees – ABOR
lawsuit $TBD (One‐Time)
What is the Financial Ask?
Placeholder for the litigation expenses related to the ABOR lawsuit
Description of The Current Status / Problem / Opportunity (The Why):
Lawsuit ruling issued on February 23, 2023. Regarding Council’s adoption of 2021 Ordinance 27. Judge
ruled that Colorado’s open meeting law was violated. City of Aspen is responsible for ABOR’s legal fees
in the lawsuit.
Description of The Proposed Solution (The What):
One‐time expense to cover the legal fees.
Impacts If Not Approved / Alternatives:
Legal Dept would be over their 2023 approved budget.
2023 Budget Ordinance No. 7 - Page 11 185
2023 Spring Supplemental New Requests
001 General Fund ‐ 117 Finance – Placeholder – AM Gas 1Q23 price
increase $170,000 (One‐Time)
What is the Financial Ask?
$170,000 placeholder for the unexpected price increase from AM Gas. This will impact Recreation,
Streets, Wheeler Opera House, Truscott Housing, and Marolt Housing
Description of The Current Status / Problem / Opportunity (The Why):
Unexpected price increase on January and February natural gas rates from AM Gas. Estimate based on
known January and February 2023 increase over 2022 and letter from AM Gas to expect the higher
rates in 1Q23 billing.
Projected impact of $170,000:
Streets +$26,000
Recreation (ARC) +$87,000
Wheeler Opera House +$12,000
Truscott Housing +$16,000
Marolt Housing +$29,000
Description of The Proposed Solution (The What):
One‐time expense increase to cover the higher 1Q23 natural gas rates.
Impacts If Not Approved / Alternatives:
Departments that use natural gas from AM Gas will be over budget for the year.
2023 Budget Ordinance No. 7 - Page 12 186
2023 Spring Supplemental New Requests
001 General Fund ‐ 122 Planning – Planning Support Services $350,000
(One‐Time)
What is the Financial Ask?
$350,000 (not to exceed) to hire a third‐party contract land use planning service.
Description of The Current Status / Problem / Opportunity (The Why):
As a consequence of staffing turn‐over, shortages, and hiring challenges, the Planning division seeks
third‐party contract land use planning services. These contract services are required to maintain core
services and meet community expectations for planning and development review in the City. Planning
has consistently had two to four open positions for the last 18 months. The hiring and training process
for new planners takes 9‐12 months. Contract services will help fill the gap in core service provision
and ensure existing staff have appropriate workloads and can focus attention on process improvement
and professional development.
While planning case review remains relatively consistent in terms of the number of applications
submitted over the last several years (generally between 120 and 150 annually), a few changes to the
development context and ComDev’s staffing profile have resulted in the need for this request. First,
the kinds of projects and reviews that are moving through the process are complex in that they are
generally responding to existing development or existing approvals that need considerable research of
the record and the navigation of sections of the land use code that are not always equipped to provide
direct answers to what would seem to be simple questions.
Secondly, due to staff turnover and hiring challenges over the last couple of years and the professional
progression of our current staff, we have a situation that could be described as the missing middle. We
have significant planning experience in the management of the department, and a staff of very
committed and developing young planners who are growing in confidence but are still early on their
careers and their understanding of Aspen’s Land Use context. When we have posted planning positions
recently, regardless of the level (Planner I, Senior Planner, Principal Planner), we are primarily getting
applications from people at the very beginning of their career (with a planning education) or are later in
their career with absolutely no planning background. We are not getting applications from mid‐career
professionals with the backgrounds necessary to handle our most complex planning functions.
Both of these situations require an analysis of ComDev’s staffing realities and likely some structural
changes in how we review development. This proposal would provide the department with consultant
support in the provision of land use planning review, giving management and staff the time and space
to work on fully defining and implementing the changes that will be required for long‐term, sustainable
development review that meets the community’s needs in the face of rapidly changing land use and
staffing dynamics.
Description of The Proposed Solution (The What):
Staff is in the process of developing an RFP to solicit bids for these services. That RFP will include
detailed requirements for successful bids. Broadly, the service needs will focus on the development of
pre‐application summaries, administrative land use reviews, historic preservation and current planning
caseload, code interpretations, and similar planning functions. As currently conceived, this support
would focus on the completion of administrative reviews that are relatively straightforward in the
application of the code but are time consumptive in terms of both the quantity of applications in this
category and the process steps required. We do not intend to regularly use this support for case
2023 Budget Ordinance No. 7 - Page 13 187
2023 Spring Supplemental New Requests
reviews that require presentations to boards (P&Z, HPC or Council.) It is hoped that one of the
important outcomes of this support is additional time and space for more fully developing current staff
capacity for effectively completing board‐ level land use case review.
In formulating the scope of the RFP, ComDev leadership is assessing current staff capacity, our ability to
hire for open positions, and the most appropriate use of consultants for the provision of core services
while meeting community expectations. The timeline of this need is expected to last through the next
2 ½ years (through 2025) as we continue to hire and train new and existing staff. ComDev staff will
assess whether this kind of contract planning support will be required beyond this period, depending
on an assessment of future staff capacity, hiring, and retention.
Initial inquiries with planning consultants helped staff arrive at an approximate cost for these services.
Several firms confirmed that, in order to compel reputable firms to commit resources to this kind of
work, the contract size, scope, and duration must be sufficiently large – and over a committed time
horizon. The requested budget authority is expected to support ComDev staff in attracting the highest
quality firms available and the commitment of the quality and quantity of resources needed to support
this important City function.
Impacts If Not Approved / Alternatives:
The planning functions included in the RFPs are essential, core community development services.
Without consultant support, service timelines are likely to become unsatisfactory to the development
community. Therefore, non‐essential services such as code amendments, policy work, and
organizational development would be de‐prioritized to address long service times for planning services.
ComDev staff could continue short‐staffed and focus on trying to hire for open positions. The timeline
for hiring and training to get new planners up to speed is 9‐12 months. ComDev leadership is not
optimistic that skilled, mid‐level planning positions can be filled in the current labor and housing
market.
Focusing all planning staff time on current planning services could present several organizational risks.
Council‐directed policy and code work would be delayed, and their work product would be substandard.
Planning staff professional development could be curtailed. This will have long‐term consequences to
the professionalism, productivity, and retention of current staff, further exacerbating the current
staffing challenges.
2023 Budget Ordinance No. 7 - Page 14 188
2023 Spring Supplemental New Requests
001 General Fund ‐ 221 Police – Request to use Unclaimed Money
$22,650 (One‐Time)
What is the Financial Ask?
The Police Department is requesting the amount of $22,650, to be allocated to our budget for the
purchase of 3 e‐bikes and to cover part of our new CPR program, Resuscitation Quality Improvement
(RQI) program. The cost for each e‐bike is of $6,249 each, for a total of $18,747 and a cost of
approximately $ 1,500 to outfit the bikes for patrol usage. The remaining money would be used to cover
part of our RQI program, which we did not budget for. The cost of the RQI program for a year is: $5,184.
This request is 100% funded by the unclaimed money, net zero financial impact to the City of Aspen’s
General Fund. This is the formal appropriation action required to allow these funds to be spent.
Description of The Current Status / Problem / Opportunity (The Why):
The Police Department would like to use the abandoned money to purchase some equipment that
serves our department goals but has not been budgeted for.
On 08/31/20, police responded to Little Nell Ski locker, located at 675 E Durant Street, Aspen, CO, for a
report of found drugs and money. Officers collected drugs and the total of $22,650. These lockers were
being removed to be replaced. There were 3 lockers that management had to open, since the items
were considered abandoned. One of the 3 locked lockers contained the drugs and money.
Officers tried to obtain video from the area, to ID the person who had placed the items in the locker
room, but unfortunately the video was not working.
The Little Nell employee who called police regarding this, stated that after police left the scene, a male
came in inquiring about the lockers. The male subject was advised that police had been called. Police
were able to contact the male, who denied that the drugs and money belonging to him. At this time no
one has come to the police department to claim the money.
Per our 70.7.2 Unclaimed Money Policy, if found money is no longer required as evidence and remains
unclaimed after one year, the money is presumed abandoned property (CRS 38‐13‐201).
As we focused on our Compass Plan and receiving community feedback, the police department would
like to take the opportunity to use the abandoned money to invest in the purchase of 3 e‐bikes, which
will help with the goal and community expectation to get officers out in the community riding bikes.
Description of The Proposed Solution (The What):
The requested funds will be used for:
3 e‐bikes. The cost for each e‐bike is of $6,249 each, for a total of $18,747 and a cost of
approximately $ 1,500 to outfit the bikes for patrol usage.
The remaining funds will be used to cover part of our new CPR program, Resuscitation Quality
Improvement (RQI) program, $5,184.
Impacts If Not Approved / Alternatives:
If this is not approved, we would still purchase the e‐bikes and try to absorb the cost within the
police budget.
If the police budget is not able to absorb the cost of the e‐bikes, police would be completing a
fall supplemental request.
2023 Budget Ordinance No. 7 - Page 15 189
2023 Spring Supplemental New Requests
001 General Fund ‐ 542 Recreation – Maintenance Tech Position (1.0
FTE) Permanent
What is the Financial Request?
The Business Services Department is requesting the authority to convert a current Termed Maintenance
Tech position to a permanent FTE. We propose to use existing temp labor budget authority to fund this
position, so no new expenses will be incurred. This position was originally added as a Termed FTE in
2022, and we successfully filled this position in November 2022. This request will make this position
permanent without adding additional expenses.
Currently, this position is split between the Parks, Recreation, Red Brick Arts, Golf, and Special Events
departments.
Why Is This Position or Payroll Adjustment Needed?
The adjustment from a Termed Maintenance Tech to a Permanent FTE is needed for long‐term
consistency of custodial service at the City’s public recreational facilities. The custodial services market
in the Roaring Fork Valley is extremely competitive and the City has been regularly challenged with
filling intermittent and termed positions to provide consistent and appropriate levels of necessary
building custodial services at the Aspen Recreation Center, Aspen Ice Garden, Red Brick Recreation
Center. Without adequate levels of custodial services at these City recreational facilities, overall
customer service and satisfaction becomes compromised, a condition that was repeated on numerous
occasions in 2021 and 2022. A permanent 1.0 FTE Maintenance Technician position provides a more
dedicated and appropriate level of staffing resources to the custodial services needs of the recreational
facilities that the intermittent or termed custodial services staffing model has not been adequately
meeting.
The consistent level of service from the Maintenance Tech position has proven to be more successful
relative to meeting facility service needs. The position will report to the Facilities Manager and will not
require a change in reporting or reorganization of the departmental structure.
What Are the Impacts If Not Approved?
The proposed outline of responsibilities would be best performed by a City staff person who is
committed to the Organization as a full‐time, benefitted employee who would not be subject to weekly
conflicts between multiple part‐time or limited term employment variabilities that can ultimately result
in facility custodial needs not being met. If the 1.0 FTE position is not approved, we will proceed with
the current 6 month termed position until the term expires in Q1 2023, at which time a very dedicated
and effective employee would have to be let go and the City would be faced again with a diminished
level of custodial services at the Aspen Recreation Center, Aspen Ice Garden and Red Brick Recreation
Center. Contracted custodial services would be sought, which will have a negative financial impact on
the Recreation Department’s operational budget, given the high market costs of contracted custodial
services and level of service needs at the recreational facilities. Based on past experience related to
effectively procuring contracted custodial services and/or filling temporary or intermittent staffing
positions, regular service schedules may also be disrupted for extended periods of time.
2023 Budget Ordinance No. 7 - Page 16 190
2023 Spring Supplemental New Requests
100 Parks & Open Space Fund – Landscape Architect (1.0 FTE)
Permanent
What is the Financial Request?
Requesting to add one new permanent FTE for a Landscape Architect, to expand the team and support
an increasing workload. Total compensation request of $119,490.
Why Is This Position or Payroll Adjustment Needed?
The Landscape Architect responsibilities will generally include the design and development of parks,
trails, open space areas, Nordic trails, streetscapes, pedestrian malls, natural areas, agricultural
recreation facilities consistent with the organization’s values and mission statement.
NEED, DUTIES, AND IMPACTS
The Parks and Open Space Department needs to expand its team to support unanticipated and
increasing workloads. Since the preparation of budget in 2022, several new projects and shifting
priorities have affected our workload and available staff time. The department is engaging in several
high‐stakes projects, including the complex Lift One Lodge project, a potential change to Theatre
Aspen, and the pedestrian mall safety study. Each of these projects is expected to add the following
workloads:
Project Estimated Hours per Week of Workload
Lift One Lodge project 4‐8
Pedestrian Mall Safety 2‐5
Rio Grande/Theatre Aspen 6‐8
Other unanticipated projects are emerging, including design work assisting various projects led by other
departments such as engineering and utility related work. The preceding list of projects are anticipated
to last at least three years in duration from today, and it will be important that we commit the staff
resources necessary to see these projects through completion.
The process of coordinating and obtaining approvals for projects has become increasingly complex and
demanding, requiring a rigorous multi‐year effort from concept to permit. Examples include additional
complexities and delays with consultants for projects like The Herron Park bathroom and the Iselin
courts. The Parks and Open Space department has adapted project schedules to align to this
lengthened timeline, however current construction climates are pushing these timelines even longer.
The current construction environment presents intricate challenges that make it difficult to secure
reliable contractors within the budget year, therefore we anticipate some risk in project delay. By
adding this position to the team, we will be better able to handle project complexities and
compounding timelines.
Finally, investing in our human capital will provide long‐term benefits to our department by allowing us
to tap into the expertise of our existing staff members and establish succession planning depth. Our
current staff has the capability to onboard and train a project landscape architect, making this a
valuable and worthwhile effort. With the support of a dedicated landscape architect, our staff will have
more time to manage operations, monitor safety, provide training and mentoring, and focus on other
important initiatives that improve the quality of our work and service to the community
What Are the Impacts If Not Approved?
2023 Budget Ordinance No. 7 - Page 17 191
2023 Spring Supplemental New Requests
If the position is not approved, the Parks and Open Space Department and City may face several risks
including:
Delayed projects: Without sufficient support, projects may take longer to complete, leading to
delays and missed deadlines. This could have a ripple effect on the department's operations and
its ability to take on new projects in the future. Delays at Cozy Point Ranch, Iselin courts and
Herron Park will continue to accumulate without bolstering the team.
Project management: Without additional project management support, the department may
struggle to coordinate with other professionals, work with contractors, and ensure projects are
completed within budget and on time.
Communication: The lack of additional support could result in projects that are not inclusive and
do not take the needs and concerns of all stakeholders into consideration. This could lead to
conflicts and disagreements among stakeholders, delaying project progress or leading to project
cancellations.
Sustainable workload: Without the support of an additional landscape architect, the department
may struggle to manage the increasing workload and meet project deadlines, leading to delays
and missed opportunities.
Quality of work: The lack of specialized design expertise may result in projects that are not
aesthetically pleasing, functional, or sustainable, leading to dissatisfaction among stakeholders
and potential loss of trust in the department's ability to deliver high‐quality work.
Environmental impact: The absence of an additional landscape architect with knowledge of the
City’s values, and expertise in environmental stewardship, may result in projects that are not
environmentally responsible or protective of natural resources, which could have negative
impacts on the community and the environment.
The workload would have to be primarily taken on by existing staff members, which could include a
combination of the following roles:
Existing parks and open space staff may have to take on additional responsibilities to manage the
workload, leading to increased workload and potentially decreased productivity and burnout.
The department may have to rely on external consultants to complete projects, which could be
more expensive and less efficient than having a full‐time landscape architect on the team.
Work that would typically be performed by a staff landscape architect could be outsourced to external
consultants. However, outsourcing comes with its own set of cost benefits and disadvantages.
Cost benefits of outsourcing:
a. Outsourcing allows the Parks and Open Space department to bring in specialized expertise as
needed, without the commitment of a full‐time employee.
b. External consultants often bring a specialized skill set that may not be available within the
department.
Disadvantages of outsourcing:
a. Outsourcing will be more expensive than hiring a full‐time employee, particularly if the work
is ongoing and requires a high level of expertise, and it still requires staff commitments for
contracting and coordination.
b. Outsourcing can result in a lack of control over the quality and timeline of the work, as the
department is relying on external consultants who may have conflicting priorities.
c. Outsourcing may result in decreased efficiency as the department is reliant on external
consultants to complete the work, which could result in longer project completion times.
d. The use of external consultants may result in decreased continuity in terms of the
department's knowledge and expertise, as consultants may come and go and may not have
the same level of familiarity with the department's processes and priorities.
2023 Budget Ordinance No. 7 - Page 18 192
2023 Spring Supplemental New Requests
100 Parks & Open Space Fund – Project Manager I, Business Services
(1.0 FTE) Permanent
What is the Financial Request?
The Business Services Department is requesting the authority to hire a Project Manager I to help
oversee Capital projects for Parks and Recreation facility projects. The fully loaded cost of this FTE
position is: $128,160 plus one‐time $2,600 for laptop. This position will be funded from the Parks (100)
fund.
Why Is This Position or Payroll Adjustment Needed?
The Project Manager I, Business Services manages development and implementation of Parks and
Recreation facility projects.
NEED, DUTIES, AND IMPACTS
The Business Services division of the Parks and Recreation Department manages a range of buildings
and facilities. All of the facilities are aging and require critical facility maintenance and construction
projects that are forecasted within the next decade.
Additionally, as Parks and Open Space staff began solidifying an approach to improving critical facility
deficiencies at Cozy Point Ranch, it became clear that the Parks and Open Space Team was not
equipped to manage the breadth and complexity of facility work that was anticipated to occur on that
site. Specifically, there are four structural related projects that are approved in the 2023 Budget that
require special skillsets that push the current team’s capability, especially when considering other
workloads for key projects such as the Maroon Creek multi‐use trail. As these projects have moved
into early scoping, complexity and workload have unexpectedly exceeded our project team’s skillset
and have increasingly absorbed significant available time.
Staff have developed a proposal that combines several disparate projects at Cozy Point Ranch into one
overarching project, and staff are preparing an RFP that will engage a multi‐disciplinary team to solve
the water, wastewater, housing, and building related challenges at Cozy Point Ranch. By combining
these projects, staff hope to engage with a high‐quality consultant team that brings expertise and
creativity to help improve conditions at the ranch holistically.
While the consultant team will perform much of the work, the anticipated burden on staff time will also
be significant. Staff forecast that these projects will require at least 10‐20 hours of staff time support
per week for the next three years.
By nesting this position within the Business Services division, we create an opportunity to also bolster
the staff project management resources for critical Recreation facility project needs. These projects are
critical to keeping our high levels of service up in our recreation facilities. The value of Capital facilities
needs in the Parks and Recreation LRP is high with dedicated project management resources necessary.
What Are the Impacts If Not Approved?
If the position of a Project Manager is not approved, the Parks and Open Space Department and City
may face several risks including:
Compromised facilities: The functionality of buildings and building systems may affect the ability
of departments to provide public recreational services and opportunities to the community.
2023 Budget Ordinance No. 7 - Page 19 193
2023 Spring Supplemental New Requests
Delayed projects: Without sufficient support, projects may take longer to complete, leading to
delays and missed deadlines. This could have a ripple effect on the department's operations and
its ability to take on new projects in the future.
Project management: Without additional project management support, the department may
struggle to coordinate with other professionals, work with contractors, and ensure projects are
completed within budget and on time.
Communication: The lack of additional support could result in projects that are not inclusive and
do not take the needs and concerns of all stakeholders into consideration. This could lead to
conflicts and disagreements among stakeholders, delaying project progress or leading to project
cancellations.
Sustainable workload: Without the support of a Project Manager, the department may struggle
to manage the increasing workload and meet project deadlines, leading to delays and missed
opportunities. Current staff resources may also be compromised and lost due to burnout.
Environmental impact: The absence of a Project Manager with knowledge of the City’s values,
and expertise in environmental stewardship, may result in projects that are not environmentally
responsible or protective of natural resources, which could have negative impacts on the
community and the environment.
The lack of additional support could result in trade‐offs that negatively impact the operations of the
Parks and Open Space Department and its ability to deliver high‐quality facilities to the community. It
may result in the following negative impacts:
Lost revenue due to compromised facility and systems conditions
Delayed response times and decreased customer service satisfaction
Decreased workflow efficiency and increased project completion times
Increased costs due to reliance on external service providers
Decreased facility quality and customer trust
Decreased customer participation and increased risk of conflicts and project cancellations.
The current Capital projects workload is not sustainable by the current staff resources and would have
to be primarily divided by existing staff members, which could include a combination of the following
roles:
Existing Parks and Open Space staff may have to take on additional responsibilities to manage
the workload, leading to deferring other critical work in the management of open space and
trails.
Work that would typically be performed by a Project Manager could be outsourced to external
consultants. However, outsourcing comes with its own set of cost benefits and disadvantages.
Cost benefits of outsourcing:
Outsourcing allows the Parks and Recreation Departments to bring in specialized expertise as
needed, without the commitment of a full‐time employee.
External consultants often bring a specialized skill set that may not be available within the
department.
Disadvantages of outsourcing:
Outsourcing will be more expensive than hiring a full‐time employee, particularly if the work is
ongoing and requires a high level of expertise.
While outsourcing can provide resources to bolster a process, recently staff have estimated that
staff commit at least 2 hours of work for every 10 hours a consultant performs.
Outsourcing can result in a lack of control over the quality and timeline of the work, as the
department is relying on external consultants who may have conflicting priorities.
2023 Budget Ordinance No. 7 - Page 20 194
2023 Spring Supplemental New Requests
100 Parks & Open Space Fund – Ute Cemetery Management Plan
$35,000 (One‐Time)
What is the Financial Ask?
To complete the Ute Cemetery management plan, staff would like to hire a cultural resource expert and
a natural resource expert to provide guidance and best practices for the ongoing management of the
cemetery. Staff anticipate that an additional $35,000 will provide adequate funding for the completion
of the management plan.
Description of The Current Status / Problem / Opportunity (The Why):
The management plan has been a Compass goal for the department for the last 12 months, however as
the plan research has started, it has become more apparent that additional resources are needed.
Description of The Proposed Solution (The What):
The Parks department proposes the hiring of several consultants to help with the development of the
management plan.
Ecological consultant to assess natural resources on the site and provide recommendations for
their preservation.
Cultural resources consulting firm to provide an updated inventory of cultural resource on the
site and provide recommendations for their management.
The management plan will be a guiding document for the next ten years of management on the site.
Impacts If Not Approved / Alternatives:
If the funds are not approved for this work, then development of the management plan will be
postponed until the funds are available, with likely inclusion in the 2024 annual budget.
If the funds are not approved, then the site will continually to be maintained to its current
service level, but no significant improvements will be pursued.
2023 Budget Ordinance No. 7 - Page 21 195
2023 Spring Supplemental New Requests
100 Parks & Open Space Fund – Septic System, Farm
Collaborative/Cozy Point Ranch $735,000 (One‐Time)
What is the Financial Ask?
New Capital Request. The Parks and Open Space team were approached by the Farm Collaborative, a
lessee at Cozy Point Ranch, about financial support for the construction of a septic system. At staff
suggestion the proposal was brought to Open Space and Trails Board meeting on February 16th of 2023.
In that meeting the board made a motion to recommend a supplemental budget request for the
construction of the septic system. The proposed septic system will service the future 'Learning Center'
that will begin construction this summer. The Farm Collaborative is unable to construct their own septic
system because of a funding shortfall for their project.
2023 Budget Ordinance No. 7 - Page 22 196
2023 Spring Supplemental New Requests
100 Parks & Open Space Fund – Harmony Park Irrigation Pump
$89,000 (One‐Time)
What is the Financial Ask?
New Capital Request. During irrigation design for BG3 the Parks and Asset departments collaborated to
incorporate some changes that isolate the irrigation system for Harmony Park from that of BG phase 1.
A new park pump will be installed in addition to the BG3 pump. This new pump will serve Harmony Park
only and the existing pump will now only serve the existing BG1 irrigation. The Harmony Park pump
scope was packaged and approved as part of the BG3 irrigation supply system change order, and this
supplemental shall act as a reimbursement to those expenses.
2023 Budget Ordinance No. 7 - Page 23 197
2023 Spring Supplemental New Requests
120 Arts and Culture Fund ‐ Wheeler – Replace three existing boilers
$500,000 (One‐Time)
What is the Financial Ask?
New Capital Request. It is critical to provide reliable heating of the historic Wheeler Opera House
venue. Installed in 2008, the current gas boilers were anticipated to have 17 years of use. As of 2022,
one boiler has already failed and a second requires frequent repair and maintenance. Normal function
requires three fully operating boilers, used in rotation on a monthly basis. With one boiler out of
rotation, the remaining two boilers are under more frequent use, resulting in a shorter lifespan and
increased operating costs to cover repair services. To ensure uncompromised and uninterrupted
heating of the historic venue, an immediate replacement of the boilers is necessary.
This project will update and replace the three failing boilers with new gas boilers, potentially the FTXL
Fire Tube Boiler, manufactured by Lochinvar. Currently in use at the City‐owned Yellow Brick Building,
the FTXL boiler is known as the new 98% efficiency standard in fire tube technology. It has a compact
footprint of just 6.2 sq. ft., and with a zero to ten turndown ratio, these boilers provide precision
conditioning based on heating calls from throughout the building, including the venue and retail spaces.
At this time, electric boilers are not a feasible option for three primary reasons: 1) the building does not
have sufficient power to support the operation of three electric boilers, 2) at approximately
$15,000/mo. per boiler, operational costs are prohibitive, and 3) with replacement critical and time
sensitive in nature, any delays in replacement (including all permitting, public hearings, and projects
needed for the electrical upgrade, approx. 18mo), would cause a major disruption in both service and
programming.
This work is done on a roughly 15 year replacement schedule. The out year funding will be budgeted
during the 2028 Capital Planning.
2023 Budget Ordinance No. 7 - Page 24 198
2023 Spring Supplemental New Requests
141 Transportation Fund – Bus Stop Maintenance $25,000 (Ongoing)
What is the Financial Ask?
$25,000 in on‐going expenses for additional yearly operating costs
Description of The Current Status / Problem / Opportunity (The Why):
Currently, programming for capital projects did not include the yearly operating costs for snow melt at
the 8th/Main and Galena/Main. The electrical costs have also increased. Additionally, the maintenance
of 60 bus stops has increased to the standard the Aspen public expects. RFTA is also a partner in snow
removal, but the city has spent additional funds in the past to keep bus stops accessible to the most
vulnerable users.
Description of The Proposed Solution (The What):
The solution allows additional funds to pay for the electrical snowmelt and to hire snow removal for
stops that are typically an issue during heavy snow periods.
Impacts If Not Approved / Alternatives:
Staff will continue to pay for the electrical snowmelt but will need to cut services in other areas on the
operating account. Staff may reduce the snow removal for bus stops due to budget constraints that will
impact vulnerable users.
2023 Budget Ordinance No. 7 - Page 25 199
2023 Spring Supplemental New Requests
141 Transportation Fund – Short Range Transportation Plan $265,000
(One‐Time)
What is the Financial Ask?
$265,000 in one time funding for short range transportation study
$215,000 from transportation, $50,000 from parking
Description of The Current Status / Problem / Opportunity (The Why):
The City of Aspen is seeking a qualified consultant (or team of consultants) to lead the research and
development of a Transportation Demand Management (TDM) and Parking Development Plan. This will
include an assessment of existing TDM and parking programs as well as an evaluation and
recommendation of potential improvements. This comprehensive plan will address both current
conditions as well as expected changes in traffic, development, housing, and visitation.
The goal of this project is to significantly reduce the reliance and impacts of Single Occupant Vehicles
(SOVs) and the related traffic and parking congestion through the implementation of a Comprehensive
TDM and Parking Plan. This plan considers both a review of existing programs and services and the
efficacy of new TDM and parking programs and technologies. The final report will include
recommendations for modifications/improvement to existing programs, as well as recommendations,
phasing and funding options for future programming. The final goal for this report is to allow
informational opportunities for Council to make decisions on future planning for transit and parking.
Description of The Proposed Solution (The What):
The proposed solution will allow staff to pursue granting for transit and infrastructure improvements
and allow a public master planning process for the parking and transit system. Currently there is not a
long‐range plan for parking, and transit needs to be updated every ten years.
Impacts If Not Approved / Alternatives:
Transit grants will not be obtainable without a long‐range transit plan because CDOT relies on
studies like this when deciding on who will get the money.
Parking would be done in pieces by staff like it has been in past years (without full transparency
to the public), but staff would implement systems that work on behavior and reliance on single
vehicles.
2023 Budget Ordinance No. 7 - Page 26 200
2023 Spring Supplemental New Requests
152 Kids First Fund – Refund and partial use request – Early Childhood
Education Intern (‐0.8 FTE) Permanent
What is the Financial Request?
Kids First financial request is a refund of approved supplemental funds for 1 Early Childhood Education
Intern and a shift of 0.2 FTE to an existing Administrative Specialist position that is budgeted at 0.8 FTE.
Refund total comp of ($81,243). Estimating $14,147.50 to fund the additional 0.2 FTE for the Admin
Specialist moving from 0.8 FTE to 1.0 FTE.
Why Is This Position or Payroll Adjustment Needed?
Kids First requested supplemental funding in December 2022 for two additional Early Childhood Intern
positions, putting Kids First in the position to have three Intern positions. The two additional positions
were requested to help with the lack of available qualified candidates for employment in the early
childcare field. The Intern positions were designed to create a pipeline of qualified Early Childhood
teachers for childcare programs to hire. Kids First has successfully trained and placed one Intern in
2022 and had positive feedback and success with the program. With the change in leadership and
staffing at Kids First, we have found that finding candidates for these positions is problematic and the
training time required to train three Intern positions is beyond our capacity. At this time, we would like
to reduce the Intern positions to two Interns total so that we can manage the training and continue to
be successful with the program. Kids First would like to return the awarded supplemental funds for one
of the two newly awarded Early Childhood Education Interns.
As part of the reduction of the Intern positions, Kids First would like to shift 20% FTE to increase the
Administrative Specialist position to a full 100% FTE position. This shift would support the
administrative needs of the Kids First team above the 80% FTE status previously provided in the budget.
What Are the Impacts If Not Approved?
If the reduction in Intern positions was not approved there is a possibility the funds budgeted would be
left unused for part or all of 2023.
Without an increase in 20% FTE for the Administrative Specialist, the Kids First team would continue to
be stretched thin and overburdened. The lack of full‐time administrative support could lead to potential
job burn out and lack of quality programming and stewardship.
2023 Budget Ordinance No. 7 - Page 27 201
2023 Spring Supplemental New Requests
431 Electric Utility Fund – Design & Survey Work for Ruedi
Hydroelectric Facility Re‐Licensing $125,000 (One‐Time)
What is the Financial Ask?
The 2023 Ruedi Hydroelectric Facility Re‐Licensing project includes the preparation of licensing
notification documents and FERC License submittal documents: initiating pre‐application consultation
with affected entities and agencies, continuing the development of studies and data collection, and
completing the application and related materials. Application materials would include an updated and
survey‐grade site plan and process mechanical plan and section view drawings.
2023 Budget Ordinance No. 7 - Page 28 202
2023 Spring Supplemental New Requests
451 Parking Fund – Rio Grande Parking Garage Improvements
$225,000 (One‐Time)
What is the Financial Ask?
New Capital Request. The garage is looking to improve the function by implementing technology to
create a system of less reliance of personnel. The technology will include sensors for real time parking
analysis and occupancy along with increase camera and response at the entry.
2023 Budget Ordinance No. 7 - Page 29 203
2023 Spring Supplemental New Requests
505 Employee Housing Fund – 8 Water Place Basement Remodel
$60,000 (One‐Time)
What is the Financial Ask?
New Capital Request. The basement of 8 Water Place will be fully built out to add one additional
bathroom and additional living space to the City Housing stock. The basement needs additional framing
work, flooring, drywall, lighting, plumbing fixtures and finishes in order to complete the space.
2023 Budget Ordinance No. 7 - Page 30 204
2023 Spring Supplemental New Requests
505 Employee Housing Fund – Conceptual Design for Streets Housing
$15,000 (One‐Time)
What is the Financial Ask?
New Capital Request. Funds will be used to contract a design team to evaluate several options for
additional housing at the streets department. Staff plans to investigate the potential of adding studio
units to the campus and needs to better understand what is possible including and design and P&Z
constraints with the current site before making further recommendations and requests of Council.
2023 Budget Ordinance No. 7 - Page 31 205
2023 Spring Supplemental New Requests
510 IT Fund – IT Redundancy Planning $13,560 (Ongoing)
What is the Financial Ask?
The IT Department requests funding for IT Redundancy Planning. Two key aspects of this plan include
an increase the internet bandwidth for our secondary Comcast Business circuit ($4,140 annually) and
$9,420.00 annually to incorporate a third backup system for data.
Description of The Current Status / Problem / Opportunity (The Why):
The City of Aspen currently has primary and redundant Internet access circuits that are provided
through Aspen Community Broadband and managed by The Northwest Colorado Council of
Government’s Project (THOR). Our primary internet bandwidth is currently 1 gigabit per second, a
standard level of service used by local governments our size. These circuits have experienced
occasional outages over the past couple of years, leaving City government dependent on a secondary
backup circuit we have maintained through Comcast Business Services. That same Comcast circuit also
provides daily internet service for the City’s guest wi‐fi network, used by numerous citizens during
public meetings. Although the service uses fiber optic cable the bandwidth level is only 100 megabits
per second, equivalent to what a single residence or small local business typically uses. Over time, daily
use of the guest wi‐fi network has significantly increased, as has City government need for adequate
working bandwidth during primary circuit outages. To have sufficient internet to meet today’s digital
work needs, the City requires a significant bandwidth increase for both daily and emergency uses.
Data is the most valuable digital asset that any government or business has. Continuous good data
backups are the best defense against malware attacks that can destroy or hold for ransom data and
disrupt normal government operations. The IT department maintains two backup and recovery systems
for its internally held data. The main backup system keeps immutable primary and secondary copies of
its production data on‐site. This provides a method to recover both file data and system configurations
that are lost or corrupted once servers are available for the recovery. The secondary backup system
keeps a copy of all those files in an off‐line, off‐site storage system in the event the main backup system
is unavailable, and a new recovery system is built onsite.
These methodologies are standard IT practices. Because of the potential loss of on‐site server systems
and the time needed to download data stored off‐site, both recovery methodologies have the
disadvantage of being slow to recover data back into a usable production state. In the event of a
successful ransomware attack it would take weeks, if not months to recover all data back into a fully
functioning environment. Having rapid access to data is the only way to get staff back to work quickly
with day‐to‐day operations.
Description of The Proposed Solution (The What):
The IT Department requests funding to improve IT Redundancy. 1) Increase the internet bandwidth for
our secondary Comcast Business circuit to 1 gigabit per second, 10x today’s rate if 100 Mbps. 2)
Incorporate a third backup system that keeps a mirrored copy of both production data and the virtual
servers that the data lives on, in an off‐site, production ready environment. This is known as a “Hot
Backup.” In the event a cyber attack locks out access or destroys internal servers, the IT department
could connect City staff to a copy of its production environment running in a cloud‐hosted data center
within 1 ‐2 days.
Impacts If Not Approved / Alternatives:
2023 Budget Ordinance No. 7 - Page 32 206
2023 Spring Supplemental New Requests
If the funding is not approved the IT department will continue to provide guest wi‐fi and City
government backup internet service at the continued rate of 100Mbps.
This has become insufficient for the City’s current needs and will only continue to be
inadequate for our citizens if the bandwidth is not increased.
There are several vendors who provide similar services though none with such a low monthly
cost.
Although IT is confident in the integrity of its current backed up data, continuing to use our
current methodology of backup and recovery would leave the City unable to provide citizens
with certain services for an extended length of time in the event of a destructive cyber‐attack.
2023 Budget Ordinance No. 7 - Page 33 207
Exhibit C
Fund/Department Central Savings Department Savings
Returned to Fund
Balance
City Clerk (113)$1,680 $71,500 $46,720
City Manager (114)$0 $0 $0
Human Resources (115)$2,970 $119,500 $122,600
City Attorney (116)$0 $46,000 $0
Finance (117)$1,270 $150,000 $43,200
Asset Management (119)$2,190 $150,000 $70,750
Planning (122)$4,140 $118,800 $116,750
Building (123)$4,650 $150,000 $225,300
Police (221)$1,050 $136,100 $29,500
Streets (321)$2,810 $150,000 $136,100
Conservation, Efficiency, Renewables (325)$2,620 $83,500 $101,400
Engineering (327)$2,110 $113,500 $59,180
Environmental Health (431)$5,890 $143,600 $258,900
Special Events (532)$1,830 $99,600 $51,300
Recreation / ARC / AIG ‐ (542)$2,770 $150,000 $134,700
001 ‐ General Fund $35,980 $1,682,100 $1,396,400
100 ‐ Parks and Open Space Fund $1,760 $150,000 $385,500
Wheeler Opera House (513)$24,870 $150,000 $1,184,700
Red Brick Center of the Arts (552)$430 $63,800 $12,050
120 ‐ Arts and Culture Fund $25,300 $213,800 $1,196,750
141 ‐ Transportation Fund $4,330 $75,800 $211,300
152 ‐ Kids First Fund $3,790 $104,600 $106,900
160 ‐ Stormwater Fund $1,600 $60,000 $77,600
421 ‐ Water Utility Fund $8,900 $150,000 $432,300
431 ‐ Electric Utility Fund $8,670 $150,000 $421,800
451 ‐ Parking Fund $5,540 $137,500 $219,900
471 ‐ Golf Fund $10,770 $95,800 $131,700
510 ‐ Information Technology Fund $860 $115,700 $31,400
New Savings Generated $107,500 $2,935,300 $4,611,550
Savings from Prior Years (Cap Total @ $400K)$342,500 N/A
Total Savings to Be Appropriated $450,000 $2,935,300 $4,611,550
Total Central / Departmental Savings:$3,385,300
2023 DEPARTMENTAL SAVINGS
NOTE: In 2022, City Manager modified the savings retention program, lowering the allowable amount of savings that can be
appropriated for central and departmental savings to return more funds for future uses, and the City Council finalized this into the
Financial Policy of the City of Aspen. The policy thus includes the following thresholds:
*40% of savings are included in department’s savings account, capped at $150,000 or an amount equivalent to 15% of the
department's operating budget, whichever is less;
*5% of all savings are allocated to the Central Savings account, capped $450,000;
*55% of savings plus any savings above the thresholds are returned to fund balance.
The purpose of allowing carryforward savings is to provide an additional incentive for frugality by operating departments. Unlike
traditional governments, which have a “use it or lose it” approach to annual operating budgets, Aspen’s policy encourages
departments to create savings in their annual operating budgets. Prior year savings that are not expended are carried forward and
re‐appropriated unless directed otherwise by the City Manager. These appropriations can be spent on items related to the
Department’s or Fund’s mission but may not be used for ongoing expenditures. If a request was denied as part of the budget
process, departmental savings may not be used for this purpose without City Manager approval. Expenditures of $10,000 or more
2023 Budget Ordinance No. 7 - Page 34 208
Exhibit D
Department/Description Amount
Document Scanning: In the 2021 Spring Supplemental, Council approved funds to scan several dozen
bankers boxes of the Planners' land use case files, which must be scanned and uploaded into the City's
records management system, and an additional 24 bankers boxes and 150 linear feet of historical files and
reference materials for both Planning and Building. The work under this contract is still ongoing; it will be
completed in 2023. This request carries forward the funds for this project.
$21,445
Updating City's Outdoor Lighting Regulations: Aspen’s outdoor lighting regulations were last overhauled in
1999, with some minor amendments in 2003. Although the lighting code adequately served its purpose for
many years, it became obvious that changes in lighting technology (particularly LED lighting) made the
regulations an ineffective regulatory tool. In 2019, City Council approved $50,000 in supplemental funds to
the 2020 budget for this project. However, staff capacity prohibited the Department from pursuing this
work in 2020 and 2021. At its November 3, 2021 meeting, Council approved Resolution #101, Series of
2021 to enter into a contract for $93,078 with Clanton & Associates to perform the work. This request will
carry forward the funding for this contract.
$28,293
Electronic Permitting System: Per Resolution 55 (Series of 2011) Council approved funds to develop a
development permits management system. The original contractor, Computer Software, Incorporated, was
terminated for non‐performance, but some of the initial funding was carried forward and has been used for
the development of our current system, Salesforce. As Salesforce has evolved over the past few years and
the Departments using the system identify new ways to improve operations and customer experience, staff
are running up against the maximum number of custom fields available in the permits object. This will limit
our ability to respond to future customer and user needs. To stabilize the system, the vendor must
reconfigure some of the system's functionality continue to respond to current and future needs. This work
cannot be done by internal staff ‐ it requires contractor support. If this work is not done, we risk our ability
to make continuous improvements/modifications to the system, which will impact the Departments'
operations.
$19,950
Lift 1A Planning Project: Council approved funding for the Lift 1A Planning Project. As the City is a
stakeholder in the Lift 1A Corridor project, items may arise during 2023 that will warrant funding. For
example, the City has financially contributed to the development of a wayfinding signage program with
other stakeholders to ensure that signage among the stakeholders is coordinated and minimized
throughout the site. Further design development may be needed in the future. Additionally, the
ordinances that were approved by the electorate require City participation in certain areas of the project,
such as the development of legal agreements, and funds may be needed to ensure that the City’s
obligations are met.
$14,230
Moratorium Consultant Support: The policy development and code amendment work authorized by
Ordinance No. 06, Series of 2022 initiated a series of projects managed by ComDev staff. Many of these
projects were completed in June 2022. Others, including Affordable Housing Credits amendments and
analysis of various Growth Management Quota System provisions, are ongoing. Vendors are under contract
to support this work with ComDev staff. A set of code amendments is scheduled for Council review in Q2
2023, other ongoing project elements will be presented to Council later in 2023. Ongoing consultant
support is needed to continue to respond to Council direction.
$149,433
2023 OPERATIONAL CARRY FORWARDS
2023 Budget Ordinance No. 7 - Page 35 209
Exhibit D
Department/Description Amount
2023 OPERATIONAL CARRY FORWARDS
Utilizing Historic Preservation Reserve Funding: In the 2021 Fall Supplemental, Council approved a
technical adjustment to the budget that transferred funds from the Historic Preservation Trust and Agency
fund to the Community Development operating budget to pay contractors to review insulation details for
Victorian and Mid‐Century Modern construction requirements, a new preservation recognition program,
and the purchase of a new infrared camera. In response to staffing, workload, and workplan changes, this
work was postponed until late 2022. There are two contracts in place for this work. This request will carry
forward those funds to enable project completion.
$5,520
122 ‐ Community Development ‐ Planning Subtotal: $238,871
Avocette Contract for Salesforce Maintenance and Enhancements: Resolution #119, Series of 2021
authorized the contract with Avocette for maintenance, technical support, and enhancements to Salesforce,
the City's permits management system. The system upgrades included in the contract could not be
completed by year's end. They are scheduled to be completed in 2023. This request will carry forward the
funding for the contract to complete the work.
$42,094
Plans Review Services: For the past few years, the Building Department's workload has outpaced the staff's
ability to process permits in accordance with internal customer service expectations. In the 2020 Fall
Supplemental, Council approved $75,000 for contractor support to review and process Building permits. In
the 2021 Spring Supplemental, Council approved an additional $50,000 for that work. For the remainder of
2021 and 2022, the Department used these funds for plans examiner contractor support. Funds remained
in that account at the end of last year ‐ some funds have been unused due to vendor capacity and changes
in vendors. These carry forward funds will allow the Department to outsource plans examination services at
a greater pace than the base budget provides, which will help improve building permit compliance,
decrease permit review times, increase the receipt of permit fees, and improve City customer service.
$106,008
123 ‐ Community Development ‐ Building Subtotal: $148,102
Peace Officer Mental Health Support Grant Program: Formal action required to carry forward remaining
$19,844 in grant funding from 2022 to 2023.
On April 23rd, 2021, the Aspen Police Officer was awarded a grant from the Colorado Department of Local
Affairs (DOLA) for the purpose of helping agencies provide mental health services to peace officers. The
Aspen Police Department was awarded $44,000. This grant may also be used by Pitkin County Sherriff's
Office, Snowmass Police Department and Basalt Police Departments, with Aspen Police Department being
the department fiscally responsible party. The $19,844 remaining funds need to be expended by December
31, 2023.
$19,844
221 ‐ Police Subtotal: $19,844
2023 Budget Ordinance No. 7 - Page 36 210
Exhibit D
Department/Description Amount
2023 OPERATIONAL CARRY FORWARDS
Regional Climate Collaboration Event: $25,000 approved in 2022 Fall Budget Ordinance No. 18. This is the
formal request to carry forward these dollars from 2022 to 2023 based on the timing of the event.
Climate Action work is taking place at the local government and organizational level in the Roaring Fork
Valley (RFV), but little collaboration is happening at a regional level to mitigate and adapt to climate change.
At the UN Mountain Partnership side event in September, local government leaders in the region came
together for a panel on how each organization is addressing climate change. One reoccurring theme that
came from this event was the desire to work more collaboratively as a region. In response staff is requesting
$25,000 to support a regional climate collaboration event. The event will bring a group of local government
officials and key stakeholders in the RFV together to identify overlapping needs, opportunities, and next
steps for implementation of regional action. The funding would pay for the facility, food, a
facilitator/organizer, and an after‐action report. The event would likely be co‐funded by other local
governments in the valley.
$25,000
325 ‐ Climate Action Subtotal: $25,000
Outdoor Compost Containers for Businesses: EHS is requesting to carryforward $100,000.00 of the
remaining $190K in the 42230‐ Recycling and Special Waste Hauling program to purchase outdoor compost
containers for businesses that will need to comply with new organics ordinance that will go before Council
in 2023. The purchase will help offset the startup costs for businesses and is in response to stakeholder
feedback collected during outreach. EHS has funds in the 2023 budget to purchase additional containers to
account for all food service businesses by combining this carry forward request with existing 2023 budget.
The container purchase was scheduled to take place in 2022 but a delay in ordinance development pushed
that presentation to 2023.
$100,000
431 ‐ Environmental Health Subtotal: $100,000
001 ‐ General Fund Total: $531,817
Entrance to Aspen: The Entrance to Aspen communication and outreach project was directed by Council in
the Fall of 2022 in multiple work sessions. This carryforward request will continue to fund the technical and
communication support for staff in outreach to the community about the Entrance to Aspen Project.
$170,643
141 ‐ Transportation Fund Total $170,643
2023 Budget Ordinance No. 7 - Page 37 211
Exhibit D
Department/Description Amount
2023 OPERATIONAL CARRY FORWARDS
Water Utility Rate Study: This carry forward request is for a multi‐year Utilities project focused on a rate
study completed every five years. This project was approved on July 12th, 2022, Resolution #81 Series 2022.
For the Water Utility, the rate study includes:
•Development of rate revenue for the test year using detailed billing records
•Development of the test year revenue requirement to determine the revenue required from rates
•Determining the level of rate revenue from exisƟng rates and other sources to meeƟng annual revenue
requirements.
•CompleƟng a comprehensive cost‐of‐service analysis for the water uƟlity. Cost to provide service is based
on cost recovery from the demand, fire, pumping, variable, and raw water components.
•Review pf UƟlity Investment charges (UIC)/tap fees
•Review of Well Development charges
•Review of Payment in Lieu of Water Rights
•Review of Water Hook Up (Physical Tap) charges
The results of the rate study will go into effect for the 2024 budget year and provide rate recommendations
through 2028.
$52,893
421 ‐ Water Fund Total $52,893
Electric Rate Study: This carry forward request is for a multi‐year Utilities project focused on a rate study
completed every five years. This project was approved on July 12th, 2022, Resolution #81 Series 2022.
For the Electric Utility, the rate study includes:
•Development of rate revenue for the test year using detailed billing records
•Development of the test year revenue requirement to determine the revenue required from rates
•FuncƟonalize revenue requirement to system funcƟons (e.g., purchased power, distribuƟon management,
hydropower, etc.)
•AllocaƟon funcƟonalized costs to cost components (e.g., energy, demand, availability)
•Distribute costs to customer classes based on their proporƟonate share of energy usage, demands, and
customers
The results of the rate study will go into effect for the 2024 budget year and provide rate recommendations
through 2028.
$52,893
431 ‐ Electric Fund Total $52,893
Aggregate Equipment/Maintenance/Repair Carry Forwards $131,310
Aggregate PC Replacement Carry Forwards $309,330
Other Operational Carry Forward Requests Total: $440,640
Total Operational Carry Forward Requests:$1,248,886
2023 Budget Ordinance No. 7 - Page 38 212
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
000 Environmental
Health
51544 EV Charging Stations ‐
2023 $80,000 $132,700 $0 $52,700 $52,700 2023 2023
000 Recreation
51211 HVAC System for Red
Brick Gym $175,000 $325,000 $20,367 $150,000 $170,367 2023 2023
000 Recreation 50374 Mondo Flooring ‐ (AIG) $105,000 $150,000 $0 $45,000 $45,000 2023 2023
000 Recreation
51565 Business Services Office
Remodel $65,000 $80,000 $0 $15,000 $15,000 2023 2023
000 ‐ AMP Fund Total $425,000 $687,700 $20,367 $262,700 $283,067
100 Parks
50986 Irrigation Efficiency
Improvements $240,000 $265,000 $0 $25,000 $25,000 2024 2024
100 Parks
51481 Cozy Point Tractor and
Implements $500,000 $525,000 $0 $25,000 $25,000 2031 2031
100 Parks 51571 Fleet ‐ Parks ‐ 2023 $325,000 $343,000 $0 $18,000 $18,000 2023 2023
100 ‐ Parks Fund Total $1,065,000 $1,133,000 $0 $68,000 $68,000
120 Wheeler
50529 Personnel Lift ‐
Replacement $36,000 $46,000 $15,000 $10,000 $25,000 2022 2023
120 Wheeler
51513 Onstage Audio Monitor
Console $90,000 $140,000 $90,000 $50,000 $140,000 2022 2023
120 Wheeler
51524 Grand MA Lighting
Console $75,000 $90,000 $0 $15,000 $15,000 2023 2024
120 ‐ Wheeler Fund Total $201,000 $276,000 $105,000 $75,000 $180,000
141 Transportation
51533 Rubey Park Overhead
Charging Station $350,000 $400,000 $113,419 $50,000 $163,419 2022 2025
141 ‐ Transportation Fund Total $350,000 $400,000 $113,419 $50,000 $163,419
150 Housing
51289 Burlingame Phase 3 ‐
New Construction Buildings 8‐
15 (79 units)
$55,238,102 $58,238,102 $8,158,934 $3,000,000 $11,158,934 2023 2023
150 ‐ Housing Development Fund $55,238,102 $58,238,102 $8,158,934 $3,000,000 $11,158,934
152 Kids First
51443 Yellow Brick Entrance
Replacement and Redesign $195,000 $295,000 $13,936 $100,000 $113,936 2023 2023
152 ‐ Kids First Fund Total $195,000 $295,000 $13,936 $100,000 $113,936
421 Water 51583 Fleet‐ Water ‐ 2023 $33,000 $50,000 $0 $17,000 $17,000 2023 2023
421 ‐ Water Fund Total $33,000 $50,000 $0 $17,000 $17,000
2023 CAPITAL PROJECTS
2022 and 2023 Project Funding Increases
2023 Budget Ordinance No. 7 - Page 39 213
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
431 Electric
51596 Electric System
Replacement ‐ 2023 $200,000 $285,000 $0 $85,000 $85,000 2023 2023
431 ‐ Electric Fund Total $200,000 $285,000 $0 $85,000 $85,000
451 Parking
51499 Bathrooms Upgrades to
ADA $150,000 $175,000 $145,039 $25,000 $170,039 2023 2023
451 ‐ Parking Fund Total $150,000 $175,000 $145,039 $25,000 $170,039
471 Golf 51604 Fleet ‐ Golf ‐ 2023 $96,800 $101,800 $0 $5,000 $5,000 2023 2023
471 ‐ Golf Fund Total $96,800 $101,800 $0 $5,000 $5,000
491 Housing
50647 Truscott Ph 1 Hot
Water Storage Tank
Replacement
$90,000 $198,220 $33,080 $108,220 $141,300 2024 2023
491 ‐ Truscott Housing Fund Total $90,000 $198,220 $33,080 $108,220 $141,300
510 Information
Technology
51508 Fiber Optic
Improvements ‐ 2022 $60,000 $108,579 $21,339 $48,579 $69,918 2022 2023
510 ‐ Information Technology Fund Total $60,000 $108,579 $21,339 $48,579 $69,918
Grand Total of Funding Changes $58,103,902 $61,948,401 $8,611,114 $3,844,499 $12,455,613
2023 Budget Ordinance No. 7 - Page 40 214
Exhibit E
Fund Department Project Title Explain any delay, increase in request, and any other relevant factors for consideration.
000 Environmental
Health
51544 EV Charging
Stations ‐ 2023
Request: EHS is requesting an additional $52,700 in 2023 for the purchase of electric vehicle (EV)
charging stations in support of the Council approved EV Public Charging Infrastructure
Masterplan. This total includes a 20% contingency.
Reason for supplemental: The EV Charging Station Budget 2023 currently has $80,000 approved in
capital budget. Goals identified in the EV Public Charging Infrastructure Masterplan are being
carried out through a partnership between EHS and Engineering to reduce overall project costs.
The supplemental request is for funds to supply Engineering with EV charging stations for
upcoming public works improvement/EV charging projects.
E Main/ N Monarch L3 charger details: The N Monarch/ E Main L3 project represents a significant
opportunity to install a fast‐charging amenity in the downtown core at one of the last available
fast charging locations (in terms of transformer capacity) identified in the EV Public Charging
Infrastructure Masterplan recommended site list (see page 7). L3 chargers (est. $70,000 inclusive
of ECI fees) cost substantially more than L2 chargers (est. $15,000 inclusive of ECI fees). L3
chargers provide better kWh value to the community than L2 chargers. The costs of both L3 and
L2 EV charging station equipment and labor has increased since the adoption of the EV Public
Charging Masterplan. The Engineering team is also having trouble collecting competitive bids on
minor projects. The N Monarch/ E Main L3 project will go ahead if supplemental funding is
secured.
Conclusion: By requesting an additional $52,700, EHS will be able to purchase the L3 station at
the N Monarch/ E Main St location and also purchase three other L2 stations in support of the EV
Public Charging Masterplan goals.
Electric Community Investment (ECI) fees: The request includes $24,000 in estimated ECI fees to
be collected by Aspen Electric through permits for upcoming projects.
000 Recreation
51211 HVAC System for
Red Brick Gym
Project is currently under contract and underway. Recent discussions and estimates with
consulting engineer as of February 2023 suggest a significant increase in construction budget
ranging from $300,000 to $750,000 due to increased labor and materials costs.
000 Recreation
50374 Mondo Flooring ‐
(AIG)Initial cost estimate is low in current inflationary environment.
000 Recreation
51565 Business Services
Office Remodel
Refined scoping and 2023 construction market indicates additional funding is necessary to
address scope. This is based on a recent site visit a few weeks ago from the architect.
000 ‐ AMP Fund Total
100 Parks
50986 Irrigation Efficiency
Improvements
Price of irrigation pumps and switches has increased, additional $25k will allow us to stay on the
current project timeline
2022 and 2023 Project Funding Increases
2023 CAPITAL PROJECTS
2023 Budget Ordinance No. 7 - Page 41 215
Exhibit E
Fund Department Project Title Explain any delay, increase in request, and any other relevant factors for consideration.
2023 CAPITAL PROJECTS
100 Parks
51481 Cozy Point Tractor
and Implements
During hay season in late 2022, significant mechanical problems with the primary tractor caused
delays and lost productivity for Cozy Point Ranch haying operations. This tractor replacement was
anticipated in 2025 budget, but staff have determined that it is preferable to replace sooner. This
amount will cover a new John Deere Tractor for Cozy Point Ranch. None of the current tractors at
Cozy Point Ranch are within the fleet budget and interval replacement.
100 Parks 51571 Fleet ‐ Parks ‐ 2023
Adding Parks and Open Space trailers into the fleet replacement budget, and this is the only trailer
up for replacement this year. All other Parks and Open Space trailers will be added to the 2024‐
2028 fleet replacement budget during preparation for the 2024 budget.
100 ‐ Parks Fund Total
120 Wheeler
50529 Personnel Lift ‐
Replacement
Original goods procurement contract cancelled; the estimates provided by the vendor turned out
to be the distributor price to the vendor, not the vendor's price for us; the result was a
significantly higher total cost. Project Manager, Craig Moxon is researching new vendor options.
Due to inflation and other factors, project costs are now closer to $22,000, with an additional
$3,000 requested as contingency funding.
120 Wheeler
51513 Onstage Audio
Monitor Console
Initial funding based on estimates from 2019. Due to Inflation and other factors, costs are now
closer to $140,000, with an additional $10,000 requested as contingency funding.
120 Wheeler
51524 Grand MA Lighting
Console
Initial funding based on estimates from 2019. Due to Inflation and other factors, costs are now
closer to $85,000, with an additional $5,000 requested as contingency funding. Reassign to Craig
Moxon.
120 ‐ Wheeler Fund Total
141 Transportation
51533 Rubey Park
Overhead Charging
Station
After receiving bids in 2023, it anticipated that RFTA and the city will need to negotiate for the
additional funds in material costs in concrete to place the structure.
141 ‐ Transportation Fund Total
2023 Budget Ordinance No. 7 - Page 42 216
Exhibit E
Fund Department Project Title Explain any delay, increase in request, and any other relevant factors for consideration.
2023 CAPITAL PROJECTS
150 Housing
51289 Burlingame Phase
3 ‐ New Construction
Buildings 8‐15 (79 units)
Supplemental construction funding for unforeseen conditions. For the majority of these
supplemental funds, the City is seeking reimbursement from applicable suppliers. These are
unforeseen expenditures which the City is investing toward labor and materials for a portion of
the work necessary to facilitate negotiated progress with replacement of work which arrived on
site and was determined to be nonconforming. The process of replacement is underway.
The balance of these funds are planned for extended insurance coverage and ongoing monthly
project expenses related to extending the on site construction operation, commonly referred to
as 'General Conditions'. Examples of general conditions are monthly expenses such as
construction administration and coordination, equipment rental, temporary building utilities, site
office rental and utilities, toilet rental, erosion control monitoring and cleanup, waste removal,
site fence rental, and other.
150 ‐ Housing Development Fund
152 Kids First
51443 Yellow Brick
Entrance Replacement
and Redesign
The Yellow Brick Entry Project was approved by City Council with the request to add ice melt for
safety purposes. The supplemental request for additional funding to include the ice melt system
and adjusted costs is reflected in the task level budget chart below. This chart shows the project
funding needs as provided by City of Aspen Asset department.
Item Cost
Design Services $20,000
Permiƫng $5,000
Base Project: $100,000
New Railings: $20,000
ADA Railing: $10,000
Snowmelt System $54,732
Snowmelt Electrical $15,000
Contingency (30%) $67,420
TOTAL $292,152
152 ‐ Kids First Fund Total
421 Water 51583 Fleet‐ Water ‐ 2023
Additional funding required based on inflation and upgrading this vehicle from a gas to hybrid
vehicle.
421 ‐ Water Fund Total
431 Electric
51596 Electric System
Replacement ‐ 2023
Requesting additional funds in 2023 to fund payment of single‐phase and three‐phase
transformers ordered in 2022 but subject to increased long‐lead times and not arriving until 2023.
Purchase was planned to be funded with budget from project 51496 Electric System Replacement ‐
2022. That 2022 project shall return $92,663 back to the electric fund.
431 ‐ Electric Fund Total
2023 Budget Ordinance No. 7 - Page 43 217
Exhibit E
Fund Department Project Title Explain any delay, increase in request, and any other relevant factors for consideration.
2023 CAPITAL PROJECTS
451 Parking
51499 Bathrooms
Upgrades to ADA
The bid came in for the project that was higher than estimates due to the change of material costs
over the year.
451 ‐ Parking Fund Total
471 Golf 51604 Fleet ‐ Golf ‐ 2023
$5,000 to cover inflationary costs ($75,000 was returned to fund balance from 51504 Fleet ‐ Golf ‐
2022 project): The additional request is for the Exp Dual 2000 Accu‐master reel Grinder. The 2023
budget is for $54,000 but the total cost is $56,954.17, due to unforeseen supply and shipping
costs. And the Cushman Hauler / Picker, $12,200 planned vehicles in 2023. Fleet is currently being
evaluated and will be updated in the 2024 capital planning cycle in March of 2023. In place of the
2007 Jac greens mower scheduled in 2023 which is being pushed out to 2024 or beyond a Top
Dresser will be purchased in 2023 for $23,000.
471 ‐ Golf Fund Total
491 Housing
50647 Truscott Ph 1 Hot
Water Storage Tank
Replacement
7 buildings with 16 water tanks approximately $9,000 each for equipment and installation.
$52,420 from existing authority from project 51221 and advancing funds from 2024 in this
project. New funding of about $55,000 is due to current economic construction environment and
a 20% contingency. RFP going out Q2 2023 for work
491 ‐ Truscott Housing Fund Total
510 Information
Technology
51508 Fiber Optic
Improvements ‐ 2022
Net zero to City of Aspen. Consolidation of 2019‐2021 fiber projects into 2022 project to complete
work started in 2022 and will finish in 2023.
510 ‐ Information Technology Fund Total
2023 Budget Ordinance No. 7 - Page 44 218
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
000 Asset
Management
51682 City Hall Project Close
Out $232,570 $232,570 $232,570 $0 $232,570 2023 2023
000 Asset
Management
51420 Old Powerhouse
Preservation Project $4,445,000 $4,445,000 $316,700 $0 $316,700 2025 2025
Asset Management Subtotal:$4,677,570 $4,677,570 $549,270 $0 $549,270
000 Police
51452 Automated Ticketing
System $60,000 $60,000 $60,000 $0 $60,000 2022 2023
Police Subtotal:$60,000 $60,000 $60,000 $0 $60,000
000 Streets 51437 Fleet ‐ 2022 $1,110,400 $1,010,680 $712,080 $0 $712,080 2023 2023
000 Streets
51438 Street Improvement ‐
2022 $1,098,065 $1,098,065 $898,065 $0 $898,065 2023 2023
000 Streets
51455 Street Department
Paint Gun ‐ 2022 $18,000 $18,000 $18,000 $0 $18,000 2022 2023
Streets Subtotal:$2,226,465 $2,126,745 $1,628,145 $0 $1,628,145
000 Environmental
Health
51540 Utility Benchmarking
Software $150,000 $90,000 $90,000 $0 $90,000 2023 2023
Climate Action Subtotal:$150,000 $90,000 $90,000 $0 $90,000
000 Engineering
50004_Small Lodge Right of
Way Improvements $45,582 $45,582 $45,582 $0 $45,582 2025 2023
000 Engineering
50486 Garmisch Bus Stop and
Pedestrian Improvements $5,084,477 $5,084,477 $569,766 $0 $569,766 2022 2023
000 Engineering
50913 Park Ave Infrastructure
Improvement $1,714,543 $1,714,543 $7,874 $0 $7,874 2023 2023
000 Engineering
51257 CDOT Joint Project on
Concrete Roundabout Design
and Construction
$1,340,000 $1,090,000 $110,000 $0 $110,000 2022 2023
000 Engineering
51259 Pedestrian Connection ‐
Garmisch Street Connection $285,000 $285,000 $4,671 $0 $4,671 2023 2023
2022 Carry Forward Projects to Fiscal Year 2023
2023 Budget Ordinance No. 7 - Page 45 219
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
000 Engineering
51445 Castle Creek Bridge
Trail Underpass Wall ‐ Design $65,000 $65,000 $65,000 $0 $65,000 2024 2024
000 Engineering
51459 West End Traffic
Calming Mitigation $32,000 $32,000 $10,591 $0 $10,591 2023 2023
000 Engineering
51543 Power Plant Road
Traffic Counter $50,000 $50,000 $50,000 $0 $50,000 2022 2023
Engineering Subtotal:$8,616,602 $8,366,602 $863,484 $0 $863,484
000 Recreation
50388 Plumbing ‐ ARC ‐
Domestic and Sewer Repairs $87,270 $87,270 $87,270 $0 $87,270 2022 2023
000 Recreation
50423 Lap Pool Cover
Replacement ‐ Out Years $14,000 $14,000 $14,000 $0 $14,000 2022 2023
000 ARC
50952 ARC Downstair
Remodel $371,890 $371,890 $25,353 $0 $25,353 2022 2023
000 Recreation
50961 LIA Roof Repair ‐
Continuous Seamless Roof
Design
$50,000 $50,000 $41,100 $0 $41,100 2023 2023
000 Recreation
51329 Aspen Ice Garden
Improvement Plan $65,000 $65,000 $36,429 $0 $36,429 2023 2023
000 Recreation
51330 Aspen Rec Center
Improvement Plan $100,000 $100,000 $59,724 $0 $59,724 2022 2023
000 Recreation
51334 AIG & LIA Compressor
Overhauls ‐ 2021 $20,000 $20,000 $16,004 $0 $16,004 2022 2023
000 Recreation
51463 Printer ‐ ARC ‐ Aquatics ‐
2022 $6,000 $6,000 $6,000 $0 $6,000 2022 2023
000 Recreation
51466 Boiler Vessel
Replacement ‐ 2022 $40,000 $40,000 $40,000 $0 $40,000 2022 2023
Recreation Subtotal:$754,160 $754,160 $325,880 $0 $325,880
000 ‐ AMP Fund Total $16,484,797 $16,075,077 $3,516,779 $0 $3,516,779
100 Parks 50329 Parks Site Interior $2,900,000 $2,900,000 $50,000 $0 $50,000 2024 2025
2023 Budget Ordinance No. 7 - Page 46 220
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
100 Parks
50350 Dolinsek Gardens
Development $904,000 $904,000 $141,951 $0 $141,951 2024 2025
100 Parks
50964 Maroon Creek Road
Trail ‐ Construction $4,250,000 $4,250,000 $37,084 $0 $37,084 2023 2024
100 Parks
50992 Iselin Tennis Court
Replacement ‐ Construction $3,200,000 $3,200,000 $281,932 $0 $281,932 2023 2024
100 Parks
51179 Recycling Cans for
Commercial Core $180,000 $180,000 $5,150 $0 $5,150 2028 2028
100 Parks
51340 Cozy Point Ranch
Improvements $1,791,400 $1,791,400 $255,167 $0 $255,167 2023 2024
100 Parks
51365 AABC to Intercept Trail
Planning $50,000 $50,000 $37,306 $0 $37,306 2022 2023
100 Parks 51446 Herron Park Bathroom $569,250 $569,250 $561,148 $0 $561,148 2022 2023
100 Parks
51483 Parks Campus Fire
Suppression Repair $84,000 $84,000 $82,864 $0 $82,864 2023 2023
100 Parks 51484 Fleet ‐ Parks ‐ 2022 $238,300 $238,300 $160,961 $0 $160,961 2023 2023
100 Parks
51652 Moore Ranch
Acquisition Partnership
Funding
$1,000,000 $1,000,000 $1,000,000 $0 $1,000,000 2022 2023
100 Parks 51671 Pedestrian Mall Safety $45,600 $45,600 $45,600 $0 $45,600 2023 2023
100 ‐ Parks Fund Total $15,212,550 $15,212,550 $2,659,163 $0 $2,659,163
120 Wheeler 50519 Website Redesign $80,000 $80,000 $40,000 $0 $40,000 2022 2023
120 Wheeler
51229 Interior Updates ‐
Operating System and
Paint/Patch/Repairs
$68,600 $68,600 $47,029 $0 $47,029 2022 2023
120 Wheeler
51442 Production
Improvements ‐ Qsys control
system
$275,000 $275,000 $251,685 $0 $251,685 2022 2024
2023 Budget Ordinance No. 7 - Page 47 221
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
120 Wheeler
51512 Replacement of
Theatrical Rigging System $2,337,500 $2,337,500 $236,898 $0 $236,898 2023 2024
120 Wheeler 51515 Spotlight Acquisition $49,950 $49,950 $49,572 $0 $49,572 2022 2023
120 Wheeler
51516 Wireless Microphone
Package $90,000 $90,000 $60,000 $0 $60,000 2022 2023
120 Wheeler
51518 Intelligent Lighting
Fixtures $80,000 $80,000 $9,048 $0 $9,048 2024 2023
120 Wheeler
51519 Theatre Sound System
Replacement $210,000 $210,000 $198,100 $0 $198,100 2022 2024
120 Wheeler
51523 Cinema Audio Cabinet
Replacement $60,000 $60,000 $60,000 $0 $60,000 2022 2023
120.513 ‐ Wheeler Fund Total $3,251,050 $3,251,050 $952,332 $0 $952,332
120 Recreation
51270 Design and
Implementation of
Improvements to Red Brick
Arts Public Spaces
$100,000 $100,000 $79,712 $0 $79,712 2022 2023
120 Recreation
51362 Public Corridor &
Gallery Design and Permit
Development
$50,000 $50,000 $12,755 $0 $12,755 2022 2023
120.552 ‐ Red Brick Arts Fund Total $150,000 $150,000 $92,467 $0 $92,467
150 Housing
51225 Lumber Yard Housing
Development $4,425,000 $4,425,000 $707,298 $0 $707,298 2030 2024
150 Housing
51418 Placeholder for Other
Development Opportunities $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 2022 2024
150 ‐ Housing Development Fund Total $24,425,000 $24,425,000 $20,707,298 $0 $20,707,298
152 Kids First 50551 Plumbing ‐ Yellow Brick $136,700 $136,700 $3,251 $0 $3,251 2023 2023
152 Kids First
51161 Childcare Capacity ‐
(Planning and Design)$1,250,000 $1,250,000 $950,223 $0 $950,223 2023 2023
152 Kids First
51414 Replacement of
Common Area Flooring ‐
Yellow Brick
$146,000 $146,000 $146,000 $0 $146,000 2023 2023
152 ‐ Kids First Fund Total $1,532,700 $1,532,700 $1,099,474 $0 $1,099,474
2023 Budget Ordinance No. 7 - Page 48 222
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
160 Engineering
50126_SW Master Planning
2016 $225,000 $225,000 $31,637 $0 $31,637 2022 2023
160 Engineering
50849 Master Planning ‐ River
Management Plan Phase II $60,000 $60,000 $60,000 $0 $60,000 2022 2023
160 ‐ Stormwater Fund Total $285,000 $285,000 $91,637 $0 $91,637
421 Water
50574 New Disinfection
System and Building $530,000 $530,000 $61,918 $0 $61,918 2022 2026
421 Water
50579 Improvements to West
Red's Pump Station $1,085,000 $1,085,000 $1,064,990 $0 $1,064,990 2023 2025
421 Water
50745 Backwash Pond ‐
Master Plan & Solids
Mitigation
$460,000 $460,000 $45,612 $0 $45,612 2022 2023
421 Water
50755 USGS Gaging Stations &
NRCS SNOTEL Site $120,000 $120,000 $120,000 $0 $120,000 2022 2024
421 Water
50935 East and West WTP
Filter‐ Filter Gallery and
Control Improvements
$2,400,000 $2,400,000 $150,000 $0 $150,000 2024 2026
421 Water
50937 WTP Campus ‐ Exterior
Building Improvements $670,000 $670,000 $293,831 $0 $293,831 2023 2026
421 Water
50943 Fluoride Feed System
Replacement $495,000 $495,000 $42,483 $0 $42,483 2022 2026
421 Water
51129 Micro Hydro Maroon /
Castle Creek $450,000 $450,000 $50,000 $0 $50,000 2023 2025
421 Water
51130 WATER Aspen
Intelligent Metering (AIM) ‐
Network ‐ 2020
$1,452,010 $1,241,373 $200,000 $0 $200,000 2022 2023
421 Water
51133 Hunter Creek Pipeline
Loop ‐ Out Years $525,000 $406,709 $125,000 $0 $125,000 2022 2023
421 Water 51138 Woody Creek Parcel $475,000 $475,000 $323,902 $0 $323,902 2023 2024
421 Water
51140 Water Rights ‐ Transfer
Mechanisms $225,000 $225,000 $145,056 $0 $145,056 2022 2023
2023 Budget Ordinance No. 7 - Page 49 223
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
421 Water
51317 Maroon Creek Penstock
Lining Project ‐ 2021 $5,375,000 $5,375,000 $4,000,000 $0 $4,000,000 2024 2024
421 Water
51325 Water Campus ‐
Network Components ‐ 2021 $8,000 $8,000 $8,000 $0 $8,000 2022 2023
421 Water
51327 Pump Station Standby
Power $850,000 $850,000 $378,380 $0 $378,380 2023 2024
421 Water
51493 Water Treatment Plant
Improvements ‐ 2022 $50,000 $50,000 $35,302 $0 $35,302 2023 2023
421 ‐ Water Utility Fund Total $15,170,010 $14,841,082 $7,044,474 $0 $7,044,474
431 Electric
51309 Electric System
Assessment: Projects
Identified ‐ 2021
$450,000 $450,000 $351,596 $0 $351,596 2022 2024
431 Electric
51311 Information
Technology Plan ‐ 2021 $370,000 $370,000 $328,500 $0 $328,500 2022 2024
431 Electric
51444 Red Brick Electric
Circuit Replacement ‐
Construction
$4,500,000 $4,500,000 $331,001 $0 $331,001 2024 2024
431 Electric
51495 Cable Replacement ‐
2022 $225,000 $225,000 $145,582 $0 $145,582 2022 2023
431 Electric 51497 Fleet ‐ Electric ‐ 2022 $40,000 $40,000 $40,000 $0 $40,000 2023 2023
431 ‐ Electric Utility Fund Total $5,585,000 $5,585,000 $1,196,679 $0 $1,196,679
451 Parking 51407 Elevator Replacement $250,000 $250,000 $103,380 $0 $103,380 2022 2023
451 Parking 51500 Fire Detection Devices $40,000 $40,000 $40,000 $0 $40,000 2022 2023
451 ‐ Parking Fund Total $290,000 $290,000 $143,380 $0 $143,380
471 Golf
50617 Interior ‐ Golf and
Nordic Clubhouse $75,800 $75,800 $66,530 $0 $66,530 2022 2023
471 Golf
50618 Electrical ‐ Golf and
Nordic Clubhouse $14,700 $14,700 $2,043 $0 $2,043 2022 2023
2023 Budget Ordinance No. 7 - Page 50 224
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
471 Golf
51538 Golf Facility
Improvements $59,700 $59,700 $11,514 $0 $11,514 2022 2023
471 Golf
51541 Golf Shop Fixtures for
Retail Inventory $11,500 $11,500 $10,531 $0 $10,531 2022 2023
471 ‐ Golf Course Fund Total $161,700 $161,700 $90,618 $0 $90,618
491 Housing
50624 Truscott Asphalt
Overlay $45,000 $45,000 $45,000 $0 $45,000 2022 2023
491 Housing
50625 Truscott Snow Removal
Equipment Replacement $12,000 $12,000 $12,000 $0 $12,000 2022 2023
491 Housing
50626 Site ‐ 100 Building
Office Clubhouse ‐Out Years $38,000 $38,000 $21,900 $0 $21,900 2022 2023
491 Housing
50643 Truscott 100 Laundry
Room Equipment
Replacement
$224,000 $224,000 $224,000 $0 $224,000 2022 2024
491 Housing
50645 Truscott 600 and 900
Laundry Rm. Equipment
Replacement
$47,000 $47,000 $47,000 $0 $47,000 2022 2024
491 Housing
50660 Truscott Snowblower
Replacement 2022 $10,000 $10,000 $10,000 $0 $10,000 2022 2023
491 Housing
51422 Fleet ‐ Housing
Properties ‐ 2021 $30,000 $30,000 $30,000 $0 $30,000 2022 2023
491 ‐ Truscott Housing Fund Total $406,000 $406,000 $389,900 $0 $389,900
505 Asset
Management
51429 Renovation of 705
Cemetery Lane $474,400 $474,400 $36,172 $0 $36,172 2022 2023
505 Housing
51529 Main Street Cabin
Housing $2,100,000 $2,100,000 $305,581 $0 $305,581 2023 2024
505 Housing
51534 Water Place Roof
Replacement $1,112,000 $1,112,000 $441,626 $0 $441,626 2024 2024
505 Housing
51539 Water Place Housing
Boiler Replacements $215,000 $215,000 $32,324 $0 $32,324 2022 2023
2023 Budget Ordinance No. 7 - Page 51 225
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
505 Asset
Management
51668 Retaining Wall
Improvement ‐ Water Place $200,000 $200,000 $200,000 $0 $200,000 2023 2023
505 Asset
Management
51669 Snowmass Unit ‐
Renovation $100,000 $100,000 $56,625 $0 $56,625 2023 2023
505 ‐ Employee Housing Fund Total $4,201,400 $4,201,400 $1,072,328 $0 $1,072,328
510 Information
Technology
51389 New City Offices
Minimal Networking &
Communications
$209,000 $209,000 $46,527 $0 $46,527 2022 2023
510 Information
Technology
51435 Roaring Fork
Broadband $442,900 $442,900 $423,525 $0 $423,525 2022 2023
510 Information
Technology
51670 City Hall Server Room
Cooling System $350,000 $350,000 $350,000 $0 $350,000 2022 2023
510 ‐ Information Technology Fund Total $1,001,900 $1,001,900 $820,052 $0 $820,052
Total ‐ Capital Projects $146,261,009 $149,366,860 $48,487,695 $3,844,499 $52,332,194
2023 Budget Ordinance No. 7 - Page 52 226
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
000 Engineering
40009 Traffic Signal
Maintenance N/A N/A $83,631 $0 $83,631 N/A N/A
000 Recreation
40010 Upgrades to
Technology N/A N/A $20,076 $0 $20,076 N/A N/A
000 Recreation
40108 ARC Facility
Maintenance N/A N/A $80,094 $0 $80,094 N/A N/A
000 Recreation
40109 AIG Facility
Maintenance N/A N/A $20,702 $0 $20,702 N/A N/A
000 Recreation
40110 Red Brick Facility
Maintenance N/A N/A $41,113 $0 $41,113 N/A N/A
120 Recreation
40021 Red Brick Arts Sewer
Maintenance N/A N/A $23,549 $0 $23,549 N/A N/A
471 Golf
40068 Golf Course Annual
Improvements N/A N/A $6,404 $0 $6,404 N/A N/A
471 Golf 40070 Ditch Maintenance N/A N/A $22,000 $0 $22,000 N/A N/A
000 Information
Technology
40001 Core City Network ‐
AMP N/A N/A $165,448 $0 $165,448 N/A N/A
100 Parks
40030 Core City Network ‐
Parks N/A N/A $1,565 $4,135 $5,700 N/A N/A
120 Wheeler
40045 Core City Network ‐
Wheeler N/A N/A $0 $8,800 $8,800
152 Kids First
40053 Core City Network ‐
Kids First N/A N/A $1,250 $3,350 $4,600 N/A N/A
141 Transportation
40051 Core City Network ‐
Transportation N/A N/A $0 $4,600 $4,600
2022 Carry Forward Capital Maintenance to Fiscal Year 2023
2023 Budget Ordinance No. 7 - Page 53 227
Exhibit E
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
2023 CAPITAL PROJECTS
421 Water
40055 Core City Network ‐
Water N/A N/A $8,453 $2,247 $10,700 N/A N/A
431 Electric
40061 Core City Network ‐
Electric N/A N/A $3,600 $0 $3,600 N/A N/A
451 Parking
40063 Core City Network ‐
Parking N/A N/A $4,000 $0 $4,000 N/A N/A
471 Golf
40069 Core City Network ‐
Golf N/A N/A $2,500 $0 $2,500 N/A N/A
491 Housing
40082 Core City Network ‐
Truscott N/A N/A $1,250 $3,350 $4,600 N/A N/A
510 Information
Technology 40073 Network Services N/A N/A $386,029 $0 $386,029 N/A N/A
Total ‐ Capital Maintenance $0 $0 $871,664 $26,482 $898,146
Total ‐ Capital $146,261,009 $149,366,860 $49,359,359 $3,870,981 $53,230,340
2023 Budget Ordinance No. 7 - Page 54 228
Exhibit E
Fund Department Project Title Explain any delay, increase in request, and any other relevant factors for consideration.
000 Engineering
40009 Traffic Signal
Maintenance
Need to carry forward funds to implement improved battery back up system for traffic signals on
main street This work was not completed in 2022 because staff elected to install an upgraded
battery backup system compared to what was originally proposed, which has an increased cost.
The upgraded system is more resilient and more easily maintained by local contractors. CDOT
agreed to pay the increased cost of the upgraded system. CDOT has a lengthy approval process
that included an amendment to the IGA. The amendment was not yet approved in 2022, so work
could not be completed. The full amount of the battery backups will be reimbursed.
000 Recreation
40010 Upgrades to
Technology
This funding will be used to procure and install network components and infrastructure as
recommended by the RecNet Network Assessment. We received the initial draft of the Network
Assessment in late 2022 and were unable to complete the recommended purchases before the
end of the year. We expect to receive the completed Network Assessment, including a full list of
recommended network equipment upgrades, in early 2023. For example, these funds will be used
for cable upgrades, network hardware switches, firewalls, locking hardware racks to secure the
critical physical components, and network topology development and documentation to meet PCI
compliance standards. These funds will be combined with the $45,000 in 2023 to pay for the work
outlined above.
This capital maintenance project was in 000.542 in 2022 but we'd like the project to be coded to
000.592 when carried forward into 2023.
000 Recreation
40108 ARC Facility
Maintenance
At the ARC there are several outstanding maintenance items our staff was unable to complete in
2022 due to insufficient staffing capacity: procure replacement parts and materials to increase the
longevity of the aging glass garage doors in the pool area, repair aged steamers and pipes, replace
aging pumps for the pool, purchase replacement components to prolong the life of critical
building infrastructure such as: ice cooling tower, metal heat exchangers for snowmelt pits,
building management system, steamers, pipes, and other known end‐of‐life items. These funds
will also cover the completion of a range of deferred maintenance items not finished due to staff
time constraints.
000 Recreation
40109 AIG Facility
Maintenance
At the AIG there are several outstanding maintenance items our staff was unable to complete in
2022: replace the south‐side window glazing, conduct an electrical infrastructure survey to review
current infrastructure and map the electrical system to improve response times when issues arise,
resolve compromised electrical infrastructure throughout the building, and ammonia system
component upgrades.
000 Recreation
40110 Red Brick Facility
Maintenance
The following items represent critical work that wasn't able to be finished in 2022 due to
insufficient staffing capacity to either perform the work or manage the outsourcing of the work:
conduct an electrical infrastructure survey to review current infrastructure and map the electrical
system to improve response times when issues arise, replace north facade light fixtures, complete
small plumbing improvements to upgrade compromised and insufficient plumbing infrastructure
under several artists' studios, and repaint the exterior of the gym.
2023 CAPITAL PROJECTS
2022 Carry Forward Capital Maintenance to Fiscal Year 2023
2023 Budget Ordinance No. 7 - Page 55 229
Exhibit E
Fund Department Project Title Explain any delay, increase in request, and any other relevant factors for consideration.
2023 CAPITAL PROJECTS
120 Recreation
40021 Red Brick Arts
Sewer Maintenance
This project is nearing completion but was suspended over the winter. It will be completed as
soon as weather conditions improve in 2023, so that we don't incur high winter construction
costs. The contract was established and the work scope was initiated in late 2022.
471 Golf
40068 Golf Course Annual
Improvements
We intend to use these carryforward funds to add an additional permanent drinking fountain at
the restrooms on Hole 5. We will also repair and update the currently broken drinking fountain on
Hole 15. This is imperative to provide golfers with water when the beverage cart is not available
during certain times and dates throughout the season. Additionally, we will add a defibrillator at
the restrooms on Hole 5, a crucial safety measure for guests and staff. We intend to combine
these $6,400 carryforward funds with $10,000 of existing 2023 capital maintenance dollars to
complete this project all at once as a single project.
471 Golf 40070 Ditch Maintenance
Staffing constraints in 2022 prevented Golf staff from completing the ditch maintenance work as
previously scheduled. After evaluating our current staff capacity and facility needs, we anticipate
making progress on the following projects in 2023 using these carryforward funds combined with
the $10,000 from 2023: updating the head gate by making a more permanent diversion for head
gate water, updating diversion boxes to better manage the flow of water to the golf course as
well as private users on Cemetery Lane, and annual removal of large debris impeding the flow of
water, such as rocks, trees, roots...etc.
Multiple Funds Core City Network
Funds are for replacement of network equipment at specific locations throughout the City of
Aspen. This equipment is extended beyond the calculated replacement schedule. Funding is
required for when the equipment ultimately needs replacement.
Total ‐ Capital Maintenance
2023 Budget Ordinance No. 7 - Page 56 230
Exhibit F
Department/Description Operating Capital Transfer Out
West End Traffic Calming: Additional funding required to follow up with Council and
West End residents concerning stop signs, decreased speed limits, pedestrian safety, and
other non‐infrastructure solutions with a study from a traffic engineering consultant. This
additional funding will help address concerns/direction from Council.
$30,000
Hallam Street Roadway Improvements at Yellow Brick Building: The scope of these
stormwater improvements are being combined in the Stormwater Fund to maximize the
use of the American Rescue grant funding in 2023. The stormwater infrastructure
improvements on Hallam and Garmisch were approved by Council on April 25, 2023.
($335,000)
327 ‐ Engineering Subtotal: $0 ($305,000) $0
Kilter Board: This request would cover the purchase and installation of a new electronic
indoor climbing board and safety padding at Red Brick. The board includes unique and
custom holds that light up around their edge using an App and LED lighting system
developed by Kilter and Aurora climbing. Users can build their out custom routes, track
their ascents, compete against users globally, and share within the App community. City
Manager has reviewed and approved in April 2023. Fund from Departmental Savings in
the AMP Fund.
$28,780
542 ‐ Recreation Subtotal: $0 $28,780 $0
000 ‐ Asset Management Plan Fund Total:$0 ($276,220) $0
Winter Overnight Shelter IGA (One‐Time): On February 14th, 2023, City Council
approved Resolution # 023, Series of 2023, approving Intergovernmental Agreement
between Pitkin County, Town of Snowmass Village, Aspen Valley Hospital and City of
Aspen regarding an Emergency Winter Overnight Shelter. The City of Aspen's portion of
this agreement for 2023 will be $25,000. Staff requests for this money to be added to the
Council budget along with the other HHS funding.
$25,000
World Cup Funding: Approved by Council at January 10, 2023 Meeting. Council approved
a $100,000 cash contribution for America's Downhill Audi FIS Ski World Cup at the
January 10, Council meeting. At this meeting, Aspen Skiing Company asked for funding to
help with costs of putting on this event and keeping the Wagner Park activation free and
open to the community and guests.
$100,000
Senior Services IGA: Technical oversight in 2022 led to an over‐commitment of grant
funding. This technical adjustment fulfills our IGA obligation.
$46,040
112 ‐ Mayor and Council Subtotal: $171,040 $0 $0
City Manager Annual Payout Adjustment: This appropriates funding for the annual
payout for the City Manager per contract language.
$14,390
Cybersecurity Audit: This request would cover a Cybersecurity audit for the City of Aspen
data networks, including external and internal penetration testing, review of
administrative permissions, physical security assessment, and review of the city’s current
security practices and overall posture. City Manager has reviewed and approved this in
August 2022 as intended to be funded out of Central Savings for $47,975. These funds are
to be transferred from the General Fund to the IT fund and appropriated in the IT fund
under 11820 ‐ Network Services program.
$47,975
2023 TECHNICAL ADJUSTMENTS
2023 Budget Ordinance No. 7 - Page 57 231
Exhibit F
Department/Description Operating Capital Transfer Out
2023 TECHNICAL ADJUSTMENTS
West End Traffic Calming: Additional funding required to follow up with Council and
West End residents concerning stop signs, decreased speed limits, pedestrian safety, and
other non‐infrastructure solutions with a study from a traffic engineering consultant. This
additional funding will help address concerns/direction from Council.
($30,000) $30,000
Mobile Device Management: This request would cover the first year of service of a
specialized mobile device management service (MDM) for all City issued phones and
tablets. This provides a more secure environment for these devices with greater IT
control and management, while also allowing IT to more easily reset and reissue mobile
equipment from inventory to new users. Fund from Central Savings in the 510 Fund.
($14,400) $14,400
114 ‐ City Manager Subtotal: ($30,010) $0 $92,375
Bear Conflict Reduction Grant (One‐Time): On April 13th, 2022, the Aspen Police
Department provided City Council in a memo, the update on support and partnership the
City of Aspen was providing Colorado Parks and Wildlife (CPW) towards a regional grant
submission for programming with the goal of reducing human‐bear conflict. Programs
funded by these grants are intended to prevent conflict with bears and encourage
coexistence. The City committed $10,000 to this project. The City of Aspen will be
receiving 150% of our commitment $15,000 from CPW. With the funds received from
CPW and the City funds it will be a total of $25,000 that will be invested on
communications material, bear proof trash containers and/or the hiring of a seasonal
bear education and enforcement officer. Due to our location in core bear habitat, the
City’s commitment to seeking new ways to address human/bear interactions, and our
track record of seeking community buy in and participation in resolving such conflicts,
this investment will help move the needle regionally in educating and helping citizens and
visitors alike understand the importance of respect for bears in their habitat. The money
needs to be spent by July 1, 2023.
$25,000
Evidence Tech Pilot Program (One‐Time): The evidence tech pilot program was reviewed
and approved by the City Manager as funded from Police Department's savings in 2022.
This program budget request is an estimate subject to the qualifications met by personnel
at hiring, to start in March 2023 and continue into March of 2024, as a one‐year trial.
Police Departmental Savings is adjusted in 2023 for this amount.
$35,000
Peace Officer Standards and Training (POST) Grant (On‐Going): The Aspen Police
Department is part of a multi‐agency training The Aspen Police Department is part of a
multi‐agency training program named Roaring Fork Regional Training Program. This
program consists of four agencies working together to provide training in the following
areas: firearms, arrest control, driving, active shooter and Less Lethal. The agencies within
the program are the Pitkin County Sheriff's Office, Basalt Police Department, Snowmass
Village Police Department and the Aspen Police Department. The program provides: 16
hours of firearms training each year, 16 hours of arrest control training, 9 hours of active
shooter training, and 4 hours of less lethal training. The program also provides case law
review, use of force updates, scenarios based training and review of C.R.S. The cost of the
program is broken down per officer. The cost per officer is $487. The Aspen Police
Department contributed $14,116. A grant request was submitted to POST and the police
department was awarded $8,798. Each year we submit this request to POST and we are
granted approximately this amount annually. Therefore this request is on‐going.
$8,798
221 ‐ Police Department Subtotal: $68,798 $0 $0
2023 Budget Ordinance No. 7 - Page 58 232
Exhibit F
Department/Description Operating Capital Transfer Out
2023 TECHNICAL ADJUSTMENTS
Kilter Board: This request would cover the purchase and installation of a new electronic
indoor climbing board and safety padding at Red Brick. The board includes unique and
custom holds that light up around their edge using an App and LED lighting system
developed by Kilter and Aurora climbing. Users can build their out custom routes, track
their ascents, compete against users globally, and share within the App community. City
Manager has reviewed and approved in April 2023. Fund from Departmental Savings in
the AMP Fund.
($28,780)$28,780
542 ‐ Recreation Subtotal: ($28,780) $0 $28,780
001 ‐ General Fund Total: 181,048 ‐ 121,155
COBS Property Contribution: Council approved this contribution to support Aspen Valley
Land Trust in acquiring and conserving Colorado Outward Bound School (COBS)
basecamp in Marble, Colorado on March 28, 2023.
$200,000
100 ‐ Parks & Open Space Fund Total:$200,000 $0 $0
Red Brick Public Arts Program at City Hall: Council increased from 50K to 100K during
budget deliberations in 2022.
$50,000
552 ‐ Red Brick Arts Subtotal: $50,000 $0 $0
120 ‐ Arts and Culture Fund Total:$50,000 $0 $0
Habitat for Humanity Contribution: Council approved this contribution to support a
regional housing summit on March 14, 2023.$5,000
150 ‐ Housing Development Fund Total:$5,000 $0 $0
51674 Waterline Replacement on Hallam and Garmisch: On April 25, 2023 Council
approved waterline replacement capital projects on Hallam and Garmisch. This
represents the Water Utility Fund portion of the overall $1.6M project. This allocation
covers the installation costs of new watermains in these intersecting blocks of Hallam and
Garmisch. This creates synergy and savings by replacing both stormwater and watermains
at the same time.
$452,770
Damaged Vehicle Replacement: A water utility vehicle was totaled and needs to be
replaced. Staff is upgrading this vehicle from a gas to hybrid vehicle. The insurance will
partially offset the replacement cost.
$50,000
Increase in Water Treatment Chemical Costs: Council approved this increase in water
treatment chemical expenses on February 28, 2023
$38,000
421 ‐ Water Utility Fund Total:$38,000 $502,770 $0
Purchase of five Burlingame III housing units: On March 27, 2023 Council approved the
purchase of two 1‐bedroom units and three 2‐bedroom units at Burlingame phase III.
This purchase, totaling $3,578,317, includes all land and infrastructure costs. These units
will grow the City's internal housing program, prioritizing essential and emergency (public
safety) staff, which allows for a sustained focus on preserving community priorities and
providing timely emergency services. The Employee Housing Fund will reimburse units
purchased from the Housing Development Fund.
$3,578,317
505 ‐ Employee Housing Fund $3,578,317 $0 $0
2023 Budget Ordinance No. 7 - Page 59 233
Exhibit F
Department/Description Operating Capital Transfer Out
2023 TECHNICAL ADJUSTMENTS
Cybersecurity Audit: This request would cover a Cybersecurity audit for the City of Aspen
data networks, including external and internal penetration testing, review of
administrative permissions, physical security assessment, and review of the city’s current
security practices and overall posture. City Manager has reviewed and approved this in
August 2022 as intended to be funded out of Central Savings for $47,975. These funds are
to be transferred from the General Fund to the IT fund and appropriated in the IT fund
under 11820 ‐ Network Services program.
$47,975
Mobile Device Management: Fund from Central Savings in the 510 Fund $14,400
510 ‐ Information Technology Fund Total:$62,375 $0 $0
Employee Payout: Per City policy, payout of employee accrued PTO and sick leave.
001 ‐ General Fund Total: $40,230
421 ‐ Water Utility Fund Total: $1,440
451 ‐ Parking Fund Total: $1,950
471 ‐ Golf Fund Total: $0
Transfer of Central Savings: Transfer from departments as part of their contribution to
the Central Savings program administered by the City Manager.
100 ‐ Parks and Open Space Fund $1,760
120 ‐ Arts and Culture Fund $25,300
141 ‐ Transportation Fund $4,330
152 ‐ Kids First Fund $3,790
160 ‐ Stormwater Fund $1,600
421 ‐ Water Utility Fund $8,900
431 ‐ Electric Utility Fund $8,670
451 ‐ Parking Fund $5,540
471 ‐ Golf Fund $10,770
510 ‐ Information Technology Fund $860
Total Technical Adjustments ‐ Operating / Capital / Transfers:$4,158,360 $226,550 $192,675
2023 Budget Ordinance No. 7 - Page 60 234
Exhibit G
Department/Description Revenue Transfer In
51540 Utility Benchmarking Software: City of Aspen received grant from CO Energy office in 2022 to
pay for utility benchmarking software for the building IQ program. The project was delayed until 2023
to align with Utilities onboarding of the new billing software. Council approved a contract with a
software vendor in 2023 at a total of $85,000 and the project will be completed by December 2023.
$90,000
51459 West End Traffic Calming: Additional funding required to follow up with Council and West End
residents concerning stop signs, decreased speed limits, pedestrian safety, and other non‐
infrastructure solutions with a study from a traffic engineering consultant. This additional funding will
help address concerns/direction from Council. Fund from Dept Savings
$30,000
Kilter Board: This request would cover the purchase and installation of a new electronic indoor
climbing board and safety padding at Red Brick. The board includes unique and custom holds that
light up around their edge using an App and LED lighting system developed by Kilter and Aurora
climbing. Users can build their out custom routes, track their ascents, compete against users globally,
and share within the App community. City Manager has reviewed and approved in April 2023. Fund
from Departmental Savings in the AMP Fund.
$28,780
000 ‐ Asset Management Fund Total: $90,000 $58,780
Transfer of Central Savings: Transfer from departments as part of their contribution to the Central
Savings program administered by the City Manager.$71,520
114 ‐ Manager's Office Subtotal:$0 $71,520
Bear Conflict Reduction Grant (One‐Time): On April 13th, 2022, the Aspen Police Department
provided City Council in a memo, the update on support and partnership the City of Aspen was
providing Colorado Parks and Wildlife (CPW) towards a regional grant submission for programming
with the goal of reducing human‐bear conflict. Programs funded by these grants are intended to
prevent conflict with bears and encourage coexistence. The City committed $10,000 to this project.
The City of Aspen will be receiving 150% of our commitment $15,000 from CPW. With the funds
received from CPW and the City funds it will be a total of $25,000 that will be invested on
communications material, bear proof trash containers and/or the hiring of a seasonal bear education
and enforcement officer. Due to our location in core bear habitat, the City’s commitment to seeking
new ways to address human/bear interactions, and our track record of seeking community buy in and
participation in resolving such conflicts, this investment will help move the needle regionally in
educating and helping citizens and visitors alike understand the importance of respect for bears in
their habitat. The money needs to be spent by July 1, 2023.
$15,000
Peace Officer Mental Health Support Grant Program: Formal action required to carry forward
remaining $19,844 in grant funding from 2022 to 2023.
On April 23rd, 2021, the Aspen Police Officer was awarded a grant from the Colorado Department of
Local Affairs (DOLA) for the purpose of helping agencies provide mental health services to peace
officers. The Aspen Police Department was awarded $44,000. This grant may also be used by Pitkin
County Sherriff's Office, Snowmass Police Department and Basalt Police Departments, with Aspen
Police Department being the department fiscally responsible party. The $19,844 remaining funds
need to be expended by December 31, 2023.
$19,844
2023 SPRING SUPPLEMENTAL REVENUE DETAIL
2023 Budget Ordinance No. 7 - Page 61 235
Exhibit G
Department/Description Revenue Transfer In
2023 SPRING SUPPLEMENTAL REVENUE DETAIL
Peace Officer Standards and Training (POST) Grant (On‐Going): The Aspen Police Department is part
of a multi‐agency training The Aspen Police Department is part of a multi‐agency training program
named Roaring Fork Regional Training Program. This program consists of four agencies working
together to provide training in the following areas: firearms, arrest control, driving, active shooter
and Less Lethal. The agencies within the program are the Pitkin County Sheriff's Office, Basalt Police
Department, Snowmass Village Police Department and the Aspen Police Department. The program
provides: 16 hours of firearms training each year, 16 hours of arrest control training, 9 hours of active
shooter training, and 4 hours of less lethal training. The program also provides case law review, use of
force updates, scenarios based training and review of C.R.S. The cost of the program is broken down
per officer. The cost per officer is $487. The Aspen Police Department contributed $14,116. A grant
request was submitted to POST and the police department was awarded $8,798. Each year we submit
this request to POST and we are granted approximately this amount annually. Therefore we would
like this request to be on‐going.
$8,798
221 ‐ Police Department Subtotal:$43,642 $0
001 ‐ General Fund Total: $43,642 $71,520
Purchase of Five Burlingame III Housing Units: On March 27, 2023 Council approved the purchase of
two 1‐bedroom units and three 2‐bedroom units at Burlingame phase III. This purchase, totaling
$3,578,317, includes all land and infrastructure costs. These units will grow the City's internal housing
program, prioritizing essential and emergency (public safety) staff, which allows for a sustained focus
on preserving community priorities and providing timely emergency services. The Employee Housing
Fund will reimburse units purchased from the Housing Development Fund.
$3,578,317
150 ‐ Housing Development Fund Total: $3,578,317 $0
Remove ISIS Lease Payment Revenue from 2023: the expense side was removed prior to adoption of
the 2023 budget; the revenue was not removed. This corrects that oversight.
($175,747)
250 ‐ Debt Service Fund Total: ($175,747) $0
51140 Water Rights ‐ Transfer Mechanisms: This project is state funded with a remaining budget for
2023. State grant money of $96,111.25 will be received in 2023 to account code
421.322.81200.43429.51140.
$96,111
Damaged Vehicle Replacement: A water utility vehicle was totaled and needs to be replaced. Staff is
upgrading this vehicle from a gas to hybrid vehicle. The insurance will partially offset the replacement
cost.
$21,606
421 ‐ Water Utility Fund Total: $117,717 $0
Cybersecurity Audit: This request would cover a Cybersecurity audit for the City of Aspen data
networks, including external and internal penetration testing, review of administrative permissions,
physical security assessment, and review of the city’s current security practices and overall posture.
City Manager has reviewed and approved this in August 2022 as intended to be funded out of Central
Savings for $47,975. These funds are to be transferred from the General Fund to the IT fund and
appropriated in the IT fund under 11820 ‐ Network Services program.
$47,975
Mobile Device Management: This request would cover the first year of service of a specialized mobile
device management service (MDM) for all City issued phones and tablets. This provides a more secure
environment for these devices with greater IT control and management, while also allowing IT to
more easily reset and reissue mobile equipment from inventory to new users. Fund from Central
Savings in the 510 Fund.
$14,400
2023 Budget Ordinance No. 7 - Page 62 236
Exhibit G
Department/Description Revenue Transfer In
2023 SPRING SUPPLEMENTAL REVENUE DETAIL
51435 Roaring Fork Broadband: $111,500 grant (50% reimbursement) fiber development to tie into
Holy Cross fiber project, leasing grant to tie into their system from Aspen to Glenwood Spring.
$111,500
51435 Roaring Fork Broadband: $221,500 Matching grant of $221,500 from CDOLA to recover 50% of
project costs related to construction and equipment of the Roaring Fork Broadband project.
$221,500
510 ‐ Information Technology Fund Total: $333,000 $62,375
Total Revenue / Transfers In:$3,986,929 $192,675
2023 Budget Ordinance No. 7 - Page 63 237
Exhibit A: Component Unit 2023 Appropriations By FundSection 2Fund Name2023 Revised Opening Balance2023 Adopted Revenue2023 Spring Supplemental Revenue2023 Amended Revenue Budget2023 Adopted Expense2023 Spring Supplemental Expense2023 Amended Expense Budget2023 Ending Balance641 ‐ Truscott Phase II Fund$973,813$3,216,430$0 $3,216,430 $3,423,650 $89,081 $3,512,731$677,512642 ‐ Aspen Country Inn Fund$212,823$426,650$0 $426,650$409,190$0 $409,190$230,283670 ‐ Aspen Mini Storage Fund$7,840$500,000$0 $500,000$504,180$0 $504,180$3,660Opening BalanceRevenuesExpensesEnding Balance2023 Budget Ordinance No. 7 - Page 64 238
Exhibit H
Fund Department Project Title
Lifetime
Amount
Revised
Lifetime
Amount
Amt to Carry
Forward to
2023
Additional
Funding in
2023 Total Request
Finish
Year
Revised
Finish
Year
641 Housing 51617 Stairway replacement $1,800,000 $1,800,000 $89,081 $89,081 2023 2023
641 ‐ Truscott Phase 2 Fund Total $1,800,000 $1,800,000 $89,081 $0 $89,081
Total ‐ Capital $1,800,000 $1,800,000 $89,081 $0 $89,081
2023 COMPONENT UNIT CAPITAL PROJECTS
2022 Carry Forward Projects to Fiscal Year 2023
2023 Budget Ordinance No. 7 - Page 65 239
ORDINANCE No. 7
(Series of 2023)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROPRIATING
AN INCREASE IN 1) THE 2023 MUNICIPAL BUDGET; AND 2) THE 2023 BUDGET FOR TRUSCOTT
PHASE II AFFORDABLE HOUSING FUND WHICH IS A COMPONENT UNIT FUND OF THE CITY OF
ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO
WHEREAS, pursuant to article 9 of the Aspen Home Rule Charter, the Council shall adopt the
budget by resolution on or before the fiscal day established by law (December 15); and
WHEREAS, pursuant to same article 9 of the Aspen Home Rule Charter, allows for amendments
to the adopted budget via sections 9.7 and 9.12; and
WHEREAS, the revised budgets as submitted in Exhibit A for Section 1 and Section 2 sets forth
the amounts to be appropriated for expenditure, and estimated revenues, for each accounting
fund for the calendar year 2023,
SECTION 1:
NOW THEREFORE, be it resolved by City Council, that the budget for the City of Aspen, Colorado
for fiscal year 2023, attach hereto as Exhibit A and incorporated herein by this reference, is
hereby amended. All constituted appropriations amounting to $237,822,997, and estimated
revenues amounting to $190,835,871 are hereby declared to be sufficient and necessary to pay
the expenses and certain indebtedness, and provide for a reasonable fund balance at the close
of the fiscal year ending December 31, 2023, as required pursuant to 29‐1‐103 (2), C.R.S.
SECTION 2:
NOW THEREFORE, be it resolved by City Council, that the budget for Truscott Phase II Affordable
Housing Fund for fiscal year 2023, attach hereto as Exhibit A and incorporated herein by this
reference, is hereby amended. All constituted appropriations amounting to $3,512,731, and
estimated revenues amounting to $3,216,430 are hereby declared to be sufficient and necessary
to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the
close of the fiscal year ending December 31, 2023, as required pursuant to 29‐1‐103 (2), C.R.S.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST
READING on the 11th day of April 2023.
A public hearing on the ordinance shall be held on the 9th day of May 2023, in the City
Council Chambers, City Hall, Aspen, Colorado.
240
ATTEST:
________________________ ________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 9th day of May 2023.
ATTEST:
________________________ ________________________
Nicole Henning, City Clerk Torre, Mayor
Approved as to Form:
________________________
Jim True, City Attorney
241