HomeMy WebLinkAboutresolution.council.087-23RESOLUTION #087
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADD SERVICE BETWEEN THE CITY OF
ASPEN AND CONCEPT ONE GROUP AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID ADD SERVICE ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an add service to
the Old Powerhouse Preservation Project for Construction Management as Advisor
Services, between the City of Aspen and Concept One Group, a true and accurate
copy of which is attached hereto as Exhibit "II";
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 add service
for, $132,420 between the City of Aspen and Concept One Group 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 20th day of June 2023.
70EX, -
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, June 20, 2023.
Nicole Henning, City C l rk
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CITY OF ASPEN
General Information
Vendor
Change Order Form Revision 12/08/2021
Concept One Group (COG)
Change Order Number I ASA #04 change order 04
Change Order Form
Date of Issuance
May 22, 2023
Old Powerhouse Preservation Project
Project Name
Project Number
51420 2018-123-01 RESo 2019-017
Project Completion Date
5/31/2025
Project Manager
Evan Pletcher
COA Account Code
000-119-81200-XXXXX-51420
Project Information
Description Of Service
Current services provided by COG for the Old Powerhouse
Project include owner's representation and program
management through permit submittal and review.
The contract being utilized for this project was approved by
Council as Resolution #017, 2019. The scope of services for the
original contract was City Offices at Rio Grande and the Armory
Design Phase. Since then, additional scope has been added via
change order for subsequent phases of the Facilities Master
Plan. COG has an in-depth knowledge of the OPH Project, a
component of the Facilities Master Plan, and their services have
been utilized for the OPH since the project was re -started in
2022. ASA #03 was approved by Council as Resolution #097,
2022 to fund COG through the design process or Phases 1 & 2 as
indicated in ASA #04.
Description Of Change
Order
This add -service provides funding for construction management
as advisor services through the construction phase of the
project. This -Change order will provide funding to COG through
Phase 3, or the final phase of the OPH Project. This is the last
change order needed for COG to complete this project.
e1of2
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Contract Information
Original Contract Amount I $430,860
Previous Change Order(s)
I $147,160
Change Order Amount
$132,420
(If Over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount
' $710,440 (of whi
(Including All Change
Orders)
Revised Completion Date
5/31/2025
Signature
1. Contractor (Required'
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
Change Order Form Revision 12/08/2021
Jack Wheeler IV, President 5/31/2
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6/9/2023 1 3:5 :22 PM MDT
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6/9/2023 1 2:31:43 PM MDT
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy "Change Orders And Add Services
Request" (page 30).
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CITY OFASPEN
TABLE OF CONTENTS
Add Service Agreement (ASA)#004: Page 4
RESO 2022-097
Add Service Agreement (ASA)#003:
1.1
Add Service Agreement (ASA)#002: Page 9
Add Service Agreement (ASA)#001: Page 10
Original Contract: RESO 2019-017 Page 14
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ASA #04
ADDITIONAL SERVICES AUTHORIZATION
Project Name: City of Aspen — City Offices Project — Old Powerhouse Renovation
Owner: City of Aspen
Project Manager: Robert Schober, Capital Asset Project Manager
Project Address: 425 Rio Grande Place, Aspen CO 81611
Contract: Council Resolution 17-2019, 11 February 2019
Date: May 22, 2023
C o cept
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Collaboration Opportunity Guidance
Owner and Concept One Group are parties to the above -referenced contract ("Contract") and wish to
amend the Contract as follows:
Concept One Group has been requested to perform and agrees to perform the following additional services
for the project. The services outlined below are in addition to the services under the original agreement:
We are pleased to submit our revised fee proposal for Owner's Representation and Program Management
to assist you with the completion of the City of Aspen City Offices project, specifically the Old Powerhouse
Renovation.
The scope of work for this project is defined in our master contract agreement, which was executed on
February 11, 2019, under resolution 17-2019.
Jack Wheeler will continue to lead the project, assisted by Jess Robison and Jack Wheeler V. The following
hourly rates apply:
Project Director: $175
Senior Project Manager: $150
Project Manager: $135
Assistant Project Manager: $100
Project Engineer: $75
TOTAL additional not to exceed fee for additional services described above: $129,920.00. Plus an estimate of
reimbursable expenses totaling $2,500.00, for a total additional request of $132,420.00, outlined in the
below fee worksheet. Phase 1 &2 were previously Added.
Should the level of effort be considerably more than that estimated in the attached schedule, Concept One
Group requests that the fee may be adjusted with owner to reflect the actual work performed.
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
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Collaboration ' Opportunity Guidance
Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and
effect.
Owner:
Name:
Title:
Concept One Group:
Name:
Title: President 526/23
Project: Old Powerhouse I ESTIMATED HOURS PER MONTH
Phase 1 1 Phase 2 I Phase 3 1 Total
Project Director
6
6
8
20
$4,000
Senior Project Manager
32
48
32
112
$19,600
Assistant Project Manager
16
16
32
64
$6,400
Subtotal hours/level ofeffort
54
70
72
196
$30,000
FEE
PROPOSED Monthly Billing
$ 7,360.00
$ 9,760.00
$ 9,280.00
$26,400
Months per phase
3
8
14
Total per phase
$ 22,080.00
$78,080
$ 129,920.00
$230,080
EXPENSES
Reimburseable expenses, to be invoiced
at cost plus 7%
$ 2,500.00
$ 2,500.00
$ 2,500.00
$7,500
TOTAL
$ 24,580.00
$ 80,580.00
$ 132,420.00
$237,580
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
ASA #003
RESOLUTION #097
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADD SERVICE BETWEEN THE CITY OF
ASPEN AND CONCEPT ONE GROUP AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID ADD SERVICE ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an add service to
the City Offices Project for Old Powerhouse Preservation Construction
Management as Advisor services, between the City of Aspen and Concept One
Group, 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 add service
for, $105,160 between the City of Aspen and Concept One Group 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 August 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, August 9, 2022.
Nicole Henning, City Jerk
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ASA #03
ADDITIONAL SERVICES AUTHORIZATION
Project Name: City of Aspen — City Offices Project — Old Powerhouse Renovation
Owner: City of Aspen
Project Manager: Robert Schober, Capital Asset Project Manager
Project Address: 425 Rip Grande Place, Aspen CO 81611
Contract: Council Resolution 17-2019,11 February 2029
Date: July 26, 2022
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Collaboration opporlunlly Guidance
Owner and Concept One Group are parties to the above -referenced contract ("Contract") and wish to
amend the Contract as follows:
Concept One Group has been requested to perform and agrees to perform the following additional services
for the project. The services, outlined below are in addltion to.the services under the original agreement:
We are pleased to submit our revised fee proposal for Owners Representation and Program Management
to assist you with the completion of the City of Aspen City Offices project, specifically the Old Powerhouse
Renovation.
The scope of workfor this, project is defined in our master contract agreement, which was executed on
February 11, 2019, under resolution 17-2019.
Jack Wheeler will continue to lead the�project, assisted by less Robison and Jack Wheeler V. The following
hourly rates apply:
Project Director: $175
Senior Project Manager: $150:
Project Manager: $135
Assistant Project Manager: $100
Project Engineer: $75
TOTAL additional not to exceed fee for additional services described above: $200,160.00. Plus an estimate of
reimbursable expenses totaling $5,000,00, for a total additional request of $105,160.00, outlined In the
below fee worksheet. Phase 3 for construction administration will be contracted after design is complete.
Should the level of effort be considerably more than that estimated In the attached schedule, Concept One
Group requests that the fee may he adjusted with owner to reflect the actual work performed.
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
DocuSign Envelope ID: 26C37062-CE60-4388-AB59-SBOCA6190293
G oncept
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Collaboration I Opportunity i Guldance
Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and
effect.
Owner:
❑ccuslannd by;
Name: St�iYa
Title: 'r
Concept One Group:
Name:
Title: President
Project: Old Powerhouse
ESTIMATED HOURS PER MONTH
Phase 1
Phass 2
Phan 3
I'total
Feet
Project Director
6
6
8
20
$4,000
Senior Project Manager
32
48
32
112
$19,600
Assistant Project Manager
16
i6
32
64
$6,400
Subtotal hours/level ofeffott
54
70
72
196
$30,000
FEE
PROPOSED Monthly Billing
$ 7,360.00
$ 9,760.00
$ 9,280.00
$26,400
Monthsperphase
3
8
14
Total per phase
$ 22,080.00
$78,080
$ 129,920.001
$230,080
EXPENSES
Retmburseabte expenses, to be Invoiced
at cost plus 7%
$ 2,500.00
$ 2,500.00
$ 2,500.00
$7,500
TOTAL
$ 24,580.00
$ 80,580.00
$ 132,420.00
$237,580
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
DocuSlgn Envelope ID: FCECBD8F-F68949A5-B509-4DC654CD87FD Cept
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Collaboratkn I Opporturilty I Guldance
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ADDITIONAL SERVICES AUTHORIZATION
Project Name: City of Aspen — City Offices Project
Owner: City of Aspen
Project Manager: Jen Phelan, Development Manager
Project Address:
Contract: Council Resolution 17-2019,11 February 2019
Date: March 29, 2022
Owner and Concept One Group are parties to the above -referenced contract ("Contract') and wish to
amend the Contract as follows:
Concept One Group has been requested to perform and agrees to perform the following additional services
for the project. The services outlined below are In addition to the services under the original agreement:
We are excited to submit our revised fee proposal for Owner's Representation and Program Management to
assist you with the renovation of the Armory.
The scope of work for this project Is defined in our master contract agreement, which was executed on
February 11, 2019, under resolution 17-2019.
Jack Wheeler will continue to lead the project, assisted by Jess Robison. The following hourly rates apply:
Project Director: $170
Senior Project Manager: $135
Project Manager: $12S
Assistant Project Manager: $100
Project Engineer: $7S
TOTAL Additional Not To Exceed for additional services In Schematic Design Cost Modeling for the Armory
Options, which will be approximately March 2022 - May 2022: $20,000 plus an estimate of reimbursable
expenses totaling $2,000, per the terms of the original contract for a total additional request of $22,000.
Should the level of effort be considerably more than that estimated In the attached schedule, Concept One
Group requests that the fee may be adjusted with owner approval to reflect the actual work performed.
Except as expressly amended or modified herein, the Contract shall remain unmodified and In full force and
effect.
Owner.
Pocuegned by:
N: SAr'a.
ame�}
Tidw city Manager
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Proposal for CMa for Galena Plaza Park Planning Outreach & Public Process up
Collaboration I Opportunity I Guidance
August 22, 2019 ASA #001
Mr. Jeff Pendarvis
City of Aspen
130 S. Galena
Aspen, Colorado 81611
RE: CONSTRUCTION MANAGER AS ADVISOR - GALENA PLAZA PARK PLANNING
Mr. Pendarvis:
Thank you for the opportunity to provide this proposal to extend our program management and
owner's representation services for Galena Plaza Park Planning project. We know that we can
add value throughout the process of developing this property.
COG's principals have been involved with the New City Offices project since its inception and
have been involved with overall team alignment and direction as well as project strategic
thinking and goal focus. We will work for the team leadership to continue to make sure the
design process for Galena Plaza considers all possibilities and engages the public so the project
may be implemented in alignment with yet to be determined phasing and funding. We
understand the immense impact and benefit this project will have on the entire community.
Challenges will come up and yet we remain confident that we can help facilitate a successful
path to the future.
Please find attached fee schedule for our services. We will provide services as directed, to be
billed per fixed fee schedule below. Attached you will find our scope and fee proposal and
estimate to manage the design phase for the project.
Our team is committed to helping you succeed. Thank you again for the opportunity and we
look forward to working with you.
Sincerely,
c
r
Jack Wheeler
President
Concept One Group, Inc.
Email: wheeler@conrwptonegroun.com
Mobile: (970) 456-6470
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DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928E6
C - �cept
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Proposal for CIVIa for Galena Plaza Park Planning Outreach & Public Process Vr O u"
collaboration I Opportunity I Guidance
INTRODUCTION
Concept One Group, Inc. was founded on principles of integrity, collaboration, and solution -
based thinking. We pride ourselves on being experienced, coming onto any team with a wide
breadth of knowledge and a commitment to excellence. Concept One Group's team is
comprised of experienced professionals who have a deep appreciation for strategic planning
and efficiency.
PROJECT TEAM
JACK WHEELER - Founder & President
970-456-6470 1 wheeler@conceptonegroup.com
Jack will be dedicated to this project and has over three decades of experience in the
construction industry in Aspen as well as other demanding markets such as Kona, Jackson Hole,
Telluride. Services provided include, owner's representation, general contracting, program
management, infrastructure development, municipal construction management, design, and
project management. Jack's focus is always solution oriented with an emphasis on high
performing teams that operate with integrity, collaboration, and communication. Jack
understands the complexity of managing a project for and within the City of Aspen that includes
multi -faceted stakeholder groups and a limited resource pool. The depth and breadth of his
experience includes high -end residential, multi -family affordable housing, single family
affordable, modular, hospitality, commercial development and asset management.
JESS ROBISON — Director of Operations & Project Manager
970-309-4533 1 jess@conceptonegroup.com
Jess has over eight years of project management experience, including work in construction, real
estate, and operations. Jess has a deep-rooted belief in excellent customer service and
solutions -focused collaboration. She respectfully leads and motivates high-performance teams
by fostering a success -oriented environment of accountability. Her time spent in marketing and
development with Fortune 1000 companies gives her a keen eye for details as well as a big
picture world view. Strengths include project team management, finance and budgeting,
communication, efficiency, and excellent written and verbal communication skills.
KURT KELLY — Project Manager
970-456-2933 1 l(urt@concel)tonegroup.com
Kurt has worked in the construction industry for over 25 years, starting as a carpenter, then
working as a site superintendent on the front range on large multi- and single-family
projects. Kurt has lived and worked in the Roaring Fork Valley for the last 14 years, building
homes in Aspen and Pitkin County. He has a wide range of experience in property and
construction management including, commercial buildings, tenant finishes, restaurants, multi-
family projects, and commercial and residential HOA maintenance. Kurt just finished a large
affordable housing project in Glenwood for the RE-1 school district before joining the Concept
One Group team. With his deep understanding of the construction process, Kurt brings a
plethora of hands-on experience to any team.
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August 20, 2019 1 Page 2
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Ccept
- one
Proposal for CMa for Galena Plaza Park Planning Outreach & Public Process Group
Collaboration I opportunity I Guidance
QUALIFICATIONS AND EXPERIENCE
Jack has led many teams, including the following projects, City of Aspen — New City Offices,
Aspen Pedestrian Mall, Phase II Burlingame Ranch, Aspen Police Station, Truscott, 550 Housing,
Aspen Country Inn redevelopment, Top of Mill Affordable Housing, and Bavarian Inn Affordable
Housing. All these projects have been led by the principals of Concept One Group from concept
to occupancy successfully. Concept One Group Inc. is currently providing Owners Representative
services on the City Offices Project and Water Place Phase II for the City of Aspen.
SCOPE OF SERVICES / APPROACH
Concept One Group's Program Management/Owner's Representation will provide a limited
scope of services, to assist with strategic planning, goal alignment, cost estimating review, and
overall phasing and funding strategies. We will attend all OAC meeting and provide services as
needed.
1. Provide overall facilitation, coordination, administration and support of the integrated team.
2. Support the following:
- Development of (3) conceptual design alternatives for the plaza.
- Refinement of (1) preferred conceptual design.
- Engagement with stakeholders directly impacted by the plaza's future.
- Information and engagement with general public.
We will support this effort through administration of costs, constructability analysis, schedule impacts
analysis, feasibility study, compile feedback on each of the alternatives.
3. Concept One Group will attend and support the preparation for all stakeholder
and public engagement meetings as well as Aspen City Council meetings.
REFERENCES
Tim Durand I Homeowner 1 970-948-9535 1 durand7321@comcast.net
• Swinging Bridge Lane Remodel - 2010
• Satank Remodel — 2018
Charles Cunniffe Architects I Charles Cunniffe I Architect 1 970-925-5590
charles@cunniffe.com
Aspen Police Department - 2018
Aspen City Offices - 2019
Isis Theater Renovation - 1998
Design Workshop I Darla Callaway I Associate & Project Manager 1 970-399-1417
dcallaway@designworkshop.com
C City of Aspen Pedestrian Mall- 2018
Aspen City Offices - 2019
359 Design I Will Hentschel I Principal 1 720-512-3437 1 whentschel@359design.co
• Burlingame Single Family Homes - 2018
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CO ncept
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Proposal for CMa for Galena Plaza Park Planning Outreach & Public Process up
Collaboration I Opportunity I Guidance
PROPOSED FEE
We pride ourselves on tailoring our services to our Client's specific needs. If more or less
services than outlined are needed, we can adjust our fee to accommodate those needs.
Galena Plaza Park Planning & Public Process
Design & Public Outreach phase:
September 2019 — December
2021
Reimbursable Expenses**
$4,500/month 4 months $18,000
Cost + 7% 4 months $2,000**
TOTAL $20,000
1. "Estimate of reimbursables, which include items such as travel, shipping, printing
costs, AIA software usage, parking, peer review, and mileage. All reimbursable costs will
be billed at cost plus 7%.
HOURLY RATES
Team Member
Hour ly R ate
Project Director
$160
Senior Project Manager
$150
Project Manager
$115
Assistant Project Manager
$100
Project Engineer --
- - $75
REIMBURSABLE EXPENSES
We recognize reimbursable costs can quickly become a large burden on an Owner's budget, we
feel managing, and minimizing our reimbursable costs is a primary responsibility. These
expenses will be billed at cost plus a 7% administrative fee.
Accepted by. -
Sara Ott, City Manager
City of Aspen
Jack Wheeler, President
Concept One Group
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RESOLUTION #17
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN
THE CITY OF ASPEN AND CONCEPT ONE GROUP 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
program management and owner's representation services between the City of
Aspen and Concept One Group 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
Change Order for program management and owner's representation services
between the City of Aspen and Concept One Group 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 C qy Council of the City of
Aspen on the 11 ` day of February 2019.
x4
Steven Skadro�, Mayor
I, Linda Manning, 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 February 1 ] , 2019.
Linda Manning, City Cl rk
14
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Sept
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7f-d�Up
Collaboration Opportunity Guidance
PROPOSAL FOR CoA- CITY OFFICES - 425 RIO GRANDE & THE ARMORY
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
C b} ncept
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Proposal for City of Aspen — City Offices - Galena G O up
Collaboratlon Opportunity Guidance
i
January 30, 2019
Mr. Jeff Pendarvis
City of Aspen
130 S. Galena
Aspen, Colorado 81611
RE: PROGRAM MANAGEMENT/ OWNERS AGENT AS ADVISOR SERVICES
Mr. Pendarvis:
Thank you for the opportunity to provide this proposal to extend our program management and
owner's representation services for the City Offices at 425 Rio Grande and The Armory projects.
We know that we can add value throughout the process of developing this property.
Please find attached rate schedule for our services. We will provide services as directed, to be
billed per fixed fee schedule below. Staffing will be added as determined by COG and the owner.
Attached you will find our scope and fee proposal and estimate to manage the Design and
Construction Administration of the City Offices at 425 Rio Grande and the Design Phase of The
Armory.
Our team is committed to helping you succeed. Thank you again for the opportunity and we
look forward to working with you.
Sincerely,
Jack Wheeler
President
Concept One Group, Inc.
Email: wheeler conce tone rou .corn
Mobile: (970) 456-6470
- �I�;�rlrf`•xr;`'''0?1,�-ill=.J �� �"-L?I�'il
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
Proposal for City of Aspen — City Offices - Galena
SCOPF IF SERVICES
Collaburalloll Opportunity ' Guidance
Concept One Group's Program Management/Owner's Representative will provide an extensive
scope of services from project inception and pro -forma development through project
completion and post occupancy support. Below we have provided an example list of services;
however, we pride ourselves on tailoring our services to meet the exact needs of each client and
look forward to refining our services to best suit your needs.
1. Overall facilitation coordination, organization and direction of the integrated team
During design we will ensure outreach continues and stakeholders and
council are updated on progress. We will make sure all team members
understand budget and schedule throughout the design process. We will
work to ensure a fully coordinated design is reached that considers
quality, budget, and schedule from the beginning. Provide reports and
memos as needed to update owner and council.
2. Coordinate assignment of responsibilities, actions, and completion requirements
• We will clearly track the status of all outstanding items in meeting minutes or
other formats desired. Deadlines, "ball in court" responsibility, and status will
be noticeably'and succinctly documented and addressed collectively in a
weekly meeting or conference call.
3. Coordinate and track integrated team's performance
We will proactively work with each team member to ensure that expectations
for their role and performance are clear. As the project progresses, Concept One
Group will continue monitoring their performance to make sure that program,
quality, budget, and schedules are being met. Our approach here is not to
Identify deficiencies, but rather to work with the team to find solutions to
challenges before they impact the team's performance.
4. Coordination of overall project schedule with updated procurement and
construction schedule
We will maintain an overall master schedule for the project team. We will
proactively work with each team member to ensure that expectations on
timeline for submittals, team meetings, and approvals are understood and are
being achieved.
5. Design cost estimate
Concept One Group will work closely with the design team estimators, or
develop estimates, and review costs, assumptions and risks and update
the master project budget in real time. If cost reduction is needed, we
will work with the design team and the owner to achieve this between
design phases never losing sight of it being a value-added process.
6. Lead Value Engineering process
• At the appropriate time, our team will compile a list of ideas and
facilitate a collaborative process with key design and project team
members and the owner to refine a comprehensive list of value
engineering ideas and gain consensus as to which should be
Incorporated, eliminated or flagged for future consideration or to be
carried as a bid alternate.
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
b cept
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Proposal for City of Aspen — City Offices - Galena G90 Up
Collaboration Opportunity Guidance
7. Analysis of long lead items
• Our team will specifically identlfy long lead items in our master schedule
and make sure plans are in place to manage the design and procurement
of any such items to coordinate with the remaining schedule activities.
8. Coordinate alternative options for presentation to Owner
■ As part of the value engineering process, alternates that offer cost or
schedule benefits will be offered.
9. Ensure compliance with project requirements
• We will keep a detailed list of project requirements, which will be
revisited frequently to confirm compliance and document any variance
or revision to the requirement and make sure any such revisions are
clearly communicated to all team members so that expectations are
managed appropriately.
10. lead performance checking of systems from the Integrated Team's stakeholders
• We will work closely with the design team to ensure that there is regular
review and feedback of the systems being designed and that they meet
the team's needs established early in the project.
11. Final analysis and recommendation on construction approach
• During the 30, 60 and 90% stages, we .will be confirming that the
decisions made during the concept process still hold true and that the
materials and solutions chosen are the best for the project, taking into
consideration multiple criteria such as cost,
schedule, sustainability, aesthetics, life span, operational costs, safety,
performance, etc.
12. Package Bid documents and draft RFP for Initial GC GMP review response and recommend in
conjunction with project team
• Somewhere between the 30% and 60% design stages, we see there is
huge benefit in getting a CM/GC on board to assist with the detailed
planning to make the project a reality. We pride ourselves on creating
clear contracts that de -risk the owner's exposure and yet are not too
restrictive for GCs. Concept One Group will schedule, compile all the
documents, and oversee the procurement process.
13. Monitor and Update Schedule
• As design progresses, we will update the schedule as necessary but
primarily we will make sure our schedule dates are hit without burning
any float.
14. Value Engineering II
■ With the design and construction team we will make sure all
components of the current design are reviewed for cost impacts, both
short-term capital and long-term maintenance and operational costs.
{kiniyr'ur�y Sri, 1 il [I
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
Proposal for City of Aspen — City Offices - Galena
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' Cullaboiation , Opportunity ; Guidance
15. Detailed milestone design landscape and civil design review, for completeness and constructability
• Our team will compile a list of ideas and facilitate a collaborative process
with key design team and owner's team members to refine a
comprehensive list of value engineering ideas and gain consensus as to
which should be incorporated, eliminated, or flagged for future
consideration or to be carried as a bid alternate.
16. Construction administration
• Payment application review
• Budget tracking
• Monitor schedule compliance and resource allocation
• Quality control and quality assurance
• Project close out
• Monitor commissioning
• Change order management
• Coordination of project team during construction phase.
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
I 'S
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Proposal for City of Aspen — City Offices - Galena _ couai,�Fat;or oP,,oTh,,,;ty Guidance
PROPOSED FEE
We pride ourselves on tailoring our services to our Client's specific needs. If more services than
outlined are needed, we can adjust our fee to accommodate those needs, We look forward to
talking through these fees to make sure we have covered all of your project needs.
City Offices — 425 Rio G.
2019 $16,160 12 $193,920
Months
2020 $11,665 12 $139,980
Months
Reimbursable Expenses** Cost + 7% 12 Cost + 7%
Months
TOTAL $333,900 +
reimbursables
1. "Estimate of reimbursables, which include items such as travel, shipping, printing
costs, AIA software usage, parking, and mileage. All reimbursable costs will be billed at
cost plus 7%.
City Offices — Armory
2019 $8,080.00 12 $96,960
Months
Reimbursable Expenses** Cost + 7% 12 Cost + 7%
Months
TOTAL $96,960 +
reimbursables
1. **Estimate of reimbursables, which include items such as travel, shipping, printing
costs, AIA software usage, parking, and mileage. All reimbursable costs will be billed at
cost plus 7%.
HOUki.Y hH it,-)
Project Director
$160
Senior Project Manager
$150
Project Manager
$115
Assistant Project Manager
$100
Project Engineer
$75
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
Proposal for City of Aspen — City Offices - Galena
REIMBURSABLE EXPENSE)
C Cept
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Collaboration Opportunity Gwdancr.
We recognize reimbursable costs can quickly become a large burden on an Owner's budget, we
feel managing, and minimizing our reimbursable costs is a primary responsibility. These
expenses will be billed at cost plus a 7% administrative fee.
I tKIVIIIVH I IUN ur t—uNTRACT
In the event that suspension or termination of the project occurs through no fault of Concept
One Group, Inc., Concept One Group, Inc. shall be entitled to all costs of work completed to
the date of the notice of suspension or termination and all costs associated with work
scheduled for the following forty-five (45) business days.
STANDARD PROPOSAL PROVISIUNS
1. The Client agrees to indemnify, defend, and hold Concept One Group, Inc. harmless
against any and all actual or consequential damages in excess of the fees herein, as well
as any actions, causes of action, fines, costs and claims arising out of or in any way
relating to this project not the result of willful misconduct or gross negligence by
Concept One Group, Inc.
2. Processes used and documents prepared or provided by Concept One Group, Inc.
while working for the Client are solely provided as instruments of service to the Client
for use on this project. They are and shall remain the property of Concept One Group,
Inc., who reserves all rights thereto.
3. A signed proposal or contract will be required prior to Concept One Group, Inc. beginning work.
4. The above fees do not include reimbursable expenses, which include items such as
travel, shipping, printing costs, AIA software usage, parking, and mileage. All
reimbursable costs will be billed at cost plus 7%.
5. Client shall pay Concept One Group, Inc. within ten (10) calendar days of the submission
of each invoice. All unpaid balances outstanding at the end of ten (10) calendar days
shall be assessed a 1% processing fee. A 1.5% late fee will be assessed in addition to the
processing fee for each 30 days of delinquency (18% annually).
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
Proposal for City of Aspen — City Offices - Galena
Uo-11 cept
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Cnllaboraliun pppolhuilty 1Guidance
6. The agreement maybe terminated for the following reasons:
a. Concept One Group, Inc. does not perform the work included in the Base Scope
of Services in accordance with industry standards.
b. Timely payment is not received by Concept One Group, Inc. for
Base Scope of Services rendered.
c. Suspension or abandonment of project by Owner.
d. For convenience by either party with 21 days written notice.
7. Both parties subject to this agreement shall notify the other in writing if contemplating
termination of the agreement. If the cause of termination is either 6a or 6b above,
fifteen (15) business days from date of notification shall be allowed for the notified
party to correct the non-compliance with the agreement. Correction of non-
compliance within the allotted time shall preclude grounds for termination.
8. In the event that the Owner suspends the project, this agreement may also be
suspended for a like period of time. A suspension greater than thirty (30) calendar days
will allow for equitable adjustment to fees upon the resumption of the work.
9. In the event that suspension or termination of the project occurs through no fault
of Concept One Group, Inc., Concept One Group, Inc. shall be entitled to all costs of
work completed to the date of the notice of suspension or termination and all costs
associated with work scheduled for the following forty-five (45) business days.
10. It is important to note Concept One Group, Inc. will be providing construction industry
experience but will not be providing legal expertise. The Owner will need to have its
counsel review all contracts during negotiations and prior to execution.
11. Fees represented in this proposal are valid for thirty (30) calendar days.
Jack Wheeler,
President
Concept One Group, Inc.
AI'I RUVED & ACCEPTED:
SAM- 0—T, T
City '1- WR(;'q,_
City of Aspen
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
Nil
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 C;I1 Y OFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2.018-123-01.
AGREEMENT made as of 11 °' day of february, in the year
BETWEEN the City:
The City of Aspen
c/o Capital Asset Management
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Concept One Group, Inc.
c/o Jack Wheeler
1319 Wald Circle
Carbondale, CO 81623
Phone: 970-456-6470
For the Following Project:
Contract Amount:
Total: $430,860.00
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:..L�..i i 2—
Resolution
Owner's Representative Services for completion of Design and Construction Administration of City
Offices at Rio Grande and Armory Design Phase
Exhibits appended and made a part of this Agreement:
Agreement Professional Services Page 0
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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 Jan.;.! . - . 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. Nan -A* abilit . 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 fmished 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.
Agreement Professional Services Page 1
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7. lade endent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be constr'ied 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 hannless 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
Agreement Professional Services Page 2
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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.
0) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and L•wplo},ers' 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 Workers' 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 TWO
MILLION DOLLARS ($2,000,000.00) 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
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 ONE MILLION DOLLARS
($1,000,000) 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
Agreement Professional Services
Page 3
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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 certificate 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 tliis 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. Ci '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 A Bement. 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.
Agreement Professional Services Page 4
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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. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101.
(a) Pu ose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require 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.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"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.
(c) By signing this document, Professional certifies and represents that at this time:
Agreement Professional Services Page 5
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(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while the Public Contract for
Services is being performed.
(v) if Professional Obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; 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 cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
Page 6
Agreement Professional Services
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subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) 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 underlaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) 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 City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 el seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Aizainst Contin ent 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:
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLOR.ADO:
[Signature]
By:
1Namcj
Title: 7 , ,a Y Ci Inoz
Date: 3
Approved as to form:
Attorney's Office
Agreement Professional Services
rryO.
IAtuLre]: Jack
Wheeler
V
Title: President
Date:' 2Q1
Page 9
KI
DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
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.
17. Fund Availabilitv. 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.
18. 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, Iegality 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.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
Agreement Professional Services Page 8
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DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
RESOLUTION NO.053
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CHANGE ORDER FOR SERVICES ASSOCIATED WITH THE ARMORY
REUSE AND REMODEL PROJECT, AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
COLORADO AND APPROVING CITY MANAGER ADMINISTRATIVE
EXECUTION OF SUBSEQUENT CONTRACTS AND CHANGE ORDERS THAT
ARE WITHIN THE APPROVED ARMORY BUDGET
WHEREAS, there has been submitted to the City Council change order between
the City Council (the "Owner") and Charles Cunniffe Architects, Mills and Schnoering
Architects, LLC, and Concept One Group (the "Service Providers"), a true and accurate
copy of the services to be provided attached hereto as "Exhibit A", and,
WHERAS, City Council considered and approved the services at a regular council
meeting on April 12, 2022;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
1. That the City Council of the City of Aspen hereby approves the agreement between
Owner and Service Providers, a copy of which is annexed hereto and incorporated
herein and does hereby authorize the City Manager to execute said agreements on
behalf of the City of Aspen.
2. That the City Council of the City of Aspen hereby allows City Manager
administrative oversight of any subsequent contracts and change orders that are
within the current approved net project budget; and does hereby authorize the City
Manager, when necessary, to execute said agreement on behalf of the City of
Aspen. Council will be updated by staff and the City Manager on a regular basis.
INTRODUCED READ AND ADOPTED by the City Council of the City of Aspen on
the 121h day of April 2022.
Torre, Mayor
Resolution 053-2022
Armory Reuse and Remodel, service contracts
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DocuSign Envelope ID: 6CA6C457-05F8-4045-A770-FOB9120928EB
ATTEST:
Nicole Henning, Ci Clerk
APPROVED AS TO FORM:
V,V� ran —
James R True, C' Omey
Resolution 053-2022
Armory Reuse and Remodel, service contracts
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